General conditions of use

Living better with Parkinson’s
GENERAL CONDITIONS OF USE

Terms of Use updated April 12, 2022

  • ARTICLE 1. DEFINITIONS

Under these General Terms and Conditions of Use (GCU), all the following terms, with a capital letter, have the meaning below and are understood both in the singular and in the plural:

AccountRefers to an access system requiring a username and a personal password allowing the User to access his Account;  
General Terms of Use (GCU):The General Conditions of Use are made available on the Site. They define and delimit the conditions of use for any person who accesses and uses the Site;  
Data(s):Any element (information, texts, photographs, messages, etc.) collected by the User and implemented by him within the Site and the Services through its use;  
Personal Data(s):Means any information relating to an identified or identifiable natural person; an identifiable natural person is a natural person who can be identified, directly or indirectly, in particular by reference to an identifier, such as a name, an identification number, location data, an online identifier, or to one or more factors specific to his or her physical, physiological, genetic, mental, economic, cultural or social identity;  
Functionality :Refers to the element implemented, accessible and usable by a User when browsing the Site;  
Day:Denotes a calendar day in France;  
Means of Access :Methods and/or functions by which the User may access one or more Services in order to use them for his own needs;  
Living better with Parkinson’s:Refers to the Site;
MVAPRefers to the trade name of the sole proprietorship JUST CLEMENT, registered in the Bordeaux Trade and Companies Register  under SIREN number 882 233 307;  
Operator :Means any company that operates different electronic telecommunications networks necessary for access to and use of the Services;  
Part :Refers to one of the signatories of these Terms;
Services :All the services made available to the User by MVAP and accessible via the Means of Access;  
Site:  IT solution that allows the User to use the Features and Services offered by MVAP ;  
Third parties :Refers to natural persons who have not accepted these Terms, yes who are not unrelated to MVAP and/or the User;  
User :Refers to any natural person accessing the Site.
  •  ARTICLE 2. PURPOSE OF THE GENERAL CONDITIONS OF USE

The purpose of these General Terms and Conditions of Use is to define the terms and conditions of provision of the Services of the Living Better with Parkinson’s Site  and the conditions of use of the Services by the User.

By accessing the Site, the User expressly acknowledges having read these General Terms and Conditions of Use and undertakes to comply with them.

For any request for information or any contact, the User undertakes to contact MVAP by email contact@mieuxvivreavecparkinson.com.

  • ARTICLE 3. ACCEPTANCE OF THE GENERAL CONDITIONS OF USE

These General Terms and Conditions of Use apply to all Services made available by MVAP on the Site as presented herein.

The GTCU can, at any time, be consulted from the Site. The User agrees that these T&Cs are not sent to him in paper form.

In the event that the User does not wish to accept all or part of these Terms, he is asked to renounce any use of the Services.

As such, the User undertakes alone to read the GTCU during his first access and throughout the connections he makes.

These T&Cs are supplemented by:

  • The legal notices of the Site;
  • The Personal Data Protection Policy.
  • ARTICLE 4. DESCRIPTION OF THE SITE

The Living Better with Parkinson’s Site is a website based on an innovative concept, namely self-rehabilitation of Parkinson’s disease. 

In this regard, the Site allows any User to learn about Parkinson’s disease and thus learn to live better with it.

It also allows Users who have subscribed to a subscription and benefit from a  Compte to be able to access adapted physical exercises, which are in no way a substitute for physical support, but constitute a complementary service to existing support.

The Site thus makes it possible to describe the Services offered by MVAP for the benefit of Users.

The Living Well with Parkinson’s Site  is available in French and English.

  • ARTICLE 5. ACCESS TO THE SITE

Simple access to the Site does not require an access code or identifier.

The Site as well as the Services, which do not require the subscription of any subscription, are accessible and usable twenty-four hours a day (24 hours a day) and seven days a week (7 days a week) provided that you have a computer terminal to connect to the Internet network and Internet access.

The Site is accessible free of charge to any User with internet access. All costs related to access to the Services, whether hardware, software or internet access costs are exclusively the responsibility of the User. He is solely responsible for the proper functioning of his computer equipment as well as his access to the internet.

MVAP reserves the right to refuse access to the Services, unilaterally and without prior notice, to any User who does not comply with these Terms.

MVAP makes every reasonable effort to ensure quality access to the Services, but is under no obligation to do so.

MVAP cannot, in addition, be held responsible for any malfunction of the network or servers or any other event beyond reasonable control, which would prevent or degrade access to the Services.

MVAP reserves the right to interrupt, temporarily suspend, modify without notice access to all or part of the Service in order to ensure its maintenance, or for any other reason, without the interruption giving rise to any obligation or compensation.

The Site and the Services are intended only for adults and having legal capacity. Any access to or use of the Site or Services by a person who is not of legal age is strictly prohibited, except with the prior and express consent of its legal representatives.

By accessing or using the Site or services, the User declares and guarantees to be of legal age and to have full legal capacity.

  • ARTICLE 6. DESCRIPTION OF THE SERVICES MADE AVAILABLE BY THE SITE

All of these elements are referred to herein as the “Services“.

  • 6.1. Functionalities accessible to all Users of the Site

From the Living Better with Parkinson’s Site, Users may, without creating a Personal Account:

  • Access news about Parkinson’s disease;
  •  Access general information about Parkinson’s disease;
  • Discover the role of physiotherapy in Parkinson’s disease;
  • Access a presentation of the various stakeholders in the management of Parkinson’s disease;
  • Access a presentation of the Site, its founder and the coach in charge of exercise programs;
  • Access a page presenting the various Services accessible to Users who have subscribed;
  • Contact MVAP to take advantage of its Services, or for any other reason;
  • Access the Dashboard to access the Services requiring a subscription;
  • Access links to social networks managed by MVAP ;
  • Access the information elements relating to data protection and the legal notices of the Site.
  • 6.2. Services that require the creation of a subscription

From the Living Better with Parkinson’s Site Dashboard, Users with a subscription can:

  • Access programs including  adapted physical exercises with 3 levels of difficulty (easy / intermediate / difficult), renewed weekly by a coach;
  • Access, in a complementary way to the programs,   videos whose role is to explain to the User how to carry out all the physical  exercises;
  • Access each week to a live adapted sports session with a coach in order to energize the Users’ weeks and create a meeting link between the Users of the Site;
  • Access via live, two to three times a month, conferences given by health professionals specialized in the management of Parkinson’s disease;
  • Access a forum allowing Users to exchange with each other on topics that interest them.
  • ARTICLE 7. ACCESS TO SUBSCRIPTION-BASED SERVICES

To be able to access the Features of the Site as listed in Article 6.2, it is necessary to first benefit from an Account before then subscribing to a subscription.

These elements are placed under the full and sole responsibility of the User benefiting from an Account.

  • 7.1. Creating an account
  • 7.1.1. Conditions related to the creation of an Account

On the Living Better with Parkinson’s Site, the creation of an Account is reserved for Users who meet the following conditions:

  • Be of legal age and be legally capable.

MVAP reserves the right to verify any registration and validate it.

In this context, MVAP may be required to request certain additional documents from the User wishing to create an Account, in order to verify the statements made by the latter when registering on the Site.

It is recalled for all useful purposes that the subscription of a subscription is reserved for any person wishing to benefit from the Services and is not reserved for patients with Parkinson’s disease

  • 7.1.2. Information required to create an Account

When creating the Account, the User is asked for the following information:

  • Email address;
  • Password (confidential)..

The User undertakes to provide real, complete and up-to-date information.

In the event of erroneous information or identity theft, the User is responsible and MVAP reserves the right to exclude him from the Site, without notice period and without refund.

  • 7.1.3. Loss of username and/or password

The User’s username and password are strictly personal and confidential. The User is liable if he communicates these elements to Tiers. The User is advised to log out of his Account at the end of each use.

Therefore, any consultation of the Site carried out through the User’s username and password, and any operations carried out in this contract, are considered and presumed  to emanate from the User concerned and will bind him, failing to provide proof of fraudulent use of his Means of Access.

The User is responsible for maintaining the confidentiality of his username and password. In the event of a security problem concerning the Site and the Services, in particular relating to the username and/or password, the User concerned undertakes to inform MVAP immediately.

Any User who encounters any risk as to his password must change it immediately after informing MVAP. The User acknowledges MVAP’s right to take all appropriate measures in such cases.

In case of loss of his password, the User may reset his password via the “forgotten password” button, by communicating his mobile phone number  in order to receive a special reset code.

The User may then communicate this special number in order to reset his password.

  • 7.1.4. Changing Account Information

Users can access his profile and, if necessary, modify his contact details at any time.

In addition, each User may, through his Account, add or modify an email address linked to his Account.

  • ACCOUNT VALIDITY PERIOD
  • 8.1. Principle

Each Account is subscribed for an indefinite period.

However, MVAP reserves the right to close an Account:

  • after prior information, in case of inactivity of the User for a continuous  period of 24 months;
  • without delay when a User harms the Site, MVAP and/or other Users;

For more information, we invite you to consult our Personal Data Protection Policy.

  • 8.2. Account Suspension

MVAP reserves the right, without it being necessary to inform the User in advance, the possibility of temporarily suspending access to the Account if, in particular, it relates to facts suggesting fraudulent use of the Account.

The User will thus  be able to contact MVAP in order to obtain, if necessary, new Means of Access.

In addition, MVAP may have to interrupt total or partial access to the Account for maintenance reasons, without the User’s right to compensation.

  • ARTICLE 9. OBLIGATIONS OF USERS

The User chooses to use the Site and the Services at his own risk.

The User is solely responsible for his behavior on the Site and the comments he makes during his exchanges with MVAP and other Users through the Site.

In this regard, the following actions are prohibited on the Site:

  • Use another User’s Account;
  • Verify the identity of a natural or legal person when creating an Account ;
  • Make false statements when creating an Account and/or updating it;
  • Perform unethical manipulations of the Internet network;
  • Not to comply with the General Conditions of Use;
  • Non-compliance with the rights of Third Parties.

The comments made by Users during their exchanges with other Users must not:

  • Communicate information (content, image, recording, etc.) relating to other Users;
  • Infringe or be contrary to public order, morality or the law;
  • Offend the sensibilities of other Users ;
  • Infringe in any way whatsoever the rights, honor, reputation, privacy, image of any person;
  • Be denigrating, defamatory of anyone;
  • Have an erotic, pornographic or child pornography character;
  • Advise and/or promote a dubious, prohibited or fraudulent practice;
  • Undermine the security or integrity of any State or territory;
  • Allow third parties to obtain and/or use pirated software protected by copyright and/or subject to licenses of use;
  • ARTICLE 10. CLOSING THE ACCOUNT

In the event that a User is found guilty of one of the acts listed in ARTICLE 9, MVAP reserves the right to exclude a User from the Site without notice or right to refund of any kind.

  • ARTICLE 11. CANCELLING THE SUBSCRIPTION

MVAP also reserves  the right  to terminate any subscription subscribed by a User without notice or right to refund of any kind in the event that the User is found guilty of one of the acts listed in ARTICLE 9.

  • ARTICLE 12. PERSONAL DATA

In application of Law 78-17 of 6 January 1978 amended by Law No. 2018-493 of 20 June 2018 and the General Data Protection Regulation (GDPR) which came into force on 25 May 2018, it is recalled that the personal data requested from the User are necessary for the processing of his order and the establishment of invoices,  especially.

This data may be communicated to potential MVAP partners.

The processing of the information communicated through the Site meets the legal requirements for the protection of personal data, the information system used ensuring optimal protection of this data.

The User has, in accordance with the national and European regulations in force, a right of permanent access, modification, rectification, opposition of portability and limitation of processing with regard to information concerning him.

In order to obtain more information about Data Protection, we invite you to consult our Personal Data Protection Policy.

  • ARTICLE 13. OWNERSHIP OF THE ELEMENTS PRESENT ON THE SITE

In relation to everything it publishes on the Site, MVAP owns and retains all rights, title and interest in and to their patents, inventions, actors’ rights, trademarks, domain names, know-how and any intellectual property rights.

MVAP is and remains the owner of the property rights relating to any element of the Services and Functionalities on the Site made available to the User, and more generally as regards the IT infrastructure implemented, developed and made available as part of the Services.

The provision of the Services and Features cannot be analyzed as the transfer of any intellectual property right to the benefit of the User. The User is prohibited from reproducing any element of the Services and the Site or any documentation concerning them, by any means whatsoever, in any form whatsoever and on any medium whatsoever without the prior and express consent of MVAP.

  • ARTICLE 14. EXCLUSION OF LIABILITY
  • 14.1. Operation of the Site

As for the operation of the Site, MVAP is subject to a general obligation of means.

In the event of force majeure or action(s) performed by any Third Party and/or damage(s) caused by any Third Party, MVAP cannot be held liable.

MVAP can in no way be held liable for any inconvenience or damage inherent in the access and/or use of the Internet and/or electrical network, in particular in the event of service disruption(s), external intrusion(s) or presence(s) of computer viruses. The same applies to the needs, questions or problems of compatibility, interoperability and/or qualities inherent in the use of any physical or technical means to access the Site or the Services.

  • 14.2. Information on the Site

MVAP excludes any liability relating to the behavior of Users.

The User agrees not to do anything to create the false impression that he is supported by, in partnership with, or acting on behalf of or for the benefit of MVAP, in particular by improper use of any intellectual property of MVAP.

The User acknowledges that the data circulating on the Internet are not protected in particular against possible misappropriation.

The User acknowledges that the data circulating on the Internet may be regulated in terms of use or be protected by a property right. The User is solely responsible for the use of the data he consults, queries and transfers on the Internet.

The User acknowledges that MVAP has no means of control over the content of the services accessible on the Internet.

  • 14.3. Relationships between Users

The User chooses to use the Site and the Services at his own risk. It acknowledges and accepts that MVAP is under no obligation to check the background of Users.

However, MVAP may conduct such background checks, in its sole discretion, to the extent permitted by applicable law, and if it has sufficient information to identify a User. If MVAP chooses to conduct such checks, to the extent permitted by applicable law, it disclaims any warranty of any kind, express or implied, that such checks will identify prior misconduct by a User and does not warrant that a User will not engage in future misconduct.

MVAP makes no warranty regarding:

  • the quality of the Services;
  • the accuracy, timeliness, veracity, completeness or reliability of any information exchanged between Users and obtained from the Site or Services.

No advice or information, oral or written, obtained from MVAP or through the Site or Services shall constitute any warranty other than as expressly set forth herein.

The User is solely responsible for all communications and interactions with other Users of the Site or Services and with other persons with whom he communicates or is in contact when using the Site or services.

MVAP makes no representations or warranties regarding the behavior of Users of the Site or Services or regarding their compatibility with current or future Users of the Site or Services.

The User agrees to take reasonable precautions when communicating or when having contact with other Users of the Site or Services and with any person with whom he communicates or contacts in connection with the Use of the Site or Services, more specifically in the event that Users decide to meet offline or in person,  whether or not this meeting is organized by MVAP.

MVAP expressly excludes any liability for any act or omission on the part of any User of the Site and Services or other Third Parties.

  • 14.4. Hypertext links

The hypertext links present on the Site directing Users to other websites do not engage the responsibility of MVAP  for the content of these sites.

  • ARTICLE 15. MODIFICATION OF THE GENERAL CONDITIONS OF USE

These General Terms and Conditions of Use may be modified at any time by MVAP, unilaterally and without notice.

The General Conditions of Use applicable to the User are those in force on the day of his connection to the Site any new connection implying acceptance if necessary of the new General Conditions of Use.

Any modification of the GTCU is the subject of information to the User from the Site.

  • ARTICLE 16. TELEPHONE ANTI-CANVASSING LIST

When the processing involves the collection of your telephone data, you may register free of charge, in accordance with Articles L.223-1 and R.223-1 of the Consumer Code, your telephone number on the “http://www.bloctel.gouv.fr/ ” Site on a list of opposition to telephone canvassing, called “Bloctel”.

This registration allows you not to be solicited by phone about a commercial offer.

It is recalled that this opposition is not applicable in particular in the event of pre-existing contractual relations between the professional and the consumer, unless the consumer expressly refuses to be contacted by telephone and consumers who have requested to be recalled.

  • ARTICLE 17. PARTIAL NULLITY

The possible cancellation of one or more clauses of these GTCU by a court decision or by mutual agreement between MVAP and a User shall not affect its other stipulations which will continue to produce their full effect provided that the general economy of the contract can be safeguarded.

  • ARTICLE 18. LANGAGE

By express agreement between MVAP and the Users, these General Terms and Conditions of Use are governed by French law.

They are written in French. In the event that they are translated into one or more languages, only the French text shall prevail in the event of a dispute.

  • ARTICLE 19. APPLICABLE LAW

These T&Cs are governed by French law.

  • ARTICLE 20. COMPETENT JURISDICTION

All disputes to which these General Terms and Conditions of Use may give rise, concerning its validity, interpretation, execution, resolution, their consequences and their consequences will be submitted to the competent court under the conditions of common law.

Prior to any litigation procedure, the Parties will have to try to settle their disputes amicably.