General terms and conditions

May 2015

Subject


The aim of the General terms and conditions is to define the manner by which the services of es.health.kioskea.net (Santé-Médecine.net), thereafter "the Service", is used, and the terms of use of the Service by the User.

Any access and/or use of the website www.sante-medecine.net assumes the acceptance of all the terms of these Conditions and an unconditional acceptance. They constitute therefore a contract between the Service and the User.

In the eventuality that the User does not agree with part or all the General terms and conditions, the User is required to refrain from using the Service in any way.

Legal notice


The website Santé-Médecine.net is published by:

Santé-Médecine.fr,          
Limited Company,          
with a capital of 4000 euros, whose headquarters are in        

69/71 Avenue Pierre Grenier - 92517 Boulogne-Billancourt   
Tél: +33 1 47 79 50 00 

registered at the Registre du Commerce et des Sociétés de Paris, under the number        
RCS 500 124 185 Paris          
The publishing director is Pierrick Hordé


The website is hosted by:
Equinix France
SAS with a capital of 23 510 900,40 €
RCS : Pontoise B 429 840 853

Definitions

  • User: The User is any person who uses the Website or any of services offered on the Website.

  • User Content : The term "User Content" covers any data given by the User in the various sections of the Website.

  • Member : The term "Member" means a User identified on the Website.

  • Username : The term "User ID" covers all the necessary information to identify a User on teh website to access the areas reserved to members.

  • Password : The "Password" is a confidential information that the User must keep private which enables him/her, with his/her User ID to prove his/her identity.


Access to the service


The can be accessed for free to any User who has access to the internet. All the costs pertaining to the access to the Service, whether they are hardware, software, or internet access costs, are exclusively at the User's expense.

The User is solely responsible for the proper working conditions of his/her computer hardware and his/her internet access.

Some areas of the website are reserved to Members after being identified with the help of their User ID and their Password.

Santé-Médecine.net has the right to deny access to its Service, unilateraly and without any prior notice to any User who does not follow these terms of use.

Quidéa tries to the best of its habilities to ensure a good access to the Service, but it is not forced to do so by law.

Santé-Médecine.net cannot, in addition, be considered responsible of any network or server fault or server or any other event beyond reasonable control, which would block or deteriorate the access to the Service.

Santé-Médecine.net has the possibility to end, to suspend momentarily or to modify without prior notice the access to all or a part of the Service, for maintenance reasons or for any other reason without this interruption becoming the basis to any obligations or compensation.

Intellectual property



The website Santé-Médecine.net, and its content, are protected by current french legislation. Santé-Médecine.net online and Pierrick HORDE are the exclusive owners of all the intellectual property rights on the website and its content (text, photographs, illustrations, images, logos, etc.).

The content reproduced on the Website is copyrighted and its reproduction of distribution, without the written authorisation of Santé-Médecine.net, constitutes an infringement punishable by penal sanctions. The text and illustrations which are clearly labelled with licence Creative Commons can by reproduced under certain conditions, as well as distributed or modified without necessarily having to ask for an authorisation to do so.

"CommentCaMarche" and "Quidéa" are registered trademarks of Quidéa. Any unauthorised reproduction of these trademarks, logos and distinctivec signs constitute an infringement punishable by penal sanctions. The offender exposes himself/herself to civil and penal sanctions and particularly to sentences prescribed under articles L. 335.2 and L. 343.1 of the Intellectual Property Code.

The User is sole responsible of the User Content which he/she puts online via the Service as well as for the texts and/or the opinions he/she formulates. The User 'Utilisateur surrenders explicitly and graciously to Santé-Médecine.net all intellectual property rights which pertain to it and specifically rights of reproduction, representation and adaptation for the legal duration of their copyright protection. The User is commits himself to make sure that the data, by its nature, cannot attack the legitime interests of a third party whoever they might be. In this way, he garanties Santé-Médecine.net will not be sued based directly or indirectly on his writings and/or data, by anyone intending to sue Quidéa. He commits himself to pay the costs, whichever they are, resulting from a third party attacking Quidéa, including the lawyers fees and court fees.

Santé-Médecine.net reserves the right to end all or part of the User Content at any moment and for any reason, without warning or prior justification. The User will not be able to make a claim concerning this clause.

Personal data


In order to respect the private life of its Users, Santé-Médecine.net will make sure that the gathering and treatment of personal data, on its current website, will be done according to the law n°78-17 of the 6th of January 1978 concerning Information Technology, files and liberties, so-called Loi "Information Technology and Liberties". The website CommentCaMarche.net has made a declaration to this effect to the Commission nationale de l'informatique et des libertés under the number 729280.

In accordance with the article 34 of the law "Information Technology and Liberties", Santé-Médecine.net garanties the User a right of opposition, of access and rectification of data concerning him/her.

The User has the possibility to use his/her right:
  • on the website, on his profile ;
  • Using the formulaire de contact at his/her disposal;
  • by contacting us directly at the following address: contact@commentcamarche.net.

Liability limits


The website Santé-Médecine.net is a website offering information on health and medicine.

The data distributed on the website Santé-Médecine.net come from trustworthy sources. However, Santé-Médecine.net cannot guarantee the accuracy or pertinence of this data. In addition, the data reproduced on this website is provided for information only could not constitute in any way an advice or a recommendation of any kind.

Consequently, the Use of information and content of the informations and contents available throughout the website, do not hold Santé-Médecine.net responsible on any grounds. The User is the only person answerable for the proper use, using their judgment, of the data at their disposal on the Website.

Besides, the User commits to indemnise compensate Santé-Médecine.net for all dammageable consquences directly or indirectly linked to his/her usage of the Service.

To access certain areas of the website Santé-Médecine.net requires a User ID and a Password. The Password is chosen by the User, is personal and confidential. The User will keep his/her Password secret and will not divulge it in any way. The use of his User ID and Password over the Internet is done at the User's own risk. It is up to the User to take all necessary precautions to protect his/her own data from any harm.

Santé-Médecine.net commits itself however to put in place all the necessary means to garantee the safety and confidentiality of the imparted data. The User is informed that one or more than one cookie, containing no personal information may be copied onto his/her hard disk to ensure his/her identification.

The User agrees to knowing the limitations and constraints of the internet and agrees to the impossibility of an absolute guarantee in the safety of data exchange. Santé-Médecine.net will not be considered liable for any harm deriving from the transmission of data, including that of the User ID and/or his/her Password, using the Service.

Santé-Médecine.net will not, in any way, within the limits of the applicability of the law, be considered liable for dammages and/or harm, direct or indirect, material or non-material, of any nature, resulting from an unavailability of the Service or of any Use of the Service. The term "Use" must be understood in its common usage, i.e. any use of the website, whether legal or illegal.

The User commits himself/herself, from a general point of view, to respect the current general legislation in France.

Hypertextual links


Santé-Médecine.net offers hypertextual links towards websites published and/or managed by third parties.

Under the understanding that Santé-Médecine.net does not control these external resources, the User admits that Santé-Médecine.net is not liable for offering these resources, and cannot be considered responsible for their content.

Force majeure


Santé-Médecine.net cannot be claimed to be responsible in a case of force majeure or because of events which are out of its remit.

Evolution of this contrat


Quidéa reserves the right to modify the terms, conditions and wording or this contrat at any given time.

It is therefore adviseable for the User to consult regularly the latest version of the Terms and Conditions of use which are available on the website www.sante-medecine.net

Duration and resiliation


This contrat is produced for an indefinite duration starting from the moment the Service is Used by the User.

Applicable Law and competent jurisdiction


The rules in law, applicables to the content and the data transmission on and around the website are enforced by French Law.

In case of a dispute, which has not managed to be sorted out amicably, the only competent tribunals are the French tribunals of the Court of Appeals of Paris.

For unlimited offline reading, you can download this article for free in PDF format:
General-terms-and-conditions .pdf

See also


Conditions générales d'utilisation
Conditions générales d'utilisation
Condiciones generales para la utilización
Condiciones generales para la utilización
Allgemeine Geschäftsbedingungen
Allgemeine Geschäftsbedingungen
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