TERMS AND CONDITIONS FOR INVOXIA PRODUCTS AND SERVICES



  1. RELATIONSHIP BETWEEN YOU AND INVOXIA


    By using Invoxia's Products and Services, including the Sites, Applications, Product Software, our Products, hosting services, Application Programming Interfaces or any other services provided by Invoxia (the "Products and Services") you expressly affirm your agreement to these Terms and Conditions of Use for Invoxia's Products and Services (the "Invoxia Services Terms and Conditions").

The Invoxia Terms of Service is a contract between you and Invoxia. The use of the term Invoxia shall be understood to include each entity of the Invoxia group as designated in each of the documents listed below (hereinafter "Invoxia" or "We". Any reference to an Invoxia Group affiliate shall be deemed applicable only to the document for which that affiliate is specifically named as a co-contractor. These Invoxia Services Terms and Conditions of Use shall prevail as to their subject matter over any other Invoxia Services Terms and Conditions of Use document.


The General Terms of Use of Invoxia Services include in addition to the present conditions:


  • The Invoxia Privacy Policy

  • The Terms of Use of the Applications for Invoxia's Products and Services

  • The Terms and Conditions of Sale for Invoxia Products and Services Invoxia products, as described within their user guide for Invoxia Connected Health Products (the "Products") must be used in accordance with their user guide. You can find all user guides on the Invoxia Help Center for Products and Services.

As a user of the Products and Services, you acknowledge and warrant:


  • That you have obtained and read a copy of these Invoxia Services Terms and Conditions of Use; and,

  • That you are in possession of these Terms of Use of Invoxia Services on a durable medium, in particular by physically printing them. A durable medium shall be understood as any instrument that allows the consumer or professional to store information addressed to him personally in order to be able to refer to it later for a period of time appropriate to the purposes for which the information is intended and that allows the identical reproduction of the stored information; and,

  • Be of legal age or authorized under the laws of your country of residence to enter into these Terms and Conditions of Use of Invoxia Services;

Any objection or dispute by you to these Terms and Conditions of Use of Invoxia Services shall be construed as a refusal to consent to these Terms and Conditions of Use of Invoxia Services.


IF YOU DISAGREE WITH THESE GENERAL TERMS AND CONDITIONS OF USE OF INVOXIA SERVICES, YOU ARE NOT AUTHORIZED TO USE ANY OF INVOXIA'S PRODUCTS OR SERVICES.


  1. CHANGES TO THE TERMS AND CONDITIONS OF USE OF INVOXIA SERVICES


    The parties understand and acknowledge that Invoxia has the right at any time, to modify all or part of these Terms of Use of Invoxia Services, to incorporate changes required by law, or any other applicable regulations, or within the Products and Services, or any event considered sufficiently adequate by Invoxia to order such changes. Any new version of the Invoxia Services Terms and Conditions of Use will not apply retroactively but will supersede and replace the previous Invoxia Services Terms and Conditions of Use.

We recommend that you review the Invoxia Terms of Service frequently and save each version on a durable medium.


  1. GENERAL


FORCE MAJEURE


Any event that is deemed to be both unforeseeable, irresistible and external and that prevents Invoxia from fulfilling its obligations in accordance with the General Terms of Use of Invoxia Services is considered a Force Majeure event ("Force Majeure Event"). The following events are specifically considered Force Majeure Events: strikes, floods, fires, lockouts, disruptions and defects in transportation services, difficulties in the supply of raw materials or energy, any communication interference resulting in difficulties in fulfilling an obligation or performing any obligation required by these Terms and Conditions of Use of Invoxia Services which shall then be suspended for the duration of the Force Majeure Event. The performance of such obligation shall be immediately continued once the cause of the Force Majeure Event ceases.


ENTIRE CONTRACT


These Invoxia Services Terms and Conditions constitute the entire agreement between you and us, and supersede, exclude and replace any prior agreements relating thereto.


SURVIVAL


If any provision of these Invoxia Services Terms and Conditions of Use is found to be invalid or unenforceable by any court or tribunal of competent jurisdiction, the invalid or unenforceable portion or provision shall be deemed unwritten.


NON-WAIVER


No failure, delay or partial performance by Invoxia of one or more rights under any provision of these Terms and Conditions of Use of Invoxia Services shall be construed as a waiver by Invoxia of any subsequent claim under such provision or of any failure by the other party to perform under such provision.


EVIDENCE - ELECTRONIC COMMUNICATION


Any notice or communication between you and Invoxia may be made by any electronic means. Thus, you are fully aware that Invoxia may communicate information to you by any electronic and dematerialized means that may be directly or indirectly linked to your Invoxia account for Products and Services.


JURISDICTION - DISPUTE RESOLUTION


In the event of any dispute or litigation between Invoxia and you arising out of or in connection with your use of any Products or Services provided by Invoxia, the parties shall, in good faith, as soon as possible and prior to any legal action, attempt to resolve the dispute through an amicable procedure or through alternative dispute resolution.


These General Conditions of Use of Invoxia Services are governed by French law. In the event of a dispute arising from your use of a Product or Service provided by Invoxia, the Parties agree before any legal action to seek an amicable solution. In case of dispute, only the French courts will have jurisdiction.


If despite all our efforts to meet your expectations you do not obtain satisfaction after our customer service, you can resort free of charge to a mediator of consumption. The Mediation and Arbitration Center of Paris will help you in your steps if you contact them: (i) via their online form (www.cmap.fr), (ii) by email to consommation@cmap.fr., or (iii) by simple or registered mail to CMAP Médiation Consommation, 39 avenue Franklin D. Roosevelt, 75008 PARIS.


The parties may agree to resolve their dispute using the online dispute resolution platform provided by the European Union. You can access the platform here :


https://ec.europa.eu/consumers/odr/main/index.cfm?event=main.home.chooseLanguage


Reference: services-terms-and-conditions/201902



Updated on February 28, 2019