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Legal terms

  • Terms of Use
  • General Terms of Sale
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GENERAL TERMS AND CONDITIONS OF SALE FOR THE BIOMAGNETS.APP WEBSITE

Version in effect as of March 14, 2025. Between SAS LORDMAN Company, Whose registered office is located at 5 Rue Masséna, 06110 LE CANNET (France), Registered with the Trade and Companies Register under number 922 199 773 00016, Represented by its President, duly authorized for the purposes hereof. The company can be contacted by email, by clicking on the contact form accessible via the website's homepage. Hereinafter the 'Seller' or the 'Company'. On the one hand, And the natural or legal person purchasing products or services from the company, Hereinafter, the 'Buyer' or 'Customer' On the other hand, The following has been stated and agreed:

PREAMBLE

These general terms and conditions of use apply to the Website (including all its versions and mobile applications). Use of the website https://biomagnets.app implies full acceptance of the general terms and conditions of use described below. These terms and conditions of use may be modified or supplemented at any time; users of the website are therefore encouraged to consult them regularly. However, the User acknowledges that in the event of a contradiction between the terms of these general terms and conditions of use and the general terms and conditions of use of a variation of the Website or a mobile application, the latter shall prevail.

Article 1 - PURPOSE

The purpose of these general terms and conditions of use is to determine the terms and conditions under which (i) the Company grants the User a right to use the Website and (ii) the User accesses and uses the Website within the framework of these terms and conditions, hereinafter the "General Terms and Conditions of Use." The User is not necessarily a Client; a Client is necessarily a User. Access to and use of the Website are reserved for Users. The Client agrees to use the Site strictly for professional purposes and, in any event, not to use the Site, its content, or the Services and Subscriptions for any illicit or commercial purposes other than for their expressly intended and defined use. The purpose of the Site is to provide information, as accurate as possible, regarding the Company's services and subscriptions and the features available to Users who have subscribed to one of the Company's offers. The Site, as well as all of its content, is provided "as is." This information is neither intended to replace the use of professional services nor to provide advice of any kind, whether specific or not, regarding specific circumstances. The information on the Site is for informational purposes only and does not constitute any legal commitment or contractual agreement on the part of the Company, which reserves the right to modify its features. The Company is not responsible for and does not guarantee the completeness, accuracy, or timeliness of the information available on the Site. For any questions about the Site, or to report illegal content or activities, the User may send an email using the contact form accessible via the Site's homepage.

Article 2 - USE OF THE SITE

The Site is normally accessible to the User at any time. However, the Company may, at any time, suspend, limit, or interrupt the Site in order to carry out, in particular, updates or modifications to its content. The Company undertakes to limit the frequency and duration of these suspensions, limitations, and interruptions. The Company cannot be held responsible for the potential impact of this unavailability on the User's activities. The User acknowledges and accepts that legislative or technological developments may, at any time, render all or part of the Site unsuitable. The Company shall have the right to update the Site to bring it into compliance with current legal or regulatory provisions or technologies. Some functionalities of the Site require the creation of an Account. During the creation of the Account, the User must determine a username and a password. The preservation of the confidentiality of these elements is their responsibility. The User shall refrain from any disclosure thereof. The User undertakes to log out of their Account at the end of each visit and to immediately inform the Company in the event of fraudulent use or failure of their user area. On this occasion, the User must provide a certain amount of true and complete information. The User's right to use is personal and non-transferable. In the event of the use of a service offered by the Company, the User undertakes to update the information provided if it should change. If the User provides erroneous, incomplete, or outdated information, the Company reserves the right to suspend or terminate their account (this termination being the sole fault of the User). The User authorizes the Company or the biomagnetic pair practitioners whose services he requests, to communicate with him by any means, including by sending e-mails and/or SMS, until the revocation of this authorization. The User has the possibility to revoke this right with the concerned party by simply sending an e-mail (using the contact form available on the site for the Company, and by writing to the practitioner concerned using his contact details). Such electronic exchanges may possibly generate costs from telephone operators or internet service providers; it is the party who is at the origin of the sending who bears the cost. The Site uses various techniques and technologies, including JavaScript technology. The User undertakes to access the Site using recent equipment, free of viruses, and with an up-to-date, latest-generation browser. Except for contrary mandatory legal provisions, the Company's liability cannot be engaged in the following cases: Technical or computer failure, lack of compatibility of the Site with any hardware or software; Occurrence of direct or indirect damages (the notion of "indirect damages" includes, in particular, any lost profit, loss of data, inaccuracy or corruption of files or User data, loss of opportunity, loss of clientele), tangible or intangible, foreseeable or unforeseeable, resulting from the use or difficulties of use of the Site or Services or Subscriptions; Lack of reliability or security of information circulating on the internet; The intrinsic characteristics of the internet, in particular those relating to the lack of reliability and security of information circulating therein; Unlawful use of the Site, without the Company having duly acknowledged it within the meaning of Law No. 2004-575 of June 21, 2004, for confidence in the digital economy and Law No. 78-17 of January 6, 1978, as amended, relating to the protection of individuals with regard to the processing of personal data. The User declares to accept the characteristics and limits of the internet. They acknowledge having knowledge of the nature of the internet network, and in particular, its technical performances and response times for consulting, querying, or transferring information data. The Company cannot be held responsible in the event of malfunction of the internet network, telephone lines, or computer and telephone equipment, in particular related to network congestion preventing access to the server. The User declares to have taken cognizance of: That data transmissions on the internet benefit only from relative technical reliability, as they circulate on heterogeneous networks with diverse technical characteristics and capacities, That data circulating on the internet is not protected against potential misappropriation and that the communication of confidential codes and, more generally, of any sensitive information is carried out by the User at their own risk, That it is their responsibility to take all appropriate measures to protect their own data and software stored on their computers from contamination by viruses or attempts to intrude into their computer system by third parties via the access service. Consequently, the User waives the right to engage the Company's liability or that of its Subcontractors and Partners concerning one or more of the facts or events mentioned above. The User acknowledges that the Company may grant access to the technical infrastructure of the Site to any third party, including its Subcontractors and Partners.

Article 3 - SECURITY

In the event of the creation of an Account, the Company makes its best efforts, in accordance with the rules of the art, to secure the user area in view of the complexity of the internet. If fraudulent access causing prejudice to the User is noted by the legally competent Courts, the User, both in their own name and on their own behalf and in the name and on behalf of their successors, acknowledges that the Company is not considered responsible insofar as it has put in place all security systems in compliance with the state of the art and the level of criticality of the stored data. The User agrees to take all appropriate measures to protect their own data and/or software from contamination by potential viruses on the internet network. The User is informed that it is strongly discouraged to use computers accessible to the public, given the risks inherent in this type of access and, in particular, the possibility of compromising the security of access codes. The User is solely responsible for the use and implementation of security, protection, and backup measures for their equipment and data. It is therefore strongly recommended that they: Use cryptography means to protect their data against unauthorized access; Periodically back up their data; and Update software, especially anti-virus software.

Article 4 - INTELLECTUAL PROPERTY

The Site constitutes a work of the mind protected by the provisions of the Intellectual Property Code. The User may not, in any way, reuse, assign, or exploit, for their own account or otherwise, all or part of the elements of the Site. The Company is the sole owner of the following elements, which are protected by French and international laws and regulations relating to intellectual property of the Site and its content, in particular and without limitation, all texts, data or information, files, animated or non-animated images, photographs, denomination, videos, logos, sounds, drawings, models, software, trademarks, visual identity, graphic charter, database, structure of the Site and all other elements of intellectual property, hereinafter: the "Elements." Consequently, none of the Elements may be modified, reproduced, copied, duplicated, sold, resold, transmitted, published, communicated, distributed, disseminated, represented, stored, used, rented, or exploited in any other way, in whole or in part, free of charge or for consideration, by a User or by a third party, regardless of the means and/or media used, whether known or unknown to date, without the prior written authorization of the Company. The User is solely responsible for any unauthorized use and/or exploitation. Any representation, reproduction, adaptation, or partial or total exploitation of Elements by any process whatsoever, without the prior written authorization of the Company, is likely to constitute an infringement within the meaning of Articles L.335-2 et seq. of the Intellectual Property Code. Access to the Site does not confer any intellectual property right relating to any of the Elements, which remain the exclusive property of the Company. Any offender will be prosecuted by the Company before the competent courts.

Article 5 - HYPERTEXT LINKS AND COOKIES

The site https://biomagnets.app contains a certain number of hypertext links to other sites, set up with the authorization of the site owner. However, the publisher does not have the possibility to verify the content of the sites thus visited, and will therefore assume no responsibility for this fact. Browsing the site https://biomagnets.app is likely to cause the installation of cookie(s) on the user's computer. A cookie is a small file, which does not allow the identification of the user, but which records information relating to the navigation of a computer on a site. The data thus obtained is intended to facilitate subsequent navigation on the site, and is also intended to allow various measures of attendance. Refusal to install a cookie may make it impossible to access certain services. However, the user can configure their computer to refuse the installation of cookies.

Article 6 - APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION

Any dispute relating to the use of the site https://biomagnets.app is subject exclusively to French law and language. Exclusive jurisdiction is attributed to the courts of the registered office of the Company owning the site.