In accordance with Article L441-1 of the French Commercial Code, these General Terms and Conditions of Sale (hereinafter "GTCS") form the basis of the commercial relationship between the Parties. The purpose of this GTC is to determine the conditions under which customers (hereinafter the "Customer(s)") access the Platform and the Products developed by OneTreck.
By "Avatar Library" we mean the avatars developed by OneTreck who represent a
particular pathology.
By "Modules" we mean the various digital modules offered by OneTreck at the
Customer's request, to obtain in particular a product on a type of pathology of his choice and/or with his own
analysis data.
By “Products" we means the Avatar Libraries and Modules accessible via the
Platform.
By "Data" we mean all personal data that may be collected within the framework of the Platform
as well as Customer Data.
By “Customer Data" we mean the data uploaded by the Customer to the Platform as
well as the Customer's designs and notes, in any form resulting from or provided through the use of the
Platform.
By "Order" we mean any request for access to a Product available through the
Platform.
By "Platform" we mean the platform providing online access to the various services and Products
developed by OneTreck.
By "Interface": we mean the interface dedicated to the Customer, enabling him to
access all his Orders and to access several tools such as note-taking.
By "Customer" we mean the legal
entity or natural person benefiting from access to the Platform.
By "Parties" we mean OneTreck or the
Customer inpidually and OneTreck and the Customer collectively.
Any Product Order implies the Customer's acceptance of these GTC.
Except in
the case of access for a trial period as provided in article 4.1, the Customer may place an Order at any time on the
Platform after creating an account.
To place an order, the Customer must select the Product(s) of its
choice by clicking on the Product(s) concerned and choosing the desired access period. Once the Product has been
selected, it is placed in the Customer's cart. Each Product is presented on the site in the form of a description of
its main technical characteristics. If the Customer has not already done it will then be invited to log in or
register.
Once the Customer has validated the contents of its cart and logged in/registered, a form will
be displayed summarizing the price, applicable taxes and duration of access.
Upon validation of this
information, the Customer will proceed to the payment of the Products, following the instructions on the
Platform.
Once all the steps described above have been completed, a page appears on the site to
acknowledge receipt of the Customer's Order. A copy of the Order confirmation is automatically sent to the Customer
by e-mail, provided that the e-mail address given on the registration form is correct.
Once the Order has
been paid for, Customer account is created and the Customer may access the Products purchased via the Platform by
logging on to the Interface.
In some cases, the Customer may benefit from a free trial period allowing access to
certain Products. To do so, the Customer must contact OneTreck directly and explain
its needs. OneTreck may
provide the Customer with login details and configure access to certain Products. This free access will only be
available for the period defined by OneTreck. At the end of this period, access will be withdrawn. The rules of use
mentioned in these GTC also apply to the Customer in the event of free access.
The Customer may create an account on the Platform at any time by specifying a login and password. Platform login are personal and confidential. They may only be changed at the request of the Customer or duly identified User. The Customer undertakes, on its own and on its Users’ behalf, to make every effort to keep such Platform login secret and not to divulge it in any form whatsoever. The Customer is entirely responsible for the use of the login details and is responsible for the safekeeping of the access codes given to him by OneTreck.
Products are only available for the access period specified in the Order. At the end
of this period, access will be automatically suspended.
Use of the Platform and access to the Products by
the Customer is carried out under the Customer's control and responsibility. Under no circumstances shall OneTreck be held liable for any misuse of the Platform, Products and Data by the Customer.
In particular, the
Customer undertakes not to download any personal data through the Platform without OneTreck's authorization, nor to
make the Platform and the Products accessible to third parties in any way whatsoever.
Access to the
Platform does not include the supply of hardware devices, the cost of telecommunications or the cost of Internet
access, which remain the responsibility and expense of the Customer.
OneTreck undertakes to use all reasonable means at its disposal to ensure access to
the Platform and the Products under the best possible conditions in terms of continuity of
service.
Nevertheless, access to the Platform and Products may be occasionally interrupted by breakdowns
or temporarily suspended due to maintenance operations necessary for the proper functioning of the Platform and
Products. Except in the case of urgent preventive maintenance, linked to the security of the Platform, these
preventive maintenance operations will be scheduled at least seven (7) days in advance and will be notified to the
Customer.
Access to the Platform is provided via the Internet and/or the telephone data
network, and as the Internet is made up of numerous interconnected networks, OneTreck cannot be held liable for
malfunctions occurring outside its own network. In particular, OneTreck shall not be held liable in the event of
interruption of the Customer's Internet access, unavailability of the Customer's broadband line or malfunctions in
the Customer's computer equipment.
The Customer acknowledges that the Internet presents risks and
imperfections, which may lead in particular to temporary drops in technical performance, increased response times
when using the Platform online, or even temporary unavailability of the Platform's hosting servers.
OneTreck gives its Customers the option of cancelling their Order within 24 hours. Customers must inform OneTreck of their intention to cancel their Order before the expiry of this 24-hour period by completing the form accessible via the Interface. If the request to cancel the Order is made within 24 hours, OneTreck will refund the Customer and terminate access to the Product.
Each Party assumes responsibility for the consequences resulting from its faults,
errors or omissions, causing direct damage to the other Party.
In addition, and in the event of proven
fault on the part of the Customer, OneTreck shall only be liable for the pecuniary consequences of direct and
foreseeable damage resulting from the performance of the Platform. Accordingly, OneTreck shall under no
circumstances be liable for any indirect or unforeseeable loss or damage suffered by the Customer or third parties
as a result of the Customer's use of the Platform. Furthermore, OneTreck shall not be held liable for the
accidental destruction of Data by the Customer or a third party having accessed the Platform using the Customer's
identifiers.
Except in the case of gross negligence, OneTreck may not be held liable for :
If OneTreck's liability is recognized by a final decision of a competent court in respect of the provision of the Platform used hereunder, the maximum amount of damages to which it may be ordered shall, in any event and whatever the basis of OneTreck's liability, be capped at the total amount paid by the Customer over the last twelve (12) months.
OneTreck provides for sponsorship operations enabling a Customer to sponsor a third party and obtain discounts for both the Customer and the third party. In order to sponsor a third party, OneTreck has set up an invitation system which the Customer can access directly through his Interface.
Prices are those shown on the Platform at the time of the Order. Orders are paid for by credit card or bank transfer. Contractual information is presented in French and will be confirmed at the latest when your Order is validated. OneTreck reserves the right to modify its prices at any time. However, the Product will be invoiced on the basis of the price list in force at the time the Order is validated and subject to availability.
OneTreck may provide to the Customer promotional codes to reduce the price of the Products. This promotional code must be applied by the Customer on the payment page. Some promotional codes are time-limited and can only be used for the specified period. In some cases, promotions may be applied directly to the sale price of the Product. These promotions are valid for a given period only. If the Customer places a discounted Product in its cart but validates its Order after the time limit, the discount may no longer apply.
At the end of the Order process and once payment has been validated, the Customer will receive an Order confirmation e-mail at the address indicated at the time of the Order. Access to the Product will only be possible once payment has been validated.
The Products are developed on the basis of publicly available information. Where
public information is scarce, OneTreck cannot guarantee the accuracy and relevance of its Products.
The
Customer acknowledges that the use of the Products available on the Platform does not dilute, either directly or
indirectly, the Customer's legal and regulatory obligations, both with regard to the competent national and European
health authorities and with regard to end users (customers and/or patients).
It is further expressly
agreed between the Parties that the Products supplied by OneTreck in no way constitute a medical diagnosis or
prognosis, or a surgical or therapeutic recommendation.
In the context of these GTC, OneTreck is likely to collect the Customer's personal
data, in application of Law n°7817 of January 6, 1978 relating to information technology and civil liberties, as
well as Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016, OneTreck undertakes to collect only the information that is strictly necessary for the execution and operation of the
Platform and access to the Products ordered.
The personal data stored is solely necessary for the proper
operation of the Platform and access to the Products ordered. In particular, it corresponds to Users' surnames,
first names and e-mail addresses, as well as to the Customer's identifying information.
Customers have
the right to access, oppose and rectify information concerning them. On request, this information may be
communicated to them and, in the event of error or modification, rectified. Under no circumstances will the
customer's personal data be passed on or sold to a third party without OneTreck's prior consent.
When ordering certain Modules, the Customer must upload Data. The Customer expressly guarantees that when Customer Data is uploaded to the Platform, it will not contain any directly identifying information.
OneTreck undertakes to implement the appropriate technical means to ensure the
security, integrity and confidentiality of the Data, and in particular to protect them against any accidental or
illicit destruction, accidental loss, alteration, unauthorized distribution or access, as well as against any other
form of illicit processing, or communication to unauthorized persons. To this end, Data will be hosted on a secure
server and backed up daily.
With regard to the security of Data, in addition to the specific measures
taken by OneTreck, it is the Customer's responsibility to ensure that the Customer Data he/she uploads via the
Platform is carried out in conditions of security and confidentiality that suit him/her, taking into account the
different levels of access that he/she may define in his/her personal space.
Personal data necessary for the administrative processing of Orders will be kept for a period of five (5) years from the last Order. OneTreck does not keep unnecessary data, and Customer Data will be deleted each time a Product is no longer available.
OneTreck is and remains the owner of the property rights relating to all software
and databases implemented as part of the Platform, and more generally to its IT infrastructure implemented or
developed as part of the Platform.
The provision of Products on the Platform does not give the Customer
any right of ownership over them.
The Customer may not reproduce any element of the Platform or the
Products available on the Platform, or any documentation concerning them, by any means whatsoever, in any form
whatsoever and on any medium whatsoever.
The Customer shall not, directly or indirectly through third
parties, modify, alter, decompile, disassemble or reverse-engineer all or part of the Products.
All
skills, knowledge, know-how, tools (especially software), processes, methods and data used, pre-existing or
developed remain its property and may be freely used for the benefit of its other customers or for its own account.
Neither Party may be held liable for any delay in the performance of its obligations
or for any failure to perform, where the delay or failure to perform is attributable to a case of force majeure, as
defined in article 1218 of the French Civil Code, i.e. an unforeseeable, irresistible event outside the control of
the Party concerned.
Should the force majeure event persist for more than one (1) month, the Parties will
have the option of terminating the Subscription, it being the responsibility of the most diligent Party to assert
this option by sending the other Party a registered letter with acknowledgement of receipt.
These General Terms and Conditions are by their nature subject to change. OneTreck remains free to modify these GTC, provided that it informs the customer in advance by any means.
Such
changes shall come into force 30 days after OneTreck has informed the customer.
In the event that any of the provisions of these GTC are annulled by a competent authority, said provision shall simply be deemed unwritten, all other provisions retaining their force between the Parties.
These terms and conditions are governed by French law. For any dispute relating to the interpretation, validity, performance and termination of the GTCS, and in the absence of amicable agreement, the Tribunal de GRENOBLE will have sole jurisdiction, even in the event of a warranty claim or multiple defendants.
