(I) Terms : designates these general conditions of use.
(II) Personal Data : designates data which, within the meaning of the Regulations applicable to the protection of personal data, makes it possible to designate or identify, directly or indirectly, a natural person.
(III) Doctor : means any doctor or any specialized medical or clinical office registered on the Platform, who can be put in contact with a User from the Platform or whose User is already a patient whom the Doctor invites to use the Platform, with a view to define together, using the tools offered by UNIVERSKIN on the Site and the Platform and, in particular, the Questionnaire, a dermatological formulation of the products designed and manufactured by UNIVERSKIN, adapted to the User;
(IV) Platform :means the SkinXs platform available at the following address https://skinxs.com, published by UNIVERKSIN, which connects a Doctor and a User and, thanks to the software tools developed by UNIVERSKIN and in particular the Questionnaire, establish a dermatological pre-diagnosis aimed at assisting the Doctor in the diagnosis he will carry out, with a view to define a dermatological formulation of the products designed and manufactured by UNIVERSKIN, adapted to the User.
(V) Questionnaire : designates the form completed by the User on the Platform, intended to collect information relating to the User (called « qualifying data ») necessary for the establishment of the dermatological pre-diagnosis. The Questionnaire is made available to the User on the dedicated space of the Doctor registered on the Platform.
(VI) Regulations applicable to the protection of personal data : designates any regulations applicable to the protection of personal data and in particular Regulation (EU) n ° 2016/679 of the European Parliament and of the Council of April 27, 2016 known as « General Data Protection Regulation » or « GDPR » and the amended law n ° 78-17 of January 6, 1978 known as the « Data Protection Act ».
(VII) Site :means the website www.universkin.com published by UNIVERSKIN, the purpose of which is to present the products and services offered by UNIVERSKIN and to initiate the process of establishing contact between the User and a Doctor.
(VIII) User : designates any legal and capable natural person, having the quality of consumer in the sense given by law and jurisprudence, who visits the Site and / or the Platform and uses it, whatever the place where it is and how it is accessed.
The Terms constitute a contract between the User and UNIVERSKIN. Access to the Site and the Platform is subject to the express and unreserved acceptance by the User of the Terms. Failure to accept the Terms will mean that the User will be unable to access and use the Site and the Platform.
By using the Site and the Platform, the User expressly acknowledges and declares to have read the Terms, to have understood them, and to fully accept all their stipulations, without restriction or reservation.
UNIVERSKIN reserves the right to modify and / or update the Terms at any time without notice. The User will be informed of the new Terms when they next connect to the Site and / or the Platform. Access and use of the Site and / or the Platform will be subject to the Terms in force at the time of this access and use.
TERMS OF ACCESS TO THE PLATFORM
3.1 Creation of an Account
Access to the Platform requires that the User has been previously registered by the Doctor, from the dedicated interface of the latter on the Platform.
The Doctor sends a unique hypertext link to the Platform to the User who wishes to benefit from the services offered by the Platform, by email or SMS depending on the means of communication agreed with the Doctor.
The User is then invited to enter their email address and define a password. These elements will constitute his identifiers allowing him to connect to the Platform and access the Questionnaire.
By clicking on « Continue », the User thus expressly acknowledges having been informed of all the terms and conditions of use of the Platform and the processing of personal data operated in this context, and fully and freely accepting them.
The User then accesses the Questionnaire which he is invited to complete. Once the Questionnaire has been completed, the User will receive an email informing him that his Questionnaire has been sent to the Doctor for analysis. His doctor will then contact him again, under the usual conditions of their relationship.
UNIVERSKIN cannot under any circumstances be held liable for delay or inability to access the Platform due to incorrect or incomplete information communicated by the User to the Doctor or entered on the Platform by doctor. The User is invited to contact his Doctor in such a case.
The login credentials (username and password) of the User are personal and confidential. The User must keep these login credentials securely and agrees not to disclose them to third parties for any reason, in any way and in any form. The User also undertakes to ensure that after each session of use of the Platform, he disconnects properly.
In the event of loss, forgetfulness or theft of their authentication elements, the User must change their password as soon as possible by clicking on the « Forgotten password » button located under the login form. The User is then invited to create a new password.
In no case, UNIVERSKIN will be held responsible for the loss, theft or forgetting of the User's authentication elements or their fraudulent use. The User is solely responsible for accessing and using the Platform with its authentication elements
Access to the Site and the Platform requires that the User has computer hardware (PC, MAC, tablet or smartphone), a broadband internet connection and a web browser.
All costs relating to access to the Site and the Platform, whether hardware, software or internet access costs are exclusively borne by the User. The User is solely responsible for the proper functioning and appropriate securing of his IT equipment as well as his internet access.
3.3 Availability of the Platform
The Platform is accessible 24 hours a day, 7 days a week, subject to the occurrence of a case of force majeure or one of an event beyond the control of UNIVERSKIN and unless interruption, suspension or limitation in the context of operations maintenance and / or updates necessary for the proper functioning of the Platform.
UNIVERSKIN is only bound by an obligation of means regarding the accessibility, operation and availability of the Platform or its content. UNIVERSKIN reserves the right to interrupt, suspend or limit access to all or part of the Platform, in particular due to legal or technical constraints.
The User expressly acknowledges that the above-mentioned suspensions, interruptions or limitations may occur at any time without notice and that they will not give rise to any obligation or compensation for his benefit.
USE OF THE SITE AND THE PLATFORM
Given the nature and purpose of the Platform, it is up to the User to check the validity of the information he provides on the Platform, in particular the e-mail address and telephone number provided in the Questionnaire, as this information allows him to be put in contact with the Doctor. After having duly completed the entire Questionnaire, it is sent to the Doctor. Upon receipt of the form, the Doctor may contact the User at the email address or telephone number provided by the latter to arrange an appointment for a consultation. In this context, the User may be received by the Doctor himself or a member of his team.
In case of incorrect information, the Doctor may not be able to contact the User, without the responsibility for this falling to UNIVERSKIN.
In general, the User agrees to use the Site and the Platform in accordance with the Terms, in compliance with the laws and regulations applicable in France.
It is strictly forbidden to use the Site and / or the Platform for the following purposes:
— the exercise of illegal, discriminatory, fraudulent actions or acts which infringe the rights or security of third parties,
— breach of public order or violation of applicable laws and regulations,
— assistance or incitement, in any form and in any way, to one or more of the acts described above,
— and more generally any practice diverting the Platform for purposes other than those for which it was designed.
UNIVERSKIN may terminate the User's access to the Site and / or the Platform in the event of non-compliance with this article, without prejudice to any damages that UNIVERSKIN may request.
GUARANTEES AND RESPONSIBILITIES
UNIVERSKIN makes its best efforts to keep the Site and the Platform up to date and disseminate fair and reliable information. However, despite all the care and attention given to the drafting and dissemination of content and information, UNIVERSKIN does not guarantee the integrity, accuracy, completeness, timeliness, or other quality of the information disseminated on the Site and Platform. The information disseminated on the Site and the Platform is provided by UNIVERSKIN for strictly and exclusively informative and indicative purposes.
The Site and the Platform have no vocation to provide in any way whatsoever, advice on health or medical diagnosis and cannot replace the advice of health professionals and, in particular, the Doctor. Only competent health professionals are authorized to prescribe and / or dispense the appropriate treatment and determine its frequency and duration. The content of the Site and the Platform should not be interpreted as advice or a recommendation or a basis on which to base a decision, diagnosis, or action.
The User is the sole master of the proper use, with discernment and spirit, of the Site and / or the Platform. No advice and no information, whether oral or written, obtained by the User when using the Site and / or the Platform is likely to create guarantees not expressly provided for in the Terms or to entail the responsibility of UNIVERSKIN in the event of damage, of whatever nature, caused to the User or to third parties due to the improper use by the User of the Site and / or the Platform, in violation of the provisions of this article and more generally of non-compliance with the Terms.
The User is informed that access to the Site and the Platform implies knowledge and acceptance of the characteristics and limits of the internet, in particular with regard to technical performance, response times to consult, query or transfer information, the risks of interruption, and more generally, the risks inherent in any connection and transmission on the internet, the lack of protection of certain data against possible misappropriation and the risks of contamination by possible viruses circulating on the network.
Access to and / or use of the Site and / or the Platform is the sole responsibility of the User. The User is responsible for any damage to his computer system, as well as for the loss of data that could result from his use of the Site and / or the Platform. It is therefore the responsibility of the User to take all appropriate measures to protect his own data and / or software stored on his computer equipment, as well as the information he communicates to UNIVERSKIN on the Site and / or the Platform, against any infringement.
The Site and the Platform are made available « as is » and subject to their availability, without any warranty of any kind, implicit or explicit, from UNIVERSKIN. Without limiting the foregoing, UNIVERSKIN does not in particular give any guarantee of non-violation of the rights of a third party, fitness of the Site, the Platform or their contents for a particular use or suitability of the Site and / or of the Platform to the needs of the User, nor does it guarantee that they are free from anomalies, errors or bugs or that they will function without failure or interruption.
To the fullest extent permitted by applicable law, UNIVERSKIN expressly excludes its liability for any damage, direct or indirect, resulting from or in connection with access to the Site, the Platform, any of their content, their use, their malfunction or their unavailability whatever its nature and duration. UNIVERSKIN is responsible for the only direct damage that could be caused to the User due to the poor performance and / or non-performance of the obligations incumbent on him under the Terms.
The User acknowledges that UNIVERSKIN remains free to correct and / or modify the Site and / or the Platform at any time and without notice, without this correction and / or modification being able to give rise to any recourse on its part.
The responsibility of UNIVERSKIN cannot be engaged, in a general way, in all cases where the non-execution or the bad execution of the Terms would result from a case of force majeure or fortuitous event independent of its will.
The Site, the Platform (including their architecture, software and databases), the Questionnaire, the distinctive signs, name and logos used to designate the Site, the Platform or UNIVERSKIN (the « Protected Elements ») are protected by intellectual property rights (such as, in particular, all copyright, patent, trademark, database producer rights, and any other existing or future intellectual property rights, French and international) and belong to UNIVERSKIN or to third parties who have authorized UNIVERSKIN to use them.
The use of the Site and / or the Platform does not in any way confer on the User a property right and / or an intellectual property right over the Protected Elements, with the exception of a personal right of access, non-exclusive and limited exclusively to the use of the Site and / or the Platform in accordance with its object and in compliance with the Terms.
It is strictly forbidden to represent, reproduce and / or exploit the Protected Elements, totally or partially, in any form and by any means whatsoever, without the prior written consent of UNIVERSKIN. The User agrees not to copy, modify, assemble, decompile, alter, sell, rent, lend, distribute, or transfer all or part of the Site and / or the Platform, create derivative works from the Site and / or the Platform, authorize a third party to commit such acts, without the prior written consent of UNIVERSKIN.
Failure to comply with the provisions of this article constitutes a violation of the intellectual property rights of UNIVERSKIN and / or third party licensors and is liable to lead to civil and criminal proceedings.
PROTECTION OF PERSONAL DATA
The Site and the Platform may contain hypertext links to third-party websites. UNIVERSKIN has no control over the content of third-party websites referenced by hypertext links. These websites are published by third-party companies independent of UNIVERSKIN. UNIVERSKIN cannot therefore assume any responsibility for the content, advertising, products, services or any other information or data, available on or from these sites. Consequently, the User acknowledges being solely responsible for the access and use of these sites. UNIVERSKIN cannot be held responsible for any damage or loss proven or alleged consecutive or in connection with the use or the fact of having trusted the content, goods or services available on these sites.
The User is not authorized to create a hypertext link to the Site or the Platform. The creation of links to the Site or the Platform is only possible after prior and express agreement of UNIVERSKIN.
DURATION - TERMINATION
The Terms come into force from their acceptance by the User and for the entire duration of access and use of the Site by the User.
In case of use of the Site and / or the Platform by the User not in accordance with the Terms, in the event of the User's breach of the Terms, or more generally in the event of violation of the applicable laws and regulations, UNIVERSKIN may suspend or automatically terminate, without prior notice, without notice or compensation, all or part of the User's access to the Site, and / or to the Platform. UNIVERSKIN may pronounce this suspension or termination without prejudice to any other rights, actions and remedies available to it for the purpose of repairing the damage it may have suffered as a result of these failures.
The User is informed that UNIVERSKIN will notify its decision to suspend and / or terminate all or part of the User's access to the Site and / or the Platform to the Doctor.
Intuitu personae. The Terms are concluded intuitu personae. The rights and obligations resulting therefrom may in no case be assigned or transferred by the User, in any capacity whatsoever, without the prior written consent of UNIVERSKIN.
Disability. In the event that one of the clauses of the Terms is void due to a change in legislation or regulation or declared as such by a final court decision, this can in no way affect the validity and respect for others clauses of the Terms.
No waiver. The failure for one or the other of the parties to take advantage, at a given time, of any of the provisions of the Terms, cannot be interpreted in the future as a waiver of the rights it holds hereof.
Evidence agreement. The User acknowledges that the recordings and backups (including any connection data) made on the Site and / or the Platform will have full probative value between the User and UNIVERSKIN. Thus, these documents (including their date and time) will prevail between the parties to any dispute. The User therefore recognizes, in their contractual relations with UNIVERSKIN, the validity and probative value of e-mails. Likewise, notifications made via the Site and / or the Platform can be invoked against the User as evidence.
APPLICABLE LAW AND COMPETENT JURISDICTIONS
The Terms will be executed and interpreted in accordance with French law.
The Parties declare their intention to seek an amicable solution to any difficulty that may arise regarding the validity, interpretation or execution of the Terms. In the event of persistent disagreement, the dispute will be brought to the attention of the competent courts.
Notwithstanding the above, the User benefits in any event, in accordance with Articles L. 612-1 et seq. Of the Consumer Code, of the right to have free recourse to a consumer mediator for the amicable resolution of the dispute who would oppose it to UNIVERSKIN. To do this, they can contact: MEDICYS Mediation and Cyber-Services Center. The referral to the mediator must be made within a maximum of one (1) year from the date of the written complaint sent by registered mail with request for acknowledgment of receipt to UNIVERSKIN. The entry is made by simple mail at the following address: MEDICYS - 73, Boulevard de Clichy 75009 Paris or directly on the mediator's website, at the following address https://www.cnpm-mediation-consommation.eu/.
For any information concerning the Terms, the User can contact UNIVERSKIN by email sent to the following address: firstname.lastname@example.org or by clicking on the « Contact Us » button available on the Site.