Subscriber terms and conditions of use

Update Date : 23/06/2019

PRIOR INFORMATION


BEFORE CHECKING THE BOX "I accept the general conditions of use (after reading them by clicking on the link)" AND CLICKING ON THE BUTTON "CREATE MY ACCOUNT" YOU MUST READ IT CAREFULLY IN ITS ENTIRETY.

WE DRAW YOUR ATTENTION TO THE FACT THAT CERTAIN TERMS USED FROM THE BEGINNING OF THESE TCU ARE THE SUBJECT OF A PRECISE DEFINITION IN THE BODY OF THIS DOCUMENT, IN PARTICULAR IN THE ARTICLE "DEFINITION".

THE DIFFERENT STEPS TO FOLLOW TO CONCLUDE THESE TCU ("TCU") ARE AS FOLLOWS,

  • STEP 1) ACCESS THE WEBSITE WWW.POST-OPERATIVE-CHRONICLE-PAIN.COM:

  • STEP 2) CLICK ON "REGISTER" AND THEN ON SUBSCRIBER

  • STEP 3) ENTER THE FOLLOWING FIELDS DIRECTLY:

    • NAME

    • FORNAME

    • EMAIL ADDRESS

    • EMAIL ADDRESS CONFIRMATION

    • PASSWORD

    • CONFIRMING THE PASSWORD

    • CHECK THE BOX: I ACCEPT THE GENERAL CONDITIONS OF USE AFTER READING THEM BY CLICKING ON LINK

    • CHECK THE BOX: I WAIVE MY RIGHT OF WITHDRAWAL IN RETURN FOR IMMEDIATE ACCESS TO THE CONTENTS AND SERVICES OF THE SITE AFTER VALIDATION OF MY PAYMENT.



  • STEP 4) VALIDATE THE SUBSCRIPTION SUBSCRIPTION
    STEP 5) MAKE THE PAYMENT ONLINE


THE TECHNICAL MEANS ALLOWING, BEFORE THE CONCLUSION OF THESE TCU, TO IDENTIFY THE ERRORS MADE IN THE DATA ENTRY AND TO CORRECT THEM CONSIST IN: CHECK THE REGISTRATION FORM BEFORE ITS VALIDATION BY CLICKING ON THE BUTTON "CREATE MY ACCOUNT".

AFTER READING AND ACCEPTING THE TCU, YOU ARE A "SUBSCRIBED USER".

THE LANGUAGE PROPOSED FOR THE CONCLUSION OF THESE TCU IS ENGLISH.

THE TERMS OF ARCHIVING THESE TCU ARE AS FOLLOWS: THE TCU ARE ARCHIVED IN OVH'S SERVERS, 2 rue Kellermann - 59100 Roubaix, France. THE CONDITIONS OF ACCESS TO THE ARCHIVED CONTRACT ARE AS FOLLOWS: THE TCU ARE ACCESSIBLE IN A SECTION OF THE WEBSITE CALLED GENERAL TERMS OF USE/SUB-SECTION TCU SUBSCRIBERS.

AS SOON AS THE SUBSCRIBED USER ACCEPTS THESE TCU, HE GIVES HIS PRIOR AND EXPRESS CONSENT TO THESE TCU BEGIN TO BE EXECUTED IMMEDIATELY BY THE COMPANY BYG, THE LATTER THUS GIVING THE SUBSCRIBED USER IMMEDIATE ACCESS TO DIGITAL CONTENT NOT PROVIDED ON A MATERIAL MEDIUM. CONSEQUENTLY, THE SUBSCRIBED USER EXPRESSLY WAIVES TO EXERCISE HIS RIGHT OF WITHDRAWAL.

BYG IS AN SARL, WITH THE ACTIVITY OF OPERATING THE SITE WWW.POST-OPERATIVE-CHRONIC-PAIN.COM

BYG HAS DESIGNED AND OPERATES A WWW.POST-OPERATIVE-CHRONICLE-PAIN.COM WEBSITE, OFFERING SERVICES WITH THE ESSENTIAL CHARACTERISTIC OF ALLOWING USERS TO ACCESS VIA A PRIVATE SPACE FEATURES GIVING ACCESS TO CONTENT IN THE FORM OF ARTICLES RELATING TO SYNTHETIC INFORMATION ON CHRONIC PAIN AND ITS TREATMENTS.

THE SERVICES ARE PROVIDED EXCLUSIVELY IN ELECTRONIC FORM, VIA THE WWW.POST-OPERATIVE-CHRONIC-PAIN.COM WEBSITE.

THE TOTAL MONTHLY PRICE OF THE SERVICES IS 3.60 EUROS INCLUDING VAT PER MONTH. THE FINANCIAL CONDITIONS ARE DETAILED IN APPENDIX A.

THE ACCEPTED MEANS OF PAYMENT ARE THE CREDIT CARD.

THESE T ARE CONCLUDED FOR AN INDEFINITE PERIOD. THE MINIMUM DURATION OF COMPLIANCE WITH THE OBLIGATIONCUS BY THE SUBSCRIBED USER IS THE DURATION BETWEEN THE DATE OF THE ORDER, UNTIL THE END OF THE MONTH FOLLOWING THE CURRENT MONTH ON THE DATE OF THE ORDER.

WITH REGARD TO TERMINATION, THE SUBSCRIBED USER IS FREE TO TERMINATE THESE TCU AT ANY TIME, BY MAKING THIS REQUEST VIA THE "CONTACT" SECTION LOCATED AT THE BOTTOM OF THE WEBSITE.

THE TERMINATION TAKES EFFECT AT THE END OF THE END OF THE MONTH FOLLOWING THE CURRENT MONTH ON THE DATE OF THE REQUEST FOR TERMINATION.

IN THE EVENT OF A DISPUTE, THE AMICABLE RESOLUTION OF THE DISPUTE IS PRIVILEGED. THE SUBSCRIBED USER IS INFORMED THAT HE MAY RESORT TO ANY CONVENTIONAL MEDIATION PROCEDURE OR ANY OTHER ALTERNATIVE METHOD OF SETTLING DISPUTES.

FOR ANY COMPLAINT, THE SUBSCRIBER USER CAN CONTACT THE COMPANY BYG:
- VIA THE "CONTACT" SECTION LOCATED AT THE BOTTOM OF ALL PAGES OF THE WEBSITE,
- BY MAIL, TO THE ADDRESS OF ITS REGISTERED OFFICE MENTIONED ABOVE.

THE WWW.POST-OPERATIVE-CHRONIC-PAIN.COM WEBSITE IS ACCESSIBLE FROM THE FOLLOWING EQUIPMENT: COMPUTER, TABLET OR SMARTPHONE, SUBJECT TO HAVING INTERNET ACCESS, AND IN PARTICULAR THE PREREQUISITES DEFINED IN THE ARTICLE "WHAT ARE THE PREREQUISITES FOR THE USE OF THE SERVICES?".

ON THE OTHER HAND, THE SUBSCRIBED USER IS REMINDED THAT HE RETAINS THE COST OF USING THE REMOTE COMMUNICATION TECHNOLOGY OF HIS MEANS OF ACCESS (TELEPHONE, COMPUTER, DIGITAL TABLET), AS FIXED BY HIS TELEPHONE AND / OR INTERNET SUBSCRIPTION.

THE TERMS OF EXECUTION OF THE TCU BYG ARE AS FOLLOWS: THE SERVICES ARE PROVIDED VIA THE PRIVATE AREA ACCESSIBLE FROM THE WEBSITE WWW.POST-OPERATIVE-CHRONIC-PAIN.COM AFTER ENTERING THE USERNAME AND PASSWORD.

THE LAW APPLICABLE TO THESE TCU IS FRENCH LAW, THE COMPETENT JURISDICTION BEING EITHER ONE OF THE JURISDICTIONS TERRITORIALLY COMPETENT UNDER THE CODE OF CIVIL PROCEDURE, OR THE JURISDICTION OF THE PLACE WHERE THE SUBSCRIBER USER REMAINED AT THE TIME OF THE CONCLUSION OF THE CONTRACT OR THE OCCURRENCE OF THE HARMFUL EVEN

THESE TCU ARE CONCLUDED BETWEEN YOU AND BYG, WHICH IS:
- A LIMITED LIABILITY COMPANY
- TO THE CAPITAL OF ONE THOUSAND EUROS (€1,000.00),
- WHOSE HEAD OFFICE IS LOCATED AT 10 ROUTE DE MARON, 33370 FARGUES SAINT HILAIRE - FRANCE,
- REGISTERED AT THE BORDEAUX TRADE AND COMPANY UNDER THE NUMBER 808 167 100,
- OF WHICH VAT NUMBER IS FR 86 808167100
- WHOSE EMAIL ADDRESS IS: contact@douleurs-chroniques.fr,
- WHOSE TELEPHONE IS: 0646856075,

    REPRESENTED BY ITS MANAGER.                                                               

    FOR ANY QUESTION FROM THE SUBSCRIBED USER REGARDING THESE TCS, HE IS INVITED TO ASK HIS QUESTION BY SENDING A MESSAGE VIA THE "CONTACT" SECTION LOCATED AT THE BOTTOM OF THE WEBSITE.

BY CLICKING ON THE ICON "I HAVE READ AND ACCEPT THE TCU":

- YOU GUARANTEE TO BE A NATURAL PERSON AT LEAST EIGHTEEN YEARS OLD WITH FULL LEGAL CAPACITY TO CONCLUDE THESE TCU
- AND EXPRESS YOUR CONSENT TO BECOME A "SUBSCRIBED USER" AS WELL AS YOUR AGREEMENT ON THE ENTIRE CONTENT OF THESE GENERAL TERMS AND CONDITIONS OF SUBSCRIBED USER ("TCU"): YOU OBLIGE YOURSELF WITH REGARD TO THE COMPANY BYG, YOUR CONTRACTING PARTNER, TO RESPECT ALL THE TERMS WITHOUT ANY RESERVATION.
- YOU WARRANT THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS AND CONDITIONS ("TCU"),

   SUMMARY


WARNING


Article 1.    Definitions    

Article 2.    What is the purpose of the Tcu?   

Article 3.    For what period are the Tcu concluded?    

Article 4.    What are the prerequisites for using the Services?  

Have the appropriate skills and means of access
Comply with regulations

Article 5.    What are BYG's obligations with respect to the Services provided?    

Article 6.    How do I access the Services?                                                                                                              

Article 7.    What are the Services intended for?                                                                                                             

Article 8.    What are the obligations of the Subscriber User?                                                      

Article 9.    What uses of the Services are prohibited?                                                                   

  1. Violation of a legal, regulatory or contractual provision

  2. Infringement of the rights of others
    Prohibited behaviour

  3. Misuse of the Services

  4. Interference with the operation of the Website and/or services and security


Article 10. How are the Website and its component elements protected in terms of intellectual property?
Protection of the Website and its component elements ("Protected Elements")

  1. Protection of databases

  2. Protection of Communication Tools


Article 11. In what cases are the TCU terminated or suspended?                                      

  1. Termination by the Subscribed User

  2. Termination by BYG

  3. Effects of termination regardless of the originator

  4. Effects of suspension       


Article 12.    What is the scope of responsibility of BYG?                              

Article 13.    What are byg's disclaimers and warranties?         

Article 14.    Final stipulations                                                                                                 

  1. Severability

  2. force majeure

  3. Modification of the Terms

  4. Evidenta agreement

  5. title

  6. tolerance

  7. Assignment/Transfer of these TCU by BYG


APPENDIX A: FINANCIAL CONDITIONS                                                                             

Article 15.    Reminder of the Total Services Price                                                                             

Article 16.    Terms and conditions for invoicing the Total Price                                                                     

Article 17.    Terms of payment of the Total Prize                                                                         

Article 18.    Financial consequences of the termination of the TCU                                                 

WARNING


THE SUBSCRIBED USER IS INFORMED THAT THE CONSULTATION OF THE WEBSITE CANNOT REPLACE THE CONSULTATION OF A DOCTOR, THE ONLY ONE AUTHORIZED TO ESTABLISH A MEDICAL DIAGNOSIS, DEFINE A THERAPY AND PRESCRIBE A TREATMENT ADAPTED TO CHRONIC PAIN.
THE ARTICLES PUBLISHED BY BYG DO NOT CONSTITUTE MEDICAL OPINIONS OR MEDICAL CONSULTATIONS.
THE SUBSCRIBED USER IS INVITED TO CONTACT HIS DOCTOR TREATING FOR ANY MEDICAL QUESTION RELATING TO HIS CHRONIC PAIN.
IN ADDITION, IN CASE OF EMERGENCY, THE SUBSCRIBER USER IS REMINDED OF THE EMERGENCY TELEPHONE NUMBERS .
THE SUBSCRIBED USER ACKNOWLEDGES AND GUARANTEES THAT HE USES THE WEBSITE, ITS USER AREA, THE SERVICES FOR HIS OWN NEEDS IN THE CONTEXT OF A STRICTLY PERSONAL, PRIVATE AND NON-COMMERCIAL USE, WHICH HE EXPRESSLY GUARANTEES.
THE SUBSCRIBED USER ACKNOWLEDGES AND GUARANTEES AT ALL TIMES, DURING THE ENTIRE PERIOD OF EXECUTION OF THESE T&CS, THAT HE HAS HIS FULL LEGAL CAPACITY TO CONCLUDE THESE TCU.
THE SUBSCRIBED USER ACKNOWLEDGES THAT THE WEBSITE CONTAINS A SPACE EXCLUSIVELY INTENDED FOR MEDICAL USERS, GIVING ACCESS TO ARTICLES AND SERVICES TO WHICH THE SUBSCRIBED USER DOES NOT HAVE ACCESS.
THESE ARTICLES ARE BASED ON UNFINISHED RESEARCH AND NOT UNANIMOUSLY RECOGNIZED BY THE SCIENTIFIC AND MEDICAL COMMUNITY, THEY ARE RESERVED FOR AN AUDIENCE OF DOCTORS OF MEDICINE.

THE SUBSCRIBED USER IS PROHIBITED FROM ATTEMPTING TO ACCESS OR ACCESS THIS SPACE RESERVED FOR DOCTORS, AND THE SERVICES AND ARTICLES CONTAINED THEREIN.

Article 1.     Definitions


In these TCU, each of the following terms is understood, with capital letters, within the meaning of the following definition:

  • The term "Mobile Device" means all electronic communication equipment.

  • The term "Article" refers to any content published by BYG, relating to chronic pain and its treatments.

  • The term "Database(s)" means all databases and sub-databases accessible via the Website, and in particular: the Articles Database.

  • The abbreviations "TCU" refer to this contract, governing the contractual relationship between THE BYG company and the Subscriber User.

  • The terms "Design" and "Model" refer to all designs appearing on the Website and having been the subject or subject, before or during the period of execution of these TCU, of a deposit or registration as:

    • design,

    • registered with a registry:

      • national

      • international

      • communal

      • registration of designs.





  • The term "User Area" refers to the private part of the Website, to which the Subscribed User accesses in particular after entering his username and password. The Subscriber User's User Area allows the latter in particular to access the Services as defined in the Article "What are the obligations of THE BYG company with regard to the Services provided?" (Article 5).

  • The term "Trademark" means all distinctive signs, of any nature whatsoever, which have been the subject or are the subject, before or during the entire period of execution of these TCU, of a filing or registration as a trademark(s) in any form whatsoever and in particular as:

    • mark(s)

      • nominative(s),

      • figurative(s),

      • semi-figurative(s), etc.



    • registered with an Office

      • national

      • international

      • Community trade mark registration





  • The term "Communication Tools" refers to all elements:

    • enabling identification, in particular with the public,

    • and which are protected by one or more property rights of any kind whatsoever,

    • and in particular one or more intellectual property rights,
      appearing on the Websit



  • Communication Tools include:

    • Trademarks,

    • Designs,

    • works in any form whatsoever,

    • as well as: trade names, graphic charters, and colors, logos, signs, slogans, domain names, without this list being exhaustive.



  • The term "Means of Access" means all means of computer and electronic communications allowing the Subscribed User to access the Services, such as a computer, a tablet, a Mobile Device.

  • The term "Work" means all original intellectual creations protected by copyright and appearing on the Website.

  • The term "Services" refers to the services as defined in the Article "What are the obligations of BYG with respect to the Services provided?". (Article 5)

  • The term "Website" refers to the site accessible at the url address: http://www.post-operative-chronic-pain.com including its public part as well as its private areas, in particular the User Area of the Subscribed User, and the Space reserved for the Doctor User (inaccessible to the Subscribed User)

  • The term "Subscriber User" refers to the person with whom BYG concludes the TCU. The Subscribed User is a natural person using the Services for his own needs in the context of a strictly personal and non-commercial use.

  • The term "Dispute" is understood in a broad sense and includes any claim, dispute.


Article 2.     What is the purpose of the TCU?


The purpose of these TCU is to define the conditions under which:

  • BYG makes available to the Subscriber User, as part of an obligation of means, the Services as defined in the Article "What are the obligations of THE BYG company with regard to the Services provided?" (Article 5)

  • as well as the conditions under which the Subscriber User is authorized to use these Services.


BYG grants the Subscriber User non-exclusive access to the Services, provided that the latter complies with the stipulations defined in these TCU.

Article 3.     For what period are the TCU concluded?


These TCU come into force and become enforceable against the Subscribed User upon their acceptance by the latter. This acceptance is made by clicking on "I accept the general conditions of use".

These TCU are concluded for an indefinite period.

Article 4.     What are the prerequisites for using the Services?


1- Have the competence and the adapted Means of Access


The Subscribed User acknowledges having the competence and means of access necessary and adapted to access and use the Services. It acknowledges having the minimum hardware and software requirements, and has in particular on its Means of Access the most recent version of internet browser. It also acknowledges having secured the computer configuration it uses, in particular by equipping itself with an anti-virus.

The Subscribed User does his personal business:

  • the establishment of means of access,

  • and the knowledge necessary for the use of its Means of Access, as well as the Internet, the Website, the User Area and more generally the Services.


2- Comply with regulations


Subscribed User undertakes to comply with all laws, regulations and procedures that are binding on him, both with regard to access to the Website, and the use of the Services.

Article 5.     What are BYG's obligations with respect to the Services provided?


The COMPANY BYG makes available to the Subscribed User, as part of an obligation of means, the services (hereinafter the "Services"), consisting of access to the following functionalities via its User Space:

  • features providing access to content in the form of Articles reporting synthetic information on chronic pain and its treatments,

  • eatures to manage the subscriber User's personal data, for example: to access, modify, delete his personal data (surname, first name, username, password).


BYG makes its best efforts to give the Subscribed User access to the Website and the Services 24 hours a day, 7 days a week, except in the case of:

  • force majeure as defined in the Article "Force majeure",

  • unavailability due to maintenance including corrective or scalable maintenance. There is no scheduled regular maintenance hindering the use of the site in its usual use.

  • unforeseeable and insurmountable fact of a third party to these TCU,

  • fact attributable to the Subscriber User.


The Services are provided under the financial conditions set out in Appendix A "Financial Conditions".

Article 6.     How do I access the Services?".


The Subscribed User accesses the Services through his Means of Access, via his User Area from the Website, via the "Connection" section, after the Subscriber User has entered:

  • an identifier,

  • and a password,


as it has previously defined them when creating its User Area via the Website.

Article 7.     What are the Services intended for?


The Services are intended to be used only by the Subscribed User, in order to allow him to access Articles, and this, for his own needs in the context of a strictly personal, private and non-commercial use.

The Services are intended to serve a lawful purpose and not harmful to a third party, which the Subscribed User acknowledges and guarantees.

Article 8.     What are the obligations of the Subscriber User?


The Subscribed User undertakes, at all times, throughout the duration of these TCU, to comply with all the stipulations contained in these TCU, in particular this Article "What are the obligations of the Subscriber User?" and the Article "What uses of the Services are prohibited?". (Article 9)

Consequently, the Subscribed User undertakes, at any time, throughout the duration of these TCU, as part of an obligation of result, to comply with the following rules of conduct (hereinafter "Rules of Conduct"), in connection with the Services and the Website:

  • Compliance with the laws and regulations applicable to the Subscriber User,

  • Sincerity of the Subscriber User with regard to THE BYG company, in particular regarding the personal data that he communicates in the context of the Services.

  • Confidentiality of the username and password of the Subscribed User giving access to his User Area,

  • Loyalty and good faith of the Subscriber User towards the company BYG, and more generally any third party,

  • Respect for property rights, and in particular intellectual property rights concerning, for example, works, trademarks, designs and models belonging to THE COMPANY BYG,


The Subscribed User guarantees compliance with these TCU, and in particular compliance with the "Warning" Section, the Article "What are the obligations of the Subscriber User?" and the Article "What uses of the Services are prohibited?", throughout the period of execution of these TCU. (Articles 8 and 9)

Article 9.     What uses of the Services are prohibited?


In general, the Subscriber User is prohibited in any way whatsoever from being or attempting to be the author of a positive act, or an omission, in any form whatsoever, likely to cause or causing harm, of any nature whatsoever, to the COMPANY BYG.

1. Violation of a legal, regulatory, contractual provision


In the context of the use of the Services, the Subscriber User is prohibited from:

  • violate, in any way whatsoever, any legal or regulatory provision applicable to it,

  • violate, in any way whatsoever, a contractual stipulation that is applicable to it, under these TCU.:


2. Infringement of the rights of others


In the context of the use of the Services, the Subscriber User is prohibited, in any way whatsoever, from:

  • attempt to harm, or harm, attempt to harm or harm

    • to BYG

    • and/or more generally to a third party (including another Subscribed User)




in any way whatsoever and in particular via the Internet (e.g. via: social networks, the Website, etc.), for example by committing acts of unfair competition, acts of parasitism, acts of damage to reputation or image, acts of denigration, acts of counterfeiting, acts infringing privacy ,

  • commit or attempt to commit one or more criminal offences, in particular without this list being exhaustive: counterfeiting, identity theft, forgery and/or use of forgeries, etc.

  • participate or attempt to participate in the commission of one or more criminal offence(s),

  • transmit, upload to the Website, display, in any way whatsoever, and by any technological means whatsoever, illegal, fraudulent, harmful, abusive, threatening, abusive, abusive, harassing, denigrating, unfair, criminal, defamatory, racist, anti-Semitic, vulgar, obscene, revisionist content, homophobic, insulting, pornographic, pedophile, contrary to good morals, violating a person's privacy, odious or derogatory or shocking from a racial, ethnic, religious or other point of view,


3. Prohibited Conduct


In the context of the use of the Services, the Subscriber User is prohibited, in any way whatsoever, from:

  • breach of the Rules of Conduct,

  • miss the "Warnings" section, (in particular attempting to access or access the Space reserved for Doctor Users),

  • impersonate a real or fictitious third party,

  • lying about one's identity,

  • communicate to a third party his username and password giving access to his User Space.


4. Diversion of the Services


In the context of the use of the Services, the Subscriber User is prohibited, in any way whatsoever, from:

  • divert or attempt to divert all or part of: its User Space, the Website, the Services, or any other element to which the Subscribed User would have access, for purposes other than those for which they are intended,

  • attempt to implement or implement any action, in any form whatsoever, of a fraudulent and/or unlawful nature, for example, attempting to make or make, directly or indirectly, fraudulent and/or unlawful use of all or part of: its User Space, the Website, the Services, or any other element to which the Subscribed User would have access,

  • give access to a third party to all or part of: its User Area, the Website, the Services, or any other element to which the Subscribed User would have access,

  • exploit, market all or part of: its User Space, the Website, the Services, or any other element to which the Subscribed User would have access, in any way whatsoever, for example in the form of a license, rental, or resale,

  • set up a hyperlink to the Website without the prior written consent of BYG,

  • attempt to copy or copy, in any way whatsoever, without the prior written authorization of BYG, all or part of the Website (in particular by suction technique), or any other element to which the Subscribed User would have access,

  • carry out an activity or incite a third party to carry out an illegal activity or any other activity that would infringe the rights of BYG, and/or its service providers, and/or any Subscriber User, and/or more generally any other third party,

  • communicate to THE BYG company false, usurped, erroneous, undiscounted, outdated contact details, by any means whatsoever, and in particular via the registration form on the Internal Sitet.


5.      Interference with the operation of the Website and/or services and security


In the context of the Use of the Services, the Subscriber User is prohibited, in any way whatsoever, from:

  • attempt to implement or implement, in any form whatsoever, and whatever the technology used, any action of a malicious nature and/or presenting a risk to the operation and/or security of all or part of: its User Space, the Services, the Website, or any other element to which the Subscribed User would have access, for example:

    • attempt to violate or violate procedures, rules governing the operation of all or part of: the Website, its User Area, the Services, or any other element in connection with all or part of the Services, :

    • attempt to implement or implement any action that results in creating saturation, flooding the servers used in the context of the offer of the Services,

    • send to the Website, in any way whatsoever, and by any technological means whatsoever, any element containing: viruses, trojan horses, worms, or other spyware or malicious computer code, files or programs, for example designed to interrupt, destroy or limit the functionality of any computer software or hardware or any telecommunications equipment involved in the operation of all or part of it : the Website, its User Area, the Services, any other element related to all or part of the Services,



  • try to harm or impair the use of all or part of: the Website, its User Area, the Services, any other element related to all or part of the Services, by a third party, (ex: in particular another User),

  • attempt to harm or prejudice the services provided by one or more of the service providers of THE BYG company, involved in the operation of all or part of the Website, its User Area, the Services, any other element in connection with all or part of the Services,

  • attempt to probe, probe, attempt to test, test, the vulnerability of all or part of: the Website, its User Area, the Services, any other element related to all or part of the Services,

  • attempt to violate, violate security and/or authentication measures of all or part of: the Website, its User Area, the Services, any other element in connection with all or part of the Services,

  • attempt to access or access a space, data, programs, information, without being authorized by the company BYG.


The Subscribed User acknowledges that a violation of the Article "What are the obligations of the Subscriber User?" and the Article "What use of the Services are prohibited?" is likely to harm the COMPANY BYG, and more generally to all third parties concerned and to engage its responsibility.

Article 10. How are the Website and its component elements protected in terms of intellectual property?



  • Protection of the Website and its component elements ("Protected Elements")

    • General principle




The Subscribed User has chosen to contract with the company BYG because of the originality of its Website, and what they contain.
The Subscribed User therefore acknowledges that the following are protected by intellectual property rights, without this list being exhaustive:




  • the Website, including in particular:

    • its architecture,

    • its presentation,

    • its graphic charter



  • all that it contains, and in particular :

    • Articles

    • Software elements,

    • Databases, as well as their presentation, their structures, their filter systems, their data,

    • Works (texts, graphs, graphics, logos, drawings, images, sounds and music, etc.), in any

    • format whatsoever;

    • Trademarks, company names, trade names,

    • Designs.




The items listed above are hereinafter referred to as "Protected Items".
Protected Elements are, as the case may be, the exclusive property of BYG or a third party.

  • Bans


The Subscribed User is prohibited, without this list being exhaustive, in particular from:




  • reproduce, copy, modify, create a derivative work, assemble, recreate, distribute, present, represent, broadcast, publicly display, transfer, transmit, publish, sell, assign, sublicense, transfer, make available to a third party, market, in any way whatsoever, all or part of Protected Elements,

  • reverse, decompile, adapt, translate, arrange, disassemble or attempt in any way to discover the source code of Protected Elements,

  • modify, alter, all or part of Protected Elements for example in order to obtain unauthorized access to the Services and to access all or part of the Website by a means other than the connection interface created by THE COMPANY BYG for this purpose.

  • Protection of databases


The Databases are protected by copyright and database law, in particular as Protected Elements, as provided for in the paragraph "Protection of the Website and its component elements ("Protected Elements")" above of the Article "How are the Website and the elements composing it protected in terms of intellectual property?".

The Subscribed User acknowledges the extent of the investments made by BYG to develop its Databases, in particular its Article Database.

The Subscribed User acknowledges that THE BYG company had the initiative of the creation and development of its Databases.

The Subscribed User acknowledges that in addition to the quality of the company BYG as the author of Databases of an original nature, the latter has the status of producer of the databases and has the rights conferred on it in this respect by the Code of Intellectual Property.

THE BYG company prohibits the Subscriber User who accepts it:

  • - (i) the extraction, by permanent or temporary transfer of all or a qualitatively or quantitatively substantial part of the content of the Databases on another medium, by any means and in any form whatsoever,

  • - (ii) the re-use, by making available to the public all or a qualitatively or quantitatively substantial part of the content of its Databases, whatever their form,

  • - (iii) the repeated and systematic extraction or reuse of qualitatively or quantitatively in substantial parts of the content of the Databases beyond the normal conditions of use of these Databases.

  • Protection of Communication Tools


The Website contains Communication Tools belonging to BYG.

The Subscribed User acknowledges the rights of THE BYG company on its Communication Tools.

The Subscribed User acknowledges that the violation of the Articles entitled:

  • "Protection of the Website and its contents ("Protected Elements")",

  • and/or "Protection of Databases",

  • and/or "Protection of Communication Tools",


is likely to constitute (depending on the case), an infringement and /or an act of unfair competition and / or an act of parasitism causing a serious harm to the company BYG, in particular for example in terms of damage to the image and engages its responsibility.

Article 11. How are the personal data of the Subscriber User protected?


According to the Data Protection Act (France): "any information relating to an identified natural person or who can be identified, directly or indirectly, by reference to an identification number or to one or more elements specific to him constitutes personal data.".

Lors de son inscription au Site Internet, l’Utilisateur Abonné fournit les données suivantes : nom, prénom, profession, email, pseudo, mot de passe. Le formulaire précise le caractère obligatoire ou facultatif des réponses. L’absence de réponse à un champ marqué comme obligatoire empêche l’inscription au Site Internet et donc rend impossible l’accès aux Services.

This information is subject to computer processing whose purpose is to identify the Subscribed User, to allow the Subscriber User access to the Services and his User Area, and to carry out the operations relating to the management of the Subscriber User (contract, invoices, accounting, management of the User Area, management of complaints).

Within the meaning of the Data Protection Act (France), BYG is the data controller of personal data that it collects on the Website from the Subscribed User.

The recipients of the subscriber User's personal data are the BYG company and, where applicable, the service providers or subcontractors of the BYG company involved in the subscription payment process.

The Subscribed User benefits from the rights detailed within the Data Protection Act (France), which include the following rights: right to object, for legitimate reasons, to the processing of personal data concerning him, right of access to his personal data collected on the Website, right to modify them, right to delete them, right to oppose their use in particular for prospecting purposes, right to define guidelines relating to the fate of his personal data after his death.

All of these rights are exercised via the "Contact" section, or by post, accompanied by a copy of an identity document of the Subscriber User.

In application of the legal provisions, THE BYG company may be required to transmit to the Subscriber User any complaint concerning him related to the use of the Website, and to communicate his identification elements at the request of the judicial and / or administrative authority.

The Subscribed User is reminded that he can access and modify his personal data and/or password via his User Space.

The Subscribed User is also reminded that he can request the deletion of his User Space, via the "Contact" section. His personal data will then be deleted within 48 hours.

Article 12. In what cases are the TCU terminated or suspended?



  • Termination by the Subscribed User


The Subscribed User is free to terminate these TCU at any time, by making this request via the "Contact" section of the Website, in its User Area.

The termination shall take effect at the end of the end of the month following the current month on the date of the request for termination.

  • Termination by BYG


BYG is free to terminate, at any time, these TCU, by sending an email to the Subscribed User, subject to reasonable notice.

In the event of a serious breach of these TCU by the Subscribed User, and in particular in the Article "What are the obligations of the Subscriber User?" and "What uses of the Services are prohibited?", BYG reserves the right, unilaterally, without notice, to:

  • terminate the contractual relationship by agreement as of right,

  • or to suspend access to all or part of the Services (in particular access to its User Area), temporarily,


without any consideration or compensation.

 

  • Effects of termination regardless of the originator


With the exception of the stipulations expressly mentioned as surviving the termination of these Terms, the termination of these TCU operates the annihilation of all of its stipulations, and in particular, the cessation of access to the User Area and the Services.

The Subscribed User is informed that the termination has the effect of removing his access to his User Space and to all that it contains.

In the event of the deletion of access to its User Space imposed by the company BYG, the Subscribed User is prohibited from attempting to circumvent, by any means whatsoever, this decision to delete, whatever the cause.

  • Effects of suspension


The temporary suspension of the Subscriber User's access to all or part of the Services does not relieve the subscriber of his obligation to pay the amount contractually due as defined in Annex A "Financial Conditions".

Article 13. What is the scope of responsibility of BYG?


BYG IS RESPONSIBLE FOR THE ARTICLES IT PUBLISHES ON THE WEBSITE IN ITS CAPACITY AS PUBLISHER UNDER LAW NO. 2004-575  (FRANCE) ON CONFIDENCE IN THE DIGITAL ECONOMY.

BYG IS RESPONSIBLE FOR ENSURING ITS OBLIGATIONS, UNDER THE CONDITIONS PROVIDED FOR AND DEFINED IN THE ARTICLE "WHAT ARE THE OBLIGATIONS OF BYG WITH REGARD TO THE SERVICES?"

Article 14. What are byg's disclaimers and warranties?


THE LIABILITY OF THE BYG COMPANY CAN ONLY BE ENGAGED ON THE BASIS OF THE OBLIGATIONS INCUMBENT ON IT IN RESPECT OF THE PROVISION OF THE SERVICES, AS INDICATED IN THE ARTICLE "WHAT IS THE SCOPE OF THE RESPONSIBILITY OF THE BYG COMPANY?". (Article 13)

THE LIABILITY OF THE COMPANY BYG CAN BE ENGAGED ONLY IN CASE OF PROVEN FAULT, WITHIN THE LIMITS SET OUT IN THIS ARTICLE.

THE COMPANY BYG is in no way liable for direct or indirect damages, whatever the causes, origins, nature or consequences, since THESE DAMAGES have their source in a FACT OR AN ACT FOR WHICH IT IS STIPULATED IN THIS ARTICLE "WHAT ARE THE EXCLUSIONS OF LIABILITY AND GUARANTEES OF THE COMPANY BYG", THAT IT IS NOT RESPONSIBLE FOR IT.

(I) THE RESPONSIBILITY OF THE COMPANY BYG CAN NOT BE ENGAGED ON THE BASIS OF AN ALLEGED MEDICAL DIAGNOSIS, AND / OR THE ALLEGED ADEQUATION TO THE CHRONIC PAIN OF THE USER SUBSCRIBED TO A THERAPY AND / OR TREATMENT, PRESENTED ON THE WEBSITE.

THE ARTICLES PUBLISHED BY BYG VIA THE WEBSITE HAVE AN INFORMATIVE CHARACTER WHOSE SCOPE IS GENERAL.

THE ARTICLES PUBLISHED BY THE COMPANY BYG VIA THE WEBSITE ARE NOT INTENDED TO ESTABLISH A MEDICAL DIAGNOSIS CORRESPONDING TO THE SITUATION OF THE SUBSCRIBED USER.

THE ARTICLES PUBLISHED BY THE COMPANY BYG VIA THE WEBSITE ARE NOT INTENDED TO DEFINE A THERAPY, NOR TO PRESCRIBE A TREATMENT ADAPTED TO ANY CHRONIC PAIN SUFFERED BY THE SUBSCRIBED USER.

THE SUBSCRIBED USER IS REMINDED THAT:

-         THE CONSULTATION OF THE WEBSITE IS NOT A SUBSTITUTE FOR THE CONSULTATION OF A DOCTOR, WHO ALONE IS AUTHORIZED TO ESTABLISH A MEDICAL DIAGNOSIS, DEFINE A THERAPY AND PRESCRIBE A TREATMENT ADAPTED TO THE CHRONIC PAIN OF THE SUBSCRIBED USER;

-          THE ARTICLES PUBLISHED BY BYG DO NOT CONSTITUTE MEDICAL OPINIONS OR MEDICAL CONSULTATIONS;

-         THE SUBSCRIBED USER IS THEREFORE INVITED TO CONTACT HIS DOCTOR TREATING FOR ANY MEDICAL QUESTION RELATING TO HIS CHRONIC PAIN.

(II) THE RESPONSIBILITY OF THE COMPANY BYG CAN NOT BE ENGAGED IN CASE OF NEGLIGENCE ON THE PART OF THE SUBSCRIBER USER REGARDING THE CONFIDENTIALITY OF HIS IDENTIFIERS AND PASSWORDS, THE LATTER THEN REMAINING SOLELY RESPONSIBLE FOR THE USE, FRAUDULENT OR NOT, BY A THIRD PARTY OF HIS MEANS OF ACCESS, HIS USERNAME AND PASSWORD, AND THE USE OF THE SERVICES MADE BY THIS THIRD PARTY. IT IS HIS RESPONSIBILITY TO STRICTLY ENSURE THE CONFIDENTIALITY OF HIS USERNAME AND PASSWORD, GIVING HIM ACCESS TO HIS USER SPACE; SINCE THESE IDENTIFIERS AND PASSWORDS ARE STRICTLY PERSONAL IN NATURE, THE SUBSCRIBED USER IS PROHIBITED FROM COMMUNICATING THEM TO A THIRD PARTY.

(III) BYG CANNOT BE HELD LIABLE IN THE EVENT OF FAILURE, DEFECT, NON-CONFORMITY, ANOMALY, ERROR, MALFUNCTION, AFFECTING THE MEANS OF ACCESS OF THE SUBSCRIBER USER, AND/OR THE COMMUNICATION NETWORKS AND TELECOMS ALLOWING THE SUBSCRIBED USER TO CONNECT TO THE WEBSITE AND/OR ITS USER AREA AND/OR USE THE SERVICES.

THIS ARTICLE REMAINS APPLICABLE IN ITS ENTIRETY AND SURVIVES IN THE EVENT OF NULLITY, LAPSE OR TERMINATION OF THESE TCU, FOR ANY REASON WHATSOEVER.

Article 15. Final stipulations


a.    Severability


If one or more words, sentence(s), Article(s), of these TCU are held to be invalid, or null, or inoperative, or deemed unwritten or declared as such pursuant to a law, a regulation or following a court decision, then:

  • the other words of the sentence concerned,

  • the other sentences of the article concerned,

  • and in general, the remaining stipulations of the T&Cs will retain all their strength and scope.


b.    Force major


BYG is not liable for breaches in the provision or use of the Services resulting from a case of force majeure as defined by ordinary law.

c.      Modification of the Terms


BYG reserves the right to modify these TCU, to delete them, to modify certain clauses or to add new ones, provided that the Subscribed User accepts this new version of the TCU, when the latter accesses his User Space.

It is specified that the new version of the TCU is applicable only to the period after its entry into force.

d.    Evidenta agreement

The acceptance of these TCU by electronic means has, between the Subscriber User and the company BYG, the same probative value as the agreement on paper.

In general, the Subscribed User acknowledges and agrees to exchange with the company BYG in particular by e-mail, for example in the context of the information that may be sent to him during the execution of these TCU.

e.      Title


In case of difficulties of interpretation resulting from a contradiction between any of the titles appearing at the head of an Article and the content of one or more Articles, the titles concerned will be considered non-existent.

f.      Tolerance


The Subscribed User acknowledges that the fact that BYG tolerates a situation does not have the effect of granting the Subscriber User acquired rights.

Moreover, that tolerance cannot be interpreted as a waiver of the rights in question.

g.    Assignment/Transfer of these TCU by BYG


The Subscriber User expressly gives his consent in advance to any assignment or transfer by BYG of this contract, to the assignee of his choice, in the event of transfer of all or part of the shares of THE BYG company in any way whatsoever, for example by acquisition, merger, absorption, transfer, said transfer or said transfer having no consequences for the Subscriber User on the conditions of price and quality of the Services.

            APPENDIX A: FINANCIAL CONDITIONS



Article 1. Reminder of the Total Services Price


Le prix mensuel toutes taxes comprises est de 3,60 euros.

Article 2. Terms and conditions for invoicing the Total Price


The Services are billed monthly. Invoices are archived in the User Area, under the heading "Subscriber account".

Article 3. Terms of payment of the Total Prize


Payment is made by automatic debit from the bank account associated with the credit card registered when subscribing to the Services. In the event of a change of bank details or blue card, it is the responsibility of the Subscribed User to provide non-erroneous and up-to-date information.

Payment is made each month on the same date, corresponding to the date of the first payment made by the Subscriber User for the Services.

Article 4. Financial consequences of the termination of the TCU


The termination has the effect of terminating the monthly withdrawals, at the end of the end of the month following the current month on the date of the request for termination.
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