ARTICLE 1 – SCOPE AND PURPOSE
ARTICLE 2 – DEFINITIONS
The expressions below used in the Contract shall have the following meaning:
“Contract” means all the contractual elements: (i) these general terms and conditions of use (ii) the personal data protection policy. These documents are available at any time on the following website: DIGIT-PRE – Innovative Solutions in Prevention, Prediction & Remote care
“Force Majeure” refers to situations whose constitutive elements are characterized within the meaning of article 1218 of the French Civil Code and case law.
“Intellectual Property” refers to (i) all Intellectual Property rights, whatever their nature or form, likely to exist or benefit from protection in the world, including works of the mind, copyrights and related rights, copyright, designs and models, software and source codes, trademarks, trade names and logos, domain names and other distinctive signs, databases, as well as inventions, patents and know-how, regardless of whether they are or may be registered, as well as updates, improvements, modifications, configurations, extensions and derivative works of all or part of these elements, and (ii) personality rights, the right to privacy, and the right to image.
“Parties” refers to Eurasanté and the User.
“Platform” refers to DIGIT-PRE.
“Processus” has the meaning given to the article 3.
“Confidential Information” refers to (i) any information of a financial, legal, commercial, technical, IT or administrative nature, (ii) any documents or information concerning access to the Services, (iii) any information which could have the effect of favouring the interests of a competing company as well as (iv) any other information which the Parties may communicate to each other, directly or indirectly, in writing, orally, in any form whatsoever and which by reason of its nature or the circumstances of its disclosure should reasonably be regarded as confidential. Confidential Information does not include information which (i) is in the public domain prior to its communication or disclosure; and/or (ii) is already known to the receiving Party prior to its communication or disclosure; and/or (iii) is legally obtained from a third party who was entitled to transmit it; and/or (iv) which one of the Parties has authorized the other Party to disclose in writing, prior to such information being disclosed.
“Website” refers to the DIGIT-PRE website available at the following link: https://www.digit-pre.eu
“Service” refers to the Service(s) made available to Users.
“User” refers to any natural person who has a User Account on the DIGIT-PRE application and who accesses the Services offered by DIGIT-PRE via the Site.
“User Account” refers to the User’s personal space for private use, enabling him/her to use the Services thanks to his/her Identifiers.
“User Data” means (i) data about the User and his or her data (including personal data) (ii) mentioned by the User on his/her User’s Account; (ii) shared by the User on the Platform; (iii) processed by Eurasanté for the purpose of providing the Services and/or (b) any document of any kind whatsoever, downloaded, distributed, collected or placed online by a User on the Platform.
ARTICLE 3 – WEBSITE FUNCTIONING
The Website enables Eurasanté to configure Processes for collecting information from Users.
These Processes may include the following steps:
– a request to create an account;
– one or more online forms;
– one or more steps to collect documents of any kind and size;
– one or more steps to confirm that the information has been sent to Eurasanté;
– documents of any kind, made available by the Organizer and downloadable by the User;
– one or more stages of information in any form (text, image, video, audio, etc.);
– one or more stages of sending e-mails to the User;
– sharing and displaying certain information collected from the public;
– one or more stages of analysis of the information collected;
– and, in general, one or more steps to inform, collect, request, receive, display or share information of any kind, as long as it does not infringe the present terms and conditions of use.
The Website is accessible 24 hours a day, 7 days a week, except in cases of Force Majeure, computer breakdowns, maintenance and/or updating operations, or problems linked to telecommunication networks.
ARTICLE 4 – CREATION OF A USER ACCOUNT
To access and reply to the Processes present on the Website, the User must first of all register his organization in the matchmaking tool and then create a User Account by providing the following information:
Registration to the matchmaking -> Informations about your organisation:
- Name of your organisation
- Organisation type
- Description of your organisation
- Website (optional)
- Adress of the Headquarter
- Regional Partner
- Partnership Type
- Targeted Area(s)
- Expertise(s) of your structure
- 5 keywords to describe your expertise(s)
- Areas of cooperation sought (optional)
Creation of the personal account à Information of the contact person within your organisation
- First name
- Last name
- Phone (optional)
After creating a User Account, the User will be able to access the entire Process configured by the organizer. The User will receive a confirmation e-mail in his or her e-mail box. Users must ensure that they have entered their e-mail address correctly and must check their “undesirable” or “spam” e-mails. In the event of an e-mail being received as “undesirable or spam”, the User must configure his/her mailbox and do everything possible to ensure that e-mails sent by the organizer will be delivered.
An e-mail sent from the Website may take up to twenty (20) minutes to reach the User’s inbox.
The User’s password is strictly personal and must under no circumstances be shared with third parties. Generally, the User is personally responsible for keeping his or her information confidential and for not divulging or communicating it. In the event of a breach in the security of his personal information, the User must immediately contact the organizer, who will provide him with new identifiers.
In the event of loss of access, the User may request a “forgotten password” by entering his/her e-mail address at the login stage. In the event of a deactivated account, blocked access or deleted account, the User must contact the organizer to clarify the situation and find a solution.
ARTICLE 5 – USER’S OBLIGATIONS
Article 5.1 – General information
In general, the User agrees:
(i) to comply with the terms of the Contract;
(ii)to provide Eurasanté, without this being limitative, with all the supporting documents needed to certify the User Data;
(iii) to communicate to Eurasanté, within the agreed deadlines, all information necessary for the provision of the Services and to update the User Data in writing. The User is solely responsible for the consequences of any failure or delay in updating said data;
(iv) to verify that the equipment necessary for the use of the Services and used complies with the technical requirements communicated to him/her;
(v) the supply, installation and maintenance of the equipment as well as the electronic communications costs (such as telephone and internet access costs) resulting from their use are the sole responsibility of the User. It is the User’s responsibility to find out the cost of using said equipment and services from the operators concerned;
(v) to protect against the risks of loss or piracy of data, files and programs by using regularly updated antivirus software;
(vii) restrict access and observe the utmost confidentiality with respect to any and all modes of access to the Services, and generally secure such modes of access in order to prevent unauthorized use of the Services;
(viii) to use the Services in compliance with the laws and regulations applicable to the Contract;
(ix) not to use the Services in such a way as to damage the reputation of Eurasanté;
(x) to ensure that the User Data he/she communicates when using the Services does not prejudice the rights of third parties, and to be authorized to distribute such User Data.
Article 5.2 – Obligations relating to content
The User must not under any circumstances participate in any activity, publish content, enter information, or register or use a URL for the purpose of establishing content that represents or includes an element that:
– is offensive, abusive, defamatory, pornographic, threatening or obscene;
– is illegal, or intended to promote or commit an illegal act of any kind, including a violation of Intellectual Property rights, privacy rights, the property rights of Eurasanté or the property rights of any other User, or any third party;
– includes its password or voluntarily includes the password of any other User, or voluntarily includes the personal data of any third party;
– imitates or misrepresents its affiliation with another User,organizer, person or entity, or is fraudulent, false, misleading or deceptive;
– is likely to cause harm to it, such as passwords to other services, banking information in an unsecured environment, information relating to health data and any sensitive personal information;
The User also declares that the content posted or entered on the Website, or its poster :
– belongs to her/him (she/she is the owner) or that she/he has the right to use it for these purposes ;
– does not violate the privacy rights, publicity rights, copyrights, contractual rights or any other rights of any person;
– will not cause the organizer to violate any law, regulation, rule, code or other legal obligation;
– will not be or could not reasonably be considered obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, likely to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
– will not be unsolicited, undisclosed or unauthorized advertising;
– does not contain computer viruses or any other computer code, files or programs designed to interrupt, destroy or destroy data or information.
Article 5.3 – Responsibility of the User
The User is responsible for: (i) the use she/he makes of the Services, and (ii) the User Data she/he enters on the Platform.
The User indemnifies Eurasanté, its representatives against all costs (including legal fees, costs and expenses) and damages related to claims and legal actions relating to (i) the use of the Services by the User in an illegal, immoral, fraudulent manner, or outside the Contract; (ii) the User Data he/she provides; (iii) the infringement of Eurasanté’s or any third party’s Intellectual Property rights, as a result of the User’s use of the Services.
ARTICLE 6 – OBLIGATIONS, LIABILITIES AND WARRANTIES OF DIGIT-PRE
Eurasanté implements the means and measures necessary for the proper operation and maintenance of the continuity and quality of the DIGIT-PRE’s Services.
The User acknowledges that the role of DIGIT-PRE is limited to that of a simple intermediary and technical service provider.
The User acknowledges that Eurasanté cannot be held liable for any interruption of Services or delay in performance beyond its control and, in particular, that the provision of Services depends on the reliability, availability and continuity of connections from a number of third parties (telecommunications network operators, the public Internet, the User’s Equipment, etc.) as well as on the accuracy and integrity of the User Data.
DIGIT-PRE may be required to suspend the Services for the purposes of scheduled maintenance by DIGIT-PRE or one of its subcontractors or in the event of technical imperatives (emergency maintenance). It is agreed between the Parties that Eurasanté shall in no event be liable for any consequential damages suffered by Users in connection with the use of the Services. Furthermore, Eurasanté cannot be held liable for acts (i) resulting from an act or negligence on the part of the User or (ii) which do not comply with the applicable regulations and/or the Contract. Eurasanté declines all responsibility in the event of a dispute, whatever the cause, between Users.
The information presented on the Platform is provided “as is” and without any express or tacit guarantee; the Platform may present technical and typographical errors or other inaccuracies, which the User acknowledges and accepts by using the Platform. In any event, the use of the information available on the Platform is made under the User’s sole responsibility. However, if the User notices a gap, error or what appears to be a malfunction, please contact Eurasanté at email@example.com describing the problem as precisely as possible (page causing the problem, action triggered, terminal used, …). The hardware used by the User to connect to the Platform is under his entire responsibility. The User must take all appropriate measures to protect his equipment and his own data, in particular from virus attacks via the Internet. Moreover, the User is the only responsible for the sites and data it consults.
Eurasanté cannot be held responsible in case of legal proceedings against the User:
- Because of the use of the Application or any service accessible via the Internet.
Eurasanté is not liable for any damage caused to the User, third parties and/or his equipment as a result of his connection or use of the Application and waives any action against Eurasanté as a result.
Should Eurasanté be subject to amicable or legal proceedings as a result of the use of the Platform by the User, Eurasanté may take action against the User to obtain compensation for all damages, sums, convictions and costs that may arise from such proceedings.
ARTICLE 7 – INTELLECTUAL PROPERTY
The Services of DIGIT-PRE and all the elements of which they are composed are, unless otherwise specified, the exclusive property of Eurasanté.
No provision of these general conditions of use may be interpreted as a transfer of Intellectual Property rights.
Eurasanté grants the User, for the duration of the Contract, a personal, non-exclusive, non-assignable and non-transferable right to use DIGIT-PRE. The User may re-use the content of the Website for non-commercial purposes by explicitly quoting the source and inserting a link to the Website.
Photos are not free of copyright and may not be used without the prior authorization of Eurasanté, which will then inform the User of the copyright to be displayed.
The User undertakes not to (i) attempt to access or copy the source codes of the Platform; (ii) use the Platform for any purpose other than to use the Services; (iii) create copies of the Platform; (iv) reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile, incorporate the Platform into other software or create derivative works based on the Platform by any means and on any medium whatsoever; (v) resell, rent or commercially exploit the Platform, or transfer/assign the Platform to a third party (vi) carry out any form of illicit extraction of data from the platform such as web scraping.
The User acknowledges that any violation of the present article constitutes an act of infringement punishable under civil and criminal law in accordance with articles L.335-2 et seq. of the French Intellectual Property Code.
ARTICLE 8 – ACCESS TO THE APPLICATION
Access to the Application is strictly personal and reserved for adults only. Eurasanté reserves the right to ask for any justification of age.
The User is solely responsible for the use made of his/her login and password. Any access, use of the Services and transmission of data made from the User Account will be considered as having been made by the User. In this respect, the User is responsible for ensuring that at the end of each session he/she effectively disconnects from the Services, in particular when accessing the Services from a public computer.
Any loss, misappropriation or unauthorized use of a User’s Identifiers and their consequences are the sole responsibility of that User. In all the cases mentioned above, the User is required to notify Eurasanté, without delay, by e-mail, specifying his identifiers, surname, first names.
By using the Platform, the User is responsible for maintaining the confidentiality of his personal account and password.
The User must not under any circumstances communicate his password to a third party. If the User has any reason to believe that a third party has knowledge of his password, or that his personal account or password is being used by a third party without his knowledge, he must inform Eurasanté immediately. The User agrees to accept responsibility for any actions performed via his username and password.
ARTICLE 9 – MANAGEMENT OF THE PLATFORM
For the good management of the Platform, Eurasanté can at any time:
- Suspend, interrupt or limit access to all or part of the Platform, reserve access to the Platform, or to certain parts of the said Platform, to a given category of Users.
- Delete any information that may disrupt the operation of the Platform or that contravenes national or international laws.
- Suspend the Platform in order to carry out maintenance and/or updates.
During the period of suspension of its access to the Services, the User may exercise its rights over its personal data, in accordance with the Personal Data Protection Policy. Eurasanté shall not be liable for any damages resulting from the suspension of Services under this article.
Eurasanté reserves the right to modify the clauses of these general conditions of use at any time and without justification.
ARTICLE 10 -DATA COLLECTION AND CONFIDENTIALITY
The personal data protection policy accessible here and available on the Site describes the respective roles and obligations of the User and Eurasanté concerning the processing of personal data within the framework of the execution of the Services. By accepting these general conditions of use, the User and Eurasanté undertake to comply with the terms and conditions of the said policy.
ARTICLE 11 – HYPERLINKS
Hypertext links and connectors from third party social networks or sports applications may link to other sites and applications other than the Platform. Eurasanté has no means of controlling the content of these third-party applications and websites, which remain totally independent of Eurasanté. Moreover, the existence of a link between the Platform and a third-party application and/or website does not in any way mean that Eurasanté approves in any way whatsoever the content of this site and/or application and a fortiori the use that could be made of it. Consequently, Eurasanté disclaims all liability in the event that the content of these applications and/or third-party websites contravenes the legal and regulatory provisions in force. Likewise, Eurasanté declines any responsibility for the content of third-party applications and/or websites that point to the Application and may request the operator of such application and/or third party website to remove any link to the Platform.
When using the Platform, links to websites owned and controlled by third parties may be provided from time to time to enable the User to contact such third parties, purchase their goods or services, or participate in their promotions. These links take the User out of the Platform and are not controlled by Eurasanté.
The content of the Platform must not be nested within the pages of another site or a third-party application, without the prior agreement of Eurasanté. This practice could be considered as counterfeiting and thus be subject to prosecution.
ARTICLE 13 – DURATION AND TERMINATION
Article 13.1 – Duration
Article 13.2 – Termination by Eurasanté
The User acknowledges having been informed that all or part of the Services may be terminated by Eurasanté, without the latter having to justify its decision and without compensation.
Furthermore, in the event of fault or negligence on the part of the User, such as the use of one or more Services (a) contrary to the stipulations of the Contract, (b) contrary to laws and regulations, (c) likely to damage the reputation of Eurasanté, or the physical or mental integrity of another User, or in an inappropriate manner, Eurasanté may terminate, by any means, all or part of the Contract and/or Services with seven (7) days’ notice from the effective suspension date and without compensation.
In the event of a serious breach by the User of the stipulations of the Contract, Eurasanté reserves the right to terminate, by any means, all or part of the Contract and/or Services without prior notice or compensation.
Article 13.3 – Termination by User
The User may terminate the Contract at any time, without having to justify his decision, by logging into his User Account (“My Account” section). Before the end of the Contract, the User will be able to recover his/her User Data and close data in a usable format before any deletion of his/her User Account. The User acknowledges that he/she has all the rights and/or authorizations required to retrieve the aforementioned data.
Article 13.4 – Consequences of termination
Suspension of all or part of the Services has the effect of temporarily limiting and/or prohibiting access to the Service(s) concerned. However, Eurasanté is not liable for any damage resulting from the suspension of Services.
ARTICLE 14 – FORCE MAJEURE
In the event of Force Majeure, the application must inform Users immediately. Force Majeure suspends Eurasanté’s obligations for the duration of the event. Nevertheless, the Parties will do their best to minimize the consequences as far as possible. The Parties will then no longer be bound by their obligations, with the exception of those resulting from the articles “Intellectual Property”, “Confidential Information”, “Protection of Personal Data” and “Liability” herein, without any indemnity or penalty whatsoever being due on either side.
Eurasanté shall not be liable for the total or partial non-performance of its obligations, caused by an event constituting Force Majeure, in the sense that Force Majeure occurs in contractual matters when an event beyond the debtor’s control, which could not reasonably have been foreseen when the Contract was concluded and the effects of which cannot be avoided by appropriate measures, prevents the debtor from performing its obligation. Eurasanté will inform the User as soon as possible of the existence of such a case of Force Majeure.
ARTICLE 15 – GOVERNING LAW
ARTICLE 16 – CONTACT
For any question, information on the products presented on the site, or concerning the site itself, the User can leave a message at the following address: firstname.lastname@example.org.