GENERAL TERMS AND CONDITIONS OF USE
The General Terms and Conditions herein (hereinafter referred to as « GCU ») are concluded between the company iHealthLabs Europe (hereinafter referred to as « iHealth ») and any person (hereinafter referred to as the « User ») who undertakes to access and browse through iHealth internet website, accessible via the URL address www.ihealthlabs.eu (hereinafter referred to as the « Website »). The present GCU apply even if User’s agreement to other terms and conditions such as online « general terms and conditions of use » accompanying any online purchase, for professionals (« B to B ») or for customers (« B to C »), or terms and conditions regarding the use of products offered for sale, contained in the products data sheets, have not been accepted.
Access and browsing through the Internet Website are contingent on the strict compliance with the GCU with which any User shall have to get acquainted with beforehand.
Accessing and browsing through the Website implies, from any User, an acceptance, without reservations, of the current GCU, which place the User under several obligations, use policies and behavioral constraints.
ARTICLE 1 - OBJECT
The GCU herein establish all the terms and conditions of use of the Website anywhere for any web user or User accessing and browsing through the said Website, whether he/she is a simple visitor or buyer of the products and services provided by iHealth. In addition, it is stated that all purchases are subject to the general terms and conditions of sale and iHealth products must be used in accordance with the user guide attached to each product.
Also, everything regarding the Users’ personal data is subject to the documents, available on the Website, entitled: « Personal Data and Confidentiality Policy » on the one hand, « Personal Health Data Guide » (HYPERLINK) on the other hand.
ARTICLE 2 - GENERAL DESCRIPTION OF THE WEBSITE
2.1. General Description of the Website Content
This Website is a commercial website offering to any natural person or legal entity, professional or private individual, the possibility to order innovative connected health products that are clinically approved.
Sales of iHealth products and services are subject to « general terms and conditions of use ».
2.2. Access Procedures
2.2.1 « Personal » Account Creation
When merely navigating on the Website, the User is not required to provide iHealth with any identification information.
However, in order to make the most of the resources available on the Website, in particular in order to order products offered by iHealth, the User is invited to create a « personal » account for which he/she will be asked to provide for various data, some of which may be personal in nature.
In this case, iHealth send a subscription confirmation via electronic message in which the User’s login, name and access code are confirmed. In order to activate his/her account, the User must click on the personalized link provided for this purpose.
The formal creation of the account shall be made after the provided information has been approved by the Website administrators.
The Users undertake to communicate up-to-date and accurate data. iHealth shall not be held liable, under any circumstances, for any issue or prejudice arising from the inaccuracy or obsolescence of the data communicated by the User. However, in accordance with the law, the Users can, at any time, upon simple request, proof of identity and by complying with the procedure planned for this purpose by iHealth, have access to the data related to their account and proceed to their modification, correction or rectification.
As soon as the account is created, the User shall be assigned a login name and a password (hereinafter the « Credentials ») allowing him/her to access his/her private account. The Users shall ensure to use the appropriate Credentials and will be solely responsible for the level of safety of the said Credentials.
iHealth guarantees the safety of its own storage, management and hosting system which meets applicable legal and regulatory requirements as well as high quality standards. However, unless there is proof of defect attributable to iHealth, the later shall not be held liable for the consequences of actions arising from the User’s negligence which would lead to a fraudulent use of the said Credentials.
2.2.2 Use of Access Code
Users have the possibility to modify their password at their first connections on the Website. On subsequent connections, the Users shall enter their chosen Credentials.
iHealth advise the Users to frequently modify their password.
In case he/she forgets or loses his/her password, the concerned User shall generate a new password which will be sent at his/her email address via the section entitled « Forgotten Password? ».
In the event of theft of his/her username and/or password, or in case of proven or suspected use of the said Credentials by an unauthorized third party, the concerned User shall immediately contact iHealth via the section entitled «Contact».
2.2.3 Confidentiality of User Access Information
Credentials are personal and confidential. They can only be changed on the User’s request or on initiative of iHealth. The User is solely and entirely responsible for any activity carried out using his/her Credentials and undertakes to make his/her best efforts in order to keep these Credentials secret and not to disclose them, to anybody, in any form whatsoever. In the event of loss or theft of his/her Credentials, the User is responsible for any harmful consequence arising from this loss or theft and shall take, as soon as possible, appropriate action in order to modify them.
2.2.3 Rule of Evidence
The User accepts the use of electronic mail and/or other written telecommunication system (SMS, etc.) for the transmission of information related to the services provided by iHealth or to the conclusion or the execution of their commercial relations.
The User expressly agrees that:
(i) The presence of an identification password validly identifies the author of a document or message and establishes the authenticity of this document or message;
(ii) An electronic document containing an identification password is equivalent to a written document signed by the document issuer.
(iii) The parties can rely on a paper printed version of an electronic message from an email software in order to prove the content of their exchanges regarding the execution of the GCU herein.
2.3. Availability of the Website
Before accessing the Website, every User is responsible for verifying that the computer configuration he/she uses is consistent with the navigation and use of the Website, that this computer configuration does not contain any virus and that it is in good working condition.
iHealth shall do its best efforts to ensure that every User can access the Website 24 hours a day, 7 days a week and all year long.
However, iHealth reserves the right , without notice or compensation, to close temporarily or permanently the access to part or all of the Website (in particular for Website maintenance, update or upgrade purposes, or due to a technical issue) and shall not be held liable for direct or indirect damage that could arise from it.
More generally, iHealth shall be held liable in case of unavailability of the Website for any reason whatsoever.
iHealth does not control the risks related to the functioning of the Internet and draws the User’s attention to the existence of constraints, risks and limitations related to possible disruption of telecommunications, denial of service, virus, computer bugs and any other case beyond the control of iHealth and inhibiting the availability of the Website.
ARTICLE 3 - LIABILITY
3.1. User’s Liability
Every User commits to using the Website fairly and lawfully, in strict accordance with the GCU herein.
The User shall not undertake any action which might limit, disrupt, block of disallow, in any manner, partially or totally, even temporarily, the regular functioning of the Website. The previous provisions cover, in particular, the following, non-exhaustive list: any spam, virus, worm, Trojan horse or any damage whatsoever to the Website and to iHealth information system.
Also, the User shall not extract, collect, download or exploit all or part of the content of the Website in order to provide for similar services and/or to in violation of iHealth or third parties’ rights.
The User shall not access, in any way whatsoever, to the parts of the Website which access is restricted to registered Users, including the Users having a personal account and the Website administrators.
Furthermore, any User who has a personal account commits to preserving the confidentiality of his/her username and password.
Every User shall not communicate them to any third party whatsoever, and accepts to bear full responsibility for any action implying the use of his/her username and password.
Every User guarantees iHealth against any appeal or action based on or arising from data, information or elements appearing on his/her personal account that could be taken against him/her for any reason whatsoever, by any third party.
iHealth reserves the right to interrupt temporarily or permanently the access to the Website for any User, at its absolute discretion without notice or compensation, because of the User’s breach of any of the provisions referred to in the GCU or of the laws and regulations in force on the French territory, this without prejudice to any action that may be taken by iHealth. iHealth.
3.2. Liability of iHealth
Liability with regard to Internet network use
iHealth shall not be held liable for damages, for any direct or indirect damage, that might be suffered by the User and arising from the temporary or permanent, voluntary or involuntary interruption of the functioning of the Website.
iHealth shall not be held liable for constraints, risks and limitations, referred to above, attached to the use of the Internet network, in case of computer bug, failure or blockage of the telecommunications, denial of service, virus, harm to the network or to information systems, and any other case that are beyond the control of iHealth.
Liability with regard to Website content
The contents published on the Website come from sources believed to be reliable and are made available to Users for indicative purposes. iHealth undertakes to do its best efforts in order to offer to the Users high quality contents.
iHealth does not guarantee the completeness, the updating, the exhaustiveness, the reliability, the truthfulness, the relevance or the accuracy of the contents or the information published on the website.
As the case may be, subject to notification to iHealth or errors or omissions via the section entitled «Contact» , iHealth can only commit to proceeding to the necessary rectifications as soon as possible and taking into consideration the existing technical and material constraints.
In any case, the contents or information published on the Website do not exempt any User to proceed him/herself to the control of the said contents and information provided.
The Users are the sole masters of the right use, with discernment, of the contents and information made available to them on the Website.
Consequently, iHealth shall not be held liable on the basis of contents or information available on the Website, for any direct or indirect damage, of any nature whatsoever. The information, contents and/or documents available on this Website are used under the sole and only responsibility of the User who bears all the consequences that might arise from it. No recourse may be taken against iHealth on this basis.
iHealth shall not be held liable either in case of customer dissatisfaction or prejudice suffered because of judicial decisions or other decisions regarding said contents, documents or information published on the Website.
The contents, information and/or documents available on the Website are likely to be modified at any time, and can be subject to updates. In particular, they may have been updated between the moment they were downloaded and the moment the User gets acquainted with them.
Liability with regard to hyperlinks
The Website makes available to the Users, for information purposes, several hyperlinks or newsfeeds leading to third party websites, social networks included.
Likewise, iHealth may authorize third party websites to make a hypertext link towards the Website under the provisions referred to in ARTICLE 4.
The User is informed that iHealth does not carry out any editorial control and does not intend to approve or disapprove any content appearing on any of the concerned third party website.
Consequently, iHealth shall not be held liable for any direct or indirect damage with regard to the User that may result from the access, content, use or malfunctions of the third party edited websites.
ARTICLE 4 - INTELLECTUAL PROPERTY
iHealth Intellectual Property Rights
The Website and all its elements such as, in particular, the domain names, any trademark, logo, software, arborescence, database, graphic charter, designs and patterns, illustrations, animations, images, texts, are protected by intellectual property rights.
iHealth is the exclusive owner of the intellectual property rights related to the Website and all its elements.Any copy, reproduction, representation, adaptation, alteration, modification, unauthorized disclosure, full or partial, extraction or reuse, repeated or systematic, including for private purpose, of all or part of the Website, by any means whatsoever, may constitute a counterfeit and/or an subject to civil penalties or criminal sanctions.
The creation of hyperlinks towards the Website can only be realized upon written and prior authorization by iHealth, which may be removed at any time.
The photographs appearing on the Website are from different sources. iHealth has the rights to use those photographs. Any copy, reproduction or use, for any purpose, from the Website, is forbidden and shall be sanctioned by the laws in force.
ARTICLE 5 - PERSONAL DATA
iHealth has to electronically process the User’s personal data (hereinafter referred to as « Personal Data »), in particular while browsing on the Website, creating a user account, or via the « Contact » section on the Website.
When said Personal Data is collected, the User expressly commits to only communicating to iHealth complete, accurate and up-to-date information without prejudicing third parties’ rights or interests.
iHealth is particularly vigilant to ensure the User’s privacy protection and informs the User that his/her Personal Data are processed in accordance with the “Computers and Freedom” Law of July 6, 1978 (Article 27) as modified by the Law of August 6, 2004, as well as with the subsequent status which have their origin in French laws, treaties and conventions, and with the status from the European Union.
Users’ personal data collection and processing have been declared to the National Commission on Computer Technology and Freedom (CNIL) under the declaration voucher number 1820891 v 0 dated September 18th, 2014.
iHealth advises the User to consult the Personal Data Policy (hereinafter referred to as « Personal Data Policy ») , or the special guides related to iHealth products and apps, in particular the « Personal Health Data Guide » in which the terms and conditions of User’s Personal Data processing are detailed.
ARTICLE 6 - AMENDMENT OF THE GENERAL TERMS AND CONDITIONS OF USE
It is understood between the parties that iHealth reserves the right to amend freely and at any time the terms of the GCU. Any new version of those GCU shall enter into force as soon as they are posted online. Consequently, the User is advised to frequently consult the GCU on every access and during every new browsing through the Website and/or further use of the Website, in order to get acquainted with amendment thereto.
The GCU herein are the latest version in force of the GCU. They therefore prevail over any other previous version and constitute the entire agreement concluded between iHealth and the User.
Should he/she disagree with the GCU herein, the User shall renounce to access, browse and use the Website for any purpose.
ARTICLE 7 - DISPUTE RESOLUTION
The GCU herein are subject to French law.
It is expressly agreed that in case of a dispute, and after attempting to reach an amicable settlement, any claim regarding the acceptance, the validity, the interpretation, the application or the execution of any provision of the GCU herein shall be submitted to the competent authorities at the Court of Appeal in Paris, which are the only competent authorities, regardless of the place of registration and notwithstanding the plurality of defendants or forced inclusion of a third party (guarantee call).