The website www.alifert.com (hereafter the « Website ») is published by the company ALIFERT, Société par Actions Simplifiée (SAS), registered in the Registry of Trade and Companies (RCS) in Paris under the number 910 893 825, and whose office is located at 51, Rue du Rocher 75008 Paris - France (hereafter « ALIFERT »).
The purpose of these General Terms of Use (hereafter « GTU ») is to determine the conditions of access and use of the Website and the online test platform accessible from the Website at www.alifert.com/app (hereafter the « Platform ») by users who have created an account on the Platform (hereafter the « User(s) ») and more generally by any person visiting the Website and the Platform. They apply to all services offered by the Platform as defined below.
The present GTU, the terms and conditions of sales of the Platform and the Privacy Policy referred to in Article 9 form the entirety of the contractual relationship between the User and ALIFERT.
ALIFERT is entitled, at any time, to modify the present GTU, according to the terms of Article 11 below. The revision date is indicated in the header of the GTU. Any substantial modification of the present GTU will be notified to the Users.
All persons visiting the Website and the Platform agree to comply with the provisions of these GTU. Otherwise, visitors are not authorized to use the Website or the Platform.
Any use of the Platform is subject to the User’s prior knowledge and express and unreserved acceptance of these GTU.
Acceptance is evidenced by a box to be checked by the User when creating his User Account (as defined in Article 4 below). Otherwise, the User Account cannot be created and the User will not be able to access the Platform or the Services (as defined in Article 3.1) which are offered.
The GTU remain in force during all the contractual relation of the User with ALIFERT. They cease at the time of the termination of the User’s Account of the User, for any reason whatsoever, subject however to the stipulations of the GTU intended to be continued beyond.
The Platform offers several formulas and provides Users with scores measuring the fertility of a couple, a man or a woman (hereafter the « Fertility Score(s) ») generated, by means of algorithmic processing, on the basis of the information provided by Users (hereafter the « Services »).
Users are informed that the information to be provided when using the Services on the Platform relates to a couple (i.e. information relating to a man and a woman), a man or a woman.
The Users are informed that the information to be filled in by them on the Platform in order to obtain a Fertility Score requires, if necessary, the prior realization of blood tests carried out at the expense of the Users. To this end, ALIFERT provides the Users, on the Platform, a document listing the tests to be carried out and which can be transmitted by the Users to the medical analysis laboratory of their choice, provided the laboratory accepts to perform the said tests. ALIFERT informs the Users that the aforementioned document does not constitute in any case a prescription allowing the assumption of responsibility of the aforementioned blood tests by the social security organizations.
The results obtained can then be communicated by the Users to the health professionals of their choice, who are the only ones able to establish and prescribe the adequate care path.
The effectiveness of the Services is conditioned by the completeness and quality of the information provided by the User. As such, the User undertakes, after having entered the required information in the Platform, (1) to check the accuracy of this information and (2) to confirm this information in order to generate a Fertility Score (hereafter the « Confirmation of Information »). User is advised that the Confirmation of Information has the effect of time-stamping the information on the Platform, thus allowing the Fertility Score to be generated and displayed. Once this step has been completed, the User can display the Fertility Score generated on the basis of the time-stamped information at any time.
Once the « Confirmation of Information » step has been completed, the User may correct all or part of the information if it is found to be erroneous. Once the information has been corrected, the User will proceed once again to the Confirmation of Information step, with the effect of a new timestamp of the said information, allowing the generation and display of the corrected Fertility Score. However, such correction may only be made a maximum of four (4) times and within four (4) weeks of User’s initial Confirmation of Information.
DISCLAIMER : The Fertility Score result is merely an indication, the accuracy of which the Platform does not guarantee; this result does not constitute a medical diagnosis or a medical consultation - only a health professional is able to deliver this type of result. Similarly, the information provided to the User in the context of the use of the Platform does not constitute either directly or indirectly a medical consultation. It is intended to improve and not replace the direct relationship between a patient and a health professional. Under no circumstances is the information published on the Platform likely to replace a consultation, a visit or a diagnosis made by a health professional. The Platform is only an assistance tool that complements a healthcare process, and no medical treatment should be undertaken without medical advice.
Access to the Platform is restricted to Users over the age of 18.
Access to the Platform and the Service by Users is subject to the creation of an account (hereafter « User Account »).
To create a User Account, the User must provide information relating to his / her identity (first name, last name and email address). The creation of a User Account requires the use of a login and a password. The login and password are strictly personal to each User and confidential. The User undertakes to keep his / her login and password secret. It is the responsibility of each User to implement all the security measures necessary to protect his / her login and password.
The Website and the Platform may contain hyperlinks to third party websites whose content is not controlled by ALIFERT.
The User acknowledges and agrees that ALIFERT shall not be held responsible for the content of third party websites, for the accuracy or reliability of the information, data, opinions, advice or declarations presented on these websites, nor for the quality of the services offered therein.
When the User accesses such third party websites, he agrees to do so under his / her own responsibility and control and to assume any risks.
SUSPENSION ALIFERT is entitled to suspend temporarily or definitively the access of a User to his User Account and to the Platform in case of non-respect of the present GTU. In such a case, no notice, no formal notice and no compensation will be due to the User for the suspension of his / her User Account.
TERMINATION
The User may at any time and free of charge terminate his / her User Account and request the return of his data via the Platform in the dedicated tab.
Termination of the User Account does not result in the automatic deletion of the User’s personal data, which may be retained in accordance with the requirements of the applicable regulations on the protection of personal data.
ALIFERT’S RESPONSABILITIES
ALIFERT does not guarantee the permanent access, nor the proper operation of the Website and the Platform, and cannot be held responsible for any of these reasons.
ALIFERT has the right to interrupt, suspend or modify without notice, the access to all or part of the Website and or the Platform, in order to ensure the maintenance.
THE USER’S RESPONSIBILITIES
The User remains solely responsible for the accuracy of the information provided in the context of use of the Platform.
The User remains solely responsible for the use of the Website, the Platform and the Services. The User acknowledges that he / she is solely responsible for the information he / she provides and for the decisions he / she makes on the basis of the Fertility Score, in particular the medical decisions that may result from it.
The User undertakes to : - to use the Website and the Platform in compliance with the laws, regulations and rights of third parties and in particular intellectual property rights; - to use the Website and the Platform in accordance with its purpose, excluding any professional, commercial or soliciting approach; - to use the Platform for personal use only (understood as the personal use of the couple, the woman or the man); - to use the Website and the Platform in accordance with the present GTU.
ALIFERT is and will remain the exclusive holder of all intellectual and/or industrial property rights relating to : - the information, articles and other data published on the Website and the Platform (hereafter the « Content »); - the tree structure, the organization and titling of the sections, the visual and graphic identity, the design, the ergonomics, the functionalities, the software, the animated or still images, the sounds, the know-how, the drawings, the graphics and any other element of the Website and the Platform; - the databases and their structures designed and managed for the needs of the Site and the Platform; - trademarks, domain names, names, acronyms, logos, colors, graphics or other signs used on the Website and the Platform.
The use of the Platform by the Users does not confer any property right on the Website and the Platform.
The Content is intended for the information and personal use of the User who benefits from a personal, private, non-collective and non-exclusive right of use.
The User is therefore prohibited from reproducing in any form whatsoever, directly or indirectly, the above-mentioned elements, and more generally from using or exploiting these elements other than in the context of the use of the Services.
All of the above-mentioned elements are protected by intellectual property law and may not be reproduced, represented or used in any way contrary to that authorized by the present GTU by the User without the express consent of ALIFERT. The following are prohibited, unless expressly authorized by ALIFERT : - any adaptation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, networking, public communication of all or part of the Content, Services, distinctive signs, and elements protected or likely to be protected by intellectual property law reproduced on the Website and the Platform; - any extraction or reuse, including for private purposes, of a substantial part of the content of the databases constituted by the Website and the Platform; - any repeated and systematic extraction or reuse, including for private purposes, of even a non-substantial part of the content of the databases constituted by the Website and the Platform.
For the needs of the use of the Platform by the Users, ALIFERT collects and processes the personal data given by the Users. The Privacy Policy of ALIFERT is available at the following address: https://alifert.com/en/pdp-policy
The policy of management of the cookies by ALIFERT within the framework of the use of the Website and the Platform by the User is available at the following address: https://alifert.com/en/cookies-policy
ALIFERT may modify at any time the present GTU. The User will be informed in case of substantial modification of the present GTU and will be invited to accept them again in an express way, in accordance with the terms of Article 3 above.
Purely technical modifications may however occur, without prior notice or compensation of any kind.
The use of the Website and the Platform as well as the execution, interpretation and validity of these GTU are governed by French law.
Any dispute relating to the GTU and, more generally, to the use of the Website and the Platform will lead to an attempt for a settlement, at the end of which, in case of impossibility to find an agreement, the dispute will be submitted to the competent French authorities according to the location of the registered office of ALIFERT.