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Purpose
The purpose of these Terms and Conditions of Use (hereinafter the “TCU”)
is to define the rights and obligations of patients as users of the CARE2 University Hospital Federation website.
Access to and use of the FHU CARE2 website implies unconditional acceptance of these TCU and compliance with the legal and regulatory provisions in force. The AP-HP may modify these TCU at any time, in particular with regard to new features that will be developed.
Definitions
For the purposes of these Terms of Use, the terms below shall have the following meanings:
AP-HP: refers to Assistance Publique – Hôpitaux de Paris
Personal Data: refers to any information concerning an identified or identifiable User; a person is considered identifiable if they can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements specific to their physical, physiological, psychological, economic, cultural, or social identity.
Identifiers: refers to the personal identifier associated with a User as well as any confidential code or password enabling them to create and/or access their account on mon.aphp.fr.
https://fhucare.org: refers to the website of the University Hospital Federation intended to provide information about the FHU.
GDPR: Regulation No. 2016/679 of April 27, 2016 on the protection of personal data.
User: refers to the natural person of legal age and patient of the AP-HP who uses the services offered on the FHU website.
Legal notices
In accordance with the provisions of Article 6 III 1° of Law No. 2004-575 of June 21, 2004 on confidence in the digital economy:
- This website was created and developed by Laurent ANGELI. Design was made by Alain Bittar.
- This website is the property of FHU CARE2
- The publication director is Myriam MORCEL,
- Hosting is provided by Infomaniak Network SA, with its registered office at 25 Rue Eugène Marziano 1227 Les Acacias Geneva – Switzerland, registered under number CH-660.0.059.996-1 in the commercial register of the canton of Geneva. Telephone: +33 9 71 03 02 64.
CNIL declaration
This site is exempt from declaration to the CNIL (French Data Protection Authority) for the processing of personal and nominative data because it meets the criteria defined in “Declaration Exemption No. 7 – May 9, 2006 ” (Deliberation No. 2006-138 of May 9, 2006, deciding on the exemption from declaration for processing carried out for information or external communication purposes).
Description of the FHU website
The FHU website is a space for presenting FHU CARE2. It is accessible without creating an account.
The services are provided to the User free of charge. The equipment (including computers, telephones, software, and means of electronic communication) required to access and use these
services are the sole responsibility of the User, as are the costs of electronic communications (including telephone costs and Internet access costs) resulting from their use.
Personal Data Protection
The FHU CARE2 website does not collect any personal data.
Liability
FHU CARE2 strives to make the site accessible 24 hours a day, 7 days a week a day, except in cases of force majeure or events beyond its control and subject to maintenance periods, possible breakdowns , technical hazards related to the nature of the internet network, or acts of malice or any damage to the hardware or software of FHU CARE2.
The User acknowledges that they have the necessary skills, equipment, and means to access the FHU website and acknowledges that its use is at their own risk and that the site will be accessible without any guarantee of availability or regularity.
The User undertakes not to disrupt the normal use of the FHU CARE2 website. Failure to comply with these obligations may result in the suspension of their access to the FHU website and legal proceedings.
FHU CARE2 cannot be held responsible for:
Information contained on other websites to which Users may have access via the FHU website;
Any inability to access the FHU website, malfunctions, interruptions, unavailability of information, or poor conditions of use of the FHU website attributable to unsuitable equipment, internal malfunctions of the User’s Internet service provider, Internet network congestion, or any other reasons beyond the control of the FHU;
Breaches of IT security that may cause damage to Users’ IT equipment and the Data stored on it. The Patient acknowledges that the characteristics and constraints of the Internet do not allow the security, availability, and integrity of Data transmissions to be guaranteed during their transit over the Internet.
The quality of content and proper functioning of sites to which any hypertext links on the FHU site may refer. The FHU cannot be held liable for the content of these sites. Visitors must use this information with the usual precautions.
The creation of hypertext links to FHU sites is subject to our prior agreement. In the event that a hypertext link to our websites is created without prior agreement, the FHU reserves the right to demand the removal of said hypertext link to its websites at any time.
The FHU shall in no event be liable for any indirect damages suffered by the User in connection with the use of the FHU website. In general, the FHU is only liable for direct damages proven by the User, and on condition that (i) the latter has complied with all the provisions of these Terms of Use and (ii) demonstrates that such damage is the result of a breach exclusively and directly attributable to the FHU.
The AP-HP reserves the right to modify or interrupt, temporarily or permanently, all or part of the FHU website, without notice or compensation.
Intellectual property
The FHU website and all its components (including, but not limited to, trademarks, logos, data, metadata, graphics, images, photographs, sound or music animations, texts, drawings, computer programs, scripts, etc.) are, unless otherwise specified, the exclusive property of the FHU.
Consequently, any reproduction, distribution, representation, modification, publication, adaptation, downloading, or transmission of all or part of the elements of this FHU website is strictly prohibited.
As such, Users are prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or languages, marketing for free or for a fee, or commercializing all or part of the elements provided by the FHU or any element that composes them, regardless of the means or medium used. No provision of the Terms of Use may be interpreted as a transfer of intellectual property rights, whether tacitly or otherwise.
Any representation or use, in whole or in part, of all or part of the elements of the FHU website by any person (natural or legal) without the express authorization of the FHU or its Partners is prohibited and would constitute an infringement punishable under Articles L.335-2 et seq. of the French Intellectual Property Code.
Waiver
The fact that either Party does not invoke one or more provisions of the Terms of Use shall in no way imply that said Party waives its right to invoke them at a later date.
Partial invalidity
In the event that certain provisions of the Terms of Use are unenforceable for any reason, including due to applicable law or regulation, the Parties shall remain bound by the other provisions of the Terms of Use and shall endeavor to remedy the unenforceable provisions in the same spirit as that which prevailed at the time of conclusion.
Applicable law and jurisdiction
The Terms of Use are subject to French law. Any difficulties relating to the validity or interpretation of the Terms of Use shall be submitted, in the absence of an amicable agreement, to the competent French courts. This jurisdiction also applies in the event of summary proceedings, multiple defendants, or the introduction of third parties.