GENERAL CONDITIONS OF USE AND SALE FOR HEALTH PROFESSIONALS

 

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 Terms and Conditions of Use and Sale describe the conditions under which any healthcare professional (hereinafter the "User") may, 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 connection with people wishing to consult a health professional in the place where the User is established;

  • The referencing of its practice on the Site, including its opening hours, its specialties, the languages spoken and the rates charged, subject to its prior registration.

 

The Services include the following services:

 

  • the possibility of being contacted by an Internet user;

  • the possibility of being located in order to allow the Internet users registered on the site to go to the User's home, including via a navigation system;

  • the possibility to make an appointment with the User and for the Internet users to proceed to a recommendation which will take the form of a "like", without written comment;

  • and in the future: the possibility of collecting payment for the consultation through an integrated payment system, the possibility of proceeding with a teleconsultation, access to a universal translator of medicines.

 

 PRICE:

 

Registration and use of the various BAKUP services is free for healthcare professionals.

 

The present General Terms and Conditions of Use and Sale, (hereinafter the "GTC-SGC"), 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 Site User.

 

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-CGV stipulated in the present contract, the User must renounce the access to the services offered by the Site.

 

BAKUP reserves the right to unilaterally modify the content of the present GTC-VAT at any time.

 

In case of non-compliance by the User with the terms of these GCU and/or GTC, BAKUP reserves the right to take any measure to protect its interests, including the deletion of the User's account.

 

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 (CGU)

2.1 Rights and obligations of the User

 

Conditions of participation

 

2.1.1 Creating a User Account

 

BAKUP allows any User to open a User Account, allowing him/her to consult the information concerning the 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 his mother tongue), medical or paramedical specialties for which he is qualified, opening hours of his practice, standard fee, telephone number, e-mail address, photos of his practice and/or himself, professional number, insurance number.

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 any entity other than the one in which the User carries out his professional activity.

When the User is an entity (clinic, hospital, medical practice), it will be up to him to refer on the Site and under his responsibility the practitioners of his choice.

 

The User will receive 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 enable 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 consult the appointments made with him by Internet users who have subscribed to the Site.

 

2.1.3 Obligations of the User

 

The User undertakes to have a valid insurance for his professional liability.

 

The User agrees not to :

  • Use the Services for any purpose that contravenes local, national or community laws, public order or good morals.

  • 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 online, 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.

  • Put online, record or transmit obscene, violent, defamatory, insulting, threatening, malicious or abusive elements towards any person or entity, whether a user of the service or not, or incite discrimination or hatred of a person or group of persons, particularly because of their political opinions, their origin or their real or supposed membership of an ethnic group, nation, race or specific religion or their sexual orientation.

  • To put online, 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 online, record or transmit advertisements or commercial solicitations, or classified ads of any kind, and in particular not to use the Site to promote a product, a service, a health establishment or generally for any advertising or promotional or professional purpose.

  • Post, record or transmit chain letters or pyramid schemes.

  • Impersonate any other person or User.

  • Post, record or transmit speculations or disclosures regarding the identity of any User, or information of a personal nature such as addresses, e-mails, telephone numbers, health status of users who have been connected with the User through the Site, etc.

 

Users are exclusively responsible for the online consulting services they provide to Internet users under the conditions defined by the regulations applicable to their profession.

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-C GV ;

  • non-compliance with a legal or regulatory provision in force, including the lack of a diploma or non-compliance with a prescription issued by a professional order regulating the User's activity;

  • an attempt at unauthorized connection, by fraudulent use of the system or by usurpation of authentication elements;

  • a definitive impediment (including the loss, temporarily or permanently, of the title authorizing the User to practice).

 

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 Internet users registered on the Site) such as, in particular, insulting, violent, racist behavior, inciting 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 after this action, the User 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 Internet users access to content, such as the general location of health professionals (it being specified that the consultation of this information is free for the first part, as long as it is not specific: no mention of the address and contact details of health professionals).

 

For his part, the User :

  • Can enter his contact information (address, telephone number, opening hours of the practice)

  • The language(s) spoken

  • The price of the consultation,

  • The terms of payment

  • And, according to the mentions existing on the site, to offer Services of on-line council.

This information is then displayed by the Site on a map, so that the Internet user who has registered on the Site can, by geolocating himself, identify which Users are in the vicinity and thus contact them.

In addition, in case of a promotional Subscription offer, BAKUP's offer will specify the specific conditions of the offer, and notably

  • the duration of the offer

  • the duration of the commitment if there is one

By subscribing to the 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 Subscription and Management of Services

 

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

 

It is specified that the Site may offer an integrated payment service to the Users.

 

Thus, in this case, the Company will be responsible for a collection mandate on behalf of the User, depending on the situation, or of the care facility hosting the User, within the framework of the prior conclusion of a prior service agreement with the Company.

 

Each User undertakes to reimburse the Internet patient for any amount due and collected, in the following cases

  • The Internet user did not show up for the scheduled appointment;

  • The appointment could not take place because of the User;

  • The patient informed the User of his cancellation before the appointment.

 

Under no circumstances does the Site include a function for managing claims for reimbursement of the remote consulting services from compulsory and/or complementary health insurance organizations and for producing/tele-transmitting medical forms, as these operations are the exclusive responsibility of the Users and/or the Internet users consulting them.

 

 

3.4 Access to the service

 

The User accesses the Services from his computer, tablet or Smartphone connected to a telecommunications network allowing access to the Site.

The acquisition of this equipment, its maintenance, the updating of its contact details/opening times, as well as the operating costs are the exclusive responsibility of the User, BAKUP having no obligation of any kind in this respect.

 

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. The legal basis for the processing is the execution of the contract to which the User has consented.

 

The data collected may be communicated only to the following recipients: BAKUP, the Internet users using the Site on a private or professional basis and the commercial partners such as the payment providers and the French Ministry of Foreign Affairs.

 

The data are kept for the duration of the contractual relationship with the User.

 

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 and 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 contact[at]mybakup.com, company Un Dixième, 20 bis rue Louis Philippe 92200 Neuilly-Sur-Seine.

 

If you believe, after having contacted us, that your "Data-processing and Freedoms" rights are not respected, you can address a complaint to the CNIL www.cnil.fr

 

In accordance with the legal provisions in force, requests must be made in writing and must be accompanied by proof of identity.

The request must specify the address to which the reply must be sent.

 

The User is informed that his personal data are transmitted to the management and payment service providers of BAKUP. The User can obtain information about the privacy policy directly from BAKUP.

 

If the User has given his consent at the time of his registration, his personal data (except for his bank details) may also be transmitted to third party partners of BAKUP who may send him promotional messages.

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

BAKUP cannot guarantee that the proposed Services will not be interrupted in any way, and it is up to the User to take all precautions in order to be identified by potential customers by other means than the Site.

 

UNDER NO CIRCUMSTANCES DOES BAKUP ASSUME ANY MEDICAL RESPONSIBILITY OR LIABILITY FOR THE CARE AND/OR ADVICE GIVEN AS A RESULT OF APPOINTMENTS MADE BY THE USER TO USERS OF THE SITE.

 

THE USER IMPLEMENTS UNDER HIS RESPONSIBILITY ALL USEFUL AND RELEVANT SECURITY MEASURES FOR THE NEEDS OF PROTECTING ACCESS TO HIS PERSONAL ACCOUNT.

 

THE USE OF THE SOLUTION BY THE USER WITHIN THE FRAMEWORK OF THEIR RELATIONS WITH THE INTERNET USERS USING THE PLATFORM DOES NOT DILUTE THEIR LEGAL, REGULATORY AND ETHICAL OBLIGATIONS AS WELL AS THEIR PROFESSIONAL RESPONSIBILITIES IN THIS RESPECT. THEY USE THE SOLUTION UNDER THEIR SOLE CONTROL, DIRECTION AND RESPONSIBILITY.

 

The obligation to provide the Services of BAKUP is limited to an obligation of means.

 

Likewise, the User is informed that the Internet users using the Site can leave a recommendation and exchange on a forum set up by the Site, It is specified that the Company assumes the sole responsibility of a technical intermediary as defined in article 6 I 2 of the law for confidence in the digital economy with regard to the content freely produced by the users of the site and that it shall not be held responsible for the comments produced by the latter.

 

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 the event 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 he is considering subscribing to.

 

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. He 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 his responsibility to take all appropriate measures to protect his own data and/or software from contamination by any viruses circulating on the Site.

 

In the event that BAKUP is held liable, in particular by an Internet user using the Site and having made an appointment, due to a breach by a User of the obligations incumbent upon him/her under the terms of the law or of the present GTC/CGV, the latter undertakes to guarantee BAKUP against any judgment pronounced against him/her, this guarantee covering both the damages and interest that may be paid and the related costs.

 

THE USERS ARE EXCLUSIVELY RESPONSIBLE, UNDER THE CONDITIONS DEFINED BY THE REGULATIONS APPLICABLE TO THEIR PROFESSION, FOR THE CONSULTING SERVICES THEY PROVIDE TO THE INTERNET USERS USING THE SITE.

 

BAKUP's liability is limited to the sole offer of the Services and shall not in any case be engaged because of their use by the User, nor of the consultations that could take place with the Internet users of the Site, nor of a default of payment by the latter.

 

DESPITE THE CARE TAKEN IN PROCESSING THE INFORMATION, BAKUP DECLINES ALL RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE INFORMATION PUBLISHED ON THE SITE/APPLICATION IT PROVIDES.

 

BAKUP SHALL NOT BE LIABLE FOR THE INTERPRETATION OR USE OF THE CONTENT AND INFORMATION PROVIDED ON THE WEBSITE/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.

 

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.

 

10.3 Disposal

 

The Company may assign these GTU-CGV, which constitute a contract, at any time, to any individual or legal entity of its choice. The User is not authorized to transfer the rights he/she has under these GCU to a third party without the Company's prior and express authorization.

 

12 - APPLICABLE LAW - JURISDICTION

THESE GCVS ARE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH FRENCH LAW. THE LANGUAGE OF THESE GC/GVS IS FRENCH. THE COURTS OF PARIS SHALL HAVE EXCLUSIVE JURISDICTION, REGARDLESS OF THE PLACE OF RESIDENCE OF THE USER AND/OR THE PLACE FROM WHICH THE USER HAS REGISTERED AND/OR USED THE SITE.

 

Without prejudice to the foregoing, it is recalled that health professionals, whatever their status, are also subject to the provisions of their respective codes of ethics and to the professional discipline of their Orders.