GENERAL CONDITIONS OF USE OF ALTERGENCY SERVICES ©

DEFINITIONS

Within the meaning of the general conditions of use, the expressions below will have the following definition

  • GCU designates these general conditions of use applicable to the Services offered on all Alturgences © media.

  • Personal Data means any information relating to an identified or identifiable natural person; a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements, specific to his physical, physiological, psychological, economic, cultural or social identity, is deemed to be identifiable.

  • Personal Health Data means any Personal Data of the User collected by Alturgences ©.

  • Identifier means the personal identifier associated with the User's account as well as any confidential code or password issued to the User by Alturgences © then modified by the User and allowing the User to identify himself in order to access to Services.

  • Personal data regulation together refers to Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable from May 25, 2018 (hereinafter, “the General Data Protection Regulation”) and the "Informatique et Libertés" law n ° 78-17 of January 6, 1978 amended Law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, and amended by law n ° 2004-801 of August 6, 2004.

  • Parties jointly designate Alturgences © and the User.

  • Health professional means the professionals involved in the health sector, and who are presented on the Site.

  • Establishments means any structure approved by the ARS allowing it to provide care.

  • Services jointly designate all the information offered by Alturgences © to its users. This information is not contractual and is transmitted to the User for information only, does not represent a recommendation, guidance or advice from Alturgences © vis-à-vis the User. Their use remains the sole responsibility of the User without time limit.

  • Site means the website https://www.alturgences.com

  • Application refers to the Alturgences © mobile application

  • User means any natural person who uses the Site and the Alturgences © application and accesses the Services offered by Alturgences © through the Site or the application. The User undertakes to consider the services provided by Alturgences © exclusively as information given to him by Alturgences © for information purposes. The User cannot be held responsible for Alturgences © and without time limit for an error or a malfunction in the services provided by Alturgences ©. The user, by accepting these General Conditions of Use, discharges Alturgences © without limitation of time from any responsibility for information and service or service failure and by the same fully considers that the Services provided by Alturgences © do not represent for him and without restriction neither advice nor guidance.

 

Unless otherwise indicated in the T & Cs:

  • As soon as a word or a sentence has a definite meaning, any other form of this word or this sentence has a corresponding meaning;

  • Words in the singular include the plural and vice versa;

  • A reference to a document, standard, legislative provision, code or any other document implies any modification or update of this document, standard, legislative provision or code;

  • If a period of time is specified and goes back to a given day or to the day of acceptance of the T & Cs, this period of time must be calculated as including that day.

LEGAL NOTICE

Alturgences © Services are operated by Thomas VERNHES  located at 34 boulevard Henri Barbusse 92220 Bagneux France and whose intra-community VAT number is pending.

Director of publication: Thomas VERNHES.

SUBJECT OF THE T & Cs AND CURRENT VERSION

The purpose of these T & Cs is to define the conditions under which Users can access and use the Services.

Any User who accesses the Services offered by Alturgences © undertakes to respect, without reservation, these T & Cs, supplemented, where applicable, by the CPUs. These CPUs are notified before the use of the User Services for express and prior acceptance.

If the User does not agree with all or part of the T & Cs, he is strongly recommended not to use the Site and the Services.

Alturgences ©  is free to modify these T & Cs at any time, in particular to take into account any legal, regulatory, jurisprudential and / or technical developments. The prevailing version is the one which is accessible online at the following address: https://www.alturgences.com/conditions-generales-d-emploi . The same is true for any CPUs accessible online at the address of the Services. All Users are therefore required to refer to their version accessible online on the date of their access and use of the Services.

The User is expressly informed that the only authentic version of the T & Cs of the Services is the one found online on the Site, which he recognizes and accepts without restriction, committing to refer to them systematically when each connection.

CAPACITY

Use of the Services is reserved for users who are natural persons capable of subscribing to obligations in accordance with French law or by which they have been appointed for this purpose.

INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO THE MEANS OF ACCESS TO THE SERVICES

Alturgences ©  sets up the means necessary for the smooth running of the Services.

Alturgences ©  takes the necessary measures to maintain the continuity and quality of the Services.

The User acknowledges that his use of the Services is at his own risk. The Services are provided to him "as is" and are accessible without any guarantee of availability and regularity.

Alturgences ©  will however endeavor to make the Services accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of Alturgences ©  and subject to maintenance periods, possible breakdowns, technical uncertainties linked to the nature of the Internet network or malicious acts or any damage to Alturgences © hardware or software.

Alturgences ©  cannot be held responsible for disturbances of the Internet network due to cases of force majeure within the meaning of the case law of the Court of Cassation and because of the maintenance operations of the Services planned by Alturgences ©. Alturgences ©  also cannot be held responsible for the installation and operation of the terminals used by the User to access the Services and not provided by Alturgences ©.

More generally, Alturgences ©  can in no way be held responsible for an interruption of the Services regardless of the cause, duration or frequency of such interruption.

Transfer rates and response times for information circulating from the Alturgences © platform  to the Internet are not guaranteed by Alturgences ©.

The User acknowledges that the speed of information transmission does not depend on the Services offered by Alturgences ©, but on the characteristics inherent in electronic communications networks and the technical characteristics of their connection mode (cable, ADSL, 3G, 4G etc.) and its internet access.

Alturgences ©  can in no case be held to repair any indirect damage suffered by the User during the use of the Services. Indirect damages are those which do not result exclusively and directly from the failure of the Alturgences © Services.

In addition, the responsibility of Alturgences ©  cannot be sought for acts performed by the User or a third party using the Services.

Any software, downloaded by the User, or obtained in any other way during the use of the Service, is at the risk and peril of the User.

PRIOR INFORMATION RELATING TO THE SERVICES

The Site offers the User the possibility of using:

  • The directory service in the form of a map of the health establishments identified by Alturgences ©  all over France;

  • The Information Service on possible waiting times in health establishments near it.

  • The establishment selection service based on their specificities and / or specialties.

 

The Services are provided to the User free of charge.

Nevertheless, the equipment (in particular computer, telephone, software, electronic means of communication) allowing access and use of the Services are the sole responsibility of the User, as are the costs of electronic communications (in particular telephone costs, Internet access costs) resulting from their use. It is up to the User to find out the price for using said equipment or services from the operators concerned. The User alone is liable for their prices.

DIRECTORY SERVICE

The Directory Service allows the User to search for a Health Establishment in accordance with various criteria (geolocation, specificity, specialty, etc.) and to consult the map of the Health Establishments thus sought.

Alturgences ©  does not guarantee the User that its directory contains all of the Healthcare Establishments operating in France and more specifically in the User's geographical area of research. As a result, the User may not find a Health Facility on the Site using the Directory Service.

Alturgences ©  reminds the User that, due to its lack of completeness, the Directory Service cannot under any circumstances be equated with a referral service for patients to Healthcare Establishments.

The User always retains the choice of the Health Establishments they consult in accordance with the applicable provisions of the Public Health Code, the ethical provisions applicable to regulated professions and the binding provisions applicable to non-regulated professions.

THIRD-PARTY SITES

In the event that the Services contain hypertext links to websites published by third parties (hereinafter the "Third Party Sites") on which Alturgences ©  does not exercise any kind of control, Alturgences ©  assumes no responsibility for the content of Third Party Sites or the content to which Third Party Sites may link. The presence of hypertext links to Third Party Sites does not mean that Alturgences ©  in any way approves the content of Third Party Sites. Alturgences ©  is not responsible for any modification or update concerning Third Party Sites. Alturgences ©  is not responsible for the transmission of information from Third Party Sites, nor for their malfunction.

INTELLECTUAL PROPERTY

Alturgences © Services  and all the elements which compose them are, except particular mention, the exclusive property of Alturgences ©. All brands and logos belonging to Alturgences ©  cannot be used by the User without the prior written consent of Alturgences ©.

Consequently, in application of the provisions of the Intellectual Property Code, the laws and regulations of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of the Services of Alturgences ©  or of any element which composes them is prohibited as well as their alteration. As such, the User is notably prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or any language, placing on the market free or for a fee, marketing all or part of the Services provided. by Alturgences ©  or of any element which composes them, whatever the means and the support. No provision of the T & Cs may be interpreted as a transfer of intellectual property rights, whether tacitly or in any other way.

 

PROTECTION OF PERSONAL DATA

 

PERSONAL DATA RELATING TO THE USER

Alturgences ©  expressly invites the User to consult its policy relating to the protection of personal data which is an integral part of these T & Cs.

COOKIES AND IP ADDRESS

Alturgences ©  expressly invites the User to consult its policy relating to the protection of personal data which is an integral part of these T & Cs.

At the request of the judicial authorities, Alturgences ©  can transmit the IP address of the User, so that the latter is identified in cooperation with his Internet service provider.

FORCE MAJEURE

There is force majeure when an event beyond the control of the debtor, which could not be reasonably foreseen when accepting the T & Cs and whose effects cannot be avoided by appropriate measures, prevents the execution of its obligation by the debtor

The case of force majeure suspends the obligations of the party concerned during the time when force majeure will play if this event is temporary. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible.

Otherwise, if the impediment is final, the parties will be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.

AGREEMENT ON PROOF

Messages received by fax or electronically and more generally electronic documents exchanged between Alturgences ©  and the User are original writings within the meaning of article 1366 of the Civil Code, ie as having the same value as that granted to the original. Faxes or electronic documents should be kept in such a way that they can constitute faithful and durable copies within the meaning of article 1379 of the Civil Code.

WAIVER

The fact that one or the other of the Parties does not avail itself of one or more stipulations of the T & Cs may in no case imply the renunciation by this Party to avail itself thereof subsequently.

PARTIAL NULLITY

In the event that certain stipulations of the T & Cs are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the parties will remain bound by the other stipulations of the T & Cs and will endeavor to remedy the clauses. inapplicable in the same spirit as that which presided at the conclusion.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The User is informed that the Site is intended for users residing in France and is subject to French law. Also, by browsing the Site or using the services of Alturgences ©, the User submits to French law.

Any difficulties relating to the validity, application or interpretation of the T & Cs will be submitted, in the absence of an amicable agreement, to the Tribunal de Grande Instance of Paris, to which the Parties attribute territorial jurisdiction, regardless of the place of performance. or the domicile of the defendant. This attribution of jurisdiction also applies in the event of summary proceedings, multiple defendants or warranty claims.