CONDITIONS GÉNÉRALES D‘USE OF THE‘APPLICATION CRYOAPP
ARTICLE 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
Contact SAS CRYOTHEQUE
Mail 4 rue du canal 64110 UZOS
Email : firstname.lastname@example.org
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
Policy number In progress
Territory covered World
ARTICLE 2 – CHAMP OF‘APPLICATION OF THE CONDITIONS GENERALS
The present general conditions of use (hereinafter ”
the General Conditions
“) apply, without restriction or reservation, to all access and use of the CRYOAPP application published by the Company (hereafter ”
“), by consumer users (hereinafter ”
The User is required to read the General Conditions before registering and using the Application.
THE UTILIZER DECLARES TO HAVE READ THE PRESENT CONDITIONS GAND HAVE ACCEPTED THEM BY CHECKING THE BOX PROVIDED FOR THIS PURPOSE WHEN REGISTERING ON THE‘APPLICATION.
IT IS EXPRESSLY REMINDED TO UTILIZERS THAT THE PRESENT CONDITIONS GENERAL CONDITIONS DO NOT GOVERN THE CONTRACTUAL RELATIONSHIP BETWEEN THE UTILIZERS AND THE CENTER TO WHICH THEY ARE AFFILIATED.
LTHE PRESENTS CONDITIONS GENERALES DO NOT CONSTITUTE A CONTRACT FOR VALUABLE CONSIDERATION WITHIN THE MEANING OF THE‘ARTICLE L. 224-25-2 FROM CCONSUMER AFFAIRS, L‘UTILISATOR N‘AND BEING LIABLE FOR‘NO PRICE AND DOES NOT PROVIDE THE SOCIETE NO OTHER BENEFIT IN LIEU OF OR IN ADDITION TO THE PAYMENT OF‘A PRIZE. LA SOCIETE MET L‘APPLICATION IS AVAILABLE TO THE‘UTILIZER FREE OF CHARGE, THE ONLY ADVANTAGE GRANTED TO THE SS ONLY BENEFIT COMES FROM THE PAYMENT OF ROYALTIES BY THE CENTERS AND NOT BY THE USER.‘UTILISATOR. LA SOCIETE DOES NOT MAKE ANY COMMERCIAL USE OF THE PERSONAL DATA OF THE‘US PERSONAL DATA, WHICH ARE NEITHER SOLD NOR USED FOR COMMERCIAL PROSPECTING PURPOSES BY THE SOCIETE OR THIRD PARTIES.
ARTICLE 3 – OBJET OF THE‘APPLICATION
The Application allows the User affiliated to a whole body cryotherapy center (hereafter ”
“) to benefit from the following functionalities:
– Carrying out an assessment ;
– Access to his data, assessments, care protocols and invoices of his reserved sessions;
– Reservation of services with the Center, it can be whole body cryotherapy services or any other services offered by the Center; – Communication with the Center.
The Company has no legal relationship with the Users with respect to the services that are exclusively provided by the Center.
The Company acts only as a provider of a digital service. It does not intervene in any way in the contractual relationship that is formed between the Center and the User with respect to the services provided by the Center.
The User will directly conclude the contract for the said services with the Center to which he/she is affiliated in such a way that the latter will be exclusively responsible for the proper execution of the services it markets.
ARTICLE 4 – PRESENTATION OF THE‘APPLICATION
4.1. Access to the Application
The Application is accessible free of charge to Users, affiliated to a Center having subscribed to the Company’s services.
The use of the Application requires a compatible phone or mobile terminal and access to the Internet. It can be downloaded from the App Store on iOS and Google Play Store on Android operating systems. All costs, regardless of
The User is solely responsible for the proper functioning of his computer equipment and his access to the Internet.
4.2. Registration on the Application
The registration of the User requires the creation of his account by his Center by means of his email address. If this account has not been created, the User is invited to contact his Center so that it may proceed with its creation.
In order to finalize his registration, the User must fill in the required fields. He/she undertakes to provide accurate and truthful information. In case of modification of the information provided, the User commits himself to modify the data registered on his account.
The User must create a password when registering on the Application. This password is personal and confidential. It can be changed by the User in his account settings. The User’s identifier is the email address communicated to the Center for the creation of his account.
The User is solely responsible for his 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 User shall notify the Company as soon as possible. The Company will then deactivate the User’s account and send the User a link to reset his password.
4.3. Availability of the Application
The Company makes every effort to provide Users 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 or data that may disrupt the operation of the system 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 (including problem on the User’s equipment, technical hazard, disruption of the Internet network …).
Maintenance interventions may be carried out without prior notice to the User.
THE UTILIZER ACKNOWLEDGES THAT THE‘OBLIGATION OF THE SS OBLIGATION WITH RESPECT TO THE AVAILABILITY OF THE‘APPLICATION IS A SIMPLE OBLIGATION OF MEANS.
4.4. Unsubscribe from the Application
The User account is created on the Application for an indefinite period. The User may unsubscribe from the Application at any time by deleting his account by clicking on the ”
“in the Application.
The unsubscription is effective as soon as the Company processes the request. The User acknowledges that unsubscribing from the Application will result in the deletion of all data and content on the Application, except for data that must be kept under a legal obligation to retain or for evidentiary purposes.
The User may, however, create a new account at any time by repeating the registration process on the Application.
The Company reserves the right to suspend or terminate a User’s personal account in the event of a breach by the User of its obligations under Articles 5, 6, 7, 8.1 and 12 of these General Terms and Conditions, after sending a formal notice by registered mail with acknowledgement of receipt, which has remained without effect for eight (8) calendar days after its receipt.
Termination results in the User’s deregistration from the Application.
ARTICLE 5 – REALISATION OF‘A BALANCE SHEET
The User can carry out an assessment by means of questionnaires that will be sent to him/her by the Center via the Application in order to enable the latter to adapt the services offered.
IT IS EXPRESSLY REMINDED TO THE‘UTHE USE OF CRYOTHERAPY FOR THERAPEUTIC PURPOSES BY MEANS OF MEDICAL DEVICES CONSTITUTE MEDICAL ACTS, IN ACCORDANCE WITH THE‘ARTICLE 2, 4° OF L‘ARRETE OF 6 JANUARY 1962, THAT CAN ONLY BE PERFORMED BY DOCTORS OF MEDICINE (ARTICLE L. 4161-1 FROM CODE DE LA SANTÉ PUBLIQUE) OR MASSEURS–KINESITHERAPISTS (ARTICLE R. 4321-7 FROM CODE DE LA SANTÉ PUBLIQUE). EN CONSEQUENCE, ONLY THE CENTRES DULY AUTHORIZED IN ACCORDANCE WITH THE ABOVE PROVISIONS–WILL BE ABLE TO MAKE AVAILABLE TO THE‘UTILIZER OF CARE PROTOCOLS AND HEALTH ASSESSMENTS.
The Company does not check the accuracy or completeness of the data and information provided by the User through the Application.
The User is solely responsible for the data he or she provides to the Center through the Application. He/she acknowledges that this data and information may impact his/her care by the Center.
In particular, the User agrees to disclose any pathology, symptoms, and more generally, any information related to his/her health condition that could impact his/her treatment by the Center or that could constitute a contraindication to whole body cryotherapy. In this regard, the Center reserves the right to require a medical certificate of no contraindication
indication and/or discretionary refusal to perform the services. The User is expressly informed that in case of doubt, he/she must consult his/her attending physician to ensure his/her state of health and his/her aptitude for the practice of whole body cryotherapy.
The Company shall not be liable for any inaccurate information affecting the treatment by the Center or for any complications arising from a false or erroneous declaration by the User.
ARTICLE 6 – ACCESS TOU DATA‘UTILISATOR
The Application allows the User to access certain data such as: – The history of reservations and treatments at the Center; – His/her personal data;
– His balance sheets ;
– His bills.
The User can access this data at any time by logging into his personal account. He/she can also modify the information he/she has entered from the Application.
ARTICLE 7 – CEGISTRATION SCHEDULE
The Application gives Users access to a reservation calendar allowing them to book the services offered by their Center, and in particular their whole body cryotherapy sessions.
The reservation is confirmed by the User by “double clicking”. The “double click” constitutes an electronic signature of equivalent value between the User and the Center as a handwritten signature.
- The User consults the sessions offered on the Application by the Center. 2. The User chooses the session(s) of his/her choice by selecting it (them). 3. For any difficulties encountered or for any questions, the User may contact the Center’s customer service department.
- The User checks his reservations and validates his order (1st click).
- The User fills in the compulsory information following the indications that appear on the screen, he/she accepts the present General Conditions and the general conditions of the Center, if applicable, by ticking the relevant boxes.
- The User proceeds to the validation of his reservation (2ndth click)
- The confirmation of the User’s reservation will be accessible from his account on the Application.
SUBJECT TO THE PROVISIONS APPLICABLE TO DISTANCE CONTRACTS CONCLUDED BY CONSUMERS (RIGHT OF WITHDRAWAL) OR OF PARTICULAR STIPULATIONS, The confirmation of the reservation expresses the definitive acceptance of the User on the prices and characteristics of the reservations he/she makes.
Upon confirmation of the reservation, the User will receive a summary of his reservation on his account on the Application. He will find the history and the follow-up of his reservations in his personal space on the Application.
The computerized registers, kept in the Company’s computer systems under reasonable security conditions, shall be considered as proof of the reservations made through the Application.
It is expressly agreed that, except in the event of an obvious error on the part of the Company, the data stored in its information system shall have evidential value with respect to reservations made by the User on the Application.
Invoices for booked sessions are available on the User’s personal space on the Application.
7.2. Course of the service
IT IS EXPRESSLY STATED THAT THE SOCIETE N‘WILL NEVER BE A SERVICE PROVIDER IF‘S SERVICES BOOKED THROUGH THE‘APPLICATION. CHE SERVICES ARE THE SOLE RESPONSIBILITY AND COMPETENCE OF CENTRE.
The services provided by the Center are subject to the Center’s terms and conditions of service, which the User must expressly accept in order to validate his/her reservations.
7.3. Cancellation and modification of reservations
The services booked are subject to the cancellation and modification conditions of the Center.
ARTICLE 8 – OBLIGATIONS AND RESPONSIBILITY OF THE PARTIES
8.1. Obligations and responsibility of the User
The User is solely responsible for the proper use of the Application. The user agrees not to use it for professional or commercial purposes.
The user agrees not to provide false data, in particular false names, addresses and/or contact information. He also undertakes to reveal any data relating to his state of health which could impact the performance of the services.
The User also agrees to honor his commitments by attending the sessions booked through the Application, or failing that, to promptly cancel said session.
The User is solely responsible for his behavior during the sessions. It is the responsibility of the student to be punctual and respectful of the Center’s staff. He/she shall also comply with all of the Center’s recommendations and instructions during the performance of the services.
The User is also solely responsible for the information provided to the Center through the Application.
8.2. Obligations and liability of the Company
The Company shall take all necessary care and diligence to ensure the proper performance of its obligations. It can be exonerated from all or part of its responsibility by proving that the non-performance or poor performance of its obligations is attributable either to the User, or to an unforeseeable and insurmountable event, or to a third party, or to a case of force majeure.
THE UACKNOWLEDGES THAT THE SERVICES OFFERED BY THE SOCIETE ARE LIMITED TO THE PROVISION OF THE‘APPLICATION. LA SOCIETE DOES NOT PROVIDE ANY OF THE SERVICES OFFERED ON THE‘APPLICATION BY THE CENTRES.
LE CIS AND REMAINS SOLELY RESPONSIBLE FOR THE PERFORMANCE OF THE SERVICES TO THE‘UTHE CONTRACT BETWEEN THE USER AND THE COMPANY. CBETWEEN AND‘UTILISATOR, TO WHICH THE SOCIETE N‘IS NOT GONE.
PAR CONSEQUENT, THE RESPONSIBILITY OF THE SOCIETE IS LIMITED TO THE‘ACCESSIBILITY, TO THE CONTENT, A L‘S USE AND PROPER OPERATION.‘APPLICATION.
ARTICLE 9 – RIGHT OF WITHDRAWAL
The present clauses relating to the right of withdrawal are only applicable to reservations for services on the Application.
9.1. Deadlines and terms
For contracts concluded at a distance, the Company, in accordance with the regulations in force, informs the User, who is a consumer within the meaning of the applicable regulations, that he/she has the possibility of withdrawing from the contract without giving any reason within fourteen (14) days from the conclusion of the contract for the provision of services.
To exercise the right of withdrawal, the User must notify the Center of his/her decision to withdraw from the contract by means of an unambiguous statement (e.g., letter sent by mail, fax or e-mail). The User may use the withdrawal form attached hereto but it is not mandatory. If the User exercises his right of withdrawal by e-mail, the Center will immediately send him an acknowledgement of receipt of the withdrawal on a durable medium.
In order for the withdrawal period to be respected, it is sufficient for the User to send his communication concerning the exercise of the right of withdrawal before the expiration of the withdrawal period. This right of withdrawal is exercised without penalty.
9.2. Repayment terms
In the event of withdrawal by the User, the Center will refund all payments received from the User, without undue delay, and in any event, no later than fourteen (14) days from the day it is informed of the User’s decision to withdraw.
9.3. Waiver of the right of withdrawal
In accordance with article L. 221-25 of the French Consumer Code, the execution of the services may begin during the withdrawal period if the User expressly requests it. By making a reservation before the end of the above withdrawal period, the User expressly acknowledges the loss of his right of withdrawal.
The User who has exercised his right of withdrawal from a contract for the provision of services whose performance has begun, at his express request, before the end of the withdrawal period shall pay the professional an amount corresponding to the service provided until the communication of his decision to withdraw; this amount is proportionate to the total price of the service provided.
9.4. Exclusion of the right of withdrawal
The User is expressly informed that he/she does not benefit from any legal right of withdrawal with regard to contracts concerning health services provided by health professionals to patients to assess, maintain or restore their state of health, including the prescription, delivery and supply of medicines and medical devices, in accordance with Article L. 221-2 of the French Consumer Code.
Consequently, when the cryotherapy services are delivered by a Center authorized to perform medical acts, no right of withdrawal is applicable, unless a more advantageous condition is granted by said Center.
ARTICLE 10 – PROTECTION OF PERSONAL DATA
In the context of the use of the Application by the User, the Company is required to process personal data of the User. 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 any page of the Application.
ARTICLE 11 – INTELLECTUAL PROPERTY
The Company grants the User a personal, non-exclusive, non-transferable right to use the Application in accordance with its purpose and for an indefinite period of time.
It is specified that the User does not acquire any property right on the Application (including all software included or integrated in it) and its documentation, on 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.
Consequently, it is forbidden to the User, directly or indirectly, in particular to proceed to :
– 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 User may 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.
ARTICLE 12 – LIENS TO‘OTHER SITES
The Application contains links to third-party websites, including the Centers’ websites and social networks. These sites are not under the control of the Company, which is not responsible for their content, nor in the event of any technical problem and/or security breach arising from a hyperlink.
ARTICLE 13 – INTEGRALITY
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.
The User acknowledges and agrees that the contract concluded when ordering services is not binding on the Company and that the Company shall not be bound by any of the clauses of said contract.
ARTICLE 14 – NULLITY
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.
ARTICLE 15 – RENONCIATION
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.
ARTICLE 16 – ABJECTIVE LAW – LANGUISH
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.
ARTICLE 17 – DOMICILIATION
The parties elect domicile at the addresses indicated at the time of registration for the User and at the address of its head office for the Company.
ARTICLE 18 – LITIGES
EN THE EVENT OF A DISPUTE CONCERNING ONLY THE SERVICES OFFERED BY THE SOCIETE FOR ITS ACCOUNT AND IN ITS NAME, ANY CLAIM SHOULD BE ADDRESSED TO THE SOCIETE BY REGISTERED MAIL WITH RETURN RECEIPT.
EN CASE D‘FAILURE OF THE CLAIM WITHIN THIRTY DAYS (30) DAYS, L‘UTHE USER IS INFORMED THAT‘IT CAN RESORT TO CONVENTIONAL MEDIATION, OR ANY ALTERNATIVE DISPUTE RESOLUTION PROCESS (CONCILIATION, FOR EXAMPLE) IN CASE OF DISPUTE.
A THIS EFFECT, L‘UTILIZER MUST REFER TO THE FOLLOWING MEDIATOR :
A DETERMINE. CI–BELOW THE LIST OF MEDIATORS APPROVED BY THE‘ETAT : HTTPS://WWW.ECONOMY.GOUV.EN/MEDIATION–CONSO/MEDIATORS–REFERENCES
In particular, the dispute may not be considered by the mediator if:
– The User does not justify having tried, beforehand, to resolve his dispute directly with the Company by a written complaint;
– the request is manifestly unfounded or abusive;
– the dispute has been previously considered or is being considered by another mediator or by a court;
– the User has submitted his request to the mediator within a period of more than one year from his written complaint to the Company;
– the dispute does not fall within its jurisdiction.
THE UTILIZER MAY ALSO USE THE ONLINE DISPUTE RESOLUTION PLATFORM ONLINE DISPUTE RESOLUTION PLATFORM OF THE COMMISSION EUROPEAN COMMISSION.
Failing this, all disputes to which the present General Conditions could give rise, concerning their validity, interpretation, execution, termination, consequences and consequences will be submitted to the competent French courts.