Published on 20/07/2022
These general conditions of use (hereinafter, the “TCU”) are concluded, on the one hand, between the company STEP PHARMA referred to in the Legal Information and the companies that would be affiliated to it (parent company, subsidiaries, etc.) (hereinafter, “STEP PHARMA”), and, on the other hand, any natural or legal person (hereinafter, the “User”), acting as professional or not, wishing to access the STEP PHARMA Website and its available functions, in particular at the address https://www.step-ph.com/ (hereinafter, the “Website”).
In any case, the TCU are expressly accepted by the User during the registration procedure defined in article 4 hereof.
These TCU will prevail over all other general or specific conditions not expressly approved by STEP PHARMA.
The User may save these TCU at any time by printing or saving them on any electronic medium, without compromising their integrity.
STEP PHARMA reserves the right to modify the TCU at any time. In this case, the applicable conditions will be those in force on the date of use of the Website. The User will be informed by means of an online update or an email of the change of the TCU. His/her use of the Website after the notified modification will constitute unreserved acceptance of the new version of the TCU.
IF THE USER ACCESSES OR USES THE WEBSITE IN A PROFESSIONAL CAPACITY, THIS GUARANTEES STEP PHARMA THAT HE/SHE HOLD ALL THE RIGHTS, AUTHORIZATIONS AND POWERS NECESSARY TO ACCEPT THE TCU ON BEHALF OF THE COMPANY, ASSOCIATION OR PARTNER ANY OTHER ENTITY (“ENTITY”) FOR WHICH IT USES OR ACCESSES THE WEBSITE UNDER THE FOLLOWING TERMS.
ARTICLE 1: SUBJECT OF THE CONTRACT
The sole purpose of these TCU is to define the conditions under which the User accesses and uses the Website.
ARTICLE 2: PRESENTATION OF STEP PHARMA AND ITS WEBSITE
As a specialist in new medical therapies, STEP PHARMA presents its activity, developments and innovations through its Website. Its main purpose is to present the company, its scientific approach, its partnerships and its news to professional Users or only visitors wishing to have information on STEP PHARMA’s activity.
ARTICLE 3: CONDITIONS OF ACCESS TO THE WEBSITE
The Service is accessible to professional and non-professional Users.
The Website is in principle accessible 24 / 24 hours, 7 / 7 days, except interruption, scheduled or not, for the needs of their maintenance or in case of force majeure. Being in fact subject to an obligation of means, STEP PHARMA cannot be held responsible for any damage, whatever its nature, resulting from the unavailability of the Website.
In addition, by accessing the Website, the User guarantees to have the skills, equipment and software required for the use of the Internet and knows and fully understands the characteristics of the Internet and its use, in in particular the limitations related to technical performance, response times and risks related to communications security.
Consequently, STEP PHARMA does not guarantee that the Website is free from anomalies, errors or bugs, or that the Website will operate without breakdown or interruption. STEP PHARMA may in this regard freely determine any period of unavailability of the Website, for technical reasons, to improve their content or optimize their use.
Likewise, STEP PHARMA does not provide material allowing access to the Website.
ARTICLE 4: Contact form
The User or any person wishing to contact STEP PHARMA for information and/or the STEP PHARMA newsletter shall complete the corresponding online form and communicate notably his/her email address.
The validation of the subscription form entails the full and complete acceptance by the subscriber or the User of the TCU.
The documents or any information given by STEP PHARMA within the Website are distributed for information only and may not be used for advice.
ARTICLE 5: GUARANTEES
By accessing and using the Website, the User guarantees STEP PHARMA that he/she meets all the following criteria:
- the User is a natural person (at least eighteen (18) years old) or a legal person;
- the User is legally authorized to conclude contracts, and more generally legal acts binding him/her;
- the User must communicate reliable and up-to-date information.
ARTICLE 6: LIMITATIONS OF LIABILITY
STEP PHARMA cannot be held responsible for any direct or indirect damage of any kind whatsoever resulting from the use of the Website, in particular limitations related to technical performance, response times and risks related to the security of Users communications as well as fraudulent third-party intrusions.
STEP PHARMA assumes no responsibility for downloading a computer virus from the Website.
In this context, the User guarantees STEP PHARMA against any action, recourse or complaint relating to the afore-mentioned elements and, in particular but without limitation, those which would call into question the use of the Website.
In general, STEP PHARMA cannot be held liable for any prejudice or damage of any kind (including in particular bodily injury suffered as a result of the use of the Website, loss of reputation, image, data), resulting from the use made by the User of the Website.
Finally, STEP PHARMA cannot be held responsible for direct, personal and certain damage suffered by the User and for which it has been demonstrated that the actions of STEP PHARMA are not at the origin of this damage.
ARTICLE 7: INDEPENDENCE OF THE PARTIES
The User and STEP PHARMA declare to be completely independent from each other. These TCU cannot be interpreted as creating a de facto partnership or joint venture, a mandate or employer-employee relationships and only govern the conditions of use of the Website.
ARTICLE 8: HYPERTEXT LINKS
The User is authorized to create a link to the Website without express authorization, on the sole condition that this link opens a new browser window. However, STEP PHARMA reserves the right to request the removal of a link that it considers not in accordance with its policy. The free authorization to create a link to the Website does not include the right to reproduce part of the content to insert this link.
Any use for commercial or advertising purposes is excluded, as is any creation of links from Internet Websites disseminating information of an illegal nature, in particular pornographic, abusive, defamatory, propaganda or controversial, advocating crimes against the humanity, inciting racial hatred or, more broadly likely to offend sensitivity or good morals.
ARTICLE 9: INTELLECTUAL PROPERTY
STEP PHARMA is the owner of the domain name of the Website and of all intellectual property rights relating to the content available on the Website, in particular texts, images, sounds, data, photographs, videos, logos, brands, designations, tabs, functionalities and any other hardware or software, which are protected by rights owned by STEP PHARMA or its third-party partners. In general, STEP PHARMA grants the User a free, personal and private, non-exclusive and non-transferable right to access and use the Website, subject to the latter’s acceptance and compliance with these TCU.
Any partial or total reproduction, notably for advertising or commercial purposes, as well as any adaptation, modification, use, transmission, copy, redistribution and / or exploitation, on any medium and by any means whatsoever, of all or part of The Website, its content, the domain name, the brands and logos of STEP PHARMA, is strictly prohibited without the express prior written consent of STEP PHARMA.
In addition, the User is not authorized to modify, improve, edit, translate, decompile, disassemble or create one or more derivative work (s) from the Website, from the contents of the Website (in whole or in part), the domain name, the brands and logo of STEP PHARMA, the functionalities of the Website unless this possibility has been expressly granted by STEP PHARMA under a separate agreement.
Any infringing use of all or part of the Website, its content, the domain name, the brands and logos of STEP PHARMA will be the subject of legal recourse aimed at preserving STEP PHARMA’s rights.
ARTICLE 10: PROTECTION OF PERSONAL DATA
In the context of the use of the Website, STEP PHARMA may be required to collect personal data from its Users.
ARTICLE 11: FORCE MAJEURE
STEP PHARMA undertakes, in view of current technology, to maintain access to the Website under the best possible conditions. However, STEP PHARMA is not responsible in the event of interruption of the Website, attributable to a case of force majeure, due to a third party, the User’s fault, as well as to the risks arising from the technique.
The parties admit, without this list being restrictive, by agreement between them, that, in particular, either force majeure, or fortuitous event, or due to a third party, the damages finding their origins or their causes in: natural disasters, fires, floods, lightning, power surges, strikes, power outages, telecommunications network failures, civil or foreign wars, riots or popular movements, attacks, regulatory restrictions related to the provision of telecommunications services, the loss of connectivity due to public and private operators on which STEP PHARMA depends.
According to the terms of article 1218 of the French Civil Code, there is force majeure when an event beyond the control of the debtor, which could not be reasonably foreseen at the time of the conclusion of these TCU and whose effects cannot be avoided by appropriate measures, prevent the performance of its obligation by the debtor. These cases of force majeure suspend the obligations of STEP PHARMA, mentioned in these TCU, for the duration of their existence, unless the resulting delay justifies termination of the agreement. If the impediment is final, the agreement is automatically terminated and the parties are released from their obligations.
ARTICLE 12: APPLICABLE LAW – SETTLEMENT OF DISPUTES
These TCU are subject to French Law, except for contrary public policy provisions.
The language of the TCU is English.
In the event of a dispute between STEP PHARMA and the User on the use of the Website and without prejudice to the provisions of the STEP PHARMA complaints management and processing policy appearing in the Legal Information, the most diligent party sends, prior to any referral to a court, a letter of formal notice containing the complaints against the other party.
In the absence of conciliation between the parties, any dispute relating to the interpretation, execution or breach of these TCU falls under the exclusive jurisdiction of the competent French courts within the jurisdiction of STEP PHARMA’s head office, including in the event of proceedings. emergency (in particular summary proceedings), multiple defendants, call in guarantee or order to pay, unless public order provisions to the contrary.
ARTICLE 13: CONSEQUENCE OF THE NULLITY OF A CLAUSE
If one or more provision (s) of these TCU are held to be invalid by a law or a regulation or declared as such by final decision of a competent court, they will be deemed unwritten, the other provisions of these TCU retaining their full effect, force and scope, as not being able to affect the validity or the continuation of the contractual relations as a whole, unless it is about a clause which was of a decisive character for one of the parties on the date of conclusion contractual relations. In this case, STEP PHARMA and the User must negotiate in good faith with a view to replacing this clause with a valid clause reflecting their initial wishes.
ARTICLE 14: QUESTIONS
For any information or question, the STEP PHARMA team is at your disposal. You can reach STEP PHARMA as indicated below:
By post to the following address:
101 rue de Sèvres,
75272 Paris Cedex 06
By email to the following address: StepPharmaDPO@ClinicalDPO.com
By phone: +33 1 86 26 43 56