TERMS AND CONDITIONS OF USE
The website www.fillmed.com and the following terms and conditions of use of it (hereafter referred to as the “T&C”) are published, operated and provided by LABORATOIRES FILLMED, whose full contact details are available by clicking here (hereafter referred to as “FILLMED”).
1. Purpose of the T&C
The purpose of these T&C is to define the conditions of use of the Website as well as, in certain circumstances, the terms and conditions for making available – for certain users – access to additional pages of the Site subject to having previously created a professional account.
2. Definition and interpretation
Unless otherwise defined herein, for the purpose of interpreting and performing the T&C, including its recital and article 1 above, the capitalized terms and expressions hereunder have the meaning ascribed to them as follows :
- “Professional(s)” refers to any natural person who operates a professional activity in the health sector or health profession within the meaning of the regulated health professions acts and who is browsing the Website and authorized by FILLMED to get a Pro Access;
- “Pro Access” means the professional access granted by FILLMED exclusively for Professionals who have created a dedicated account, via the form available here in order to be able to access to additional contents and specific areas of the Website;
- “Product(s)” refers to the products presented and promoted by FILLMED on the Website;
- “User(s)” means any natural person (including Professionals) who is browsing one or more pages of the Website;
- “Website” means the website published and operated by FILLMED and available here.
3. Acceptance of the T&C
4. Amendment of the T&C
FILLMED reserves the right to modify these T&C at any time without prior notice, in particular in order to consider any legal, jurisprudential and/or technical developments. Thus, all amendments shall become effective as they go live and will apply to all Users.
In any event, the fact that an User continues to use the Website after having been informed of the modification of the T&C shall entail acceptance of the modifications of such T&C by the User.
5. Pro Access
5.1 Description of the Pro Access
Pro Access allows Professionals to access for free to additional pages of the Website, in order to:
(i) join webinar;
(ii) check congresses on which FILLMED is present;
(iii) verify the authenticity of their products;
(iv) access to additional information and content related to FILLMED Products;
5.2 Creation of Pro Access
To create a Pro Access, Professional shall fill in the form available here provide FILLMED with declarative information, including complete and accurate personal data.
Professional undertakes to update its personal data (in particular email address) in case of change in order to maintain accuracy of such information.
Professional acknowledges and agrees to be fully responsible for access to its Pro Access. Under no circumstances FILLMED could be held liable to Professional and/or third parties of any mistake, omission or inaccuracy regarding any data communicated by Professional during the creation of its Pro Access, as well in the event of its updating.
Only Professional is authorized to get a Pro Access. Any use of the Pro Access of a Professional is deemed to have been made by him and under its sole responsibility.
Professional acknowledges that FILLMED reserves the right to verify its professional activity in the health sector, its personal data, in particular to suspend the Pro Access in the event of non-compliance with these T&C, as in providing false, inaccurate and/or incomplete information.
5.3 Login and password
At the end of the process of creation of a Pro Access, Professional will be provided a login and password.
Login and password are strictly personal. Professional undertakes to keep its login and password confidential and to not transmit them to any third parties.
In the event of loss, theft or any fraudulent act with regard to the login and password, it is Professional responsibility to inform FILLMED as soon as possible and to prove its identity by any means.
Upon receipt of Professional duly justified notification, FILLMED will send Professional an e-mail allowing him to update its login and password, provided that Professional keep them strictly confidential.
6. Users obligations and warranties
Upon accessing the Website, the User undertakes and warrants to:
- access and use the Website in good faith, reasonably and in a manner that is not contrary to these T&C;
- never use mechanisms or software other than those provided by FILLMED intended to i) affect or attempt to affect the proper functioning of the Website ii) or extract, modify, consult, even in the buffer or temporary memory, or for personal use, all or part of the Website;
- never access and/or use the Website for unlawful purposes and/or with the intention of causing a prejudice to FILLMED’s reputation and/or image and/or that of the Users, or more generally, violate any of FILLMED’s and/or third party’s rights, including those of Users, and, in particular, intellectual property rights;
- not commercialize the access to the Website directly or indirectly;
- not reuse, or operate all or part of the Website therein, in particular for commercial and/or collective and/or personal purposes in any form and/or media that has not been authorized by FILLMED;
- not reproduce, represent all or part of the Website for personal purposes beyond those of the legal exceptions provided, in particular, under the French Intellectual Property Code, or with a view to the direct or indirect commercialization, in particular with third-parties.
- not limit the access and use of the Website;
- not modify, including in the buffer or temporary memory, any mention or element on the Website;
- ensure that the use of the Website does not affect or compromise the stability, security and quality of the Website, networks, bandwidth or FILLMED’s infrastructures, for the other Users and/or third parties.
- not violate the provisions of Articles 323-1 to 323-7 of the French Criminal Code, which sanction “hacking” activities;
In the event of non-compliance with any of these obligations, without this list being exhaustive, the User is informed that FILLMED shall be entitled to unilaterally refuse or suspend, without any prior notification, access to all or part of the Website and, as the case maybe, access to his Pro Access.
The User is solely liable for the use that he makes of the Website which he accesses on the Website.
7. FILLMED liability
FILLMED shall make every possible effort to keep the content of the Website up to date.
All Product offerings promoted by FILLMED on the Website shall remain valid for as long as they are presented on the Website, while stocks last.
FILLMED cannot guarantee accurate or exhaustive information about the Product presented on the Website. It recommends that Users and Professionals refer to the specific Product characteristics listed in each Product description.
Users and Professionals may email FILLMED directly at email@example.com if they have any further questions or require any additional information.
In the event of any obvious error in the price and/or characteristics of a Product and its representation, the User and/or Professional undertakes to report the error to FILLMED by email, at firstname.lastname@example.org.
The Website may include hypertext links to third party websites and web-based resources. When inserting these links, FILLMED made its best efforts to ensure that the websites and resources concerned did not contain any information that violates French Law. As a result, FILLMED may only be deemed liable for publishing links to third-party website that violated the French Law on the date of their first listing on the Website.
Prior written authorization must be obtained from FILLMED before publishing any type of hypertext link to this Website. All such requests must be emailed to the following address: email@example.com.
8. Availability of the Website
Notwithstanding Acts of God and other events that fall outside FILLMED’s direct control, the Website should be available 24/7.
However, Website availability may temporarily be reduced or interrupted, in whole or in part, without prior notice and without any compensation being due to Users, notably for maintenance operations or upgrades implemented to optimize ongoing Website performance.
FILLMED makes no undertaking as regards the performance of the Website, and may not be held liable for any shortcomings in this respect.
9. Intellectual property
FILLMED holds all intellectual property and/or royalty rights, including copyright protection for all content, brands, database content and all other constituent parts of the Website.
The Website, and all the software applications, database structures, text, information, analyses, images, photographs, charts, logos, sounds, brands and all other data that constitute the Website, shall remain the exclusive property of FILLMED or, if applicable, of their respective owners, with whom FILLMED has concluded a licensing agreement.
FILLMED grants to Users a non-exclusive, personal and non-transferable right to use the Website and all the original intellectual works and data contained therein. This right shall be accorded for private purposes only. No User may use the Website in any other way, notably for commercial reasons, without explicit, written authorization from FILLMED; any unauthorized use shall be subject to legal sanctions. Requests for such written authorization may be submitted by email to the following address: firstname.lastname@example.org.
Users undertake not to, inter alia, reproduce and/or represent (other than for private use), download, sell, distribute, diffuse, translate, adapt, use, publish or communicate any or all of the original intellectual works or data published on this Website, for any commercial or non-commercial purpose, in any form whatsoever.
Any other use of the Website and/or its content, particularly in a commercial purpose, by the User is expressly forbidden without the prior written consent of FILLMED, under penalty of prosecution. Authorization requests shall be sent to FILLMED at the above-mentioned email address.
Any unauthorized use of the Website and/or of its content expose the User to its civil and criminal liability based on the counterfeit of copyright.
10. Protection of personal data
11. General Provisions
11.1 Correspondence – Proof
Unless expressly stated herein, the 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 Website shall prevail between himself and FILLMED. The elements such as the moment of receipt or issuance, and the quality of the data received shall prevail by priority such as mentioned on the aforementioned support mediums, or as authenticated by FILLMED’s electronic procedures, unless written proof is provided to the contrary by the User. The extent of the proof of the information issued on the Website is considered as an original, the same as for a written and duly signed paper document.
11.2 Integrality of the T&C
These T&C express all of the obligations for FILLMED and the User relating to their purpose. If one of the parties does not assert the non-compliance by the other party, to any one of the obligations referred to herein, it may not be subsequently interpreted as a waiver to such obligation.
11.3 Partial Invalidity
In the event whereby one or several of the stipulations herein were to be considered as invalid, void, or declared as such in accordance with a law, regulation or following a final court decision with res judicata, the other stipulations shall retain their full force and effect and shall remain fully applicable, unless the invalid stipulation(s) were of a substantial nature and accordingly their deletion would call into question the contractual equilibrium.
In the event of any difficulties with the interpretation between any of the titles mentioned in the clauses herein, and one of the clauses, such titles shall be declared inexistent.
12. Applicable law and dispute resolution
These T&C are subject to the French laws.
In the event of any dispute that may occur in relation to these T&C, their interpretation and consequences or with any addendums or modifications thereto, the User shall meet with FILLMED in order to try and reach an amicable solution. Any complaint made to FILLMED must be made in writing.
Upon failure to reach an amicable settlement, the User may decide:
- To have recourse to amicable mediation within a maximum period of one (1) year as from the User’s written complaint made to FILLMED by designating, (i) either a mediator of his choosing, (ii) or by having recourse to the online dispute resolution process at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage it being specified that the mediation process proposed may not be considered as a preliminary for the User to refer the matter before the competent courts.
- To refer his claim before the competent French courts.
For Professional Users, in the event of a dispute relating to the website, the interpretation, validity and performance hereof, and upon failure by the parties to reach an amicable agreement, express jurisdiction is granted to the competent courts of the Paris court of appeal.