GENERAL CONDITIONS OF USE AND SALE

 

Introduction

Un Dixième, a simplified joint-stock company with a capital of 16,000 euros, whose registered
office is located at 20 bis rue Louis Philippe 92200 NEUILLY SUR SEINE, registered in the
Nanterre Trade and Companies Register under number 880 103 924 (hereinafter « Un Dixième »
or « BAKUP » or the « Company »), publishes an information and networking platform for travelers
and healthcare professionals, accessible at www.mybakup.com (hereinafter the « Site »),
providing access to various information and additional services, detailed below (hereinafter the
« Services »).


The present General Conditions of Use and Sale describe the conditions under which any
Internet user (hereinafter « the User ») can, according to the conditions below, access the Site,
register in a personal space, and benefit from the Services.


In this respect, the Site offers the User:

 
• The consultation of content and information on the Site, in particular maps indicating the
presence of health professionals in a given territory, it being specified that access to the
complete and detailed contact details of these health professionals is only possible
subject to registration on the Site and subscription to the Services;

• different Services, subject to prior registration and payment of the associated fees,
allowing him/her to benefit from specific services.


The Services include the following services:


• the possibility of identifying a health professional of a given specialty in a given territory;
• the possibility of being located in a specific place to find out about the various healthcare
professionals in the vicinity;

• the possibility to make an appointment with a given professional and to leave a review.
• The possibility of benefiting from online consulting services


The present General Terms and Conditions of Use and Sale (« GTCS »), subject to French law,
are intended to govern the use of the Site. Browsing the Site and/or registering for a Service
automatically implies express and unreserved acceptance of the GCU-CGV by the user of the
Site.


• In this respect, when registering on the Site via the registration form, each user
expressly accepts these GCU-CGV by checking the box preceding the following text: « I
acknowledge having read and understood the GCU-CGV and I accept them ».


In case of non-acceptance of the GCU stipulated in this contract, the User must renounce
access to the services offered by the Site. Likewise, the subscription to one or several paying
Services of the Site implies by right the express and unconditional acceptance of the GTC-SGC
by the User of the Site. BAKUP reserves the right to unilaterally modify the content of these
GTC at any time.


In case of non-compliance by the User with the terms of these GTC and/or GTC, BAKUP
reserves the right to take any measure to preserve its interests, including the deletion of the
User's account, without the User being entitled to claim any refund.

1- DEFINITIONS

« Subscription » means any subscription by a User for a price and a fixed or indefinite period to all
or part of the Services made available on the Site and in the Applications.


« Applications » means the mobile and tablet Applications published or to be published by BAKUP.


« Content » means all the information and publications accessible on the Site and in the
Application(s) and in particular the general structure, the texts, the images, animated or not, the
videos, the sounds, the maps, the hypertext links of which the Site is composed; the distinctive
signs, brands and logos constituting its graphic charter; and the associated databases as well
as their contents, including in particular: textual or numerical data, graphs, tables, photos,
videos, presentations, hypertext links.


« User Account » refers to the space made available to the User registered on the Site, allowing
him/her to access, after having identified himself/herself by his/her connection identifiers, the
Services to which he/she has subscribed.

 
« Online counseling service » refers to an online counseling service delivered under the exclusive
responsibility of a health professional, in compliance with his professional obligations and, if
applicable, those of the agreement, and freely chosen by the Internet user. The Online
Consulting Service is delivered after an appointment is made via the Site.


« User » means any Internet user connected to the Site.

2 - GENERAL CONDITIONS OF USE OF THE SITE

2.1 Rights and obligations of the Use

 

Conditions of participation

 

2.1.1 Creating a User Account


BAKUP allows any adult Internet user to open a User Account, allowing him/her to consult
information concerning his/her subscription and to subscribe to Services.

When opening a User Account, the User undertakes to provide accurate, up-to-date and complete information in the Registration Form, in particular his surname, first name, gender, nationality, languages spoken (including without mother tongue), telephone number and e-mail address.

Any entry of false, inaccurate, out-of-date or incomplete information or a user name containing inappropriate, disrespectful, defamatory, obscene or indecent language may result in the suspension and/or closure of the User Account.


The Services are for the personal use of Users and may not be used for the benefit of a
company or any other organization.

Commercial companies, and in general any organization or incorporated entity may not become Users.
The User will receive a confirmation of the creation of his User Account in the form of an email
sent to his mailbox.
The User undertakes in general to provide information that will allow BAKUP to ensure the
traceability of the User.

The User is solely responsible for the use of his User Account without being able to claim any fraudulent use by a third party against BAKUP.

 

The User is responsible for the confidentiality of his login data.


2.1.2 Identification of the User


The User provides his e-mail address and a password allowing him to connect to his account.
He can consult the Site with or without being identified.

However, identification is mandatory to access the Services, and in particular to make an appointment with a health professional.
 

2.1.3 Obligations of the User
 

The User agrees not to:


• Use the proposed service for any purpose that contravenes local, national laws of any
country, or community, public order and morality.

• Put online, record or transmit elements that may infringe the rights of third parties, and in
particular :

◦ Putting online, recording or transmitting elements protected by copyright,
◦ To put on line, to record nor to transmit infringing elements or presenting a secret
or confidential character.

◦ Put online, record or transmit elements containing commercial or business
secrets.

• To put online, record or transmit, in particular on the forum, obscene, violent, defamatory,
insulting, threatening, malicious, abusive elements with regard to any natural or legal
person, user of the service or not, or inciting to discrimination, to hatred of a person or a
group of persons because of their political opinions, their origin or their membership or
non-membership, real or supposed, to a specific ethnic group, nation, race or religion or
their sexual orientation.

• To put on line, to record nor to transmit elements which can undermine the presumption
of innocence of the people or the respect and the authority due to Justice.

• To put online, record or transmit elements of a pornographic nature and/or those related
to child pornography or harmful to the protection of minors.

• To put online, record or transmit elements that may undermine the security or integrity of
a State or territory, that may incite to commit a crime or an act of terrorism or that glorify
war crimes or crimes against humanity or that incite to suicide.

• To put on line, to record nor to transmit advertisements or commercial solicitations, nor
classified ads of any nature.

• To put on line, to record nor to transmit chains of e-mails or information of pyramidal
type.

• To put online, in the comments that it will be able to deposit on the professionals of
health of the data of health.

More precisely and concerning the discussion forum made available to the Users:


The Company does not carry out any a priori moderation of the remarks posted by the User in
the dialogue/forum spaces who remains fully responsible for the messages he/she publishes
and the consequences that could result from them.

The Company shall not be subject to any
recourse and/or action in relation to these messages.


Any User has the right to alert the Company, through the « Report abusive content » option, of any
contribution considered as not conforming to this charter or in a general way to any French or European legislation or regulation.

The Company will be free to decide what action to take in response to this alert, without any possibility of appeal.


Any User may also notify any contribution that he or she considers to be non-compliant with
these provisions, or in general with any French or Community legislation or regulation, in
accordance with Article 6. I. 5 of the LCEN.


In the event that the Company decides to delete the contentious contribution or to deactivate
access to the account from which it was published, the Company declines all responsibility
towards the Users concerned.


Each User may also request the modification or deletion of his or her own messages by sending
a request to the Site, indicating if possible the address of the page of the forum/dialogue space
concerned, the chosen User name, the title of the message, the date and time of publication as
well as the possible correction to be made.


It is specified that this deletion or modification of messages can only be carried out by the
Company and only on the Site; the Company not being able to act on the search engines for
which it is a question of an automatic indexation which does not concern the Company.
Right to delete or terminate access to chat rooms


In case of violation of the provisions of the present charter of use of the forum, of any French or
Community legislative or regulatory provision, or in the event that the Company considers that
its material and/or moral interests are being violated, it reserves the right:


• to refuse the contribution of the Users
• and/or to delete any User contribution that has already been published
• terminate the access rights of Users and prevent their further access to the
dialogue/forum areas.
• to close the commented space
The Company's decisions are irrevocable, and may be notified to the Users concerned.

 

2.1.3.1 Use of the contents
 

The User agrees that his or her contributions in the dialogue/forum areas may become public
information.
The User agrees that his or her contributions may be published, reproduced, modified,
translated, distributed, presented and/or displayed, alone or in combination with other works, in
any form, medium, or technology, now known or unknown.
The User grants other Users the right to access, display, store and reproduce the
communications for their own personal use, the Company being released from any liability in
this regard.
Finally, and in this context, the User is informed that BAKUP may take any necessary action
regarding a non-compliant comment, it being specified that THE COMPANY ASSUMES THE
ONLY LIABILITY OF A TECHNICAL INTERMEDIARY AS DEFINED IN ARTICLE 6 I 2 OF THE
LAW FOR CONFIDENCE IN THE DIGITAL ECONOMY WITH RESPECT TO CONTENT
FREELY PRODUCED BY THE USERS.


• Impersonate any other person or User.
Post, record or transmit any speculation or revelation regarding the identity of any User,
• or any information of a personal nature such as addresses, e-mails, telephone numbers,
health status, etc.

2.2 Termination of the user account


2.2.1 On the Company's initiative


Each User agrees that the Company may immediately terminate his/her access to the Site's
Services without notice or compensation of any kind whatsoever, in the event of a breach of any
of the obligations described in these GCU-CGV, or of the legislation in force.

Without limitation of the foregoing, the following in particular may be grounds for termination of the User's
registration
• breaches or violations of these GCU-CGV;
• non-compliance with a legal or regulatory provision in force;
• an attempt at unauthorized connection, by fraudulent use of the system or by usurpation
of authentication elements;
• a definitive impediment.


In particular, each User is informed that in the event of fraud in the use of the Site, or in the
event of behavior that does not comply with the laws in force with respect to third parties
(including health professionals) such as, in particular, insulting, violent, racist behavior,
incitement to racial hatred or violence, the Company may immediately terminate the User's
access to the Services under the above conditions.


2.2.2 At the initiative of the User


At any time, the User may terminate his or her Subscription by sending a request by email to
contact[at]mybakup.com.
The User is informed that the closure of his personal account will not lead to the automatic
deletion of his personal data nor to any right to reimbursement of the sums paid.

They will be kept in compliance with the requirements of the regulations in force, which the User expressly
accepts. The User's attention is also drawn to the fact that at the end of this action he/she will
no longer be able to access the Services

3- GENERAL CONDITIONS OF SALE OF THE SITE

3.1 Scope of application


The Site offers its User, free access on the Internet, access to content, such as the general
location of health professionals (non-specific, excluding addresses and contact details of health
professionals).
The Site is completed by a range of paying Services allowing the User a differentiated paying
access to the information which interests him, allowing him to obtain:


• The precise contact information of the health care professionals (address, telephone
number, office hours)
• The language(s) spoken by this health professional
• The price of the consultation,
The terms of payment,


• Each BAKUP Paid Service is detailed on the Site according to :
the content,
• the duration of the subscription,
• the price including all taxes.


In addition, in case of a promotional Subscription offer, BAKUP's offer will specify the specific
conditions of the offer, and in particular :
• the duration of the offer
• the duration of the commitment if there is one


By subscribing to the paid Services, the User declares to use the BAKUP Services in
accordance with the applicable law and the present general conditions.

 

3.2 Availability


BAKUP's Service offers and prices are valid as long as they are visible on the Site or on the
applications.

 

3.3 Price


Health professionals:
The use of Bakup services is free of charge for all healthcare professionals.
Users:
The prices of the paid Services are indicated in euro including all taxes. All orders, regardless of
their origin, are payable in euros.

BAKUP reserves the right to modify its prices at any time without notice.


The promotional subscription rates apply to the first subscription.


In case of a free subscription or re-subscription by direct debit, BAKUP may revise the amount
periodically debited for the subscription or re-subscription. In this case, BAKUP shall give prior
notice to the User within a period of time that allows the User to terminate the Subscription or
the renewal of the Subscription before the effective implementation of this revision.


3.4 Subscription and Management of Subscriptions


BAKUP makes its best efforts to provide the Users with the most complete information
concerning the paid Services offered on the Site and the Applications.

Access to the Paid Services is made by clicking on the corresponding offer, the conditions of
which are described, including possible price reductions.

Orders are placed online, by selecting the available paid Services offers, by creating a User
Account on the Site, and in particular by entering the requested data.

Payment security is provided by the Stripe secure payment service.

The Stripe platform does not communicate any financial information of the Customer to Bakup.

Confidential data is entered and transmitted encrypted on the Stripe servers.
Stripe provides the necessary payment tools for the subscription to the Services by the Users:
payment by credit card, Apple Pay, Google Pay.

Access to the Services may begin as soon as payment is validated, and are accessible only for
the duration of the Subscription.

Unless the User provides proof to the contrary, the records of Stripe and bakup shall be
considered proof of payment.
The same payment service provider may be used, where applicable, and in accordance with the
terms and conditions of that provider, to pay the Healthcare Professional remotely and in
advance.
The User is solely responsible for the effective payment of the purchased Service and
guarantees that he/she has the necessary authorizations to use the payment method in
question.


3.5 Access to the service


The User accesses the paid Services from his computer, tablet or Smartphone connected to a
telecommunications network allowing access to the Site.
The acquisition of this equipment, its maintenance and operating costs are the sole
responsibility of the User, and bakup has no obligation whatsoever in this regard.
The Subscription does not include the cost of the telephone call or the cost of the Internet
access provider.


3.6 Right of withdrawal


In accordance with Article L. 121-21 of the French Consumer Code, the User has a period of
fourteen (14) clear days to request a refund for his subscription to the services. This period runs
from the conclusion of the contract in the case of a subscription.

This period starts to run from the day the contract is concluded, this date being specified in the
Order confirmation e-mail.


The User may exercise his or her right of withdrawal before the end of the 14-day period,
without having to give reasons for his or her decision or incur any costs, as follows:


• By any statement indicating his unambiguous wish to cancel his Order (such as, for
example, by sending an e-mail to Bakup at contact[at]mybakup.com or a letter to

20 bis rue Louis Philippe 92200 Neuilly-Sur-Seine with a clear indication of his identity and
contact details (surname, first name - postal/telephone number) and his Order number;


• Or by using the model form below, to be sent to BAKUP, by post to the address

20 bis rue Louis Philippe 92200 Neuilly-Sur-Seine or by e-mail to the address contact[at]mybakup.com:
SAMPLE WITHDRAWAL FORM
(Please complete and return this form only if you wish to withdraw) To the attention of the
company UN DIXIEME- 20 bis rue Louis Philippe 92200 Neuilly-Sur-Seine - email : contact[at]mybakup.com

I, the undersigned (last name, first name), domiciled Postal Code City hereby notify you of my
withdrawal from the contract for the sale of the Service ordered through the Site.
Order number made on: / / User's signature
(only in case of notification of this form on paper): Date :
The User is hereby informed that :

 

• the use of the model of withdrawal form is not compulsory ;
• in order for the withdrawal period to be respected, it is sufficient for the User to send
BAKUP his communication concerning the exercise of the right of withdrawal before the
expiry of the 14-day withdrawal period.
The User is informed that he is free to start using the Service :
• at the end of the 14-day period and to tick the box indicating « I wish to wait for the
14-day period to expire before starting to use the Service » ;
• before the expiration of the 14-day period and check the box indicating « I agree to begin
using the Service and in the event that the service has been fully executed before the
end of the 14-day period, expressly waive my right of withdrawal ».
Checking this box is considered as an express request from the User to benefit from the Service
ordered before the end of the said withdrawal period and is equivalent to a waiver on his part to
demand any refund once the Service has been fully performed.

 

4 - INTELLECTUAL PROPERTY

BAKUP owns the intellectual property rights on all texts, comments, works, illustrations,
photographs, images, videos, sounds, plans, names, logos, brands, creations and various
protectable works reproduced on the Site (including the Applications). In this respect and in
accordance with the provisions of the Intellectual Property Code, only use for private use is
permitted, subject to different, even more restrictive, provisions of the Intellectual Property
Code.

It is however forbidden to the User, apart from this use, to copy, reproduce, disseminate,
sell, publish, exploit in any other way and disseminate in any other format in electronic or other
form the information present on the Site (including the Applications).

Consequently, any other
use constitutes an infringement and is punishable under intellectual property law, except with
the prior authorization of Bakup.


Any total or partial reproduction of the Content of the Site and/or the Application is strictly
forbidden.

 

The User therefore undertakes to :


• not to download the Elements except for personal use and limited in time;
• not to print the downloaded Elements on paper unless these copies are strictly limited to
personal use

• not to reproduce the digital version of the Elements for the purposes of press reviews, the
distribution of one-off copies, or the making of documentary copies
• not to alter, modify, move, remove or replace the Elements.


Finally, in accordance with the provisions of Law No. 98-536 of July 1, 1998 transposing into
the Intellectual Property Code Directive 96/9 EC of March 11, 1996 on the protection of
databases, BAKUP is the producer and owner of all or part of the databases, their structure and
content, which make up the Site or which are produced as part of the implementation of the
Services, subject to the rights held by its Partners, where applicable.

By accessing the Site, the User acknowledges that the data composing it or produced within the framework of the implementation of the Services are legally protected, and, in accordance with the provisions of the aforementioned law of July 1, 1998, he/she is prohibited from extracting, reusing, storing,
reproducing, representing or preserving, directly or indirectly, on any medium whatsoever by any
means and in any form whatsoever, all or a qualitatively or quantitatively substantial part of the
content of the databases appearing on the Site to which he/she has access, as well as the
repeated and systematic extraction or reuse of qualitatively and quantitatively insubstantial
parts, when these operations clearly exceed the conditions of normal use.


It is reminded that the violation of BAKUP's intellectual property rights constitutes an offense of
counterfeiting punishable in France by the Intellectual Property Code and liable to three years
imprisonment and a fine of 300,000 euros.

5 - PERSONAL DATA

BAKUP, the company that publishes the Site and, where applicable, the Application, respects
the privacy of its Users. In this respect, it undertakes to ensure that all the information it collects,
in particular concerning the use by the User of the e-commerce service in order to purchase or
obtain a Service from the Site, allowing the User to be identified, is considered as confidential
information.
In this respect, BAKUP respects the law « Informatique & Libertés » n° 78-17 of January 6th 1978
modified, as well as the general regulation on data protection (RGPD).


The information collected on the Site is recorded in a computerized file by the Company, whose
contact details are given at the top of this document, for the purpose of offering the User the
Services provided for herein.


The Company acts as the Data Controller for the use of the Site. The legal basis for the
processing is the execution of the contract to which the User has consented.


The data collected will be communicated only to the following recipients: [the health
professionals concerned by the appointment requests, the health data host (HDS) Euris].
The data is kept for the duration of the contractual relationship with the User.

However, the Company does not intend to keep health data within the meaning of the applicable law, and if such data were communicated to health professionals, the latter would then be considered as
the data controller.


The User (hereinafter « You ») may access the data concerning him/her, rectify it, request its
deletion or exercise his/her right to limit the processing of your data.

You may withdraw your consent to the processing of your data at any time; You may also object to the processing of your data;

You may also exercise your right to the portability of your data.

Consult the cnil.fr website for more information on your rights.


To exercise these rights or for any question about the processing of your data in this system,
you can contact 1 boulevard Gambetta, 30100 Alès, 04 66 30 00 00
https://www.bsi.fr/nous-contacter/
If you believe, after having contacted us, that your rights « Informatique et Libertés » are not
respected, you can send a complaint to the CNIL www.cnil.fr
In accordance with the legal provisions in force, requests must be presented in writing and must
be accompanied by proof of identity.

The request must specify the address to which the reply must be sent.
With regard to the subscription to the Paid Services, the User is informed that his personal data
will be transmitted to BAKUP's management providers. The User can get information about the
privacy policy directly from BAKUP.


If the User has given his consent at the time of his registration, his personal data can also be

6 - USE OF COOKIES

During the consultation of the Site, cookies are deposited on the User's computer, mobile or
tablet.


This section allows the User to better understand how cookies work and how to set their
parameters, it being specified that an information banner is displayed when the User connects
to the Site, in order to inform him/her prior to the deposit of these cookies: - the precise purpose
of the cookies used;
• of his right to access the data collected;
• of the need to consent to the deposit of cookies for the improvement of his navigation
and for the display of advertising and the possibility of opposing the deposit of cookies;
• the methods allowing him/her to change the parameters (internal settings, opposition to
tracking, or browser settings) for the deposit of cookies whose purpose is to access
information already stored in his/her terminal, if applicable.
Via the banner, the User is invited to express his consent to the deposit of cookies for the
purpose of accessing information already stored in his terminal, if applicable.


Definition of a cookie
A cookie is a small data file copied to your computer's hard drive by a website. It records
information about your computer's navigation on a site (such as the pages visited or the dates
and times of consultation), which can be read during your subsequent visits to the Site.

BAKUP may send cookies when you visit the Site or when you register for an online Service.
The different senders


BAKUP cookies
These are cookies placed by the Site on your terminal to meet the needs of navigation,
optimization and personalization of services on our site.


Third party cookies
These are cookies placed by third-party companies (for example, partners) to identify your
areas of interest and possibly personalize the advertising offer that is sent to you on and off the
Site. They may be deposited when you browse the Site or when you click in the advertising
spaces of the Site, it being specified that only the cookies whose deposit you authorize will be
effectively deposited on your consultation terminal.


Within the framework of partnerships, we ensure that partner companies strictly respect the
French Data Protection Act of January 6, 1978, as amended, and undertake to implement
appropriate measures to secure and protect the confidentiality of data.


Setting up your internet browser
You can at any time choose to deactivate these cookies within the framework of the dedicated
banner displayed on the Site. Your browser can also be set to notify you of cookies that are
being placed on your computer and to ask you to accept them or not. You can accept or refuse
cookies on a case-by-case basis or refuse them systematically.
We remind you that the setting is likely to change your conditions of access to our content and
services requiring the use of cookies. If your browser is configured to refuse all cookies, you will
not be able to use some of our services.


In addition to the options shown on the cookie banner, you can restrict the use of cookies by
modifying your browser setting:
In Internet Explorer:
• Click on the wheel icon in the browser toolbar and select Internet Options.
• In the options window, click on the Privacy tab.
• To enable cookies, move the slider to Medium or lower.
• To disable cookies, move the slider to the top to block all cookies.
In Firefox:
• Click on the browser menu button and select Options.
• Select the Privacy pane and go to the History section.
• In the drop-down menu next to Retention Rules: choose « Use custom settings for
history ».
• Check the « Accept cookies » box to enable cookies, or uncheck it to disable them.
In Chrome:
• In the top right corner, click More (the three vertically aligned dots) and select « Settings. »
• At the bottom of the list, click Advanced Settings.
• Click Show Advanced Settings.
• In the « Privacy and Security » section, click on Content Settings and select « Cookies ».
• To enable cookies, select « Allow sites to save and read cookie data (recommended) ».

To accept only proprietary cookies, select Block all third-party cookies without exception.
• To disable cookies, deselect « Allow sites to save and read cookie data (recommended) ».
In Safari:
• Choose Safari > Preferences, then click Privacy.
• In the Block Cookies section, specify whether Safari should accept cookies from the Site
and under what circumstances.
If you want to restrict the use of cookies for another browser or on a mobile device, go to the
official web page of the browser or device manufacturer or consult the documentation they have
provided, and follow the instructions.

 

7 - WARRANTIES AND LIABILITY

The User uses the Bakup Services at his or her own risk. Bakup cannot guarantee that the
Services offered will not be interrupted in any way, and it is up to the User to take all precautions
before his or her departure in order to find out, independently of the Site, about the care, rescue
or emergency services or similar services present in the place where he or she is going.
IN NO EVENT SHALL BAKUP ASSUME ANY MEDICAL RESPONSIBILITY OR LIABILITY FOR
THE CARE AND/OR ADVICE PROVIDED AS A RESULT OF APPOINTMENTS MADE BY THE
USER THROUGH THE CONTACT INFORMATION PROVIDED ON THE SITE.
THE USER IS RESPONSIBLE FOR IMPLEMENTING ALL USEFUL AND RELEVANT
SECURITY MEASURES FOR THE PURPOSE OF PROTECTING ACCESS TO HIS/HER
PERSONAL ACCOUNT.
NO SERVICE OFFERED VIA THE SITE/APPLICATION ALLOWS FOR THE MANAGEMENT
OF EMERGENCY SITUATIONS: IF THE USER WISHES TO BE TAKEN CARE OF IN AN
EMERGENCY CONCERNING A VITAL AND/OR PSYCHOLOGICAL DISTRESS AND/OR ANY
OTHER SITUATION CONSIDERED AS URGENT, HE/SHE MUST USE THE SERVICES
ADAPTED TO THE PLACE WHERE HE/SHE IS AND THE SITUATION IN WHICH HE/SHE IS.


BAKUP's obligation to provide the Services is limited to an obligation of means.
In particular, BAKUP does not guarantee the competence of the health professionals referenced
on the Site, nor their aptitudes, diplomas, qualifications, experience, etc.


BAKUP undertakes to make its best efforts to secure access, consultation and use of the Site in
accordance with the rules of the art. Consequently, BAKUP cannot be held liable in the following
cases (including in case of damage suffered by third parties):
• momentary interruptions of the Site;
• operating difficulties or momentary interruption of the Site beyond the control of BAKUP,
in particular in case of interruption of the electricity or telecommunication services;
• failures or malfunctions of the Internet network in the transmission of messages or
documents;


The Services comply with the French legislation in force. BAKUP cannot be held responsible in
case of non-respect of the legislation of the country where the Services are used. It is the User's
responsibility to check with the local authorities the possibilities of using the Services or of using
the Paid Services to which he plans to subscribe.


Furthermore, the User remains solely responsible for any direct or indirect, material or
immaterial damage or harm, if it is caused by, based on or originates from the use of the Site by
the User or by any person authorized by the User to use the Site, whether such use is
fraudulent or not fraudulent. The user therefore expressly waives any claim or legal action
relating to such damages, on the basis of the contractual liability of bakup in its capacity as
publisher of this Site or on any other basis.


The User declares that he/she accepts the characteristics and limitations of the Internet and, in
particular, acknowledges:
• that he/she is aware of the nature of the Internet, in particular its technical performance
and the response times for consulting and querying the editorial content of the Site;
• that the communication of his possible access codes and precisely of his identifier and
password or in a general way of any information considered confidential is carried out
under his own responsibility;
• that it is up to him to take all necessary measures to ensure that the technical
characteristics of his computer allow him to consult the Site;
• that it is up to him to take all appropriate measures to protect his own data and/or
software from contamination by any viruses circulating on the Site.
• that it is up to the user to use his or her discernment when consulting health
professionals and to rely on his or her judgment as to whether or not to consult them.
In the case where the responsibility for bakup would be sought because of a failure by a User
with the obligations which fall to him under the terms of the law or of the present CGU/CGV, this
last is committed guaranteeing Bakup against any condemnation pronounced against him, this
guarantee covering as well the damages which would be possibly paid as the expenses relating
to it.


Bakup's liability is limited to the provision of the Services and does not arise from the use of the
Services by the User or from any consultations with health professionals.
DESPITE THE CARE TAKEN IN PROCESSING THE INFORMATION, BAKUP DECLINES ALL
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION PROVIDED ON
THE SITE/APPLICATION IT PROVIDES.
BAKUP CANNOT BE HELD RESPONSIBLE FOR THE INTERPRETATION OR USE OF THE
CONTENT AND INFORMATION DISSEMINATED THROUGH THE SITE/APPLICATION, NOR
FOR THE CONSEQUENCES THEREOF.
IN GENERAL, THE USER ACKNOWLEDGES THAT THE USE OF THE INFORMATION AND
FUNCTIONALITIES OF THE SITE IS DONE UNDER HIS SOLE CONTROL, DIRECTION AND
RESPONSIBILITY.
BEFORE MAKING ANY DECISION OR IN CASE OF DOUBT, IT IS THE USER'S
RESPONSIBILITY TO CONSULT THE COMPETENT AUTHORITIES AND PROFESSIONALS.


Hypertext links
The Company does not verify the content of sites that may be linked to the Site and is in no way
responsible for the content of sites to which links are made. Their presence does not mean in
any way that the Site adheres to or validates their content or accepts any responsibility for the
content or use of these third-party sites.

The links are proposed by the Company for information purposes only, without any qualification or certification of the sites concerned.

Each User accesses third-party sites under his or her sole and entire responsibility, including when links
have been proposed from the Site.

8 – FORCE MAJEURE

Any case of force majeure suspends the obligations of bakup arising from the use or
subscription of a Service. Neither BAKUP nor any third party involved in the provision of the
Service shall be liable for any failure or delay in the performance of their obligations under the
TOS/VAT resulting from causes beyond their control, including but not limited to acts of God,
acts of civil or military authority, fires, floods, earthquakes, riots, wars, acts of sabotage, network
failures, electronic file encoding errors, software limitations or inability to obtain
telecommunications services or governmental action, provided, however, that the parties
concerned shall take all reasonable steps to mitigate the effects resulting from such situations.

9 - AUTONOMY OF THE CLAUSES OF THE
GGU/CGV

In the event that any provision of these GTC/CS is deemed unenforceable under applicable law,
the User and bakup agree to renegotiate such provision in good faith in order to preserve the
economic position they enjoy as close as possible to that stated under the unenforceable
provision.


If they are unable to replace such provision in a mutually acceptable and enforceable manner,
such provision shall be excluded from these T&Cs, and the remainder of the T&Cs shall be
construed as if such provision were excluded and shall remain enforceable.

 

10 - COMPLETENESS OF THE AGREEMENT -
MODIFICATIONS - PROOF AGREEMENT

10.1 Entire Agreement :
The T&Cs/CGVs represent the entire agreement between the User and bakup.
BAKUP reserves the right to modify these GTC/CS at any time, in particular in order to comply
with any legal, jurisprudential, editorial and/or technical developments. BAKUP will inform the
User of the modifications by e-mail and will invite the User to give his agreement to the
modifications. In case the User does not accept the new GTC/CS, he will not be able to use the
Services anymore.
10.2 Evidence agreement - Electronic signature
The computerized registers kept in BAKUP's computer systems shall be considered as proof of
the communications and the various transmissions of written and electronic documents between
the Users and the Site, and BAKUP.

The User acknowledges and accepts that, after his identification, any expression of will through the use of the functionalities proposed within the Site, and in particular the acceptance of the GTC, the GTC and the selection of the Services, constitutes an electronic signature in the sense of the provisions of articles 1366 and following of the Civil Code, and manifests his consent by characterizing his proof. In accordance with the provisions of Articles 1366 et seq. of the French Civil Code, the use of an electronic signature,
based on a reliable identification process guaranteeing its link with the act to which it is
attached, is considered a valid signature and evidence within the meaning of the
aforementioned provisions.

The User may not challenge the admissibility, validity or probative
value of the elements in electronic format or medium mentioned above, on the basis of any legal
provision whatsoever which specifies that certain documents must be written or signed to
constitute evidence.

Thus, the elements considered constitute evidence and, if they are
produced as means of proof by BAKUP in any litigation or other proceedings, will be admissible,
valid and opposable in the same way, under the same conditions and with the same probative
force as any document which would be established, received or kept in writing.

11 - APPLICABLE LAW - JURISDICTION

THESE GCVS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH FRENCH
LAW.

THE LANGUAGE OF THE PRESENT GC/GVS IS FRENCH. THE FRENCH COURTS
HAVE EXCLUSIVE JURISDICTION, REGARDLESS OF THE PLACE OF RESIDENCE OF THE
USER AND/OR THE PLACE WHERE THE ORDER WAS PLACED.


It is reminded that in application of the provisions of Article L. 141-5 of the Consumer Code,
« the consumer may bring a claim, at his or her option, in addition to one of the courts with
territorial jurisdiction under the Code of Civil Procedure, to the court of the place where he or
she resided at the time of the conclusion of the contract or the occurrence of the harmful event »
and that in application of the provisions of Article L. 612-1 of the Consumer Code « Any
consumer has the right to have recourse, free of charge, to a consumer mediator with a view to
the amicable resolution of a dispute between him and a professional. To this end, the
professional guarantees the consumer effective recourse to a consumer mediation system.
The trader may set up his own consumer mediation scheme or offer the consumer recourse to
any other consumer mediator meeting the requirements of this Title.
Where there is a consumer mediator whose competence extends to all the businesses in a field
of economic activity to which he belongs, the professional shall always allow the consumer to
have recourse to it. »


In this case, the mediator appointed by BAKUP is the company LSF ADVISORY