Terms and conditions of use
Legal information for the Eczema Foundation website
This website is funded by the Eczema Foundation, which is a Pierre Fabre Laboratories corporate foundation.
Eczema Foundation Hôtel Dieu Saint Jacques 2, rue Viguerie 31,025 Toulouse FRANCE
Doctor Georges Farah - President of the Eczema Foundation
Writing of news articles
- Dr Martine Avenel-Audran - dermatologist - (Angers University Hospital)
- Dr Magali Bourrel-Bouttaz, dermatologist and author of the blog mag-da.fr
- Dr Jean-Marc Chavigny, dermato-allergologist, Nantes atopy school, author of the book “Arrête de te gratter” [Stop scratching] (Éditions Edilivre) and president of the association “Un papillon contre l’eczéma” [A butterfly against eczema]
- Dr Daniel Wallach - Dermatology - (Cochin Hospital - Paris)
Website: https://www.fondationeczema.org (hereinafter the "Website") is financed by the Eczema Foundation, a corporate foundation of Pierre Fabre Laboratories. The Website does not display advertisements and does not accept or receive funds from advertising other than from founding members.
OVH, a simplified joint-stock company with capital of €10,069,020, registered at 2 rue Kellermann - 59100 Roubaix - France, under number 537 407 926, whose head office is located at 2 rue Kellermann - 59100 Roubaix - France
Website development & integration
Limoncello studio / PAM Studio
Chatbot BOTDESIGN - a simplified joint-stock company with capital of €180,000, registered with the Toulouse Trade and Corporate Register under number 828 737 676, whose head office is located at 3 Rue Bertrand Grill, 31400 Toulouse, France
Website General Terms and Conditions of Use
ARTICLE 1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE
The purpose of these general terms and conditions of use (hereinafter the "General Terms and Conditions") is to define the terms and conditions governing the use of and access to the Website owned by the Eczema Foundation (hereinafter the "EF"), which users (hereinafter the "Users") tacitly accept by consulting them.
If Users do not accept the General Terms and Conditions, the EF requests that these Users leave the Website. The General Terms and Conditions are governed by French law and may be amended at any time without prior notice. The Website is to be used and consulted exclusively for personal and non-commercial purposes. In general terms, Users are prohibited from using the Website, or any part thereof, for unlawful purposes (copyright) or for purposes in breach of these General Terms and Conditions. By consulting the Website, Users agree to comply with these General Terms and Conditions as they appear on the date of consultation. The General Terms and Conditions are enforceable against any Users who connect to the Website.
ARTICLE 2 - DESCRIPTION OF THE WEBSITE
2.1. The Website can only be accessed online at the following address: https://fondationeczema.org
The Website was created to provide Users with information on eczema, its symptoms, causes and treatments (hereinafter the "Information"). The Website provides non-contractual information and services only, such as the Chatbot which enables Users to communicate with a conversational robot, 7 days a week and 24 hours a day (hereinafter the "Services"). Since communication with the general public regarding medicines is governed by specific regulations, the Information and Services found on the Website shall not be used to provide medical advice, nor to replace a consultation with a healthcare professional. Similarly, the Information and Services provided shall not be construed as a recommendation to use products without consulting a doctor.
If you are under sixteen (16) years of age, you hereby declare that you have been authorized by your parents or legal representatives to provide the EF with your personal information, in order to access the Website and to receive communications from the EF. Inasmuch as this Website is updated taking all activities into account, it is possible that some new information or notices are no longer valid at the time of publishing, or that they have simply become outdated. The EF cannot guarantee that all new information published on this Website will be fully updated, although all necessary efforts will be made to do so.
The EF cannot guarantee the accuracy and exhaustiveness of the Information published on this Website. The EF will carry out all necessary amendments. The Information published and provided may also be updated between the time when Users first view it and the time they read it. The EF can in no way guarantee that this Information is exact, complete and up to date.
Users are fully and solely responsible for their use of the Website. The EF shall not be held liable for any consequences whatsoever resulting from the use of the Website.
Unless expressly stated otherwise, any new feature that improves or enhances one or several of the existing service(s) or any new service launched by the EF shall be subject to these General Terms and Conditions. Users accept the fact that the Service is provided to them "as is". Users undertake to use the Website in accordance with the purpose described in the General Terms and Conditions, and agree not to disregard the purpose of the Website or to attempt to redirect Users to another service.
2.2. Information and services are made available to Users on the Website.
This availability does not constitute a transfer of any of the property rights related to the Information and Services. Users are granted a non-exclusive license to consult and use this Information and the Services for their own private use only. In this regard, Users are prohibited from copying or reproducing all or part of the Information and Services, by any means whatsoever and on any existing or future medium, as well as from translating the Information and Services into any other language, or from modifying the Information and Services.
The EF shall not be held liable for any direct or indirect consequences and/or damage caused by defectiveness or piracy of the Information and/or Services. Furthermore, the EF is not bound by any obligation of result but rather an obligation of means with regard to the Information, Services and advice provided to Users.
The EF gives no guarantee, whether explicit or implicit, and shall not be held liable for the use of the Information, Services and advice, which are provided for information only.
For any further information and/or any questions, please contact us at the following address:
By e-mail: firstname.lastname@example.org / By post: Fondation Eczéma - Hôtel-Dieu Saint Jacques 2 rue Viguerie 31025 Toulouse, France
ARTICLE 3- METHODS OF ACCESSING THE WEBSITE
3.1. To access the Website, Users must have the hardware and software required to use the internet. To access the Website from a computer, tablet or mobile phone (hereinafter the "Hardware"), Users must have access to a suitable high-speed internet connection, a telephone package with internet access from a computer, tablet or mobile phone such as a smartphone (IOS, Android), and a WAP, Wi-Fi and/or 3G/4G connection.
Users acknowledge that the terms and conditions of their contract with the internet/mobile phone provider will continue to apply when they use the Website.
Users alone pay for all of the costs that a provider may claim for access to internet, Wi-Fi, WAP and/or 3G/4G connection services in order to use the Website.
During their use, Users shall refrain from impeding or disrupting the proper functioning of the Website, servers and networks and/or from modifying, adapting or pirating the Website and/or modifying a third-party application or website so as to create confusion regarding its link to the Website.
Users are aware of the constraints and limitations of the internet and telecommunication networks and therefore undertake to:
protect their Hardware from any form of virus, attempted intrusion, and unauthorized access and/or use by third parties;
ensure that their Hardware has been installed, is operated and is maintained so as to allow the Website to function correctly.
3.2. USERS' OBLIGATIONS
When using the Website, Users are prohibited from:
- using the Website or Services to engage in politics, propaganda or proselytism;
- diverting the Website from its purpose;
- conducting illegal activities, in particular by infringing the rights of holders related to text, photographs, images, videos, etc.;
- inciting other Users to use another service, whether or not it is a competing service;
- jeopardizing the Website's operation in any manner whatsoever;
- breaching intellectual property laws;
- breaching the laws and regulations in effect.
Users are prohibited from:
- downloading, sending or transmitting by email, or in any other manner, any content that is illegal, harmful, threatening or abusive, that constitutes harassment, that is defamatory, vulgar, obscene, hateful, racist or otherwise reprehensible or that compromises the privacy of others;
- consulting, displaying, downloading or transmitting any content that violates the laws in effect in France, particularly intellectual property laws;
- attempting to mislead other Users by usurping the name or corporate name of other persons, and, more specifically, by misrepresenting themselves as an employee or agent of the EF, or as a moderator, guide or host;
- downloading, displaying or transmitting by email, or in any other manner, any content that contains computer viruses or any other code, file or program designed to interrupt, destroy or limit the functionality of any computer software or telecommunication tool, the preceding list being non-exhaustive;
- downloading, displaying or transmitting by email or in any other manner any content that violates any patent, registered trademark, trade secret, intellectual property right or any other property rights (hereinafter the "rights") of others; • disrupting the normal flow of conversations, accelerating the screen's scrolling speed so that Users cannot follow and type their comments, or engaging in any other action that is similarly disruptive and impedes the Users' ability to communicate in real time;
- impeding or disrupting the Service, servers or networks connected to the Service or refusing to comply with the required conditions, procedures, general rules or regulatory terms applicable to the networks that are connected to the Service;
- harassing other Users in any manner whatsoever;
- collecting and storing personal or identification data relating to other Users.
The EF, or any person or entity designated by the EF, may delete or remove any content that breaches the terms herein and/or the regulations in effect and/or that is reprehensible in any other way.
Users also acknowledge the fact that they must exercise good judgment and accept all risks related to their use of the Information, Services and Website.
ARTICLE 4 – GUARANTEES AND LIABILITY
4.1. LIABILITY Users are fully and solely responsible for their use of the Website.
Users undertake to use the Website in accordance with its purpose. The EF guarantees that Users will benefit from the peaceful enjoyment of the Website and, in particular, that the Website does not breach any third-party intellectual property rights and that the Website is an original work. The EF guarantees that the Website complies with the French laws in effect. Users shall not, whether voluntarily or involuntarily, introduce viruses, bugs or any file of any type whatsoever that could disrupt the operation of the Website. In such cases, users shall bear all responsibility. In the interest of protecting all visitors to the Website, the EF may prosecute unscrupulous users. Users declare and guarantee that they are fully aware of the characteristics and constraints of the internet, and especially that transmission of data and information on the internet has relative technical reliability only, since it relies on heterogeneous networks with varying characteristics and technical capacities which hinder access or make it impossible during certain periods. The EF shall not be held liable for any damage resulting from a connection to the Website or a User's Website use. The EF shall not be held liable for errors, omissions, viruses or results that may be obtained through the improper use of the Information, Services or Website. The EF is bound only by an obligation of means. The EF and the executives and employees of PIERRE FABRE DERMO-COSMETIQUE shall not be held liable for:
- any damages whatsoever resulting from a connection, access or use of the Website;
- any damages resulting directly or indirectly from consultation of the Website or from use of the Services available on it;
- any direct or indirect damages resulting from use of the Website, and particularly for any operational, financial or commercial loss, or the loss of Website use or data from any information system, even if the EF was aware of the possibility of such damage; Subject to applicable laws and regulations, the EF shall not be held liable for any damage, in particular and without limitation, loss of profits, customers, data or intangible assets, that may result from the use or the inability to use the Website and, more generally, any event related to the Website and/or any third-party website.
4.2. WEBSITE MODIFICATION OR SHUTDOWN
The EF makes every effort to keep the Website accessible 24 hours a day, 7 days a week, but is under no legal obligation to do so. The EF may therefore interrupt access, particularly for maintenance and upgrades. The EF shall in no case be held liable for these interruptions and any resulting consequences for Users or third parties. The EF reserves the right to modify or delete the Website without prior notice and shall not be held liable in this regard. The deletion or modification of the Website in no way constitutes grounds for Users to claim specific compensation or damages.
Users expressly acknowledge and accept that:
- they use the Website, Information and Services at their own risk. The EF provides no guarantee that the Website and/or Information and/or Services will meet Users' expectations; that their use will be uninterrupted, timely, secure or error-free; that the results that may be obtained by using the Information and/or Services will be accurate and reliable; that the defects in the software used, if any, will be corrected.
- Any materials downloaded or otherwise obtained when consulting the Website and/or using the Information and/or Services is done so at the User's own risk. Users alone are responsible for any damage to their computer or loss of data resulting from the downloading of these materials.
ARTICLE 5 – INTELLECTUAL PROPERTY
Unless stipulated otherwise herein, all of the elements featured on the Website (including, in particular, text, data, databases, graphics, logos, brands, names, animations, images, videos, sound, software and any other elements) (hereinafter the "Elements") are the exclusive property of the EF and/or the third parties who have been granted a license thereto, and are governed by French and international laws on copyright and, more broadly, intellectual property.
These Elements are protected by copyrights, trademarks, patents, database rights, trade secrets and/or any other intellectual property rights. All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or any other representations. It is strictly prohibited to reproduce this Website or any part thereof using any electronic medium whatsoever, without express authorization from the Publication director. The brands and logos used on this Website are registered trademarks and the reproduction thereof constitutes an infringement. All rights of use are reserved. In accordance with Article L.122-4 of the Intellectual Property Code, any full or partial representation or reproduction using any process whatsoever without express authorization is illegal and constitutes a punishable infringement, pursuant to Articles L. 335-2 et seq. of the Intellectual Property Code.
Users are not authorized to sell, copy, rent, market, transfer, assign or otherwise grant, modify or adapt the Website, nor integrate it in whole or in part into other software, nor translate, decompile or disassemble it, or create any software or derivative features of the Website without the express written authorization of the Publication Director. The EF grants Users a free, non-exclusive, non-transferable, personal license for their private use only to access, use and view the Website and its Elements. This right is accorded for strictly personal, private and non-commercial use, subject to retaining all of the notices referring to the associated reproduction and intellectual property rights. In this regard, Users are prohibited from copying and/or reproducing the Elements in whole or in part by any means whatsoever and on any existing or future medium, as well as from translating the Elements into any other language and from modifying the Elements. Any other use of these Elements is strictly prohibited and constitutes a breach of the Intellectual Property Code.
ARTICLE 6 – PERSONAL DATA
ARTICLE 8 - NON-WAIVER AND PARTIAL INVALIDITY
If one of the provisions of the General Terms and Conditions is found to be null and void due to a change in the law, regulations or a court decision, the validity and compliance with the other terms of the General Terms and Conditions will in no case be affected. If one of the Parties fails to avail itself of any of the terms of the General Terms and Conditions, said failure does not imply the Party will again waive the same provision at a future time.
ARTICLE 9 - MISCELLANEOUS PROVISIONS
If one of the provisions of these General Terms and Conditions loses its validity or if it contains an omission, the provision in question will be replaced by that which most closely resembles it in terms of legal interpretation. Users declare and acknowledge that they have read the General Terms and Conditions, and that use of the Website implies Users' full and unconditional acceptance of all of the General Terms and Conditions. If Users have any questions regarding the General Terms and Conditions, or a question or comment about the Website or their User Account, they can write to the following address: email@example.com
ARTICLE 10 - AMENDMENTS TO THE GENERAL TERMS AND CONDITIONS
The EF may amend the General Terms and Conditions at any time. Users shall be notified of these amendments. Any use of the Website after notification of an amendment will constitute acceptance of the General Terms and Conditions. The applicable General Terms and Conditions shall then be those in effect on the Website on the date of use by the User. If a User disagrees with the amendments to the General Terms and Conditions, they undertake not to access the Website.
If the General Terms and Conditions are translated, only the French version is valid and applicable.
ARTICLE 11 - APPLICABLE LAW AND JURISDICTION
The General Terms and Conditions are governed by French law.
Any dispute that arises in relation to the General Terms and Conditions will be subject to mediation before any legal action or arbitration is undertaken. If mediation fails, the dispute shall be brought before the competent court within the jurisdiction of the Court of Appeal of Paris.
Last modification: [16/09/2020]