1-Acceptance of the GCU and changes to the GCU
a-Acceptance of the GCU
By consulting the Site, you acknowledge that you have been clearly informed that this implies that you have taken cognizance of the said provisions and constitutes irrevocable acceptance of the present GCU.
Any use of and/or access to the Site must comply with these GCU. If you do not wish to accept these GCU, we ask you not to consult the Site.
By consulting the Site, you acknowledge that you have the skills and means necessary to access and use the Site.
b-Evolution of the GCU
The GCU applicable are those in force at the date of connection to and use of the Site by the User. Clinique CIC Suisse reserves the right to modify the content of these GCU at any time, in particular in order to take into account any changes to the Content and Services accessible via the Site, as well as any legal, regulatory, case law and/or technical developments.
Any changes made by Clinique CIC Suisse to the GCU will be brought to your attention by posting them online, and you may be invited to accept the modified GCU by checking the box provided for this purpose.
The GCU will be deemed to have been accepted without reservation by any User accessing the Site after they have been placed online. You are therefore invited to consult the CGU on a regular basis.
2-Purpose of the CGU
The purpose of the CGU is to determine the terms and conditions under which the Site and Services are made available by Clinique CIC Suisse and to govern the User's access to and use of the Services.
These GCU are accessible via the Site.
3. Legal information
View legal information.
Terms beginning with a capital letter in these CGU, whether used in the singular or plural, shall have the meaning given to them below:
- "CGU" refers to these general terms and conditions of use.
- "Content" refers to, but is not limited to, the editorial content of the Site's sections, the medical specialties of practitioners practicing within the Establishments, illustrations, graphic charters, trademarks (verbal and semi-figurative - with logo), visual content (videos, photographs and/or texts) and any other content accessible from the Site.
- "Facility" refers to a healthcare facility belonging to the Clinique CIC Suisse Group.
- "Clinique CIC Suisse" refers to the company CIC Groupe Santé SA, whose registered office is at Rue du Grammont 2, Clarens (1815).
- "Services" refers to the various functions and services offered by the Site.
- "Site" refers to the Internet site published by Clinique CIC Suisse. The Site provides access to the Content.
- "User" refers to a natural person of legal age and capacity, acting on his/her own behalf or on behalf of a minor for whom he/she has parental authority, browsing the Site.
5. Access to the Site
Access to the Site is reserved to Users. The Publisher reserves the right to request proof of age if you use certain Services. You agree not to use this Site or its Content for commercial, political or advertising purposes, or for any form of commercial solicitation, including the sending of unsolicited e-mail.
6. Site management
For the proper management of the Site, the Publisher may at any time :
suspend, interrupt or limit access to all or part of the Site, restrict access to the Site, or to certain parts of the Site, to a specific category of Internet users ;
remove any information that may disrupt the operation of the Site or contravene national or international laws, or the rules of Netiquette; suspend the Site in order to carry out updates.
7. Intellectual property rights
The Content (including, but not limited to, text, logos, graphics, photographs, animations, videos and drawings), as well as its tree structure, the organization of its sections and its Services, are the exclusive property of the Publisher, and may not be reproduced, distributed, used, modified, adapted or represented, in whole or in part, without the Publisher's prior written authorization, under penalty of legal action.
The Publisher grants you, the User, a personal right to use the Site, the Content and the Services, which is non-exclusive, revocable, non-assignable, non-transferable and free of charge solely for your personal needs, to the exclusion of any other purpose.
Consequently, you agree not to modify, adapt, modify, copy, translate, transcribe, arrange, compile, decompile, assemble, disassemble, transcode or reverse engineer all or part of the Site, Services and/or Content, make available to the public, transmit, commercially exploit and/or distribute in any way whatsoever, whether in exchange for payment or free of charge, in whole or in part, the Services, the Site, its Content or the computer codes that make up the Site and its Services.
None of the provisions of the GCU may be interpreted as an assignment, transfer, sale, concession, license, loan, lease or operating authorization granted directly or indirectly by the Publisher for your benefit on the Site, its Content and/or the Services. The Site and its Content are the full and entire property of the Publisher.
Any use of the Content and Services not expressly authorized under these GCU shall constitute an infringement of the Publisher's intellectual property rights or business secrets and may expose its author to civil and criminal legal proceedings.
The fact that the Publisher does not initiate proceedings as soon as it becomes aware of such unauthorized use does not constitute acceptance of said use and waiver of prosecution.
8. Obligations and responsibilities
8.1 Responsibilities of the Publisher
The Publisher is bound by an obligation of means in the context of the provision of the Site, its Content and Services, as defined in these GCU.
In particular, the Publisher is not liable for the direct or indirect consequences of decisions made by the User.
The Publisher will use its best efforts to ensure that the Site is accessible to the User at all times. However, access to the Site may be suspended, for a period which will be as short as possible, in the event of technical maintenance operations necessary to update, develop and/or correct bugs, without the Publisher being held liable in this respect and without consequently entitling the User to any compensation for the inconvenience caused. Maintenance work may be carried out without prior notice to Users.
Consequently, the Publisher declines all responsibility for any malfunctions that may occur on the Site, resulting in loss of data or unavailability of access to information produced on the Site.
The Site may also be suspended in the event of force majeure or the occurrence of an event beyond the control of the Publisher.
You are entirely responsible for the equipment you use to connect to the Site. You must take all appropriate measures to protect your equipment and your own data from viral attacks via the Internet.
The Publisher shall not be held liable for any damage resulting from :
use of the Site or any Service or Content accessible via the Site in contravention of these GCU;
non-compliance, in particular through negligence, with the rules laid down in the GCU regarding security (of your equipment, but also of your login and password);
malfunction of your mobile terminal/equipment from which you access the Site, or of your Internet connection;
to yourself, third parties and/or your equipment as a result of your connection to or use of the Site, and you waive any claim against it in this respect.
The Content is subject to change without notice. It is made available to the User without warranty of any kind, either express or implied.
The Publisher cannot guarantee the completeness and accuracy of the information on the site in the event of intrusion or modification by a third party.
In the event that the Publisher is the subject of amicable or legal proceedings arising from your use of the Site, the Publisher shall be entitled to recover from you all damages, sums, judgments and costs that may result from such proceedings. The User expressly acknowledges and accepts that he alone remains responsible for the use of the Services and Content made available by the Publisher via the Site.
8.2 User obligations and responsibilities
As a User, you expressly agree :
to browse the Site exclusively for personal, non-commercial use;
to respect the Publisher's intellectual property rights;
not to export the Site, merge all or part of the Site with other computer programs;
to refrain expressly from using software or devices likely to disrupt the proper operation of the Site, or to take any action likely to impose a disproportionate burden on the Publisher's infrastructures;
not to set up systems likely to pirate the Site and/or the Content in whole or in part, or likely to violate these GCU;
to inform the Publisher as soon as he becomes aware of any act of piracy, and in particular of any illicit or non-contractual use of the Site and/or the Content, whatever the means of distribution;
not to sell, rent, sub-license or distribute in any way whatsoever the Site and/or the Content to third parties.
If you wish to be contacted via the "Contact us" section, you must fill in all the mandatory fields on the form. In such cases, you guarantee that the data you provide will be accurate and compliant with current regulations.
The Editor is in no way responsible for the content, products or services offered on websites to which the Site may be linked by hypertext links or any other type of link.
The presence of hypertext links on the Site - regardless of whether or not the Publisher's prior agreement has been obtained - does not create joint liability between the Publisher and the owners of the other sites, as regards the content of the sites to which the User is redirected.
Failure to comply with these obligations constitutes a serious breach of your obligations, for which you may be held liable.
9. Hypertext links
The creation by you of any hypertext links to all or part of the Site is strictly forbidden, except with the prior written authorization of the Publisher, requested by e-mail from the following address: email@example.com.
The Publisher is free to refuse such authorization without having to justify its decision in any way whatsoever. Should the Publisher grant its authorization, it is in any case only temporary and may be withdrawn at any time, without any obligation on the part of the Publisher to justify its decision.
In all cases, any link must be withdrawn at the Publisher's request.
Any information accessible via a link to other applications or sites is provided under the exclusive control of the publisher of the application or site concerned, and the Publisher does not control such content and declines all responsibility in this respect and for any reason whatsoever.
10. General provisions
10.1 Partial invalidity of a stipulation
If any clause or provision of these CGU is held by a court of competent jurisdiction to be illegal or invalid, the invalidity of such clause or provision shall not affect the validity of the remaining provisions of these CGU.
10.2 Convention of proof
The computerized registers kept on the Host's servers, in conditions of security such as to guarantee their integrity, constitute proof of the actions, exchanges and notifications that take place with the User for the purposes of implementing the Services.
Similarly, the use of an electronic signature, based on the use of a login/password, is considered a valid electronic signature and proof of the User's consent within the meaning of the aforementioned provisions, which the User fully acknowledges and accepts.
12. Applicable law - Disputes
Any dispute or disagreement relating to the performance or interpretation of these GCU which cannot be settled amicably shall be submitted to the competent courts.
13. Contact us
For any questions or information about the products presented on the Site, or about the Site itself, you can leave a message at the following address: firstname.lastname@example.org
Clarens, June 02, 2023