Last updated: 16 November 2021
- Definitions
The terms below will take the meaning given in this article when used with an uppercase letter in these TCU.
“Site” refers to the website accessible at the address http://www.ebma-europe.com/
“Association” means EBMA (European Bio Immune(G)ene Medicine Association), association of local law whose head office is located at 29, rue Charles Sandherr 68000 Colmar
“TCU” refers to these terms and conditions of use.
“User” refers to any person who uses the Site.
“Partners” designate third-party companies whose services may be presented on the Site.
- Presentation
The TCU are proposed by the Association.
The TCU are intended to explain the terms of access and use of the Site.
The director of publication of the Site is Dr. Gilbert GLADY.
The Site is hosted by OVH – 2 rue Kellermann – 59100 Roubaix, www.ovh.com
Any User of the Site must read the TCU and accept them, insofar as they apply to any use of the Site. In any event, any use of the Site is governed by these TCU.
These TCU may be modified at any time and at the discretion of the Association.
Users are invited to regularly consult the http://www.ebma-europe.com/ website in order to be informed of any changes.
- Purpose of the TCU
The purpose of these TCU is to define the terms and conditions under which Users can access and use the Site.
Anyone who accesses the Site agrees to become familiar with these TCU and to comply with them without reservations when using it.
The Association is free to modify these TCU at any time without notice, in particular to take into account any legal, jurisprudential, editorial and/or technical developments. The version that prevails is the one that is accessible online.
The applicable TCU are those in effect as of the date of connection and use by the Users.
- Description of the Site
On the Site, the Association provides a presentation of the services it is able to offer to its customers.
Therefore, the Site is intended to be a showcase for the Association as well as a space for discussion between the Association and Users, if applicable.
The Association does not claim to offer an exhaustive presentation of its products and services. It reserves the right to modify the Site or to offer different services to its customers without it being necessary to present them on the Site.
- Accessibility of the Site
The Association strives to allow access to the Site 24 hours a day, 7 days a week, except in cases of force majeure as defined by article 1218 of the Civil Code and applicable case law, or an event beyond its control, and subject to any breakdowns or maintenance operations necessary for proper functioning of the Site.
In addition, Users recognize and accept that accessibility of the Site also depends on the Internet, which the Association does not control.
The Association cannot guarantee availability of the Site and/or services, reliability of transmissions and performance in terms of response time or quality. No technical assistance is provided for the User, either by electronic, telephone or physical means.
The Association cannot be held responsible in case it is impossible to access the Site.
In addition, the Association may be required to interrupt the Site or part of the services at any time, without notice and without granting entitlement to compensation. The User acknowledges and accepts that the Association cannot be held responsible for interruptions, as well as for the consequences that may result for the User or any third party.
Access to the Site is free, subject to the amount due for communications payable to mobile telephone operators and Internet service providers.
- Suspension or removal of access to the Site
The Association may decide to suspend or remove all access to the Site at its sole discretion and, in particular, in the event of non-compliance by a User with these TCU.
This suspension or removal will be done without compensation or notice, and without the possibility for the User to claim any damages whatsoever.
- Obligations of the Users
Users agree to use the Site in accordance with the conditions of these TCU and, where applicable, those relative to devices making it possible to use this Site.
In general, Users are prohibited from interfering with proper functioning of the Site by any means whatsoever and under any pretext whatsoever. They are also prohibited from any use of the Site that could be contrary to any applicable legislation. Users are also prohibited from harming the Site in any way, notably by copying all or part of the Site and its files and associated data, or by undertaking reverse engineering operations. They are also prohibited from any other activity that could affect the image and reputation of the Association as well as its products and services, including the Site.
In this regard, subject to the Association giving the possibility to Users to post content, the latter are prohibited from publishing content of a defamatory, discriminatory, shocking, obscene, pornographic or violent nature and, in general, content that may violate the rights of third parties or be detrimental to third parties, in any way and in any form whatsoever.
The liability of the Association may not under any circumstances be engaged for these various reasons.
- Guarantee and liability of Users
Users acknowledge and accept that they are solely responsible for the use they make of the Site, at any place and at any time, and for the consequences of such use.
In addition, Users acknowledge and accept that they assume full responsibility for any publication of content (including visual, textual and audio) from the time that it is uploaded to the Site.
In addition, Users shall hold the Association harmless against any action by third parties or other Users who claim a violation of their rights.
- Limitation of liability of the Association
Users use the Site at their own risk. The liability of the Association cannot be called into question in this regard.
In addition, the Association is not required to verify the identity of Users who access the Site, to monitor the activities of the Users or to moderate, if necessary, the content published by Users.
Furthermore, Users are informed that the Association only presents the products and services that it is able to offer. This presentation is non-contractual. Thus, the Association declines all responsibility for the presentation of products and services as well as the content disseminated on the Site in general.
The Association cannot be held responsible for information relating to the products and services published on its Site which are provided by Partners (images, descriptions, characteristics, etc.), in particular if they are different from those present on the site of a Partner.
- Personal data
Any data collected by the Association when using the Site is processed in compliance with applicable legislation and, in particular, the GDPR. Users are invited to consult the Association’s privacy policy accessible on the Site.
In addition, Users are invited to accept or refuse all or part of the cookies sent by the sites consulted.
In any event, each User has a right of access, rectification, opposition and deletion which he can exercise by contacting the Association at: 29 Rue Charles Sandherr 68000 COLMAR, or by email to info@ebma-europe.com.
- Intellectual Property
The Association is the holder of all intellectual property rights relating to the Site as well as the database rights.
This notably includes the brands and logos of EBMA and BI(G) MED, as well as the architecture of the Site.
Any copy or reproduction of these elements without the prior authorization of the Association constitutes an act of infringement which may be prosecuted as such, and engage the civil and criminal liability of the perpetrator.
Notwithstanding the foregoing, the Association grants a simple license to use these rights to Users, for the sole purpose of accessing and using the Site. This license applies throughout the whole world and will end in the event of suspension or deletion of a User account or termination of use of the Site.
In the event that Users are required to publish any content on the Site, they grant the Association, free-of-charge, a license to use and reproduce said content worldwide, on any medium, for all purposes and for the legal term of protection of the intellectual property rights in question.
- Third-party links
The Association will post hypertext links to third-party websites.
Under no circumstances can the Association be held responsible for the information and content provided on the third-party sites targeted by these hypertext links.
- Applicable law and competent court
These TCU are drafted and interpreted in accordance with French law.
In the event of a dispute, the parties are invited to contact a consumer mediator.
If this mediation fails, the rules of common law will apply between the Association and the Users to determine the competent jurisdiction.