Terms and Conditions
(nabla.com)
Date of last update : December 20th 2022
The terms and conditions (hereinafter the « Terms ») are intended to govern the use of the website (nabla.com) (hereinafter "the Site"), its Services and Content by any User, as well as the respective rights and obligations of the Users and Nabla.
Legal Notice
Publisher
This website is published Nabla Technologies
Publication director
Host
This website is hosted by Netlify, 2325 3rd Street, Suite 296 à San Francisco, USA. The user support of Netlify may be contacted via https://www.netlify.com/support/.
Any use of the website is submitted to the following conditions :
The User acknowledges and accepts that its express acceptance of these Terms materializes on its first connection to the Site.
Nabla reserves the right to change at any time the Site, the Services and Content, the Terms, or the rules regarding the use of the Site, its Services and Content.
WARNING : THE USER ACKNOWLEDGES THAT HE HAS READ AND UNDERSTOOD THE TERMS AND THE PRIVACY POLICY, ACCEPTS THEM WITHOUT RESTRICTION OR RESERVATION, AND UNDERTAKES TO COMPLY WITH THEM UNCONDITIONALLY AND IN FULL.
« Content » : refers to all texts, photographs, illustrations, videos, functionalities, data existing within the Site;
« Services » : refers to the various functionalities and sections accessible from the Site and in particular the information sections on Nabla, its Products and Solutions, the section concerning careers and recruitment, access to the Blog as well as sections to contact Nabla for information or to organise demonstrations of Nabla’s products and services. This list of Services is not exhaustive and may be amended from time to time at Nabla’s discretion;
« User » : refers to any Site User who accesses its Content and Services.
The Site is a digital space – accessible at (nabla.com) – allowing access to all Content and Services.
WARNING : ALL INFORMATION MADE AVAILABLE TO USERS VIA THE SITE IS PROVIDED AS AN INDICATION. THE INFORMATION PROVIDED TENDS TO BE SCIENTIFICALLY ACCURATE AT THE TIME OF PUBLICATION, RELIABLE AND RELEVANT.
DESPITE THE CARE TAKEN TO PROCESS THE INFORMATION, NABLA DECLINES ALL RESPONSIBILITY FOR ERRORS OR OMISSIONS RELATING TO THE INFORMATION PROVIDED ON THE SITE.
WARNING : THE USER IS ALERTED TO THE FACT THAT THE CONTACT SECTION OF THE SITE DOES NOT ALLOW THE USER TO CONTACT A HEALTH PROFESSIONAL TO RECEIVE PERSONALIZED ADVICE OR A MEDICAL CONSULTATION.
Each User remains fully and personally responsible for the use of the Site and all the information he communicates via the Site under the conditions of common law.
The User remains solely responsible for the use he makes of the Content and Services to which the Site gives him access and undertakes to validate the suitability of the Site, its Services and its Content for his own needs.
Each User agrees to use the Site:
- in compliance with the laws, regulations and rights of third parties, including intellectual property rights;
- fairly and in accordance with its purpose.
Nabla is bound by an obligation of means in connection with the provision of the Site, the Services and Content provided within the limits defined in the Terms and will make its best efforts to ensure that the Site is accessible to the User at all times. As a result, Nabla is liable only for direct and foreseeable damages related to the use of the Site, its Services and Contents, excluding acts, services rendered and/or decisions made vis-à-vis the User from his registration on the Site.
As a result, Nabla cannot be held responsible for the direct and indirect consequences of the decisions that the User will take.
Furthermore, each User acknowledges that Nabla cannot be held responsible for any material or immaterial damage, direct or indirect, whatever the causes, including any damage that may be caused by the possible spread of viruses, by computer fraud, due to the constraints and limitations of the Internet network or the loss, deterioration or alteration of files or the consequences resulting from:
- his use of the Site, its Services, its Content and functionalities and/or the interpretation of its Content;
- his inability to access the Site, Services and Content.
By exception to the foregoing, access to the Site will be suspended for the duration of the technical operations necessary for its updating, development and maintenance, operations of which the User may be informed on the Site’s home page. Access to the Site will also be suspended in case of force majeure as described in the article in accordance with the article "Force majeure" of the Terms.
These periods of suspension of access to the Site, whatever their causes and duration, will not entitle the User to any compensation.
Nabla holds the intellectual property rights to the Content and Services on the Site, with the exception of the information and content provided by the Users for whom they are the owners and responsible.
The use of the Site in no way confers on the User a right of ownership over the Site, its Services and Content.
All the Site Content and Services, including but not limited to, the domain name, trademarks, texts, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the design and organization of its headings, their titles, existing or future, is protected by intellectual property rights, held or claimed by Nabla, with the authorization of the holders of those rights, where applicable.
Any use, reproduction, copy, distribution of all or part of the Content and Services of the Site by the User for a use other than private or other than the use of the Site is prohibited. This right of use is non-transferable and non-exclusive.
Unless expressly authorized in advance by Nabla, the User is prohibited from any reproduction, representation and use other than those referred to above and in particular:
- any adaptation, reproduction, representation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, in whole or in part, free of charge or for a fee, of all or part of the works, services, and of all elements protected or likely to be protected by intellectual property rights reproduced within the Site;
- any link, access, modification, addition, deletion related to the Site.
Any form of use of the Content or the Services or the Site in fraud of Nabla’s rights would constitute an infringement sanctioned by the Intellectual Property Code, likely to expose the perpetrators of these acts to civil and criminal lawsuits.
The following are also prohibited:
- any commercial use in whole or in part of the Site;
- any collective use that creates or is likely to create an illegitimate obstacle to the exploitation of the Site.
Nabla reserves the right to take any measures it deems appropriate to prevent or put an end to the infringement of its intellectual property rights or the intellectual property rights of third parties, without being held liable for these measures.
In accordance with the regulations (designating the amended Law no. 78-17 of 6 January 1978 relating to information technology, files and freedoms, and the Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and the free movement of such data – hereinafter “Regulations”), personal data concerning the User (including information on the civil status and personal life data) are collected and processed in the context of access to and use of the Site and its Services.
Information concerning the processing of personal data is provided in the User-accepted Privacy Policy available at this link: https://www.nabla.com/docs/privacy-policy-site.
All personal data collected and produced within the framework of the Site are hosted by a certified hosting service provider for health data within the meaning of article L 1111-8 of the Public Health Code.
Nabla shall not be liable in the event of inaccessibility of the Site and its Content and Services caused by events beyond its control that could not reasonably be foreseen and the effects of which cannot be avoided by appropriate measures, and preventing the fulfillment of its obligations within the meaning of the legal definition in article 1218 of the French Civil Code ("Case of force majeure").
The performance of the Terms will be suspended for as long as the Force Majeure Event lasts and NABLA will endeavor as far as possible to stop the Force Majeure Event or to find a solution allowing it to perform its contractual obligations despite the Force Majeure Event.
Links from the Site
Nabla does not check or select the content and websites that may be linked to the Site and is in no way responsible for the content of the sites to which links are made, including the sites of the partners that are published under their exclusive responsibility for what concerns them.
Their presence does not imply in any way that Nabla selects, qualifies, certifies, endorses or validates their content or accepts any liability for the content or use of these third-party sites, including those of partners.
Each User accesses third-party sites under its sole and exclusive responsibility, including when links have been offered from the Site.
Links to the Site
Any implementation of a link to the Site requires the express prior permission of Nabla which can be requested at the following email address: contact@nabla.com..
The Terms shall be executed and interpreted in accordance with French law. In the absence of an amicable settlement, any dispute relating to the Site or in relation to its use will be submitted to the exclusive jurisdiction of the Commercial Court of Paris (FRANCE), regardless of the User’s place of residence.