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Terms and conditions of use of the RELYFE platform

Last updated onNovember 06, 2019

The company RELYFE,a SAS with capital of 43,530 euros, registered with the Reims RCS under number 818 991 929 and whose registered office is located at21 rue de Courcelles 51100 Reims (hereinafter “the Company”), offers on its website user.passcare.com and pro.passcare.com, a secure platform for creating and managing a digital health passport forpatients and healthcare professionals.

Access to thesite, its consultation and use are subject to the unreserved acceptance ofthese General Terms and Conditions of Use. Consequently, please read theseconditions carefully before using the RELYFE platform.

Preamble – Definitions

Each of theterms mentioned below shall have the following meaning in these General Termsand Conditions of Use of the Platform (hereinafter referred to as the “GCU”):

Subscriber: means anyuser who has taken out a subscription with RELYFE for the use of theSite; 

Subscription: refers to thepackage subscribed to by any Subscriber with a view to using one or moreServices offered on user.passcare.com and pro.passcare.com.

Acknowledgementof Receipt: refers to the e-mail sent to the Subscriber orUser by RELYFE summarizing the essential elements of his subscription contractor his Profile and including, for this purpose, some of the elements of theRegistration Form.

Charter on theProtection of Personal Data: means the Privacy Policy implemented by RELYFEwhich forms an integral part of these Terms and Conditions of Use.

General termsand conditions: means the present contract, which constitutes theentire contractual relationship between RELYFE and the Subscriber;

Cookies: For moreinformation on cookies, please see our cookie policy ; 

Data (s) Personaldata (s): refers to the Member’s personal data collected andprocessed by RELYFE in the context of the creation and management of his/herPersonal Profile and as defined in the Personal Data Protection Charter.

RegistrationForm: means the form enabling the Subscriber or User tocommunicate his Profile to RELYFE.

Withdrawal form:designates the form allowing the Member to implement the right ofwithdrawal of his Subscription. The Withdrawal Form is available in theappendix to these TOS and by clicking here.

Identifiers: means thecombination of a login (email address) and a password allowing the Subscriberto access the Platform, the Site and, in general, the Services offered by RELYFE;

Member: refers toany natural person of full age who subscribes to the Services for his or herpersonal needs or the needs of his or her minor children and who has created,for this purpose, a Personal Profile and/or one or more child profile(s)on user.passcare.com and pro.passcare.com 

RELYFE: means the RELYFEcard that can be ordered on the Site and physically attached to the User’saccount; 

RELYFE Platform:means the RELYFE platform made available to Users on the Website asdescribed in article 3 of these T&C;

Profile: means theinformation communicated by the User when registering or when logging on,namely the personal data of the Subscriber or User necessary to manage hissubscription or access to the Site and the method of payment chosen for the servicesthus selected. It also refers to the Profile containing the health informationprovided by the Subscriber;

Service: all the Servicesoffered by the Site to any User and Subscriber to any RELYFE offer whatsoever;

Signature: means theacceptance of the present General Terms and Conditions of Use by the Subscriberand/or the User by validating online by clicking on the validation button onthe Registration Form ;

Site: refers tothe website operated by InnovHealth Group and accessible mainly from theURL user.passcare.com and pro.passcare.com, allowing Usersto access via the internet to the RELYFE platform and their digital healthpassports online as described in article 3 of these T&C ;

SubscriptionPrice: means the price of the subscription taken out bythe Subscriber, as indicated on the Subscription Form, in force on the date ofSignature ;

Transaction : refers tothe transactions that validate the subscription formula between RELYFE and theUser, from the validation of the payment and receipt of confirmation of paymentof the subscription on the User’s mailbox, under the subscription contractconcluded between them through the use of the Secure Payment Service;

User: refers toany visitor who has access to the RELYFE platform via the Site and consults theRELYFE Platform as well as his online Patient account, where applicable.

The termsdefined herein shall have the same meaning whether they are used in thesingular or in the plural.

ARTICLE 1 – CONDITIONS OF ELIGIBILITY OF SERVICE

The Service isreserved for adults only. If the User is a minor, he/she undertakes to obtainprior authorisation from his/her parents or (or) holder(s) of parentalauthority to use the Service. The User declares that the holder(s) of parentalauthority has (have) agreed to be the guarantor(s) of the User’s compliancewith all the GCU. The holder(s) of parental authority is (are) invited tomonitor the use made of access to the Service and to bear in mind that somefunctionalities of the Site are paid for.

ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE

The User ispresumed to know and accept, without reservation, all of the GCU by the solefact of his connection to the Site or use of the Services, regardless of thedigital reception terminals used.

The GCU applyconcomitantly to (i) the General Terms and Conditions of Sale, (ii) the PersonalData Protection Charter and (iii) the Cookie policy.

The User is invited not to connect to the Site, nor to use the Services if he does notaccept all or part of the documents referred to above.

The Company may at any time modify the terms of the GCU. The User is expressly informed thatthe version in force is the one that is posted at the URL address Terms and condition of use ofthe RELYFE Platform on the date of his or her access to any of theServices, which the User acknowledges and accepts without restriction,undertaking to refer to it systematically each time he or she connects.

ARTICLE 3 – DESCRIPTION, ACCESS AND PRICE OF THE SERVICE 
Description of the service

RELYFE makes available to Users, via the site user.passcare.com and pro.passcare.com, and subject to having a valid subscription, secure access to a platformfor managing the Subscriber’s health information.

In particular, the Services include the possibility to create a Profile and to access theservices and functionalities included in the RELYFE Subscription.

The Member isfree, at any time, to terminate access to the Services and to request thedeletion of his/her Profile. To do so, the Member sends an e-mail to RELYFE atthe following address contact@relyfe.com

RELYFE undertakes to process this request in accordance with the terms and conditionsof the Personal Data Protection Charter.

Access to the service

Access to theServices is exclusively reserved to the User. The User is identified by anidentifier (email) and a password, the use of which is his sole responsibility.

Equipmentallowing access to the site user.passcare.com and pro.passcare.com as well as alltelecommunications costs incurred by their use shall be borne by the Member.Consequently, it is the Member’s responsibility to take all appropriatemeasures to protect its Personal Data, information and/or software from anyform of contamination by any viruses originating in particular from theInternet network.

Access to theSubscriber’s RELYFE profile is for private and exclusive use.

The Subscriberguarantees to RELYFE that his Personal Data is accurate, up to date andcomplete concerning his identity and contact details. In particular, theSubscriber undertakes to provide an effective and valid e-mail address of whichhe or she is the owner.

The Subscriberalso undertakes to update his Personal Data (in particular his e-mail address)as soon as any of them is changed in order to maintain the accuracy of hisinformation by going to his Personal Profile.

The Subscriberalso certifies that the photo that may be posted on his or her Personal Profilerepresents him or her.

The User issolely responsible for the management of access authorizations to his or herprofile and health data.

The User, aspart of his or her healthcare journey, will be able to authorise access to hisor her Profile to healthcare professionals using his or her RELYFE card linkedto his or her account. For this purpose, when the healthcare professionalflashes the Heart Code or enters the public key of the RELYFE Card, the Userwill receive a temporary code by SMS that he/she must communicate to thehealthcare professional in order to confirm the authorization of access to the RELYFEPlatform.

It is strictlyforbidden for the User to condition access to his profile on any direct orindirect remuneration.

The User mayaccess his/her RELYFE profile directly from the home page of the Site.

Price of the service

Access to theSite as well as to the presentation of the Services is free for the User. Onlythe order of one or more Subscriptions will be subject to payment by the User.

The prices ofthe Subscriptions are mentioned on the Site in euros and all taxes included.The applicable prices are those valid on the day of the order on the Site bythe User.

The prices ofthe Subscriptions and any additional costs related to the order are indicated,in a clear and comprehensible manner, on the order summary. Before placing theorder, the Customer is required to confirm this summary.

RELYFE reservesthe right to change the price at any time.

Any price changewill take effect as of the next payment concerned, and will be explicitlycommunicated via the Site or any other available means of communication.

The User’s bankdetails are processed and stored securely by our partner Stripe. RELYFE doesnot retain any data concerning your banking information.

Payment istherefore subject to Stripe’s General Terms and Conditions in addition to ourGeneral Terms and Conditions.

Terms of payment

Prices will becharged on the basis of the rates in force at the time of the order. An invoicesummarizing all the Services ordered by the User as well as their respectivecost will be systematically sent to the User.

The Client willpay the price directly on the Site, and imperatively before any subscriptionvalidation by RELYFE, in accordance with the process provided for this purpose.

Payment by theUser is a prerequisite for the validation of his order.

Right of withdrawal

The User acknowledges having received all the information relating to the Services offered on user.passcare.com and pro.passcare.com, and more specifically to the various Subscription formulas before subscribing to them and that the offer of these Services complies with the requirements for the provision of services provided at a distance, inparticular via the Internet.

In accordance with the provisions of Article L.221-18 of the French Consumer Code, the Userhas a right of withdrawal and can thus decide to withdraw from his Subscription without having to give a reason for doing so, within a period of (14) calendardays from the date of confirmation of his Subscription by RELYFE.

In order to do so, the Member must inform RELYFE of its intention, at the latest within theaforementioned fourteen (14) days, and this:

  • Either by completingand sending to RELYFE the Withdrawal Form annexed to the present General Termsand Conditions of Services and Use and by complying with the instructionscontained therein;
  • Either, by clearly and unequivocally declaring its intention to withdraw from thecontract, including the essential information to do so, by e-mail or by post to RELYFE at the address given in Article 1 of the Legal Notice of user.passcare.com and pro.passcare.com.

As soon aspossible after RELYFE has received the withdrawal form or the notification ofthe User’s wish to exercise his/her right of withdrawal, RELYFE willacknowledge receipt of the withdrawal form or notification of the User’s wishto exercise his/her right of withdrawal by e-mail.

The costs associated with sending the withdrawal form are borne by the User.

In the eventthat the User expressly wishes to benefit from the Subscription before theexpiration of the aforementioned period of fourteen (14) days and then decidesto withdraw from the Subscription, the User will owe RELYFE an amountcorresponding to the prorated use of the Subscription until the User hascommunicated his or her intention to withdraw from the Subscription.

InnovHealthGroup will then reimburse the User for an amount equal to the totality of thesums paid at the time of subscription, less the amount corresponding to thetime the Subscription has been executed until the notification of the User’sdecision to withdraw. Reimbursement will be made as soon as possible and, atthe latest, within fourteen (14) days from the date on which RELYFE wasinformed of the User’s decision to withdraw.

Refunds will bemade using the same means of payment as that used by the User to subscribe tothe Subscription, unless the User expressly requests the use of another meansof payment and provided that the refund will not incur any costs for the Useror RELYFE.

Delivery of the RELYFE Card

By La Poste (at normal mail delivery times).

The User mustimperatively indicate the delivery address and the billing address if they aredifferent as well as the telephone number and e-mail.

Delivery timesand deadlines are those usually practiced by the postal services. RELYFEdeclines all responsibility in case of defect and/or delay in the delivery ofthe RELYFE card caused by a total or partial malfunction of the postal service.

ARTICLE 4 – USER ACCOUNT

In order toaccess the RELYFE platform, the User will need a personal RELYFE account to useand access his or her health profile.

Therefore, theSubscriber agrees to be responsible for maintaining the confidentiality of hisor her account and password, for restricting access to his or her computer andother equipment, and to the extent permitted by applicable law, agrees to be responsible for all activities that occur under his or her account or password. Subscriber shall take all necessary steps to ensure that his or her password remains confidential and secure. Subscriber must immediately notify RELYFE if Subscriber has any reason to believe that his or her password is known to someone else, or if the password is being or is likely to be used in anunauthorized manner. The User is responsible for the validity and completeness of the information provided. The User shall inform RELYFE without delay of anychanges to this information. The User can access his or her information in the "Your Account" section of the Website.

RELYFE reservesthe right to deny access, terminate accounts, remove or edit Content if User is in violation of applicable laws, these Terms of Use or any other terms, conditions, guidelines or policies of RELYFE.

In the event ofthe death of a Member, upon production of supporting documents by its assignees or any third party and provided that the deceased’s email address holding theaccount is provided, the Member’s Personal Profile will be deactivated and itsContent and Personal Data will be processed in accordance with the terms of thePrivacy Policy.

ARTICLE 5 – NON-COMPLIANCE OF T&Cs

In the event ofnon-compliance with the TOS by the User, the Company reserves the right totemporarily interrupt access to the Service for the time necessary to collectany information required to resolve the conflict.

Once the Service has been suspended and after sending a formal notice to the User that has remained without effect for a period of fifteen (15) days, the Company reservesthe right to terminate the Service unless the cause for suspension has disappeared during this period or if the Company grants the User additional time to fulfil its obligations.

ARTICLE 6 – RESPONSABILITY
Corporate responsibility

Consultation anduse of the Site is the responsibility of the User.

The Company maynot be held liable for any damage resulting from access and/or use of the Siteand the information it contains.

RELYFE makes itsbest efforts to make the Service accessible 24 hours a day and 7 days a week,regardless of scheduled maintenance operations, subject to the provisions ofthis article.

Nevertheless, RELYFE cannot be held liable in the event of damage inherent in the use of theInternet network, in particular due to a break in service, external intrusionor the presence of viruses resulting from the User’s means of communication.

Access to theService is provided on an “as-is” basis and is accessible on an as-availablebasis.

RELYFE makes noexpress or implied warranties, including but not limited to warranties as tothe quality and fitness of the services for a specific purpose, and as to thenon-infringement of the rules of use by its Users.

In any event, RELYFEshall not be liable in the event of use of the Service by a User that does notcomply with these Terms of Use.

Furthermore, itis specified that RELYFE cannot be held liable to Users or third parties forany error, omission or inaccuracy in the Personal Data communicated by the Userduring registration. Similarly, RELYFE shall not be held liable for the qualityand truthfulness of the health information provided by the Subscriber on hisUser profile.

Responsibility of the User

The User issolely responsible for the quality, precision, relevance and accuracy of theinformation he or she provides on the Site for the purposes of his or her orderand particularly concerning his or her health information. RELYFE cannot beheld liable in this respect.

The Customer istherefore solely liable to RELYFE and, where applicable, to third parties, forany damage of any nature whatsoever caused by any information or any otherpublication communicated, transmitted or disseminated on the occasion of thepresent contract, as well as for any breach on its part of the presentcontractual stipulations.

The User is,moreover, solely responsible for the choice of Subscriptions ordered throughthe Site.

The User declares having kept a copy of the digital files before uploading them to theSite. Thus, RELYFE cannot, under any circumstances, be held liable for the lossor destruction of the files.

The User may notvalidly save or transmit images, data that infringe the property rights ofothers and that do not belong to him/her.

All Users undertake to comply with all laws, rules and regulations in force concerningthe prohibition of the distribution of pornographic or obscene images, and notto use the Site in contravention of any law, rule or regulation. Each Useracknowledges that he or she is informed that images perceived to be inviolation of any applicable laws, rules or regulations may be submitted by RELYFEto law enforcement authorities, who will treat them accordingly.

The User may notsave or transmit files that contain viruses or programs that destroy data,failing which the User may be held liable.

The User is alsoinformed that the Company may have to temporarily interrupt access to the Sitefor technical reasons, in particular for maintenance purposes. The User acceptsthese interruptions without reservation and waives any claim in this respect.

ARTICLE 7 – UNDERAGE PEOPLE

Although ourplatform allows the creation of children’s profiles, we do not offer or sellour subscriptions directly to minors.

We sell Servicesfor children for purchases by adults. If you are under the age of 18, you mayuse the RELYFE platform only under the supervision of a parent or guardian andonly with their prior consent.

ARTICLE 8 – INTELLECTUAL PROPERTY 

All intellectualproperty rights (such as, in particular, copyright, neighbouring rights,trademark rights, rights of database producers) relating to both the structureand the contents of the Site and, in particular, images, sounds, videos,photographs, logos, trademarks, graphic, textual, visual elements, tools, software,documents, data, etc., are protected by copyright. (hereinafter referred to as“Elements”) are reserved. These Elements are the property of RELYFE. TheseElements are made available to Users, free of charge, for the sole use of the RELYFEplatform and the Secure Payment Service and within the framework of a normaluse of its functionalities. Users undertake not to modify the Elements in anyway.

The user is notauthorized to reproduce, represent or commercialize these contents except incases provided for by law or expressly authorized by their owner.

Any unauthoriseduse of the Elements of the Website and the Applications will result in aviolation of copyright and constitutes an infringement. It may also lead to aviolation of image rights, personal rights or any other rights and regulationsin force. It may therefore engage the civil and/or criminal liability of itsauthor.

It is prohibitedfor any User to copy, modify, create a derivative work, reverse engineer,reverse engineer, reverse assemble or otherwise attempt to locate the sourcecode, sell, assign, sub-license or transfer in any way any rights in theElements.

Any User of the RELYFEplatform undertakes in particular not to:

  • use or querythe RELYFE platform and/or the Secure Payment Service on behalf of or for thebenefit of others;
  • extract, forcommercial or non-commercial purposes, all or part of the information orClassified Ads present on the RELYFE platform and on the Site and Applications;

Reproduce on anyother medium, for commercial or non-commercial purposes, all or part of theinformation or Classified Ads on the RELYFE platform and on the Website and theApplications, making it possible to reconstitute all or part of the originalfiles;

  • use a robot, in particular a spider, a search or retrieval application for websites or anyother means to retrieve or index all or part of the content of the Website and the Applications, except in the case of express and prior authorization from RELYFE;
  • copy the information onto any kind of media allowing to reconstitute all or part of theoriginal files.

Any reproduction, representation, publication, transmission, use, modification orextraction of all or part of the Elements in any manner whatsoever, madewithout the prior written permission of RELYFE is illegal. These illegal actsengage the responsibility of their authors and are likely to lead to legalproceedings against them, in particular for counterfeiting.

The RELYFE brands and logos, as well as the brands and logos of RELYFE are registeredtrademarks. Any total or partial reproduction of these trademarks and/or logoswithout the prior written permission of RELYFE is prohibited.

Any extraction and/or reuse of the database(s) within the meaning of articles L 342-1 and L342-2 of the intellectual property code is prohibited.

RELYFE reservesthe right to take legal action against persons who have not respected theprohibitions contained in this article.

Hypertext links

Links from the RELYFE platform and/or the Secure Payment Service 

The RELYFE platform and/or the Secure Payment Service may contain hyperlinks redirecting to sites operated by third parties. These links are provided for information purposes only.

RELYFE has no control over these sites and declines all responsibility for the access,content or use of these sites, as well as for any damage that may result fromthe consultation of the information present on these sites.

The decision toactivate these links is the full and entire responsibility of the User.

Links to the RELYFE Platform

No hyperlinksmay be created to the RELYFE Platform without the prior and express consent of RELYFE.

If an Internetuser or a legal entity wishes to create a hypertext link to the RELYFE platformfrom its site, whatever the medium, it must first contact RELYFE by sending anemail to the following address contact@relyfe.com.

ARTICLE 9 – PRIVATE DATA 

In accordance with regulations on the protection of personal data and recommended good practices in this area, RELYFE has drawn up a Personal Data Protection Charterthat specifically addresses these aspects.

For morecomprehensive information on the processing of your personal data, RELYFEinvites you to consult its Privacy Policy

ARTICLE 10 – COOKIES

RELYFE usescookies on its Site. Cookies are pieces of information related to thenavigation of the User’s computer that make it possible to determine the pages that the User has consulted, the date and time of consultation. At no time dothese cookies allow RELYFE to personally identify the User.

The storageperiod of these cookies in the User’s computer will not exceed thirteen (13) months.

However, theUser is informed that he has the right to oppose the registration of these cookies, in particular by configuring his Internet browser to do so.

For morecomplete information on cookies, RELYFE invites you to consult its cookies policy.

ARTICLE 11 – APPLICABLE LAW – DISPUTES AND JURISDICTION CLAUSE

If any part ofthe TOS should prove to be illegal, invalid or unenforceable, for any reasonwhatsoever, the provisions in question shall be deemed unwritten, withoutcalling into question the validity of the other provisions, which shall continue to apply to Users.

The present GCU are subject to French law.

In the event of a dispute arising in connection with the performance, termination or conditions of this contract, the parties shall endeavour to settle their dispute amicably.

Subject to theapplicable legal provisions of public order, any dispute relating to orresulting from the validity, execution, interpretation or formation of thepresent General Terms and Conditions will be the subject, as a matter ofpriority, of a request to the Company to obtain an amicable solution and, inthe absence of conciliation, to the exclusive jurisdiction of the courts of Reims (France).