CONDITIONS GÉNÉRALES D‘USE OF THE‘APPLICATION CRYOAPP
ARTICLE 1 – IEGAL INFORMATION
Application Editor:
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 : contact@cryo-app.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
Insurer ONLYNNOV
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 ”
the Application
“), by consumer users (hereinafter ”
the Users”.
).
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 ”
the Center
“) 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 ”
Account deletion
“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
7.1. Reservations
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.
Procedure:
- 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 vali