The Site (as defined in Article 2) and the following general terms and conditions of use (hereinafter referred to as the “GT&CU”) are published, operated and provided by LABORATOIRES FILLMED, whose full contact details are available by clicking here (hereinafter referred to as “FILLMED”).

The purpose of these GT&CU is to set down the terms and conditions for use of the Site as well as, in certain circumstances, the methods for providing – for certain users – access to additional pages of the Site subject to having previously created an account.

Unless defined otherwise, capitalised terms and expressions shall have the meanings indicated below for the purpose of interpreting and performing the GT&CU, including the recital therein and Article 1 above:

“Pro Access” means professional access granted by LABORATOIRES FILLMED, a simplified joint-stock company with share capital of 3,860,250.00 euros, whose registered office is located at 38 Cours Albert 1^er, 75008 (Paris), registered with the Paris Trade and Companies Register under No. 811 667 963, exclusively to Professionals who have created a dedicated account, by completing the form available here, in order to access additional content and specific areas of the Site.

“Privacy Policy”: means the personal data protection policy implemented by FILLMED and available here, which is deemed to form an integral part of these GT&CU.

“Personal Data”: means the User’s personal data collected and/or processed by FILLMED in connection with the use of the Site, such as creating and managing the User’s Pro Access account when they have one, and this under the terms and conditions set down in the Privacy Policy.

“Product(s)” means the products presented and promoted by FILLMED on the Site.

“Professional(s)” means any natural or legal person who exercises a professional activity in the health sector or any health profession within the meaning of the laws on regulated health professions and who navigates the Site and who is authorised by FILLMED to obtain Pro Access.

“Site”: means the website published and operated by FILLMED, including Pro Access, and available here.

“User(s)”: means any natural person who navigates on one or more of the Site’s pages. Professionals are Users.

Access to the Site, the creation of a Pro Access where applicable and/or the use of any part of the Site implies unreserved and unrestricted acceptance of these GT&CU as well as the Privacy Policy available here.

FILLMED reserves the right to amend these GT&CU at any time and without notice, in particular to take into account any legal, jurisprudential and/or technical developments. Thus, all changes will take effect as soon as they are put into service and will apply to all Users.

In any event, the fact that a User continues to use the Site after having been informed of the change to the GT&CU implies acceptance of the changes to these GT&CU by the User.

Pro access provides free access to additional pages of the Site to Professionals so they can:

• take part in online seminars
• check the conferences FILLMED is taking part in;
• verify the authenticity of their Products;
• access additional information and content about FILLMED’s Products.

To create a Pro Access, the Professional must complete the form available here and declare certain information to FILLMED, including complete and accurate Personal Data.

The Professional acknowledges and agrees to be fully responsible for access to their Pro Access account. Under no circumstances may FILLMED be held liable by the Professional and/or third parties for any error, omission or inaccuracy affecting the data communicated by the Professional upon creating their Pro Access.

Only the Professional is authorised to use their Pro Access.  Any use of a Professional’s Pro Access is deemed to have been performed by them and under their sole responsibility.

The Professional acknowledges that FILLMED is entitled to verify their professional activity in the healthcare sector and their Personal Data, and in particular is entitled to suspend the Professional’s Pro Access if they fail to comply with these GT&CU, by providing false, inaccurate and/or incomplete information for example.

If there is no activity on the Professional’s Pro Access account for a period of three (3) years from the date of the last connection to the Pro Access, FILLMED reserves the right to deactivate the Pro Access and archive the Professional’s Personal Data as set down in the Privacy Policy.

The Professional will be sent a login and password after they complete the Pro Access account creation process.

The login and password are strictly personal. The professional undertakes to keep their login and password confidential and not to disclose them to third parties.

In the event of loss, theft or any fraudulent act that involves use of the login and password, the Professional must inform FILLMED as soon as possible and prove their identity by any means.

Upon receipt of the duly justified notification from the Professional, FILLMED will send the Professional an email enabling them to set a new login and password, which the Professional undertakes to keep strictly confidential.

By accessing the Site, the User undertakes and guarantees that they shall:

• access and use the Site in good faith, in a reasonable manner that is not contrary to these GT&CU;
• never use mechanisms or software other than those provided by FILLMED with the intention of i) affecting or attempting to affect the proper operation of the Site or ii) extracting, modifying or consulting all or any part of the Site, even when this is in the buffer or temporary memory, or for personal purposes;
• never access and/or use the Site for unlawful purposes and/or with the intention of damaging the reputation and/or image of FILLMED and/or the Users, or more generally, infringe any of the rights of FILLMED and/or of third parties, including those of the Users, and in particular intellectual property rights;
• not market access to the Site directly or indirectly;
• not reuse or exploit all or part of the Site, in particular for commercial and/or collective and/or personal purposes, in any form and/or on any medium whatsoever, without first having been so authorised by FILLMED;
• not reproduce or represent all or part of the Site for personal purposes other than under the legal exceptions provided for by the Intellectual Property Code in particular, or with a view to direct or indirect marketing, in particular to third parties.
• not limit access to and use of the Site;
• not modify, including in the buffer or temporary memory, any text or element on the Site;
• ensure that their use of the Site does not affect or compromise the stability, security and quality of FILLMED’s Site, networks, bandwidth or infrastructures, for other Users and/or third parties;
• not breach the provisions of Articles 323-1 to 323-7 of the Criminal Code with respect to website hacking offences.

In the event of failure to comply with any one of these obligations, without this list being exhaustive, the User is informed that FILLMED shall be entitled to unilaterally refuse or suspend their access to all or part of the Site without prior notice, and access to their Pro Access if they have such access.

The User is solely responsible for the use they make of the Site.

FILLMED endeavours as far as possible to keep the content of the Site up to date.

FILLMED cannot guarantee that the information relating to the Product presented on the Site is accurate and complete. It recommends that Users refer to the specific characteristics of the Product in each Product description.

Users can email FILLMED directly at contact@FILLMED.com if they have any further questions or need additional information.

If the User detects an obvious error, particularly in the characteristics of a Product and the manner in which it is represented, the User undertakes to report the error to FILLMED by email at contact@FILLMED.com.

The Site may include hyperlinks to third party websites and other web resources. When inserting these links, FILLMED makes every effort to ensure that the sites and resources concerned do not contain information contrary to the law. Consequently, FILLMED may only be held liable for the publication of links to third-party websites that infringe the law on the date the links are first published on the Site.

No type of hypertext link may be published on the Site without FILLMED’s prior written authorisation. Any such request must be sent by email to the following address: contact@fillmed.com.

Notwithstanding cases of force majeure and other events beyond the direct control of FILLMED, the Site is available 24 hours a day and 7 days a week.

However, the availability of the Site may be temporarily reduced or interrupted, in whole or in part, without notice and without any compensation being due to Users, in particular for maintenance or upgrade operations aimed at optimising the performance of the Site.

FILLMED makes no representations as to the performance of the Site and cannot be held liable for any failures in this respect.

FILLMED holds or has been granted the intellectual property rights to both the general structure of the Site and its content (texts, slogans, graphics, images, videos, in particular Pro Access content, photos, programs, Products and other content).

Therefore, any representation, reproduction, modification, distortion and/or exploitation of the Site and/or the Products, in whole or in part, by any means whatsoever and on any medium whatsoever, without FILLMED’s specific prior authorisation is prohibited and constitutes infringement of copyright.

In particular and in addition to the aforementioned obligations, the Professional specifically undertakes not to make any copy of the video content in the Pro Access section to which FILLMED has given them access.

Similarly, the User’s criminal and civil liability shall be incurred in the event of any unauthorised use of the Site and/or the Products as this constitutes copyright infringement.

FILLMED grants Users a non-exclusive, personal and non-transferable right to access the Site and its content.

Access to the Site is exclusively limited to the User’s private and personal use under the conditions and limits defined in these GT&CU.

The LABORATOIRES FILLMED brand along with FILLMED’s and/or its business partners’ logos, company name, initials, business names, trade names and/or domain names mentioned on the Site and/or Products, made available by FILLMED on the Site, constitute distinctive signs that may not be used without the holder’s specific prior authorisation.

Any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is therefore prohibited and constitutes infringement of the brand, usurpation of the company name, business name and domain name, incurring the civil liability in tort of its author.

FILLMED’s liability shall not be incurred for any hypertext links available on the Site that lead to other websites and generally to any other existing resources on the Internet.

Under no circumstances may the User set up hypertext links to deep pages of the Site, allowing access to the Product pages and this by any technical process intended to bypass the User’s login page or to extract all or part of the content of the Site pages.

The “framing” technique is prohibited without FILLMED’s specific prior authorisation.

The User irrevocably acknowledges that the Site, including the structure and/or arrangement of the Products and/or video content, in particular in the Pro Access section, consists of one or more databases made available to Users by FILLMED as the producer of said databases within the meaning of the provisions of Articles L.341-1 et seq. of the French Intellectual Property Code.

Therefore, in accordance with the provisions of Article L.342-1 of the same Code, the User shall refrain from:

• extracting all or a qualitatively or quantitatively substantial part of the contents of one or more databases accessible on the Site, including the structure and/or arrangement of the Products and/or the video content, in particular in the Pro Access section, by the permanent or temporary transfer to another medium and this by any means or in any form whatsoever, including for the purposes of using or consulting this content on a medium and/or by a process or processes that have not been authorised by FILLMED;
• reusing all or a qualitatively or quantitatively substantial part of the contents of one or more databases accessible on the Site, including the structure and/or arrangement of the Products and/or the video content, in particular in the Pro Access section, by making said content available to the public in any form whatsoever, including by means of a hypertext link or a medium and/or a process or processes that have not been authorised by FILLMED;
• creating, editing, maintaining, updating, importing, exporting, making available to third parties, free of charge or for consideration, a competing database using all or part of one or more of FILLMED’s databases or participating in the aforementioned acts;
• viewing content on a screen by a process or medium other than those by which FILLMED intends said Site content to be viewed, including the structure and/or arrangement of the Products and/or video content, in particular in the Pro Access section;
• In general, any qualitatively or quantitatively substantial extraction, use, storage, reproduction, representation or retention, direct or indirect, partial or total, including in a buffer or temporary memory, of the contents of one or more of FILLMED’s databases, by means of any of the processes referred to above, is strictly prohibited, including on a medium not authorised by FILLMED.

The User’s Personal Data is processed in accordance with FILLMED’s Privacy Policy, which can be accessed by clicking here.

For any information, queries or complaints of a technical nature, the User is invited to send their request by email to: contact@fillmed.com.

Unless specifically stated in this document, correspondence exchanged between FILLMED and the User is mainly sent by email.

In accordance with Articles 1366 et seq. of the French Civil Code, the User acknowledges and accepts that the information issued by FILLMED by email and/or by the Site prevails between them and FILLMED.

Elements such as the time of receipt or transmission, and the quality of the data received are deemed to be those mentioned on the aforementioned media, or as authenticated by FILLMED’s electronic procedures, unless the User provides written evidence to the contrary. The information provided on the Site has the status of original documents for proof purposes, on the same level as a written and duly signed paper document.

These GT&CU express all the obligations of FILLMED and the User relating to their subject matter.

The fact of one of the Parties not invoking the other Party’s failure to comply with any of the obligations referred to herein shall not be interpreted as the Party subsequently waiving this obligation.

In the event that one or more provisions of these GT&CU be considered null and void, deemed to be unwritten or declared as such pursuant to a law, regulation or as a result of a ruling handed down by a competent court having jurisdiction over the matter in the last resort, the other provisions shall retain their full force and scope and remain fully applicable, unless the invalid provision or provisions was or were of a substantial nature and their disappearance would jeopardise the contractual balance.

In the event of difficulties of interpretation between any of the titles mentioned in these clauses and the provisions of any of these clauses, such titles shall be deemed unwritten.

These GT&CU are governed by French law.

In the event of a dispute relating to these GT&CU, their interpretation and consequences or any additions or modifications thereto, the User shall meet with FILLMED in order to attempt to reach an amicable solution.

In the absence of an amicable settlement between the Parties, disputes shall be referred specifically to the competent courts in the jurisdiction of the Paris Appeal Court.