GENERAL CONDITIONS OF USE AND REFERENCING CRYOAPP
1 IEGAL INFORMATION
The company CRYOTHEQUE, (hereafter ” the Company “), a simplified joint stock company, with a capital of 125 000 €, whose head office is located at 3 impasse de l’industrie in LAVERUNE (34880), registered in the Montpellier Trade and Companies Register under the number 912 595 840, represented by Mr. Nicolas QUEHON, acting as President.
Individual VAT identification number FR 71 912 595 840
Email : email@example.com
Director of the publication Mr. Nicolas QUEHON
Host of the Application : Hosteur
Mail : FR: (+33) 9 88 66 05 50
Phone : +33 (0) EN: (+33) 9 88 66 05 50
2 CHAMP D‘APPLICATION
The Company makes available to referenced whole body cryotherapy centers (hereinafter ”
“) an Application allowing :
– the management of their agenda;
– access to statistics;
– access to questionnaires and suggestions for personalized whole body cryotherapy treatments;
The present general conditions of use and referencing (hereafter ”
“), define the conditions under which the Centers may use the Application and under which the Company refers the Centers to its website.
They apply, without restriction or reservation, regardless of the clauses that may appear in the Center’s documents, and in particular its general terms and conditions of sale or purchase. The Center is required to review these terms and conditions prior to any registration on the Application.
LE CHEREBY DECLARES THAT IT HAS READ THE PRESENT CONDITIONS GAND HAVE ACCEPTED THEM BY TICKING THE BOX PROVIDED FOR THIS PURPOSE WHEN REGISTERING ON THE‘APPLICATION.
In any case, the Company does not intervene in any way in the contractual relationship that is formed between the Center and the users of the Application (hereinafter ”
3 ACCESS TO‘APPLICATION
3.1 Access to the Application
The use of the Application requires access to the Internet and a recent browser updated by its publisher. All costs, whatever they may be, relating to access to the Application shall be borne exclusively by the Center, which shall be solely responsible for the proper functioning of its computer equipment and its Internet access.
3.2 Registration on the Application
The Center will need to enter an email address and create a password when registering on the Application. These login and password are personal and confidential. The password can be changed by the Center in its account settings.
The Center is solely responsible for its login and password. He/she agrees to do everything possible to keep his/her identifiers secret and not to disclose them in any form whatsoever. The User shall inform the Company without delay if he/she notices a security breach related in particular to the voluntary communication or misappropriation of his/her login and/or password, so that the Company can take without delay any appropriate measure to remedy the security breach.
In the event of loss or misappropriation of a login and/or password, the Center will notify the Company as soon as possible. The Company will then deactivate the Center’s account and send the Center a link to reset its password by email to the address provided by the Center.
The Center is responsible for all activities that occur under its account and for all access to the Application that it authorizes using its credentials.
At the end of any use of their account, the Center must log out of their account so that no unauthorized person can access it without their permission.
3.4 Availability of the Application
The Company shall use its best efforts to provide the Center with access to the Application 24 hours a day, 7 days a week, except in cases of force majeure and subject to the following.
The Company may, in particular, at any time, without being held liable:
– suspend, interrupt or limit access to all or part of the Application, reserve access to the Application, or certain parts of the Application, to a specific category of users;
– delete any information that may disrupt its operation or contravene national or international laws;
– suspend or limit access to the Application in order to make updates.
The Company is released from any responsibility in case of impossibility of access to the Application due to a case of force majeure, within the meaning of the provisions of Article 1218 of the Civil Code, or
due to an event beyond its control (in particular a problem with the Center’s equipment, technical problems, disruption of the Internet network, etc.).
Maintenance work may be performed without prior notice to the Center.
LE CENTRE RECOGNIZES THAT THE‘OBLIGATION OF THE SS OBLIGATION WITH RESPECT TO THE AVAILABILITY OF THE‘APPLICATION IS A SIMPLE OBLIGATION OF MEANS.
The Company provides support services for the Application in the event of a malfunction of the Application, understood as any reproducible malfunction of the Application which prevents the normal operation of all or part of the Application or which causes an incorrect result or inadequate processing when the Application is used in accordance with the Company’s instructions and its intended purpose (hereinafter ”
The Company’s support can be reached by the Center by email at any time.
Any notification of an Anomaly must include the date of occurrence, the context of its appearance and the description of a reproduction procedure, as well as any additional information requested by the Company.
The Company undertakes to deal with the request as soon as possible. It is specified that this assumption of responsibility is automatically suspended:
– outside business hours, which are from 9 a.m. to 12 p.m. and from 2 p.m. to 6 p.m. only on business days in France;
– during periods when the Company is awaiting information from the Center;
– in case of force majeure events preventing the realization of the support services.
The Company will use its best efforts to resolve the Defects as soon as possible but cannot guarantee their resolution. The resolution of the Anomalies may consist in particular, at the Company’s choice, of a parameterization of the Application, a specific development or a workaround solution.
The Company reserves the right to refuse to provide the above support services in cases where the Defect results from:
– a modification of the Application made by or for the Center without the express, specific and prior agreement of the Company;
– an Anomaly caused by a third-party application or system implemented by or for the Center that is not authorized, provided or licensed by the Company; – insufficient capacity of the Center’s computer infrastructure or system;
– an abnormal use of the Application, contrary to its purpose;
– the intervention of a third party not authorized by the Company.
LA SHE COMPANY IS BOUND BY AN OBLIGATION OF MEANS WITH REGARD TO THE SUPPORT.
As such, it undertakes to do its utmost to provide this support with the care and diligence of a professional. The Company reserves the right to subcontract all or part of the support, which the Center acknowledges and accepts.
The Center undertakes to transmit to the Company all the elements and information that will facilitate its intervention and, in general, all the elements and information that it will be asked for.
Only the services described above may be performed by the Company under the support, to the exclusion of any other service and in particular:
– the setting of the Center’s computer equipment;
– the drafting of training documents, notices or specific instructions for the Center;
– training of the Centre’s staff;
– maintenance services for the Center’s computer equipment; – backup of the Center’s data.
In order to enable the Company to provide support, the Center agrees to: – to cooperate in good faith with the Company in the performance of the support services; – to provide the elements requested by the Company, as well as any information that it deems useful for the purposes of providing the support;
– inform the Company throughout the duration of this Agreement of any operating difficulties or anomalies that may affect the Application; – always provide the Company with a competent technical contact; – follow any recommendations made by the Company in the context of support.
The Center will need to purchase a subscription in order to benefit from the features of the Application and the Center’s listing services offered by the Company.
Subscription to a subscription offered by the Company is the sole responsibility of the Center. Confirmation of the subscription expresses the Center’s final acceptance of the prices and characteristics of the said subscription.
4.2 Free trial
The subscription taken out by the Center can start with a free trial.
The Company reserves the right to refuse or terminate a free trial, particularly in the event that a Center has already received a free trial. Some promotional offers offered by the Company may also exclude the cumulation with a free trial.
The subscription will be billed at the end of the free trial via the payment method provided by the Center at the time of subscription. However, if the Center cancels its subscription before the end of the free trial period, no fee will be charged. The end date of the free trial period is announced to the Center when it signs up for a subscription and is accessible at any time on its account on the Application.
4.3 Proof of subscription
The computerized registers, kept in the Company’s computer systems under reasonable security conditions, will be considered as proof of the communications, subscriptions and payments made between the parties.
It is expressly agreed that, in the absence of proof to the contrary, the data recorded in the Company’s computer system shall constitute proof of all transactions concluded with the Center.
4.4 Cancellation of a subscription
Subscriptions are for an indefinite period. They can be terminated at any time with thirty (30) days notice, using the ”
Click on “Cancel Subscription” in the Center’s account.
The Center is expressly informed that any deletion of its account on the Application during the course of a subscription will result in the termination of its subscription.
The Company reserves the right to terminate a Center’s subscription in the event of a breach by the Center of its obligations under Articles 3, 5 to 8, 10, 11, 12 and 16 of these General Terms and Conditions, after sending a formal notice by registered mail with return receipt requested, which has remained without effect for thirty (30) calendar days after its receipt.
5 TARIFS – PAIMS
Subscriptions are offered by the Company at the rates in effect as indicated on the Application. These prices are expressed before and after tax and include the VAT applicable on the day of subscription.
These prices are firm and non-revisable during their period of validity, as indicated on the Application; the Company reserves the right, outside this period of validity, to modify the prices.
An invoice shall be issued by the Company and delivered to the Center by e-mail upon confirmation of its subscription and at the beginning of each billing period. These invoices will be available on the Center’s account on the Application.
The subscription fee is billed at the beginning of each monthly period on the billing date indicated on the Center’s account.
Payments are made by direct debit. The Center must provide its credit card information (Visa, MasterCard, American Express, other credit cards) at the time of subscription.
By providing payment information, the Center expressly authorizes the Company to collect the subscription fee on a monthly basis. The Center undertakes to inform the Company immediately of any change in its bank account and necessarily before the change becomes effective. In the event that the Centre’s bank rejects a direct debit, the Centre will be liable for a fixed fee of
twenty euros (€20) to the Company, notwithstanding the interest for late payment and the collection fees mentioned below.
LPAYMENTS MADE BY THE CENTRE SHALL NOT BE CONSIDERED FINAL UNTIL‘AFTER EFFECTIVE COLLECTION BY THE SOCIETY OF THE AMOUNTS DUE.
5.3 Late payment
In the event of late payment and payment of amounts due by the Center after the deadline and after the payment date indicated on the invoice sent to the Center, late payment penalties at the rate of 15% shall be automatically and automatically due to the Company, without any formality or prior notice, without prejudice to any other action that the Company may be entitled to take against the Center in this regard.
In addition, a fixed indemnity for collection costs, in the amount of 40 euros, will be payable by the Center as of right and without prior notice in the event of late payment. The Company reserves the right to request additional compensation from the Center if the actual collection costs incurred exceed this amount, upon presentation of supporting documentation.
In the event of late payment by the Center, and after the Company has sent a formal notice by registered letter with acknowledgment of receipt that has remained without effect for thirty (30) days from its receipt, the Company reserves the right, at its option, to terminate the Center’s subscription.
5.4 Discount – Rebate – Discount – Rebate
No discount shall be given by the Company for payment in cash, or within a period shorter than that stated in these General Terms and Conditions, or on the invoice issued by the Company.
No discounts, rebates and discounts are applied by the Company except under special conditions.
6 FONCTIONALITIES OF THE‘APPLICATION
6.1 Reservation schedule
The Application allows the Center to inform its opening hours as well as the slots open to reservation by Users. These slots must be constantly updated by the Center to allow reservations by Users in the best conditions. The Center shall be solely responsible to Users for any inaccuracy in its availability.
The Center shall also determine on the Application the maximum time period within which the User may change appointments without charge.
The Center has the possibility of making slots unavailable for booking, and of modifying its schedules and the services offered at any time. However, the Center remains solely responsible to Users for any cancellation of reservations caused by these changes.
The Center also agrees to make its terms and conditions of service available to Users by posting them on the Application. These terms and conditions govern the relationship between the Center and Users.
LE CBETWEEN IS EXPRESSLY INFORMED THAT‘A RESERVATION OF SERVICES ON THE‘ATHE APPLICATION CONSTITUTES A DISTANCE CONTRACT UNDER CONSUMER LAW AND, QU‘FOR THIS PURPOSE, L‘UTILIZER BENEFITS FROM‘A RIGHT OF WITHDRAWAL OF‘PUBLIC ORDER FOR A PERIOD OF 14 DAYS FROM THE CONCLUSION OF THE CONTRACT. EN CONSEQUENCE, IF THE‘UTILIZER EXERCISES HIS RIGHT OF WITHDRAWAL WITHIN THIS PERIOD, THE CENTRE SHALL BE OBLIGED TO APPLY THE APPLICABLE LEGISLATION.
CN ACCORDANCE WITH THE‘ARTICLE L. 221-25 OF CODE DE LA CONSOMMATION, IF THE‘UTILIZER WISHES THE SERVICES TO BEGIN BEFORE THE END OF THE WITHDRAWAL PERIOD, HE MUST EXPRESSLY ACKNOWLEDGE THE LOSS OF HIS RIGHT OF WITHDRAWAL.
DN THE EVENT THAT A US RIGHT OF WITHDRAWAL FROM THE CONTRACT.‘A CONTRACT FOR THE PROVISION OF SERVICES FOR WHICH THE‘EXECUTION HAS BEGUN, AT ITS EXPRESS REQUEST, BEFORE THE END OF THE WITHDRAWAL PERIOD, IT WILL BE LIABLE TO THE CBETWEEN D‘AN AMOUNT CORRESPONDING TO THE SERVICES PROVIDED UP TO‘THE COMMUNICATION OF HIS DECISION TO WITHDRAW ; THIS AMOUNT IS PROPORTIONAL TO THE TOTAL PRICE OF THE SERVICE PROVIDED.
CHE RIGHT OF WITHDRAWAL DOES NOT APPLY TO‘HOWEVER, IT DOES NOT APPLY TO CONTRACTS FOR HEALTH SERVICES PROVIDED BY HEALTH PROFESSIONALS TO PATIENTS TO ASSESS, MAINTAIN OR RESTORE THEIR HEALTH, INCLUDING PRESCRIPTION, THE DISPENSING AND SUPPLY OF DRUGS AND MEDICAL DEVICES, IN ACCORDANCE WITH THE‘ARTICLE L. 221-2 FROM CCONSUMER AFFAIRS. EN CONSEQUENCE, WHEN CRYOTHERAPY SERVICES ARE PROVIDED BY A CS AUTHORIZED TO PERFORM‘MEDICAL ACTS, NO RIGHT OF WITHDRAWAL‘IS APPLICABLE. LE CENTRE REMAINS HOWEVER FREE TO‘TO GRANT MORE ADVANTAGEOUS CONDITIONS TO UTILIZERS BY ALLOWING THEM TO‘TO CANCEL THEIR RESERVATIONS WITHOUT CHARGE.
The Center shall inform on the Application the precautions to be taken by the User before each cryotherapy session. These precautions will be communicated to the User automatically after his reservation on the Application.
The Application allows the Center to access statistics concerning its activity, and in particular information concerning its clients, the number of cryotherapy sessions performed, the number of cryotherapy treatments performed, the client satisfaction, the transformation rate…
In order for these statistics to reflect the activity of the Center, the Center acknowledges that it shall record all of its services on the Application. Otherwise, the services performed but not recorded in the Application cannot be taken into account in the establishment of these statistics.
6.3 Questionnaires and personalized treatments
Questionnaires are made available to the Center on the Application. The purpose of these questionnaires is to conduct an assessment of the general state of health (lifestyle, current medical treatments, quality of sleep, pain, etc.) and needs of the Users. They
also allow to highlight the contra-indications to whole body cryotherapy.
These questionnaires may be sent directly to the User by the Center, through the Application or completed by the Center on the Application in the presence of the User.
Based on the information provided by the User, personalized whole body cryotherapy treatments can be offered to the Center on the Application. The Center can also establish personalized whole body cryotherapy treatments to be offered to Users.
The Company does not check the accuracy or completeness of the data and information provided by the User or the Center through the Application. The User is solely responsible for the data he or she provides through the Application or to the Center for the purpose of filling out the questionnaires.
The Center agrees to pay particular attention to the User’s questionnaires and especially to any contraindications to whole body cryotherapy. It undertakes to take all necessary precautions prior to the performance of services, in particular by requiring the presentation of a medical certificate of no contraindication in case of doubt as to the User’s state of health, when the Center is not authorized to perform medical acts.
The Company shall in no way be liable for any inaccurate information affecting the recommended cures or for any complications resulting from a false or erroneous declaration by the User. The Center expressly declares that it is aware that the proposed cures are established by an algorithm on the basis of the information collected from the Users in the questionnaires and that the Center remains responsible for ensuring the tolerance of the Users when carrying out its services.
The Center expressly acknowledges that the recommended treatments require the taking of the User’s temperature by the Center upon leaving the whole body cryotherapy cabinet. Any erroneous temperature measurement or one taken under incorrect conditions by the Center will impact the recommended cures and is likely to affect the User’s results as well as the tolerance of the whole body cryotherapy services by the User.
ITHE BOARD IS EXPRESSLY REMINDED THAT‘UCRYOTHERAPY FOR THERAPEUTIC PURPOSES PERFORMED WITH MEDICAL DEVICES ARE MEDICAL PROCEDURES, IN ACCORDANCE WITH THE‘ARTICLE 2, 4° OF L‘AORDER OF 6 JANUARY 1962, WHICH CAN ONLY BE PERFORMED BY MEDICAL DOCTORS (ARTICLE L. 4161-1 FROM CODE OF PUBLIC HEALTH) OR MASSEURS–PHYSIOTHERAPISTS (ARTICLE R. 4321-7 FROM CODE OF PUBLIC HEALTH). EN CONSEQUENCE, ONLY THE CND THEREFORE, ONLY THOSE COMPANIES THAT ARE DULY AUTHORIZED TO DO SO UNDER THE ABOVE-MENTIONED PROVISIONS SHALL BE ENTITLED TO USE THE SERVICES.–WILL BE ABLE TO MAKE AVAILABLE TO THE‘UTILIZER OF CARE PROTOCOLS AND HEALTH ASSESSMENTS.
The Center having subscribed on the Application benefits from a referencing on the Application and on the Company’s website on a page dedicated to the search for a cryotherapy center.
The main ranking parameters on this page of the site are:
The geographical location of the Center and in particular the distance between the place searched and the geographical location of the Center.
The importance of this criterion is justified by the need to offer the User the most easily accessible Center(s).
The following information is also available on the Company’s website, on a page dedicated to each Center:
– The Center’s business name;
– Its possible brands and logos;
– His telephone, e-mail and postal address;
– The list of services offered and their rates;
– Photographs or other visuals representing the Center’s premises; – The Center’s opening hours;
– The Center’s Terms and Conditions;
– Hyperlinks to the Center’s website and social networks.
These elements are to be filled in by the Center on its account on the Application. He/she undertakes to provide accurate and truthful information. In the event of a change in the information provided, the Center undertakes to modify the data recorded in its account. The Center is and remains solely responsible for the information it provides on the Application.
The Center’s trademarks and logos, if any, may also appear on any other page of the Company’s website. In this regard, the Center expressly agrees that the Company may use the Center’s trademark, logos, sign or trade name on its website and the Application and on any other paper or electronic commercial document.
The Center declares that it holds all necessary rights to the visuals, trademarks, logos and any other elements that it would include on the site and on the Application.
8 OBLIGATIONS OF CENTRE
The Center is committed to:
– to carry out its obligations with the care and diligence of a high-level professional so that the services delivered to Users are of the highest quality;
– to comply with all legal, regulatory and, where applicable, ethical obligations imposed on it in the exercise of its activity;
– to demonstrate professionalism and to refrain from any behavior that could damage the Company’s brand image;
– to fill in the information concerning him/her accurately and in good faith, without misleading the Users of the Application;
– to display on its own website and on its social networks a promotional banner as provided by the Company and referring to the Application by means of a hypertext link.
The Center acknowledges that it uses the Application made available at its own risk and that it must carry out any necessary and/or useful verification before any use under its exclusive responsibility.
The services are performed under the exclusive responsibility of the Center.
LE CBETWEEN IS AND REMAINS SOLELY RESPONSIBLE FOR THE FULFILMENT OF ITS OBLIGATIONS TO THE UBY VIRTUE OF THE RELATIONSHIP THAT EXISTS BETWEEN THE CBETWEEN AND‘UTILISATOR, TO WHICH THE SOCIETY N‘IS NOT GONE.
In the event of the Center’s failure to comply with any of its obligations under this section, the Company may terminate the Center’s subscription in accordance with the provisions of Section 4.4 hereof.
9 OTAX AND SOCIAL SECURITY OBLIGATIONS OF THE CENTRE
Article 242 bis of the French General Tax Code provides for an obligation to inform users by the operators of platforms that put people in contact with each other electronically with a view to selling a good, providing a service or exchanging or sharing a good or service. In this respect, the Company is required to provide, at the time of each transaction, fair, clear and transparent information on the tax and social security obligations incumbent on persons who carry out commercial transactions through the Company. The Company shall also provide the Center with an electronic link to the websites of the administrations allowing it to comply, if necessary, with these obligations:
- Hyperlink concerning the Centre’s tax obligations: https://www.impots.gouv.fr/portail/node/10841
- Hyperlink regarding the Center’s social obligations: https://www.urssaf.fr/portail/home/espaces-dedies/activites-relevant-de-leconomie.ht ml.
The Company also informs the Center that, in accordance with the provisions of Article 1649 ter A of the French General Tax Code, it is obliged to send the tax authorities a declaration relating to the transactions carried out through its intermediary. This statement includes:
(i) the identifying features of each Center;
(ii) the amount of consideration received by each Centre through the Application; and
(iii) the identifiers of the financial accounts to which such consideration is paid and the identifiers of the account holders if different from the reported Center.
The declarations relating to the Center are made by the Company in the event that the Center is a resident of France, of another Member State of the European Union or of a State or territory that has concluded an agreement with France permitting automatic exchange of information, with the exception of:
(i) Public entity centers;
(ii) Centers whose shares are regularly traded on a regulated exchange or related to an entity whose shares are regularly traded on a regulated exchange;
(iii) Centers that have conducted fewer than thirty (30) sales of goods or services during the reporting period for which the total amount of consideration does not exceed €2,000 (two thousand euros).
This declaration shall be transmitted by the Company to the Center no later than January 31 of each year in accordance with the provisions of Article 1649 ter D.
The Company reminds the Center of its obligation to report income earned through the Application to the tax authorities. In this respect, it is reminded that tax fraud exposes you to tax adjustments leading to the regularization of sums due (with late penalties), fixed fines on undeclared sums, and criminal sanctions.
The Centers are furthermore expressly informed that they may be subject to the obligation to declare sales made through the Application when such income meets the conditions set by the General Tax Code and the Commercial Code. The Company shall not be liable for the Centers’ failure to comply with these rules.
10 RESPONSIBILITY OF THE SOCIETY
The Company’s liability is limited to the accessibility, content, use and proper functioning of the Application and the referencing of the Center on the website under the conditions set forth herein.
The Company shall take all necessary care and diligence to ensure the proper performance of its obligations. It may be exonerated from all or part of its liability by proving that the non-performance or improper performance of its obligations is attributable either to the Center, or to an unforeseeable and insurmountable event, or to a third party, or to a case of force majeure.
LE CENTRE THUS RECOGNIZES THAT THE‘OBLIGATION OF THE SOCIETY’S OBLIGATION HEREUNDER IS A SIMPLE OBLIGATION OF MEANS.
ENO CASE, THE STHE COMPANY SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL DAMAGES, SUCH AS COMMERCIAL PREJUDICE, DATA LOSS, LOSS OF ORDERS, INJURY TO THE‘BRAND IMAGE, ANY COMMERCIAL DISTURBANCE, LOSS OF PROFIT, OF GAINS AND/OR PROFITS, LOSS OF CHANCE, LOSS OF CLIENTS OR PATIENTS. EN ANY CASE, THE AMOUNT OF DAMAGE–INTEREST THAT COULD BE CHARGED TO THE SOMPANY UNDER THIS AGREEMENT, ALL LOSSES COMBINED AND ACCUMULATED, IF ITS RESPONSIBILITY WAS ENGAGED, SHALL NOT EXCEED AN AMOUNT EQUAL TO THE PRICE PAID BY THE CENTERS UNDER THE‘SUBSCRIPTION DURING THE TWELVE (12) MONTH PRECEDING THE EVENT CAUSING THE DAMAGE.
PAR AILLEURS, AND IN ACCORDANCE WITH THE PROVISIONS OF THE‘ARTICLE 2254 OF THE CIVIL CODE, NO LEGAL ACTION TO ENGAGE THE CIVIL LIABILITY OF THE STHE COMPANY MAY NOT BE SUED FOR MORE THAN‘ONE YEAR FROM THE DATE THE CBETWEEN KNEW OR OUGHT TO HAVE KNOWN THE FACTS THAT WOULD ALLOW IT TO DO SO.‘EXERCISE.
11 PROTECTION OF PERSONAL DATA
11.1 Processing of Centre data
In the course of the use of the Application by the Center, the Company may process personal data of the Center, its employees, officers or representatives. The stipulations relating to the processing of such personal data are set out in an annex to this document, in the Personal Data Protection Charter, which can be accessed from all pages of the Application and at the following address
11.2 Processing of User Data
In the course of providing its services, the Company processes User data as a subcontractor, and the Center as a data controller. The Company and the Center undertake to process such data in compliance with the applicable regulations and in accordance with the personal data outsourcing agreement attached hereto (ANNEX 1).
11.3 Data Access
For the duration of the Center’s subscription :
(i) As the Application’s data host, the Company has access to the data that the Center or Users transmit or that is generated when using the Application. The categories of data concerned are statistics on the number of cures performed, the distribution of types of services, the transformation rate, the quality of results, and any element allowing the improvement of the Company’s algorithm.
(ii) The Center accesses the data that it transmits and that Users transmit or that is generated when using the Application. The access to these data is done by consulting the Application. The categories of data concerned are data relating to the identity of Users referred to the Center, statistics concerning the activity of the Center, data relating to services booked with the Center by Users.
(iii) The Centers do not have access to data transmitted or generated during the use of the Application by all other Centers and Users of the Application. However, Centers can access statistical data in aggregate form from all other Company customer centers. These data do not identify individual Centers. Access to this data is made through the “Statistics” tabs on the Application.
(iv) The Company may disclose certain data that the Center or Users transmit or that is generated in the course of using the Application to third parties. The purpose of this transmission is the
promotion of the Application and communication on the practice of whole body cryotherapy. The Center cannot object to such transmission.
Once the Center’s subscription has expired, the Company shall retain access to the information transmitted or produced by the Center for the duration of the legal statute of limitations or the legal retention period for accounting records, unless a shorter legal period is provided for personal data.
12 PNTELLECTUAL PROPERTY
12.1 Intellectual Property of the Company
The Company grants the Center a personal, non-exclusive, non-transferable right to use the Application in accordance with its purpose and for the duration of its subscription.
It is specified that the Center does not acquire any ownership rights in the Application (including all software included or integrated into it) and its documentation, in the elements belonging to the Company, including patents, trademarks, trade names, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, copyrights or other intellectual property rights.
Any use of the Application not expressly authorized under these Terms and Conditions is unlawful, in accordance with the Code of Intellectual Property and is therefore constitutive of the offence of infringement likely to be civilly or criminally punished.
Accordingly, the Center is prohibited, directly or indirectly, from, among other things:
– any copy, printing, transfer, transmission of all or part of the Application;
– any permanent or temporary reproduction of the Application, in whole or in part, by any means and in any form, including loading, displaying, running or storing the Application;
– any representation, distribution or marketing of the Application, whether free of charge or against payment;
– any sale, lease, sublicense, or distribution of the Application in any manner whatsoever;
– any use of the Application to provide data processing, service bureau, timeshare or similar services of any kind to any other individual, company or entity;
– any adaptation, modification, translation, export, transformation of the Application, and/or merging of all or part of the Application into other computer programs, for any reason whatsoever, in particular with a view to creating a third-party service;
– any compilation, decompilation, disassembly, analysis, reverse engineering or translation of the object code of the Application into source code, except to the extent permitted by law;
– any removal, alteration or concealment of any proprietary notices, labels, legal notices, such as trademarks or copyrights associated with the Application.
As indicated above, this right of use is non-transferable. The Center shall not grant any rights whatsoever in the Application in any manner whatsoever.
The above commitments are understood to include any direct or indirect action, personally or through an intermediary, on their own behalf or on behalf of a third party.
12.2 Intellectual Property of the Centre
The Center remains the sole owner of the intellectual property rights attached to the services it offers on the Application.
The Company shall have the right to use the trademarks, logos and other intellectual property rights of the Center. Under the right of use granted by the Center, the Company may reproduce on its website and on the Application, the trademarks, logos and any other intellectual property rights attached to the Center’s services, so that these services can be offered for booking to Users.
This non-exclusive right of use is granted to the Company for the entire world and for the duration of the Center’s subscription.
The Centre undertakes, as a confidentiality clause, for the duration of its subscription and for a period of five (5) years after its terminationThe User shall not, for any reason whatsoever, disclose, directly or indirectly, any information, knowledge or know-how concerning the Company, its operating procedures, and the Application, to which it may have had access in the performance of this Agreement, unless such information, knowledge or know-how has become public knowledge or is required to be disclosed by virtue of a specific regulation or an administrative or judicial order
He also undertakes to ensure that this obligation is respected by all members of his staff concerned, for whom he is responsible to the Company.
14 DECLARATION OF‘RECIPROCAL INDEPENDENCE
The parties expressly declare that they are and will remain, for the duration of this agreement, independent business and professional partners.
15 INTUITU PERSONAE
The present agreement being concluded ”
“In addition, the client shall not transfer, for any reason and in any form whatsoever, whether in return for payment or free of charge, any of its rights and obligations under these General Conditions to a third party, nor shall it entrust to a third party the performance of all or part of its contractual obligations.
In addition, in the event of a change of control in the corporate structure of the Center, in the event of a merger, absorption, partial contribution of assets, assignment, or transfer to a subsidiary, the Center must notify the Company by registered letter with return receipt requested, within fifteen (15) days of the said change. The Center’s subscription may then be terminated by the Company. In the absence of termination by the Company, this Agreement and the associated subscription shall be automatically and automatically transferred to the acquiring party, the transferee or the assignee of the Center.
L’ ” intuitu personae “As the terms of this Agreement are not reciprocal, any changes in the identity of the Company, such as mergers, spin-offs, takeovers, partial contributions of assets, assignments, transfers to a subsidiary and any other legal or commercial agreements with third parties, shall not affect the existence or performance of this Agreement.
16 FORCE MAJEURE
In addition to the events usually considered by French jurisprudence as force majeure, the Company’s obligations shall be automatically suspended in the event of external events preventing the normal performance of the present contract (with the exception of obligations to pay sums of money which cannot be suspended).
Without this list being limitative, the following events are considered as constituting force majeure:
- fire, storm, flood ;
- blocking of means of transportation for any reason whatsoever; ● total or partial strikes, internal or external to the company; ● company lockout ;
- blocking of telecommunications ;
- blocking of computer networks;
- computer failure;
- cyber attack;
- pandemics, epidemics, health crises.
The Company shall notify the Center, by any means at its convenience, of the occurrence of any force majeure event. The time limits for performance of its obligations hereunder shall be extended in accordance with the duration of the events constituting force majeure and performance shall be resumed upon cessation of the events impeding performance.
If, however, the performance of the obligations becomes impossible for a period of more than three (3) months, the parties shall consult with a view to finding a satisfactory solution. In the absence of an agreement within fifteen (15) days from the date of expiration of the first three (3) month period, the parties shall be free to terminate the present agreement without indemnity on either side by notification to the other party of a registered letter with acknowledgement of receipt.
The Center warrants that it has taken out an insurance policy covering its professional liability for all activities and obligations arising hereunder with a reputable and solvent company.
The Center undertakes to maintain this policy throughout the duration of its subscription and to provide proof thereof upon request by the Company, by providing a certificate from its insurers listing the coverage taken out, the amount thereof and the duration thereof.
Any change, suspension or termination of this insurance policy for any reason whatsoever shall be reported to the Company promptly.
The parties acknowledge that these Terms and Conditions constitute the entire agreement between them and supersede any prior offer, provision or agreement, whether written or oral.
If any provision of these Terms and Conditions is found to be invalid under a current rule of law or a final court decision, it shall be deemed unwritten, without invalidating the Terms and Conditions or altering the validity of its other provisions.
The fact that either party does not claim the application of any clause of these General Conditions or acquiesces in its non-performance, whether permanently or temporarily, shall not be construed as a waiver by that party of its rights under said clause.
21 DBJECTIVE LAW – LANGUE
By express agreement between the parties, the present General Conditions are governed by French law.
They are written in French. In the event that they are translated into one or more languages, only the French text will be deemed authentic in the event of a dispute.
The parties elect domicile at the address indicated at the time of registration for the Center and at the address of its registered office for the Company.
TLL DISPUTES ARISING UNDER THIS AGREEMENT SHALL BE SETTLED BY CONDITIONS GSION OF THE GENERAL ASSEMBLY COULD RESULT IN, CONCERNING BOTH THEIR VALIDITY, THEIR INTERPRETATION, THEIR EXECUTION, THEIR TERMINATION, THEIR
CONSEQUENCES AND THEIR CONSEQUENCES WILL BE SUBMITTED TO THE COMMERCIAL COURT OF THE CITY OF MONTPELLIER.