Legal conditions
Publisher:
PIERRE FABRE MEDICAMENT, Société par Actions Simplifiées, a simplified joint stock company with a share capital of €567,254. Head office: 45 place Abel Gance, 92100, Boulogne Billancourt, France. Registered with the Nanterre companies registration office under the number B 409 067 006. VAT number: FR 01409067006 – Tel: 33 (0)5 63 58 88 00.
Entity legally responsible for the website:
PIERRE FABRE MEDICAMENT
Web developer:
to contact the webmaster, click HERE: tds@wanadoo.fr
Hosting provider: CIS VALLEY, Société Anonyme Simplifiée, a limited company with a share capital of €2,500,000. Registered with the Bordeaux companies registration office under the number B 410 100 747. Head office: Chemin de l’Hermite, BP 70081, 33523, Bruges, France.
Credits:
Design, creation, photos: © TDS – Photo: © ISTOCK – TERRES DU SUD, 35 Rue Gaston Doumergue, 31170, Tournefeuille, France. VAT number: FR 96 409 248 945. Registered with the Toulouse companies registration office under the number 409 248 945. Siret business identification number: 409 248 945 00027. Owner: Bérangère Parent. Tel: 33 (0)5 62 13 56 30.
Design, editorial content, photos: European task force of experts, with the support of PIERRE FABRE MEDICAMENT.
TERMS OF USE OF IHReS WEBSITE
ARTICLE 1 – PURPOSE OF THE TERMS OF USE
The purpose of these Terms of Use is to define the conditions for accessing and using the website at the address ihscoring.com (hereafter the “Website”) owned by PIERRE FABRE MEDICAMENT® (“PFM”). By reading these Terms of Use, the user (hereafter the “User”) indicates their agreement to be bound by them.
The Terms of Use apply to any User who connects to the Website. If the User does not agree to the Terms of Use, PFM kindly asks them to leave the Website.
If the User is a minor, they undertake to view the Website only in the presence of their parents or a guardian who has indicated prior agreement to the Terms of Use.
The Website may be viewed and used for personal, non-commercial purposes only.
The User broadly undertakes not to use the Website or any part thereof for illegal purposes (copyright) or for any purpose that contravenes the Terms of Use.
By viewing the Website, the User agrees to comply with the Terms of Use as published on the date of use.
ARTICLE 2 – DESCRIPTION OF THE WEBSITE
The Website may only be accessed online.
It was created for healthcare professionals as a tool for differentiating between patients presenting with infantile haemangioma who require prompt referral to a center of expertise and those who require regular monitoring (hereafter the “Services”).
In accordance with article 4 below, the final decision to refer the patient to an expert center is up to the healthcare professional and the parents and not to PFM.
The Website in no way constitutes a contractual offer. It is free to use, offers nothing for purchase, and contains no form of advertising.
PFM does not guarantee the accuracy or exhaustiveness of the information published on the Website or of the Services. PFM will make the necessary rectifications. Furthermore, this information and these Services may be updated between the moment a User first sees them and the moment they read them. Consequently, PFM in no way guarantees that this information and these Services are accurate, complete and up to date.
Unless expressly stipulated in provisions to the contrary, any new characteristic that improves or enhances an existing Service or Services, or any new service launched by PFM, is governed by these Terms of Use.
ARTICLE 3 – ACCESSING THE WEBSITE
3.1. Technical requirements
To access the Website, the User must possess the necessary hardware and software resources to use the Internet. To access the Website via a computer, tablet or mobile phone (hereinafter the “Device”), the User must possess an appropriate high-speed Internet connection or a telephone contract that enables Internet access via a computer, a tablet or a compatible mobile phone, such as a smart phone (iOS or Android), WAP connection, Wi-Fi, or 3G/4G.
The User acknowledges that the terms of their contract with their Internet or mobile phone provider continue to apply while they are using the Website. The User alone is liable for any fees charged by the provider in relation to accessing the Internet connection services, Wi-Fi, WAP and/or 3G/4G and using the Website.
While using the Website, the User undertakes not to impede or disrupt the operation of the Website, servers and/or networks; not to modify, adapt or pirate the Website; and not to modify an application or third-party website in such a way as to create confusion regarding its connection with the Website.
The User is aware of the constraints and limitations of Internet networks and telecommunications and therefore undertakes to:
• protect their Device against any form of virus or any unauthorized attempt at intrusion, access and/or use by third parties;
• ensure that their Device is installed, used and maintained in the necessary ways to enable the Website to function properly.
3.2. User obligations
The User acknowledges that the Service is provided “as is”.
The User undertakes to use the Website in accordance with the purposes laid down in the Terms of Use, not to distort the purposes of the Website, and not to attempt to attract Users to any other service.
While using the Website, the User undertakes not to infringe current laws and regulations, particularly those pertaining to intellectual property, and not to impair the proper functioning of the Website.
PFM, or any person or entity designated by PFM, has the right to delete or remove any content that violates the terms of these Terms of Use, that violates current regulations, or that may in any other way be reprehensible.
The User undertakes not to:
• Download, send or communicate by email or by any other means any content that is illegal, harmful, threatening, abusive, defamatory, vulgar, obscene, hateful, or racist, that constitutes harassment, that threatens the privacy of others, or that is reprehensible in any other way;
• View, display, download or communicate any content that may infringe current laws in the country where the Website is viewed, particularly those relating to intellectual property;
• Attempt to mislead other Users by usurping the name or business name of other people, particularly by impersonating an employee or an affiliate of the PFM service, a moderator, a guide or a hosting provider;
• Download, display or communicate by email or by any other means any content containing computer viruses or any other code, file or program designed to disrupt, destroy or limit the proper functioning of any computer software or telecommunication tool, this list being non-exhaustive;
• Download, display or communicate by email or by any other means any violent content or any patent, registered trademark, trade secret, intellectual property right or any other right of ownership belonging to others;
• Disrupt the normal flow of dialogue or increase the scroll speed of the screen such that Users cannot follow or type their dialogue, or do anything that has a similar disruptive effect on the ability of Users to communicate in real time;
• Impede or disrupt the Service or the servers and networks connected to the Service, or refuse to comply with the necessary conditions, procedures, general rules or regulatory provisions applicable to the networks connected to the Service;
• Harass any other User or Users in any way;
• Collect and store personal or identification data relating to other Users.
3.3 Registration
There is no plan for registration on the Website.
ARTICLE 4 – USE OF ADVICE DISPENSED ON THE WEBSITE
Advice on the management of diagnosed cases of infantile haemangioma is made available to the User on the Website (hereafter “Advice”). This does not imply any transfer of ownership of the Advice. The User is granted non-exclusive access to and use of the Advice for their private use only. For this reason, the User is forbidden to copy or reproduce any or all of the Advice by any means or in any format that exists now or in the future, to translate the Advice into any other language or form of communication, or to adapt the Website.
PFM cannot be held responsible for any direct or indirect repercussions and/or any loss or damage caused if the Advice is flawed or pirated.
Furthermore, PFM cannot be held liable for the Advice that will be dispensed to Users.
Lastly, PFM makes no implicit or explicit guarantee and assumes no responsibility in relation to the use of the Advice. The Advice is provided for information purposes only and must be confirmed by healthcare professionals who will make the final decision in consultation with the parents and who assume full responsibility for that decision.
ARTICLE 5 – GUARANTEES AND LIABILITY
5.1 Liability
The User alone is entirely responsible for use of the Website and Advice. They undertake to use the Website and Advice in accordance with their intended purpose.
PFM guarantees Users unimpeded use of the Website, and guarantees in particular that the Website is original and does not infringe any intellectual property rights held by third parties. PFM guarantees that the Website’s content complies with current French legal provisions and the industry standards that apply to websites.
The User undertakes not to voluntarily or even involuntarily introduce any virus, bug or file of any kind that disrupts the proper functioning of the Website. The User alone will be held fully liable for any such event.
To ensure that all parties are respected, PFM may take legal action against inconsiderate Users.
The User states and guarantees that they are perfectly aware of the nature and limitations of the Internet, and in particular that the transmission of data and information via the Internet cannot always be relied upon since this data and information moves through diverse networks with differing technical characteristics and capacities, and that this may, therefore, disrupt access or make it impossible at certain times.
PFM cannot be held liable for any damage that arises from the User’s connecting to the Website or using the Website and Advice.
PFM cannot be held liable for any errors, omissions, viruses or outcomes that may arise from misuse of the Services, Advice or Website, since PFM is bound by no more than a duty of best efforts.
PFM and the directors and employees of PFM/Pierre Fabre Dermo-Cosmétique cannot be held liable for:
– damage of any kind that arises from connecting to, accessing or using the Website or Advice;
– damage that directly or indirectly results from viewing the Website or using the Services available on it;
– damage that directly or indirectly results from use of the Website, including any financial or commercial loss, any loss of business income, or the loss of the Website or data in any information system even if PFM is aware of the possibility of such damage.
In no way can PFM be held liable for any loss of information or the Services, nor for any deterioration arising from this Service. Any Advice or Service provided by the Website cannot be construed as a guarantee of any kind.
Subject to applicable legal and regulatory provisions, PFM cannot be held liable for any damage which arises from the use or impossibility of using the Website as well as, more broadly, from any event connected with the Website and/or any third-party website. Such damage includes, but is not limited to, loss of profit, clients, data or intangible assets.
5.2. Modification or discontinuation of the Website
PFM makes every effort to ensure that the Website is accessible 7 days a week and 24 hours a day but is bound by no obligation to achieve this. PFM may, therefore, interrupt access to it, particularly for maintenance or upgrading. PFM is in no way liable for any of these interruptions or for any resulting repercussions for the User or any third party.
PFM reserves the right to change or delete the Website without prior notice and without incurring any liability. The deletion or modification of the Website in no way justifies any compensation for the User nor any award of damages.
5.3. Guarantees
The User acknowledges and expressly accepts that:
• Their use of the Website and Services/Advice is at their own risk. The Service is provided “as is” and its accessibility depends on its availability. PFM makes no implicit or express guarantee relating to, but not limited to, the quality and compatibility of the Service with any particular use and the non-infringement of the terms of use of the Service by the Users.
• PFM does not guarantee that the Website or Services/Advice will meet the User’s expectations; that the Website or Services/Advice will be uninterrupted, appropriate, safe and free of errors; that the results that may be obtained by using the Services will be accurate and reliable; that the quality of all of the Advice, information and any other resources obtained by the User through the Service will meet their expectations; and that any defects in the software used, should any exist, will be rectified.
• Any resources downloaded or obtained in any other way while using the Service are at the User’s own risk. The User alone is responsible for any damage to their computer or any loss of data resulting from the download of these resources.
ARTICLE 6 – INTELLECTUAL PROPERTY
Unless otherwise stipulated in these Terms of Use, the Website and all items that appear on it (including texts, data, databases, graphs, logos, brands, company names, animations, images, videos, sounds, software and all other items) (the “Items”) are the exclusive property of PFM or of third parties that have granted PFM permission to use them, and are governed by French and international law on copyright and, more generally, intellectual property.
These Items are protected by authors’ rights, copyrights, brands, patents, database rights, trade secrets and/or all other intellectual property rights.
All reproduction, representation and public communication rights are reserved, including those to visual representations, photographs, images and symbols, or others. The reproduction of any or all of the Website in an electronic format of any kind is strictly forbidden without the express permission of PFM.
The brands and logos used on the Website are protected by copyright. Any reproduction of them constitutes copyright infringement. All rights are reserved. In accordance with Article L. 122-4 of the French Intellectual Property Code, any representation or reproduction without express permission, be it in whole or in part and by any means whatsoever, is illegal and constitutes a copyright infringement punishable by articles L. 335-2 and seq. of said Code.
The User is forbidden to sell, copy, rent, market, transfer, assign or in any other way grant, modify, or adapt the Website; to partially or wholly merge it with another piece of software; to translate it, decompile it or dismantle it; or to create any software or functions derived from the Website without the express written consent of PFM.
PFM grants the User a free, non-exclusive, non-transferable personal license to access, use and view the Website and the Items contained therein for their private use only. This right is granted for personal, private, non-commercial use only, on condition that all related notices regarding reproduction and intellectual property rights are retained. For this reason, the User is forbidden to copy or reproduce any or all of the Items in any way or in any format that exists now or in the future, to translate the Items into any other language or form of communication, or to adapt them.
Any other use of the Items is strictly forbidden and constitutes an infringement of the provisions of the French Intellectual Property Code.
Article 7 – HYPERTEXT LINKS
The User is hereby informed that PFM may provide links to external websites and/or applications that may or may not belong to the Pierre Fabre group. These websites and/or applications are independent of the Website.
PFM does not publish or verify the sources and content of these websites and/or applications or their links to other websites and/or applications.
The links to these websites and/or applications in no way constitute PFM’s approval, validation or support of the content of these websites and/or applications and especially of the use that may be made of that content.
PFM cannot therefore be held liable for the content, products, services, advertisements, cookies or other items on these websites and/or applications, or for any damage or loss, whether proven or alleged, as a result of or in connection with use of the information, services or data available on these websites and/or applications.
Only PFM may create hypertext links on the Website.
ARTICLE 8 – PERSONAL DATA
The User accepts that accessing and using the Website leads to the collection of personal data. This personal data will be retained for 13 months, which is the duration strictly necessary for use of the Website.
PFM hereby informs the User that the database likely to contain this personal data is processed in accordance with EU Regulation 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (the General Data Protection Regulation).
The personal data that the User communicates online is solely intended for use by PFM or by any other entity belonging to the Pierre Fabre group that is responsible for processing and retaining it. This data will not be communicated to any third parties except those hosting the Website or those involved in its content or management.
PFM undertakes that it will implement all reasonable measures at its disposal to protect the confidentiality of this personal data.
Personal data is automatically processed and may be used in the following ways:
– Statistical analysis: PFM compiles, studies and compares the personal data of Users to accurately determine the total number/frequency of visits.
Personal data will never be accessible to third parties. The data is encrypted to anyone who is not authorized to consult it. Hence the data collected and retained cannot be used to precisely identify any User.
PFM may be obliged to disclose personal information whenever it is necessary for identifying, apprehending or taking legal action against any User who may intentionally or unintentionally violate the rights or ownership of the Website, harm other Users of the Website, or harm any other person likely to suffer because of such activities.
PFM undertakes that it will implement all reasonable measures at its disposal to protect the confidentiality of this personal data.
The User has the right to access or rectify their personal data or to have it deleted, the right to restrict or oppose any processing thereof. To exercise these rights, the User can contact PFM at: dpofr@pierre-fabre.com.
PFM will take the necessary steps to respond to the User’s requests in a satisfactory manner. If for any reason the User deems PFM’s response to be unsatisfactory, PFM hereby informs the User that they may lodge a complaint with the CNIL, the French data protection authority.
PFM does not transfer any personal data beyond the borders of the European Union and will not transfer any data to third-party partners without the User’s express authorization. PFM handles any necessary formalities with the competent authorities concerning the protection of personal data.
PFM will respond to requests made by the User regarding their data, recent access to it, and any processing carried out on it within the deadlines stipulated by law.
For more information on the processing of their personal data, PFM hereby informs Users that they may consult PFM’s personal data policy at the following address: https://www.ihscoring.com/data-privacy-policy/
ARTICLE 9 – COOKIES POLICY
For more information about the use of cookies on the Website, PFM informs Users that they may consult the cookies table at the following address: https://www.ihscoring.com/data-privacy-policy/
ARTICLE 11 – SEVERABILITY AND NON-WAIVER
If one of the provisions of the Terms of Use is made null and void by a change in legislation or regulations or by a court decision, this does not in any way affect the validity of and compliance with the other provisions of the Terms of Use.
If one of the parties does not avail itself of any one of the provisions of these Terms of Use, this action cannot be construed as a waiver of the right to avail itself of this same provision at a later date.
If a provision of the Terms of Use becomes invalid, or if the Terms contain some flaw, the provision in question is replaced by the one legally interpreted as being its nearest equivalent.
ARTICLE 12 – MISCELLANEOUS PROVISIONS
The User states and acknowledges that they have read the Terms of Use. Use of the Website constitutes total and unconditional acceptance of all of the Terms of Use by the User.
For any questions regarding the Terms of Use, or any question or remark regarding the Website or their User Account, the User may write to the postal address indicated in the preamble.
ARTICLE 13 – MODIFICATION OF THE TERMS OF USE
The Terms of Use may be modified by PFM at any time. The User will be notified of these changes. Any use of the Website after notification of a modification implies acceptance of the Terms of Use. The Terms of Use that apply are, therefore, those in force on the Website on the date of use by the User. In the event of disagreement regarding modifications to the Terms of Use, the User undertakes not to access the Website.
If the Terms of Use are translated, only the French version is valid and applicable.
ARTICLE 14 – GOVERNING LAW AND JURISDICTION
The Terms of Use are governed by French law.
Any dispute that arises in connection with these Terms of Use will go to mediation before any legal action or arbitration.
If mediation fails, the dispute will be brought before the competent court of the jurisdiction of the Paris Court of Appeal.