Website Terms & Conditions
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These Terms of Use ("Terms") govern access to the website available at [URL] (the "Website"), published by HEPICURE, a simplified joint-stock company (SAS) with share capital of [CAPITAL] €, registered with the Paris Trade and Companies Register under number [RCS NUMBER], with its registered office at [ADDRESS] (hereinafter "HEPICURE", "We", "Our", "Us"), as well as the conditions for the use of the services and features available thereon by any person ("User", "You", "Your").
Phone: [PHONE NUMBER]
VAT: [VAT NUMBER]
Financial Guarantee: [TO BE COMPLETED]
Professional Liability Insurance: [TO BE COMPLETED]
Website Director of Publication: [NAME]
The Website is hosted by Squarespace, Inc., whose registered office is located at 225 Varick Street, 12th floor, New York, NY 10014, United States.
The Services offered on the Website are provided "as is" and are governed by these Terms of Use.
1. ACCEPTANCE AND APPLICATION OF THE TERMS
These Terms apply to any use of the Services by the User, including when You visit the Services, regardless of Your capacity (individual or professional), Your location, the means by which You connect to the Services, and the purpose and nature of Your access to the Services.
Accordingly, You undertake to read the Terms before any use of the Services. By using all or part of the Services, You are deemed to have read and accepted these Terms. You undertake to comply with these Terms each time You use the Services.
2. ACCESS TO THE SERVICES
Users are informed of the risks inherent to the internet, particularly regarding:
lack of security in data transmission;
non-guaranteed continuity of access to the Services.
Under no circumstances shall We be liable for such risks and their consequences, regardless of their nature and the extent of the loss suffered by the User.
Each User is responsible for taking all appropriate measures to protect their data, software and hardware from contamination by viruses or other forms of attack that may circulate through the Services or the information published thereon.
The User is and remains responsible for the conditions and consequences of accessing the Services. Such access may involve the payment of connection fees to technical service providers such as internet access providers or electronic communications operators. Such fees remain the User's responsibility. Furthermore, the User is and remains entirely responsible for providing and using the equipment necessary to access the Services.
3. USER RIGHTS AND OBLIGATIONS
Users acknowledge that they have the technical knowledge and the hardware and software required to access and use the Services.
Users undertake to comply with these Terms and all applicable laws and regulations when using the Services.
It is noted that unauthorised access to or maintenance in a computer system, interference with or disruption of such a system, and fraudulent introduction or modification of data in a computer system are criminal offences subject to criminal sanctions.
In particular, Users undertake to:
not compromise, damage, disable, overload, disrupt or attack the security or operation of the Services or the information systems of Hepicure or its service providers;
not interfere with the normal operation of the Services or make fraudulent use of the Services in any manner or form;
not use or allow the use of the Services in an abusive, unlawful, fraudulent or malicious manner, including without limitation by hacking the Services, introducing malicious code (including viruses or harmful data) into the Services, using any system, device or programme to extract data or information from the Services or Hepicure's servers, sending or storing documents containing viruses, worms, Trojans or other harmful code, interfering with or impairing the integrity or performance of the Services or the data they contain, or attempting to gain unauthorised access to the Services or their associated systems or networks.
4. USER LIABILITY
Users of the Services are liable for all damage of any nature, tangible or intangible, direct or indirect, caused to any third party, including Hepicure, as a result of the unlawful use or exploitation of the Services by themselves and/or any element thereof, regardless of the cause and place of occurrence of such damage, and shall indemnify Hepicure against the consequences of any claims or actions brought against it as a result.
Hepicure shall not be liable for any damage or loss of any nature arising directly or indirectly from a User's breach of these Terms.
In the event of a User's breach of any provision of these Terms, Hepicure reserves the right to suspend, temporarily or permanently, without prior notice, access to and use of the Services. Any failure to comply with applicable regulations and these Terms may give rise to the User's civil and/or criminal liability.
5. HEPICURE'S LIABILITY
The purpose of the Website is to:
present the properties and destinations offered for short-term rental by Hepicure, selected according to specific longevity, biohacking and wellness criteria;
allow interested Users to request to be contacted for further information on a property and/or to book a stay;
allow owners wishing to list a property on the Website to complete a contact form;
provide access to Partner Services (private transport, sports coaching and performance, wellness experiences, nutrition, private chef, etc.) provided by independent Partner Service Providers.
Hepicure has taken the greatest care in the operation and maintenance of the Services.
However, Hepicure does not in any way guarantee that access to the Services will be uninterrupted, easy, reliable, accurate, complete, satisfactory or prompt.
Hepicure endeavours to publish accurate, correct and up-to-date information on the Services. Hepicure reserves the right to modify or update the content and features of the Services at any time and without notice. Hepicure cannot guarantee the total reliability, accuracy or completeness of the information provided on the Services and accepts no liability in this regard. Hepicure assumes no obligation to update, complete, supplement or correct the information available on the Services.
To the extent permitted by applicable law, Hepicure shall not be liable for any damage resulting from the use of the Services or from any inability to use the Services, in particular any loss of profit or revenue, loss of data, or any other economic or commercial loss of any kind.
6. THIRD-PARTY SITES AND CONTENT
For information purposes, the Website may contain hyperlinks to third-party websites or online content. Since Hepicure has no control over such websites, Hepicure shall not be liable for their availability or content, or for any direct or indirect damage or loss arising from viewing or using such content.
The presence of a hyperlink to a third-party website does not constitute an endorsement by Hepicure of that website or its content. Users access and use such third-party sites and services at their own risk, or in accordance with the terms applicable to those sites.
It is the User's responsibility to take all necessary precautions to ensure that no computer viruses are present on the sites visited. Hepicure shall not be liable for the presence of computer viruses on third-party sites or services.
7. INTELLECTUAL PROPERTY
Hepicure Content:
All elements of the Services, including without limitation their general structure, all data, information, texts, files, animated or static images, presentations, databases, graphics, icons, photographs, maps, logos, videos, sounds, trademarks, distinctive signs, designs, models and software ("Hepicure Content") are the exclusive intellectual property of Hepicure or its partners, and are protected in particular by French intellectual property law and international laws and treaties on copyright and intellectual property.
Users are authorised solely to view online the information made available to them and to use only the features offered.
All reproduction rights are reserved, including for downloadable documents. No Hepicure Content appearing on the Services may, in accordance with the applicable provisions of intellectual property law, be represented or reproduced, in whole or in part, on any medium whatsoever, without the express prior authorisation of Hepicure or its rights holders.
Users are therefore prohibited from distributing, broadcasting, representing, modifying, copying, storing, renting, reproducing or otherwise exploiting, in whole or in part, any Hepicure Content, without the express prior written authorisation of Hepicure or its rights holders, whether free of charge or for a fee, for the benefit of a third party, by the User or by a third party, regardless of the media and/or means used, whether currently known or unknown, except for strictly personal purposes related to the use of the Services, excluding any professional or commercial use.
Failure to comply with this prohibition constitutes an act of infringement which may give rise to civil and/or criminal liability. Hepicure reserves the right to take legal action against any person who has breached this prohibition.
Similarly, it is strictly forbidden to use or reproduce the name "Hepicure" and/or its logo, alone or in combination, in any capacity and on any medium whatsoever, without the prior written consent of Hepicure.
For any request to reproduce Hepicure Content, please send an email to: contact@hepicure.com.
8. USER CONTENT
Comments and/or reviews posted by Users on the Services may be accompanied by works submitted by Users who have stayed at properties booked through Hepicure, relating exclusively to their stay and potentially covering the properties, staff and any service offered ("Works").
The Works are intended to be reproduced, published online and broadcast to the public, in particular in the form of photographs, illustrations, films and videos, subject to prior approval by Hepicure's partner providers.
Hepicure has, in respect of any Work submitted by a User, regardless of its nature and medium, a royalty-free right of use, reproduction and representation on all types of media and for all types of exploitation in connection with the purpose of the Services, such as the illustration of articles or promotional activities, for the duration of the intellectual property rights.
Users indemnify Hepicure against any action, claim, demand or objection by any person whose rights may have been infringed by the submitted Work, whether constituting an infringement of intellectual property rights or an act of unfair or parasitic competition. Users also warrant that the Work does not constitute a breach of any laws or other applicable provisions relating to defamation, insult, privacy, image rights or public morality.
9. AMENDMENTS TO THE TERMS
Hepicure may at any time modify the content of the Services or the terms of these Terms and/or temporarily or permanently discontinue all or part of the Services, without notice.
Users are therefore advised to consult the latest version of the Terms on each new visit to the Services. In any event, continued use of or access to the Services implies unconditional acceptance of the latest version of the Terms by the User.
Hepicure will inform Users, by any means including by email or by notice on the Services, of any significant amendment to the Terms that may affect the conditions under which the Services subscribed to by the User are provided and have not yet been fully provided, or any significant amendment to the Privacy Policy.
10. GOVERNING LAW AND JURISDICTION
These Terms and the Services are governed by French law, notwithstanding any plurality of defendants and subject to mandatory international public policy rules on consumer protection.
In the event of a dispute with Hepicure relating in particular to the provisions of these Terms, including the Privacy Policy, Users may contact Hepicure by post at: Hepicure — [ADDRESS], or by email at: contact@hepicure.com. In that event, Hepicure and the User shall endeavour to reach an amicable solution.
Any dispute arising from these Terms that cannot be resolved amicably under the preceding conditions shall be submitted to the competent court.
MISCELLANEOUS
Evidence Convention:
The document reproducing these Terms is stored on a durable medium in the form of an image under security conditions generally recognised as reliable. Users may at any time make an electronic backup or print a paper copy of the Terms. As such, the Terms are considered as evidence of communications and of an agreement reached between the User and Hepicure. Users acknowledge that the probative value of this document cannot be challenged merely on the grounds of its form, including its electronic form.
No Waiver:
Hepicure's failure to require complete performance of any provision of these Terms at any given time shall in no way affect Hepicure's right to require such performance at a later date.
Partial Invalidity:
If any part of these Terms is declared illegal, invalid or unenforceable for any reason, the relevant term or terms shall be deemed not to exist and the remaining terms shall retain their full force and effect and shall continue to apply. Any terms declared not to exist shall be deemed to be replaced by terms that most closely approximate the content of the invalidated provision and the original intention of Hepicure.
Queries and Contact:
If You wish to receive further information about the Services, to update, modify or delete information relating to You, or if You have any other query, please contact Us by email at: contact@hepicure.com or by post at: Hepicure — [ADDRESS].
The Hepicure team thanks You for reading these Terms of Use and wishes You an enjoyable visit to its website.