Terms and conditions of Service of the
effective as from April 9, 2012
ARTICLE 1 - LEGAL NOTICE
1.1 Editor You are currently connected to the visiocareconsult.com website, edited by the company Medi-Productions, simplified stock company, with a capital of 206 699 € registered under No. 331 891 978 000 57 at the RCS (Trade Register) of Limoges, and having its registered office at 5, rue Sainte Claire, 87000 Limoges (tel: +33 5 55 32 41 70 - email: email@example.com, - No. EU VAT: FR46 331 891 978, Publication Director: Philippe Moreau - Managing Editor: Christophe Vanhems).
1.2 Hosting Service Provider The website is hosted by OVH, having its registered office at 2 rue Kellermann, 59100 Roubaix, to be reached at: +33 9 72 10 10 07.
ARTICLE 2- DEFINITIONS
"Medi-Productions" means Medi-Productions as editor of the website and the Application. "Internet User" means any natural or legal person, governed by public or private law, connecting to the website. "Site" means the website available at the URL www.visiocareconsult.com, as well as the related sub-sites, mirror sites, portal and URL changes.
ARTICLE 3 - SCOPE
The Site is free access and of charge to any Internet User. Browsing the Site implies the agreement by any Internet User of these terms and conditions. A simple connection to the Site implies full and entire acceptance of these terms and conditions.
ARTICLE 4 - MEDI-PRODUCTIONS NEWSLETTER
By ticking the box provided for this purpose or by giving explicitly their agreement to that end, Internet Users accept that Medi-Productions shall send them, at a frequency and format of their choice, a newsletter including information about Medi-Productions’ business. When the Internet User ticks the box provided for this purpose, he agrees to receive offers from Medi-Productions for goods and services similar to those displayed on the Site. Online Customers are entitled to unsubscribe to the newsletter by clicking the link provided for this purpose, found in each newsletter.
ARTICLE 5 - PARTNERS NEWSLETTERS
The Customer, which has accepted the submission of personal information (and including email address) to third party partners of the Site, may receive newsletters issued by these partners, on a commercial or non-commercial basis, at frequency and format established by such partners. The Customer shall be at any time entitled to unsubscribe by clicking the link provided for this purpose, found in each newsletter issued by the said partners. Otherwise, the Customer shall unsubscribe by contacting directly one or more issuers of so-called newsletters. Medi-Productions shall in any circumstances be held liable for the content, data or format of the newsletters sent by the said partners, regardless of the harm allegedly suffered by the Customer. Any claim shall be addressed directly to the issuer partner of the newsletter.
ARTICLE 6 - DATA PROTECTION
6.1 CNIL Declaration – Data Controller Medi-Productions’ file including personal data of Internet Users and Customers has been registered at the CNIL under No. 1577622.
6.2 Voluntary Data Provision Internet Users shall freely provide personal information about themselves. Providing personal information is not necessary for browsing the Site.
6.3 Mandatory Data Provision for Registration On the other hand, registering on this Site involves the collection by Medi-Productions of a number of Internet Users' personal information. Internet Users who are not willing to provide information required for registration shall not be able to order on this Site.
6.4 Compliance with the Purpose of Collecting Personal Data The collected personal data shall be processed by computer and are exclusively reserved for Medi-Productions. The collected data are necessary for the proper administration of the Site, and for compliance with the contractual obligations by Medi-Productions. These data are stored by Medi-Productions solely to this purpose. Medi-Productions undertake not to use them in another context or pass them on to third parties, without the express agreement of the Customers or except as provided by law. The collected personal data are protected and shall not be subject to any transfer abroad.
6.5 Right of Access, Rectification and Opposition The particulars of all Customers registered on this Site are stored for one year, a reasonable delay necessary for the proper administration of the Site and of a normal use of the data. These data are kept under secure conditions, according to the current means of the technique, in accordance with the provisions of the French Data Protection Act of 6 January 1978. In accordance with this Act, Customers have a right to oppose, query, access and rectify the data they have provided with. To achieve this, they simply send a request to Medi-Productions, by email: firstname.lastname@example.org, or by mail to the address of the headquarters of Medi-Productions mentioned in article 1 of these terms and conditions.
ARTICLE 7 - COOKIES AND IP ADDRESSES OF INTERNET USERS
7.1.1 Reasons of the Implementation of cookies To allow all Internet Users a better browsing of this Site and a better service of the different interfaces and applications, Medi-Productions shall implement a cookie on the computer of the Internet User.
7.1.2 Purpose of Cookies Cookies can store information about the browsing of the Site (date, page, time), along with any data entered by Internet Users during their visit (search, login, email, password). These cookies are meant to be kept on the computer of the Internet User for varying periods up to one month, and may be read and used by Medi-Productions during a subsequent visit of the Internet User on this Site.
7.1.3 Faculty of Opposition of the Internet to the Implementation of Cookies The Internet User has the ability to block, modify the retention period, or delete these cookies through the browser interface (usually : tools or options / privacy or confidentiality). In this case, browsing this Site may not be optimized. If the systematic disabling of the cookies on the browser of the Internet User prevents him from using some Services, this dysfunction shall not, in any circumstances, constitute damage to the Customer who shall not claim any compensation thereof.
7.1.4 Deletion of Implemented Cookies Internet Users also have the option to delete the cookies implemented on their computer, by going to the menu of the browser for this purpose (usually : tools or options / privacy or confidentiality). Such act shall lose the benefit provided to the cookies to the Internet User.
7.2 IP Addresses
7.2.1 Definition and Collection of IP Addresses The IP address refers to a series of numbers separated by dots enabling the sole identification of a computer on the Internet. Medi-Productions reserve the right to collect the public IP address of all Internet Users. The collection of this IP address will be carried out anonymously. The IP addresses of Internet Users shall be retained for the time required by law.
7.2.2 Communication of IP Addresses Medi-Productions shall provide all personal data on an Internet User to the police upon summons or to to any person on court order. The IP address shall be compared with the actual identity of the Internet User in case of communication of this information by an Internet service provider.
7.3 Technical Issues - Hyperlinks In case of inability to access the Site, due to technical problems of all kinds, the Customer shall not claim for any injury and any damages. The unavailability, and even extended and without any time limitation, one or more online services, shall not cause harm to Customers and shall not give the right to damages from Medi-Productions. The hyperlinks on the Site may refer to other websites. Medi-Productions shall not be held liable if the content of these Sites contravene the laws in force. Similarly, Medi-Productions shall not be held liable if the visit by the Internet User of one of these Sites shall cause harm to him.
ARTICLE 8 - INTELLECTUAL PROPERTY
The content (text, images, diagrams ...), the structure and the software used to operate the Site are protected by copyright law and the database law. Any representation or reproduction in whole or in part without the consent of Medi-Productions or its successors or assigns shall constitute a violation of Books I and III of the French Intellectual Property Code and shall likely be prosecuted. The same applies for the translation, adaptation or transformation, arrangement or reproduction by any technique or process whatsoever. The published information is for reference only, without guarantee of accuracy. Medi-Productions shall not be held liable for an omission, inaccuracy or error contained in such information and which would be the source of a direct or indirect damage caused to the Customer.
ARTICLE 9.- GENERAL PROVISIONS
9.1 Governing Law These terms and conditions are subject to the French law.
9.2 Modifications of these Terms and Conditions These terms and conditions are subject to change at any time by Medi-Productions. The terms and conditions applicable to the Customer are those in force the day of the connection to this Site ; in that event, any new connection to the personal space constituting acceptance of the new terms and conditions.
9.3 Amicable Settlement of Disputes Unless law and order provisions, any dispute that may arise in connection with the execution of these terms and conditions shall be submitted before any legal action to Medi-Productions’ discretion in view of an amicable settlement.
9.4 Entirety Should one of the provisions of this agreement be invalid, the remaining provisions of the agreement or the agreement in its entirety shall continue to be valid and enforceable. In such case, the parties shall as far as possible replace the void provision by a valid provision that corresponds to the spirit and intent thereof. 9.5 Non Waiver The failure by Medi-Productions to exercise any rights conferred upon it by virtue of these terms and conditions in no way constitutes a waiver of such rights.