GENERAL CONDITIONS OF USE AND SERVICES N ° 2020/01 UPDATED ON 22/10/2020
Article 1 - DEFINITIONS
Alert: refers to the ASSIST Watch alert device triggered automatically (i) depending on the type of fall of the User, (ii) in the event of leaving a zone, (iii) in the event of prolonged immobility or ( iv) manually, and making it possible to notify the Co-assistants of a need for assistance from the User;
Mobile application: refers to the ASSIST mobile application developed in Android version (v.4.1 and following) and iOS (v.8 and following and available free of charge on Google Play Store and on the App Store) allowing to receive notifications directly on their mobile device in the event of an Alert being triggered;
Watch: refers to the Watch developed by CO-ASSIST, configured and made available to the User, allowing the triggering of Alerts aimed at informing the assistants of a need for help from the User;
Assistant: means any natural or legal person designated by another Assistant, the Subscriber or the User with a view to intervening with the User in the event of an Alert being triggered;
Heavy fall: designates the rapid fall of the User, associated with a shock and followed by a period of immobility on the ground lasting a minimum of 20 seconds, detected by the Watch;
General Conditions: refers to these general conditions of use and services of ASSIST SERVICES;
Contract: refers to the Services subscription form, these General Conditions as well as the user manual for the User;
Services: refers to all the services provided by the Solution under the conditions defined in Article 5 of the General Conditions;
Website: refers to the Website developed by WH-SAFETY CONSULTANCY LTD.
Solution: refers to the technical and technological software solution developed by CO-ASSIST accessible via the Website, the Watch and the Mobile Application;
Exiting Zone : refers to both the Alert functionality and the action leading to the Alert. As part of this functionality, the Assistants are notified when the User is detected outside an area previously defined on the user account; for it to be detected outside the zone, the entire precision disk of its position must be outside the zone;
Subscriber: refers to the natural or legal person signing the Contract for their personal needs or on behalf of the User, payer, and having the capacity to conclude such an act;
User: refers to the natural person residing in all the territories covered by the SIGFOX network carrying the Watch, designated by the Subscriber or able to subscribe directly to the Services.
Article 2 - SCOPE OF APPLICATION
The purpose of these General Conditions is to govern the conditions of use of the Website and of all the Services offered by WH-SAFETY CONSULTANCY LTD. / ASSIST, except to the extent that the services offered are the subject of a separate contract. Specific conditions or contracts may apply to the use of certain Services and other elements that are provided to Assistants and / or to the User via the Solution.
2.1 Acceptance of the General Conditions
The Subscriber acknowledges having had communication, prior to the conclusion of the Contract, in a clear and understandable manner, of these General Conditions and of all the information listed in Article L. 121-17 of the Consumer Code, and in particular the following information: the essential characteristics of the Services provided by WH-SAFETY CONSULTANCY LTD. / ASSIST; the price and ancillary costs of the Services; in the absence of immediate performance of the Contract, the date or time limit within which the Services will be provided; information relating to the identity of WH-SAFETY CONSULTANCY LTD. / ASSIST, its postal, telephone and electronic contact details, and its activities, if it does not appear from the context; the possibility and the conditions for withdrawing within fourteen days from the delivery of the material;
The General Conditions establish the contractual conditions exclusively applicable in relation to the use of the Services by the User, the Subscriber and the Assistants, in a private capacity.
By subscribing to the Services, the User and / or the Subscriber agree (s) to abide by these General Conditions without reservation.
Likewise, any use of the Website and / or the Services offered by the Assistants implies consultation and unreserved acceptance of these General Conditions.
The express acceptance of the General Conditions will result from the selection by the Subscriber or the Co-assistant of the checkbox corresponding to the following sentence on the Website:
“ I expressly acknowledge that I have read and fully accept the General Conditions of WH-SAFETY CONSULTANCY LTD.. "
2.2 Modification of the General Conditions
The applicable General Conditions are those in force on the date of subscription to the Services on the Website.
WH-SAFETY CONSULTANCY LTD. / ASSIST reserves the right to make any changes it deems necessary and useful to these General Conditions at any time.
WH-SAFETY CONSULTANCY LTD. / ASSIST will update the General Conditions by indicating the date of the last update at the top of these General Conditions.
Any Subscriber or Assistant who continues to access / or use the Service (s) offered by the Solution must accept the modifications after they have been notified to him; acceptance confirms that it is in agreement with the new General Conditions and accepts them without reservation.
If the user does not agree with the General Conditions in force, he can neither use the Watch, nor the mobile application, nor proceed to the use of any service offered by WH-SAFETY CONSULTANCY LTD. / ASSIST.
Article 3 - OWNERSHIP
The Website and all the elements constituting the Solution are creations for which WH-SAFETY CONSULTANCY LTD. / ASSIST and / or, where applicable, its partners, are holders of all intellectual property rights and / or exploitation rights, in particular under copyright, database law, trademark law, and design law.
The Website, the Watch and the Mobile Application, as well as the software, databases, texts, information, analyzes, images, photographs, graphics, logos, sounds or any other data contained therein remain the exclusive property of WH-SAFETY CONSULTANCY LTD. / ASSIST or, where applicable, their respective owners with whom they have entered into user agreements.
Any user of the Solution is granted a non-exclusive, non-transferable and private right to use the Website, the Mobile Application and the data contained therein. The right thus granted consists of a right to consult the data and information contained online, and a reproduction right consisting of printing and / or saving the data and information consulted. This right of use is understood only for strictly private use.
Any other use of the Website of the Mobile Application but also of the Watch, in particular commercial, by the user (Assistant / User), is prohibited. Any user of the Solution is particularly forbidden, in a non-exhaustive manner, to reproduce and / or represent for any use other than private, sell, distribute, issue, translate, adapt, disseminate and communicate in whole or in part in any form whatsoever. any element, information or data from the Website and the Mobile Application.
In addition, the Assistant and the User agree not to introduce, by any means whatsoever, data liable to modify or affect the content or presentation of the Website, the Mobile Application and the Watch.
Article 4 - CONDITIONS OF REGISTRATION AND USE OF SERVICES / PERSONAL ACCOUNT
4.1 Access to the Services is open to any natural person acting in a private capacity:
- creating a personal account on the Website, communicating to WH-SAFETY CONSULTANCY LTD. / ASSIST via the Website the parameters requested for the use of the Watch, and accepting the contractual documents; or
- transmitting all the necessary elements as requested in the WH-SAFETY CONSULTANCY LTD. / ASSIST subscription form, and accepting the contractual documents sent by mail by returning them signed.
Only the Subscriber having the legal capacity to contract within the framework of these presents can subscribe to the Services.
Each Subscriber must first provide a minimum information base to access the Services, namely:
- Concerning the User: last name, first name, address, telephone number;
- Concerning the Subscriber (if different from the User): name, first name, email address, address and telephone number;
- Concerning the Assistants: names, first names, addresses and telephone numbers.
WH-SAFETY CONSULTANCY LTD. / ASSIST then sends an email to the Subscriber to validate the email address provided.
Any Assistant registered on the Website can unsubscribe at any time by sending a message to firstname.lastname@example.org
4.2 The Subscriber and the Assistants undertake to provide sincere, accurate, up-to-date and complete information on their identity and contact details, as requested in the registration form available on the Website, and refrain from use the names and contact details of third parties who have not given their consent for this designation. WH-SAFETY CONSULTANCY LTD. reserves the right to request any additional information or supporting documents, in particular relating to the agreement of the Assistant registered directly by sending emails or letters to the addresses mentioned.
In the event that the Subscriber or the Assistant provides false, inaccurate, outdated, incomplete, misleading or misleading information, WH-SAFETY CONSULTANCY LTD. / ASSIST may, immediately and without notice or compensation, whatever it may be, suspend or terminate the User's personal account and deny him access, temporarily or permanently, to the Services offered or even unsubscribe one or more Assistants.
The Subscriber and the Assistants are solely responsible for the use made of the personal data provided. Any access, use of the Services and transmission of data made from a personal account will be deemed to have been made by the Subscriber, the Assistant or the User as the case may be.
4.3 In order to use the Watch, WH-SAFETY CONSULTANCY LTD. / ASSIST informs the Subscriber that the User must be located in a geographical area covered by the SIGFOX network.
Article 5 - DESCRIPTION OF SERVICES WH SAFETY TECH / ASSIST
5.1 Provision of the Watch
5.1.1 The material made available to the User consists of:
- of the Watch;
- the Watch charging base and its socket; and
- instructions for use.
5.1.2 On receipt of the subscription request and the first payment, WH-SAFETY CONSULTANCY LTD. / ASSIST sends the equipment by registered letter to the delivery address provided (at the Subscriber or User).
5.1.3 The User or the Subscriber will carry out the initial configuration of the Watch according to the user manual provided by WH-SAFETY CONSULTANCY LTD. / ASSIST.
The operation of the equipment is conditioned by the fact that the location of the User when the Alert is triggered is located in a geographical area covered by the SIGFOX network. To find out, just perform a test in accordance with the instructions for use.
It is strongly recommended that the User accompanied by the Subscriber if necessary to reproduce this test in any place where he is used to going to test the network coverage.
In the event of difficulties during the initialisation of the Watch, WH-SAFETY CONSULTANCY LTD. / ASSIST provides a number of the technical assistance service in order to accompany it in this step. This service can be contacted on 00332 78 34 04 51 or by email at the following address email@example.com
5.1.4 In the event of equipment malfunction, the technical assistance service of WH-SAFETY CONSULTANCY LTD. / ASSIST is available to the User or the Subscriber:
- by phone on 00332 78 34 04 51
- by e-mail at the following address: firstname.lastname@example.org.
As part of the rental agreement, in the event of equipment malfunction not attributable to the User or the Subscriber, requiring the replacement of the equipment, WH-SAFETY CONSULTANCY LTD. / ASSIST ensures its exchange, provided that the old equipment is returned to it within the as soon as possible and that the analysis of the malfunction by the technicians, providers of WH-SAFETY CONSULTANCY LTD. / ASSIST confirms that the malfunction is not attributable to its User. Under the Economy formula, the watch and its accessories are guaranteed for two years.
5.1.5 If the rental option is chosen, this equipment is rented for the benefit of the User. It remains the elusive and inalienable property of WH-SAFETY CONSULTANCY LTD. / ASSIST. It cannot be transferred, sublet or loaned, in any form whatsoever by the User or the Assistants to a third party.
Said material is made available to the User who has custody of it. As a guardian, he is responsible for any damage caused to the equipment. He must return it complete, undamaged except through normal use, and in good working order in the event of termination of the Contract for any reason whatsoever.
5.2 Triggering an Alert system as part of the automatic default process
5.2.1 When an Alert is triggered, whether manually or automatically, the Watch attempts to geolocate the User and calls him on his telephone number provided on the Website.
Call attempts are made for a period of approximately ninety (90) seconds until the User answers, in order to ensure that the Alert is real.
The User will have to press a key on the telephone in order to cancel the Alert if the Alert has been triggered by mistake or has no basis.
5.2.2 If the Alert has not been canceled, the WH-SAFETY CONSULTANCY LTD. / ASSIST services geolocate all the Assistants using the Mobile Application or according to the information provided on the Website or by paper, in order to to determine which one is located in the geographical area closest to the User.
He is then contacted immediately with the closest Assistant according to the address indicated or his geolocation (i) by telephone call from an automated server to the number provided on the Website, or (ii) by notification by the through the Mobile Application.
If the closest Assistant does not respond, he is then contacted with the next most relevant Assistant according to the address indicated or his geolocation which is determined according to a decision algorithm set up by WH-SAFETY CONSULTANCY LTD. / ASSIST, and the same operation is done until an Assistant answers or all Assistants have been contacted.
5.2.3 This Service is provided 24 hours a day, 7 days a week.
5.2.4 The use of the geolocation functionality of the Watch requires the prior express consent of the User or the Subscriber having full power to act in the name and on behalf of the User concerned to be geolocated.
The use of the geolocation functionality of the Mobile Application requires the prior express consent of the Assistant concerned to be geolocated. To do this, the Assistant will have to activate, if he wishes, the geolocation function directly in the settings of his mobile terminal and accept that the Mobile Application can use it. This feature can be deactivated or activated at any time and without charge.
5.3 Users can also choose to receive simple notifications by email, sms, or single phone call notifying them of the alert. This Service is provided 24 hours a day, 7 days a week.
5.4 Users can choose to configure custom processes themselves using the dedicated interface.
ARTICLE 6 - PAYMENT OF THE PRICE
6.1.1 The Subscriber must make an initial payment depending on the package chosen. He will then pay in fixed monthly instalments for the duration of use of the Service. At the end of each month, the invoices will be accessible in PDF format in the "My account" area.
6.1.2 Access to the Mobile Application offered by WH-SAFETY CONSULTANCY LTD. / ASSIST requires the use of a mobile phone allowing the transmission of data and the reception of text and / or electronic messages.
As such, various charges, including roaming charges, may be billed to users of the Mobile Application by their own telephone operator, which they expressly and unreservedly acknowledge.
6.2 Terms of payment
When ordering, the Subscriber will be offered the option of making payment by instalments by online bank card or by monthly direct debits due on the Subscriber's bank account.
The order validated by the Subscriber will only be considered effective when payment for the order has been received or confirmed to WH-SAFETY CONSULTANCY LTD. / ASSIST.
The Subscriber's banking information is neither stored nor transmitted by WH-SAFETY CONSULTANCY LTD. / ASSIST except when using a paper form for the subscription.
The Subscriber must keep WH-SAFETY CONSULTANCY LTD. / ASSIST informed of any change of bank account or expiration of bank card, at the latest 10 days before the next debit deadline.
6.3 Default of payment
In the event of non-payment, WH-SAFETY CONSULTANCY LTD. / ASSIST will notify the User and the Subscriber if they are separate that they will have fifteen (15) days in order to regularise the payment.
In the absence of regularisation, WH-SAFETY CONSULTANCY LTD. / ASSIST reserves the right to terminate the Contract and to apply the late payment interest provided for below.
In the absence of payment on the due date, late payment interest will be legally due and calculated on the basis of a rate equal to three (3) times the legal interest on the day following the due date mentioned on the invoice, without no reminder is necessary. No discount is granted for cash payment. In accordance with Articles L. 441-6 and D. 441-5 of the Commercial Code, any late payment automatically entails, in addition to late payment penalties, an obligation to pay a lump sum indemnity of forty (40) euros for recovery.
In addition, any recovery procedure that WH-SAFETY CONSULTANCY LTD. / ASSIST will be forced to initiate with regard to the Subscriber or the Subscriber will remain at the Subscriber's expense, without prejudice to the application of the aforementioned late penalties and / or the right for WH-SAFETY CONSULTANCY LTD. / ASSIST to claim all damages.
For any rejection of direct debit for any reason whatsoever, WH-SAFETY CONSULTANCY LTD. /ASSIST reserves the right to pass on the costs caused by such rejection of € 20 to the Subscriber's next monthly payment.
In the event that CO-ASSIST SERVICES would be considered responsible for damages related to an error in the sums debited, WH-SAFETY CONSULTANCY LTD. / ASSIST may be exonerated from all or part of its liability by providing proof that the non-performance or improper execution of the Contract is attributable either to the Subscriber, to the unforeseeable and insurmountable fact of a third party to the Contract, or to a case of force majeure.
Any modification of the method of payment must be authorised in advance by WH-SAFETY CONSULTANCY LTD. / ASSIST.
6.4 Penalties in the case of the rental formula
When subscribing, in the case of a rental formula, in order to constitute a guarantee that can be fully or partially waived by WH-SAFETY CONSULTANCY LTD. / ASSIST in the cases and according to the conditions detailed below and exhaustively listed: loss, theft, destruction , degradation or non-return after replacement or termination of the Contract, the Subscriber authorises WH-SAFETY CONSULTANCY LTD. / ASSIST to withdraw €190 from his bank account.
The corresponding amount of penalties is payable at the first request of WH-SAFETY CONSULTANCY LTD. / ASSIST, in the event of a failure by the User or Co-assistant to comply with his obligations hereunder.
The nature and / or the amount of the penalties due to WH-SAFETY CONSULTANCY LTD. / ASSIST in the event of their failure are established as follows:
- loss, theft, destruction, degradation unrelated to normal use of the equipment making the solution unusable: lump sum of € 190;
- failure to return the equipment after a period of thirty (30) days following the acknowledgment of receipt by WH-SAFETY CONSULTANCY LTD. / ASSIST or the Subscriber of the termination of the Contract: lump sum of € 190;
- failure to return the equipment after a period of thirty (30) days following the acknowledgment of receipt by WH-SAFETY CONSULTANCY LTD. / ASSIST of the User's death certificate: fixed amount of € 190.
In the event of a deposit by check, when the equipment disappears or is stolen, WH-SAFETY CONSULTANCY LTD. / ASSIST collects the amount previously agreed as a guarantee. In case of continuation of the Contract, the Subscriber will have to reconstitute a deposit of € 190.
The Subscriber undertakes to report any change in his relationship with the bank whose contact details have been provided within the framework of these General Conditions, which may affect, during the term of the Contract, the successful completion of the direct debit authorisation granted by said bank or the correct cashing of the security deposit check.
Article 7 - ENTRY INTO FORCE AND DURATION OF THE CONTRACT / TERMINATION
7.1 Entry into force and duration of the Contract
The Contract takes effect from the receipt by the User or Subscriber of the equipment for a period of one month; it is then renewed monthly by tacit agreement for periods of one (1) month.
7.2 Termination at the initiative of the Subscriber
The Subscriber may terminate the Contract as of right, at any time and without notice, compensation or costs (except where applicable the costs of returning the material), subject to informing WH-SAFETY CONSULTANCY LTD. / ASSIST by email at email@example.com or any month started will be fully due to WH-SAFETY CONSULTANCY LTD. / ASSIST.
WH-SAFETY CONSULTANCY LTD. / ASSIST will acknowledge receipt of this termination by email, specifying the conditions for returning the equipment in the case of the Freedom package and will suspend future payments. The Subscriber then undertakes to return the equipment within thirty (30) days following the acknowledgment of receipt by WH-SAFETY CONSULTANCY LTD. / ASSIST of the termination letter. If, at the end of these thirty (30) days, the material has not reached WH-SAFETY CONSULTANCY LTD. / ASSIST, the Subscriber will be liable to WH-SAFETY CONSULTANCY LTD. / ASSIST for a penalty defined in Article 6.4 hereof.
7.3 Termination at the initiative of WH-SAFETY CONSULTANCY LTD. / ASSIST
WH-SAFETY CONSULTANCY LTD. / ASSIST has the possibility of terminating the Contract automatically and at any time, subject to informing the Subscriber by registered letter with acknowledgment of receipt (it is the responsibility of the latter to inform the User and the Subscriber thereof. ) and to respect a notice period of thirty (30) days from the receipt by the Subscriber of his letter. The Alert Service will be executed and the price will be due until the effective date of termination, namely at the end of the aforementioned notice period.
This termination may in particular occur in the event of abuse in the use of the Service or misuse.
At the time of any termination, the rights and licenses granted to users will be terminated and the User must cease all use of the Watch, while the Assistants must cease all use of the Mobile Application. The Subscriber then undertakes to return the equipment within thirty (30) days of the Subscriber's acknowledgment of receipt of the termination letter. If, at the end of these thirty (30) days, the material has not reached WH-SAFETY CONSULTANCY LTD. / ASSIST, the Subscriber will be liable to WH-SAFETY CONSULTANCY LTD. / ASSIST for a penalty defined in Article 6.4 hereof.
7.4 Termination in the event of the death of the User
The Contract is automatically terminated in the event of the death of the User. The price of the Services, and more generally of any services provided, will be due until the day of the User's death as indicated in the death certificate which must be communicated to WH-SAFETY CONSULTANCY LTD. / ASSIST by registered letter with acknowledgment of receipt. , as soon as possible WH-SAFETY CONSULTANCY LTD. / ASSIST will reimburse the Subscriber if he is not the User or to the User's beneficiaries any overpayment. The Subscriber, if he is not the User or the successors of the User, then undertake to return the equipment within thirty (30) days following the acknowledgment of receipt by WH-SAFETY CONSULTANCY LTD. / ASSIST of the death certificate of the User. If at the end of these thirty (30) days the material has not reached WH-SAFETY CONSULTANCY LTD. / ASSIST.
ARTICLE 8 - LIABILITY - GUARANTEE
8.1 WH-SAFETY CONSULTANCY LTD. / ASSIST offers the Solution as is and does everything possible to ensure its updating, maintenance and operation, but gives no warranty as to technical faults or infallibility of operation or as to the fact that the Solution will be operational at all times.
Access to the Website or the Mobile Application may be interrupted, in particular in the context of maintenance operations, upgrades or updates, emergency repairs, or as a result of unrelated circumstances. of the will of CO-ASSIST SERVICES. CO-ASSIST SERVICES undertakes to take all reasonable measures to limit these disturbances, insofar as they are attributable to it.
8.2 Under the rental package, the equipment is made available to the User who has custody of it. As a guardian, he is responsible for any damage caused to the equipment. He must return it complete, undamaged except through normal use, and in good working order in the event of termination of the General Conditions for any reason whatsoever.
In the event of loss, theft, destruction, damage or non-return after replacement or termination of the Contract, the Subscriber will be liable - in the name and on behalf of the User if it is separate from it - to WH-SAFETY CONSULTANCY LTD. / ASSIST, a penalty defined in Article 6.4 hereof.
8.3 Since the Services essentially aim to set up a system for triggering an Alert, the Company's obligations under the Contract are obligations of means.
In accordance with the limits established in these General Conditions and authorised by law, WH-SAFETY CONSULTANCY LTD. / ASSIST cannot be held responsible, with regard to the User or the Assistants, unless the User or the Assistant concerned has suffered, paid or suffered direct damage that may be attributed to a lack of obligations of means within the framework of the Services offered by WH-SAFETY CONSULTANCY LTD. / ASSIST.
WH-SAFETY CONSULTANCY LTD. / ASSIST cannot, however, under any circumstances be held liable if the non-performance of the Contract is attributable to the User or to one of his Assistants, or to the unforeseeable and insurmountable fact of a foreign third party. the provision of the services provided for in the Contract, or a case of force majeure.
8.4 WH-SAFETY CONSULTANCY LTD. / ASSIST does not directly or indirectly provide any assistance to the User in the event of an alert and is not intended to replace the emergency services, doctors and their decisions.
8.5 In addition, any User is prohibited from introducing, by any means whatsoever, data likely to modify or harm the content or presentation of the Solution.
8.6 Finally, WH-SAFETY CONSULTANCY LTD. / ASSIST cannot be held liable for a loss that occurs for the following reasons:
- any interruption of service or equipment due to technical failure, whether temporary and / or partial, breakdown, repair, update, improvement or maintenance,
- any interruption of service due to hacking or sabotage, an epidemic, a riot or any other case of force majeure (disasters, wars, earthquake, fire, flood, etc.);
- any handling error and more generally any use that does not comply with the technical characteristics of the equipment by the User or the Assistant and any intervention by an unidentified third party;
- incorrect or incomplete information from the Assistant or the User;
- the occurrence of an accident, or any damage whatsoever during the intervention of a Assistant or a third party following an Alert;
- any intentional or unintentional damage to the equipment, accidents of all kinds affecting the equipment or the telephone or electrical networks or the SIGFOX network, such as shock, overvoltage, lightning, flooding, fire and in general, all events resulting from abnormal use or situation; and more generally
- the questioning of the responsibility of a User, Assistant or any third party before any jurisdiction whatsoever or for any reason whatsoever.
8.7 WH-SAFETY CONSULTANCY LTD. / ASSIST makes a daily statement of the operating status of the watch, this information is available to Assistants through the web interface.
ARTICLE 9 - PERSONAL DATA AND COMPLIANCE WITH THE GENERAL DATA PROTECTION REGULATIONS
9.1 The Subscriber and / or the User must communicate to WH-SAFETY CONSULTANCY LTD. / ASSIST the exact data requested of him during his subscription, and keep them up to date throughout the duration of the service; failing which WH-SAFETY CONSULTANCY LTD. / ASSIST will not be able to carry out its obligations under these General Conditions. The Subscriber and / or the User fully accepts that the data communicated to WH-SAFETY CONSULTANCY LTD. / ASSIST will be communicated to the Assistants, which he has previously selected, within the framework of the Services.
9.2 In application of the data protection regulations (RGPD), it is recalled that the WH-SAFETY CONSULTANCY LTD. / ASSIST solution collects personal data. They are necessary for the detection of distress situations, the processing of alerts and the provision of their history by WH-SAFETY CONSULTANCY LTD. / ASSIST. WH-SAFETY CONSULTANCY LTD. / ASSIST hosts this data with Amazon Web Services and as part of the processing of alerts; calls and sends SMS from the Twilio service. These 2 third-party services are themselves in compliance with data protection (RGPD).
The User and the Assistants have a right of access, modification, rectification and opposition, with a commitment to perform Co-assist within a period of 1 month, with regard to information concerning him, which he/she will send by ordinary mail to WH-SAFETY CONSULTANCY LTD. / ASSIST, and justifying his identity:
WH-SAFETY CONSULTANCY LTD.
3 Cluain Mhor,
by email at the following address: firstname.lastname@example.org
The User and the Assistants have the right to lodge a complaint with a supervisory authority such as the CNIL at the following address https://www.cnil.fr/fr/plaintes.
9.3 If the data transmitted for the purposes of using the Solution's services include personal data, the Subscriber and / or the User guarantees WH-SAFETY CONSULTANCY LTD. / ASSIST that he has fulfilled all the obligations incumbent on him at the end of the Legislation on the Processing of Personal Data (Law n ° 78-17 of January 6, 1978 relating to data processing, files and individual freedoms as amended by law n ° 2004-801 of August 6, 2004, decree n ° 2005-1309 of October 20, 2005 taken for the application of the law of January 6, 1978, and in accordance with the general data protection regulations), and that it requested the explicit consent of the natural persons concerned of the use that is made of said personal data. as such, the Subscriber and / or the User guarantees WH-SAFETY CONSULTANCY LTD. / ASSIST against any recourse,
The Subscriber is solely responsible for the quality, lawfulness and relevance of the data and content that he transmits for the purposes of using the services. He also guarantees that he owns the intellectual property rights allowing him to use data and content. Consequently, WH-SAFETY CONSULTANCY LTD. / ASSIST declines all responsibility in the event of non-compliance of the data and / or content with laws and regulations, public order or even the needs of the User.
The Subscriber guarantees WH-SAFETY CONSULTANCY LTD. / ASSIST at first request against any damage resulting from its being called into question by a third party for a violation of this guarantee.
More generally, the Subscriber is solely responsible for the content and messages disseminated and / or downloaded via the Website. He remains the sole owner.
In any case, the data relating to the state of health of the User which could be obtained during the execution of the Contract cannot be the object of any commercial exploitation and is not transmitted to anyone for purposes commercial prospecting. These data will only be used for the purpose of performing the Contract or new services.
WH-SAFETY CONSULTANCY LTD. / ASSIST undertakes to keep personal data only for the duration of the contract.
WH-SAFETY CONSULTANCY LTD. / ASSIST and each of the users undertake to implement the appropriate technical means to ensure data security.
WH-SAFETY CONSULTANCY LTD. / ASSIST undertakes to preserve the integrity and confidentiality of the data contained in the Solution. WH SAFETY TECH / ASSIST will put in place the technical and organisational measures to prevent any access or fraudulent use of data and to prevent any loss, alteration and destruction of data. Finally, the data will be kept inside the European Union, without possible transfer outside.
9.4 The Subscriber is informed and accepts that when accessing the Website a cookie may be installed on the Subscriber's computer. A cookie does not allow the user to be identified. On the other hand, it makes it possible to record information relating to the navigation of the computer on the Website, which can be read during subsequent visits in order in particular to facilitate browsing on the Website.
The Subscriber may oppose this registration via the preferences of his browser.
For Microsoft Internet Explorer, the procedure is as follows:
- Choose the »Tools« menu, then »Internet options«
- Click on the "Confidentiality" tab
- Select the "Block all cookies" level using the cursor
For other internet browsers, please consult your browser instructions for how to change settings or delete cookies.
For Google Chrome:
The personal data collected by WH-SAFETY CONSULTANCY LTD. / ASSIST may be transferred abroad in the European Union (EU) or outside the EU to countries ensuring adequate protection of personal data.
ARTICLE 10 - RIGHT OF WITHDRAWAL
The “consumer” Subscriber has a legal right of withdrawal, the conditions of which are recalled below.
10.1 In accordance with Article L. 221-18 of the Consumer Code, the Subscriber has a withdrawal period of fourteen (14) days from the conclusion of the Contract.
The Subscriber must notify WH-SAFETY CONSULTANCY LTD. / ASSIST, before the expiry of the withdrawal period, in writing, of his unambiguous decision to withdraw at the following postal address: WH-SAFETY CONSULTANCY LTD. / ASSIST, 3 Cluain Mhor, Tramore, Co. Waterford, Ireland X91 H6H2, or by email to the following email address: email@example.com
The Subscriber can use the model withdrawal form provided in Annex 1 hereof.
10.2 In accordance with article L. 221-23 of the Consumer Code, in the event of exercise of the right of withdrawal by the Subscriber under the above conditions, the Subscriber must return or return the material to WH-SAFETY CONSULTANCY LTD. / ASSIST, 3 Cluain Mhor, Tramore, Co. Waterford, Ireland, X91 H6H2, without undue delay and, in any event, no later than fourteen (14) days after the Subscriber has communicated his decision to withdraw. This deadline is deemed to have been met if the Subscriber returns the equipment before the expiration of the fourteen (14) day period.
The Subscriber will have to bear the direct costs of returning the material (costs of letter followed).
WH-SAFETY CONSULTANCY LTD. / ASSIST is not responsible for lost returns. The responsibility of the Subscriber will be engaged only with regard to the depreciation of the material resulting from manipulations other than those necessary to establish the nature, the characteristics and the good functioning of the material.
10.3 In accordance with Article L. 221-24 of the Consumer Code, in the event of withdrawal by the Subscriber, WH-SAFETY CONSULTANCY LTD. / ASSIST will reimburse the Subscriber for all payments received from him, including delivery costs without excessive delay and, in any event, at the latest fourteen (14) days from the day on which WH-SAFETY CONSULTANCY LTD. / ASSIST is informed of the Subscriber's decision. It is also recalled that for contracts for the sale of goods, unless he offers to collect the goods himself, the professional may defer the reimbursement until recovery of the goods or until the consumer has provided proof of the shipment of these goods, the date chosen being that of the first of these facts. WH-SAFETY CONSULTANCY LTD. / ASSIST will reimburse using the same means of payment as that which the Subscriber will have used for the initial transaction, unless the parties expressly agree on a different means; in any event, this reimbursement will not incur costs for the Subscriber.
10.4 In accordance with Article L. 221-25 of the Consumer Code, if the Subscriber wishes to begin the provision of services before the end of the withdrawal period mentioned in Article 10.1, WH-SAFETY CONSULTANCY LTD. / ASSIST will collect his express request by any average for contracts concluded at a distance and on paper or on a durable medium for contracts concluded off-premises.
In this case, the Subscriber remains free to terminate the contract at any time under the conditions of article 7.3.
No sum is due by the Subscriber who has exercised his right of withdrawal if his express request has not been received in application of the first paragraph or if WH-SAFETY CONSULTANCY LTD. / ASSIST has not complied with the information obligation provided for in 4 ° of Article L. 221-5 of the Consumer Code.
ARTICLE 11 - NULLITY
If one or more provisions of this Contract are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent court, the other provisions will retain all their force and their scope.
ARTICLE 12 - LANGUAGE AND APPLICABLE LAW
These General Conditions are written in English. In the event that they are translated into one or more languages, only the English text will prevail in the event of a dispute.
All the clauses appearing in these General Conditions are subject to IRISH LAW with the exception of its conflict of laws rules.
In the event of difficulties in the application of these General Conditions, the Subscriber has the possibility, before any legal action, to seek an amicable solution in particular with the help of a professional association of the branch, of a consumer association. or any other consumer mediator under the conditions of Articles L. 611-1 et seq. and R. 612-1 of the Consumer Code.