GENERAL CONDITIONS OF SOFTWARE USE

ARTICLE 1 – SCOPE OF APPLICATION

The purpose of these general conditions of use is to define the terms under which the Company C2CARE, simplified joint-stock company with capital of €102,691 and registered office at Place Georges Pompidou 83000 TOULON, registered on the Toulon Companies and Trade Register under number 815 196 332 and with European VAT no. FR 79 815 196 332, which develops support tools for the therapeutic treatment of anxiety disorders by exposure to virtual reality (“The Licensor”), grants mental health professionals (“The Users or the User”) who request via the Licensor’s website, by direct contact or on paper, a non-exclusive right to use the C2Care Software (“The Software”). The Software enables exposure in different virtual environments. The main features of the Software, in particular the specifications, illustrations and capacity indications are available on the website www.c2.care (“Website”). The User shall review them before placing an order. Choosing and ordering the Software is the User’s sole responsibility. Only the therapist can appraise the relevance of using the Software for the pathologies in question.  Photographs and graphics shown on the website are not contractual and cannot incur the Licensor’s liability. Any Software Licence order implies the User’s acceptance of these General Conditions of Software use, the general conditions of sale and the general conditions of use of the Licensor’s Website for electronic orders. The User acknowledges that they have the required capacity to take out and order the Software on offer for professional purposes. These conditions apply without restriction or reservation to all Software user licence provision by the Licensor to Users in the same category, irrespective of the clauses shown on the user’s documents, in particular their general conditions of purchase. As these General Conditions of use may be subject to later changes, the version applicable to the User’s order is the version in force when the order is placed. The information gathered when this order is placed is subject to computer processing for the Licensor’s purposes, in order for it to process the order. In compliance with the amended ‘data processing’ law of 6 January 1978, the User has the right to access and rectify the information concerning them. They may access the information concerning them by writing to: C2CARE, place Georges Pompidou, 83000 TOULON. They may also, for legitimate reasons, oppose the data concerning them being processed. The Licensor may transfer personal data to service providers located outside the European Union in order to manage the contract. To find out more, the User may view their rights on the CNIL (French data protection authority) website.

ARTICLE 2 – ORDERS

Orders may be placed on the Website or by signing a purchase order with the Licensor. The following information fields are essential when placing the order: name, postal address and valid email address. The User shall provide valid information and inform the Licensor should this information change during the contract term. Licence offers are valid as long as they are visible on the website and are subject to stock availability. Any change to an order by the User after their order has been confirmed is subject to the Licensor’s acceptance.

The Licensor reserves the right to cancel or refuse any order from a User with whom there exists a dispute relating to the payment of a previous order. The Licensor does not grant software user licences to consumers. 2.1 Orders on the Website It is the Customer’s responsibility to create a user account and to select the Software they wish to order on the Website, according to the following conditions: To place an order, after having filled their virtual basket by entering the products selected and the quantities desired, the User then clicks on the “Order” button and provides the information concerning their identity, delivery and the payment method. Before clicking on the “Confirm order” button, the User has the possibility of checking the details of their order and the total price and returning to the previous pages to correct any errors or modify their order if necessary. Confirmation of the order implies acceptance of the general conditions of sale and the general conditions of Software use. An email confirming receipt of the order and its payment is sent by the Licensor as soon as possible. The contract will only be considered as final after the Licensor has sent confirmation of acceptance of the order to the User by email. The User may track the progress of their order on the Website. The data saved in the Licensor’s IT system is proof of all the transactions made with the User.

2.2 Order on paper To place an order on paper, the User fills in the form, specifically the fields concerning their identity, delivery and the payment method. Placing the order implies acceptance of the general conditions of sale and the general conditions of Software use. The Licensor’s signing the contract is confirmation of receipt of the order. Confirmation of receipt of payment is sent by email by the Licensor as soon as possible. The contract will only be considered as final after acceptance of the order by the Licensor.

ARTICLE 3 – DESCRIPTION OF THE PRODUCT

The Licensor grants the User a non-exclusive right to use the Software under the conditions described below.

The Software is provided as a downloadable link and sent within 2 working days, by email to the email address provided by the User when they place their order. These lead times are given as an indication only. The Software is provided with an installation and user manual and a login ID and password that are personal to the User. The login information is unique, personal and strictly confidential. Each in their own respect, the Licensor and User undertake to keep it confidential. The User is solely responsible for its use. Any use of the login information is indisputably considered as use of the Software by the User, which the latter explicitly accepts. The User shall immediately notify the Licensor of any theft or breach of login information confidentiality. The Software is installed by the User under their own responsibility, according to the instructions shown in the installation manual.

ARTICLE 4 – FINANCIAL TERMS

The licence is granted for the prices shown on the licence contract. These prices are net and do not include tax. They do not include transport, any customs or insurance costs which remain the User’s responsibility. The prices take into account any discounts granted by the Licensor, by virtue of a promotional offer. The price is payable in monthly, half-yearly or annual instalments, according to the payment schedule shown in the licence contract. The first instalment is payable as soon as the order is placed. The following payment methods can be used: by bank card: Visa, MasterCard, American Express and other credit cards or by direct debit depending on the mandate given by the User to the Licensor. Payment data is exchanged in encrypted mode using the SSL protocol. The licensor reserves the right to modify the prices of subscription formulae. For this purpose, the licensor will inform the User by email, at the address they have given, of any increase in price at least 60 days before it takes effect. In this instance, if the User does not accept this price increase, they may terminate their subscription and this will take effect at the next subscription instalment. If the User does not terminate their subscription, the new price will then be applicable from the next subscription instalment or creation of new taxes.

ARTICLE 5 – LATE PENALTIES

Unless postponement is requested on time and granted by the Licensor, any late payment of a sum due, either in full or in part, will result in interest being applied, at the European Central Bank’s (ECB) half-yearly rate applicable on 1st January, increased by 10 points, in addition to the lump-sum compensation of €40 due in respect of recovery fees. The parties agree that this rate is calculated on a pro rata basis per period of a calendar month and that each month begun is counted as a full month. If the Licensor has to entrust recovery of its credit to a third party, the User will be liable for the reimbursement of the fees in addition to this late interest. The parties explicitly agree that this clause will apply by right, without the need to fulfil any formalities or give notice.

 

ARTICLE 6 – CONDITIONS OF USE

The Software can only be used on the following equipment:  Android Smartphone with a Lollipop 5.0 operating system, available internal storage space of at least 30 Gb and a compatible virtual reality headset.  PC with a Windows operating system version 10 minimum, a video card with quality equivalent to or above a 3Gb NVIDIA GTX 1060, 8Gb random access memory, a 6600K i5 processor, 64 Gb available hard drive space minimum and a compatible virtual reality headset. The User must ensure, before placing an order, that their equipment is compatible with the software. If you have any doubt about the equipment’s compatibility, contact C2Care before ordering to ensure its compatibility. Software use requires the following configuration: a connection to the Internet network at least once every 10 days to allow access to the software. Failing this, the software may no longer be used offline. The licence is granted for the User’s professional, personal and exclusive needs, and they will strictly refrain from allowing a third party in their company, including the companies in their group, to access the Software. The User will also refrain from running computer processes or providing services for third parties using the Software, in particular contract work.

ARTICLE 7 – INTELLECTUAL PROPERTY

This licence does not confer any intellectual property right to the Software on the User and it remains the sole, exclusive property of the Licensor. The User shall observe the property information shown on the Software, the materials or the documentation.

ARTICLE 8 – REPRODUCTION

The User will strictly refrain from reproducing the permanent or provisional Software either in full or in part, by any method and in any format, including when loading, displaying, running, transmitting or storing the Software. The User will refrain from translating, adapting, arranging or modifying the Software or merging it with other software.

ARTICLE 9 – RIGHT TO ANALYSE

In accordance with the provisions of article L.1226-1, III of the French Intellectual Property Code, the User has the right to observe, study or test the Software’s operation in order to determine the ideas and principles that are basic elements of the programme when they are loading, displaying, running, transmitting or storing the Software.

ARTICLE 10 – RIGHT TO DECOMPILE

The User is authorised to reproduce the code or translate the Software code format under the conditions that are exhaustively provided for by article L 122-6-1, IV of the French Intellectual Property Code in order to make the Software interoperable with other software. Decompilation of the Software for any other purpose is strictly forbidden. However, before any decompilation, the User must inform the Licensor of their intention. The latter will then have 20 working days to provide the User with the interfaces or information necessary for interoperability, or to indicate how they can obtain this information. Therefore, the User must strictly refrain from any decompilation during this period.

ARTICLE 11 – GUARANTEES

As the Software is a standard software programme designed to satisfy as many users as possible, the Licensor cannot guarantee it is adapted to the User’s specific needs. The Licensor does not guarantee the Software’s compatibility and interoperability with the Customer’s other software. The Licensor guarantees that the Software is free from all viruses on the delivery date. The Licensor guarantees the forward compatibility of upgrades and new versions of the Software, as well as its functional and technical non-regression. The Licensor guarantees the Software’s compliance with its documentation. The Software is guaranteed throughout the duration of the licence against all design defects or faults that would prevent its operation.

ARTICLE 12 – CONNECTION, MAINTENANCE AND UPDATES

12.1 Connection

The Licensor enters into the agreement on the basis of an uninterrupted connection 7 days a week, 24 hours a day. Access security is guaranteed by providing a login ID and password by email, to the address given by the User when placing the order. The following are not taken into account: – interruptions lasting less than 10 minutes. –  User software failures; – failures due to the Internet network or the operator links connecting the User to the Internet network. The Licensor reserves the option of upgrading the Software but only in order to ensure its constant improvement.

12.2 Maintenance

Maintenance comprises progressive maintenance and corrective maintenance. The Licensor is responsible for Software progressive maintenance, in particular based on User feedback. Corrective maintenance comprises two levels –Level 1 corrective maintenance includes the detection and resolution of minor anomalies, which can be corrected by the User directly, using information and tools sent by the Licensor. –Level 2 corrective maintenance includes the detection and resolution of critical anomalies, which can only be resolved by the Licensor. Anomaly reports must be confirmed by email to the Licensor immediately. The report will be acknowledged within 48 working hours. The Licensor will diagnose the anomaly and then implement a patch using all the means it has available. A telephone support service for handling anomalies is available from Monday to Friday from 9am to 12:30pm and from 2pm to 5:30pm on working days. The User authorises the Licensor to work remotely on the Software. The Licensor is not responsible for maintenance in the following cases: – the User refusing to collaborate with the Licensor to resolve anomalies and in particular to answer questions and information requests – use of the Software in a manner that is non-compliant with its purpose or its documentation; – unauthorised modification of the Software by the User or by a third party; – breach by the User of their obligations with respect to the contract or the general conditions of use; -electronic communication network failure – deliberate act of damage, malice or sabotage – damage due to a case of force majeure or improper use of the Software. However, the Licensor may take charge, if possible of resolving malfunctions caused by the cases listed above, at the Licensor rate applicable on the date of the work, when a quote has been accepted.

12.3 Updates

The Licensor will provide the User with updates and functional upgrades for the Software, at least once a quarter, by Email at the address given by the User when placing the order. The User will inform the Licensor should their email address change. The Licensor shall send updated documentation for new versions of the Software.

ARTICLE 13 – COUNTERFEITING

The Licensor guarantees that they are the owner of intellectual property rights enabling them to grant this licences and that this will not infringe third party rights. They guarantee that the Software is entirely original and does not in any way constitute counterfeiting or unfair competition. The Licensor will be obliged to compensate the User for all the financial consequences of any act of counterfeiting or other affecting the User due to the use of the Software. Consequently, if all or part of the Software is recognised as counterfeit or otherwise infringes intellectual property rights, the Licensor must, at the Licensor’s User’s choice, either provide them with another software programme with the same features, within a time frame compatible with the User’s activity, or obtain the right, at their expense, for the User to continue to use the Software, or reimburse the User for the price paid for the Software, notwithstanding the User’s right to request compensation for damages. The User will immediately report to the Licensor any counterfeiting of the Software of which they are aware and the Licensor will then be free to take the measures they deem appropriate.

ARTICLE 14 – LIABILITY

Under the guarantee, the Licensor will be responsible for correcting errors or replacing the defective Software, excluding any other direct or indirect damage, in particular linked to Software unavailability, irrespective of the duration. The User uses the Software to aid their own therapeutic method and the results obtained by its implementation are under their exclusive liability, without possible recourse against the Licensor who does not guarantee any result. In particular, the Licensor’s liability may not be incurred due to errors, irrespective of the cause, in the results obtained, which it is the User’s responsibility to check. The Licensor cannot be held liable either for the accidental destruction of User data, which it is their responsibility to save. The Licensor does not guarantee the therapeutic results obtained within the framework of use for medical purposes. The Licensor is subject to an obligation of means. It is the User’s responsibility to download updates and report any anomaly in programme execution.

ARTICLE 15- TERM

The Parties do not intend to establish a cooling-off period for their agreement. The user licence takes effect from the date the contract is signed and for the contract term, subject to the intellectual property rights owned by the Licensor for the Software. It will be renewed tacitly for an equal term, unless it is terminated two (2) months before expiry, giving notice by registered letter with acknowledgement of receipt. Under the terms of article L. 136-1 of the French Consumer Code, the Licensor will inform the User in writing, at the earliest three months and at the latest one month before the end of the period authorising refusal to renew, of the possibility of not renewing the contract that they have signed with a tacit renewal clause. If this information has not been sent in the manner described above, the User may terminate the contract free of charge, at any time from the date of renewal onwards. Advance payments made after the last date of renewal or, with respect to permanent contracts, after the date the initial fixed-term contract is converted, are in this case reimbursed within thirty days of the date of termination, with a deduction made for corresponding sums, until this date, in execution of the contract. If no reimbursement is given under the conditions above, the sums due will be subject to interest at the legal rate.

ARTICLE 16- CONTRACT TERMINATION

16.1 Breach of a party’s obligations.

Should either party breach any of their obligations under the terms of these conditions, the contract or the general conditions of sale, these may be terminated at the option of the aggrieved party and this will take place by right 30 days after notice is sent by registered letter with acknowledgement of receipt that has remained, either in full or in part, without effect. This notice must mention the intention to apply this clause. Notwithstanding the provisions of article 1222 of the French Civil Code, should either Party breach their obligations, the injured Party may not, itself, have the obligation fulfilled by a third party, at the expense of the defaulting Party. The creditor of the obligation may however petition the court to request that the defaulting Party advance the sums necessary for this execution. Notwithstanding the provisions of article 1223 of the French Civil Code, should either Party breach their obligations, the injured Party may not accept imperfect execution of the contract with a view to requesting a proportional price discount.

16.2 Termination due to force majeure

The Parties may not be held liable if the failure to execute or delay in executing one of their obligations, as described in this agreement, is the result of a case of force majeure, as per the meaning of article 1218 of the French Civil Code. Termination by right due to a case of force majeure, can only take place 30 days after notice is sent by registered letter with acknowledgement of receipt stating the intention to apply this clause. 16.3  Termination for frustration of purpose Termination due to the impossibility of fulfilling an obligation that has become unreasonably burdensome can only take place 30 days after notice is sent declaring the intention to apply this clause by registered letter with acknowledgement of receipt.

ARTICLE 17 – TERMINATION WITHOUT CAUSE

The Software user licence may be terminated at any time, at the initiative of either party, without cause, on condition that 3 months’ notice is given, simply by registered letter with acknowledgement of receipt to the other party. However, this termination can only take place after the expiry of the commitment period mentioned in the contract.

ARTICLE 18- END OF THE LICENCE

Should these licence end for any reason whatsoever, the User will immediately provide the Licensor with the copies of the Software, the documentation and the backup copy in their possession. They will strictly refrain from making or keeping a copy, either in full or in part, as this would be construed as counterfeiting. The user account provided by the Licensor to use the licence will also be deactivated.

ARTICLE 19 – CONTRACT CIRCULATION

As this contract is signed on a personal basis, the User will refrain, on one hand, from transferring the contract or any of their rights and obligations or from granting a sub-licence, for any reason whatsoever, for a fee or free of charge, to a third party, and on the other hand, from entrusting to a third party the execution of all or part of their contractual obligations.

However, these prohibitions cannot be grounds to dismiss legal obligations of a public nature or prior written authorisation from the parties. Similarly, the User is authorised to transfer this contract within the framework of the sale of their business or company, on condition that they inform the Licensor within 15 days of this sale by registered letter with acknowledgement of receipt.

ARTICLE 20 – TOLERANCE

It is formally agreed that any tolerance or waiver from either party, in the application of all or part of the commitments, irrespective of the frequency and the duration thereof, may not modify them or generate any right whatsoever.

ARTICLE 21 – APPLICABLE LAW – LANGUAGE

By explicit agreement between the parties, these conditions and the contract are subject to French law, to the exclusion of any other legislation. They are drafted in French. Should they be translated into other languages, only the French text will prevail should a dispute arise.

ARTICLE 22 – INVALIDITY AND SEVERABILITY

Should one or more clauses in this agreement of the contract be cancelled by a legal ruling, by an arbitration ruling or by common agreement between the Parties, this will not affect the other stipulations which will continue to have full effect as long as the general economics of the agreement may be maintained. Should it become impossible to execute one or more clauses because of its cancellation, the Parties will consult each other in order to establish a new clause which will be as close as possible to the previous clause in spirit and in letter and the other stipulations of the agreement will remain in effect.

GENERAL CONDITIONS OF SALE

ARTICLE 1 – SCOPE OF APPLICATION

According to article L.441-6 of the French Code of Commerce, these General Conditions of Sale form the sole basis for the sales relationship between the parties. Their purpose is to define the conditions under which the Company C2CARE, simplified joint-stock company with capital of €102 691 and headquarters at Place Georges Pompidou 83000 TOULON, registered on the Toulon Companies and Trade Register under number  815 196 332 and with European VAT no. FR 79 815 196 332 and telephone number +33 (0) 4 83 42 61 73, (“The Supplier”) provides professional mental health Buyers (“The Buyers or the Buyer or Client”) who make a request via the Supplier’s Website www.c2.care (“Website”), by direct contact or on paper, for products to help with the therapeutic treatment of anxiety disorders by exposure to virtual reality described on the Website (“The Products”. They apply without restrictions or reservations to all sales made by the Supplier to Buyers in the same category, irrespective of the clause that may be included in the Buyer’s documents, and in particular their general conditions of purchase. Any Product order implies the Buyer’s acceptance of these General Conditions of Sale and the general conditions of use of the Supplier’s website for electronic orders. In compliance with the applicable regulations, these General Conditions of Sale are systematically provided to any Buyer who requests them, to enable them to place an order with the Supplier. The information shown in the catalogues and prospectuses and the Supplier’s prices are given as an indication and may be revised at any time. The Supplier has the right to make any changes they deem necessary.

ARTICLE 2 – ORDERS

Orders may be placed on the Website or on paper with the Supplier. The following information fields are essential to placing an order: name, postal address and valid email address. The Supplier reserves the right to cancel or refuse any order from a Buyer with whom a dispute exists relating to the payment of an earlier order. The Supplier does not sell products to consumers. Any change to the order by the Buyer after confirmation of their order is subject to the Supplier’s acceptance. 2.1.1 Ordering on the Website It is the Buyer’s responsibility to create a user account and select the Products that they wish to order on the Website, according to the following conditions: To place an order, after having filled their virtual basket by entering the products selected and the quantities desired, the Buyer then clicks on the “Order” button and provides the information concerning their identity, delivery and the payment method. Before clicking on the “Confirm order” button, the Buyer has the possibility of checking the details of their order and its total price and returning to the previous pages to correct any errors or modify their order if necessary. Confirmation of the order implies acceptance of the general conditions of sale and the general conditions of use of the Website. An email confirming receipt of the order and its payment is sent by the Supplier as soon as possible. The contract will only be considered final after confirmation of order acceptance is sent to the Buyer by the Supplier by email and after full payment. The Buyer may track the progress of their order on the Website. The data saved in the Supplier’s IT system are proof of all the transactions made with the Buyer. 2.2 Order on paper To place an order on paper, orders must be confirmed in writing, through a purchase order duly signed by the Buyer, filling in the fields concerning their identity, delivery and the payment method. Placing the order implies acceptance of the general conditions of sale and the general conditions of use of the Website. The Supplier ensures in particular that the products requested are available. The Supplier’s signing of the purchase order confirms receipt of the order. The contract will only be considered final after the Supplier’s acceptance of the order and after full payment of the price. Confirmation of receipt of their payment is sent by email by the Supplier as soon as possible.

ARTICLE 3 – FINANCIAL TERMS

The products are provided at the Supplier’s rates in effect on the date the order is placed, and, if applicable, in the specific sales proposal sent to the Acquirer. These rates are fixed and cannot be revised during their validity period, as stated by the Supplier. The rates take into account any discounts granted by the Supplier, as part of a promotional offer. These prices are net and do not include tax, with shipping and packaging on top. They do not include transport, nor any customs and insurance costs which remain the Buyer’s responsibility. The buyer is informed that the products are shipped from Metropolitan France. The price is payable in full and in one instalment on the date the order is placed by the Buyer as defined in the article “Ordering” below. The payment methods that can be used are the bank cards: Visa, MasterCard, American Express and other credit cards or by direct debit depending on the mandate given by the Buyer to the Supplier. Payment data is exchanged in encrypted mode using the SSL protocol. Payments made by the Buyer will only be considered as final after the sums due have been collected by the Seller. Should the payment conditions above not be observed, the Supplier reserves the right to suspend or cancel delivery of the open orders from the Buyer.

ARTICLE 4- LATE PENALTIES

Unless postponement is requested on time and granted by the Supplier, any late payment of a sum due, either in full or in part, will result in interest being applied, at the European Central Bank’s (ECB) half-yearly rate applicable on 1st January, increased by 10 points, in addition to the lump-sum compensation of €40 due in respect of recovery fees. The parties agree that this rate is calculated on a pro rata basis per period of a calendar month and that each month begun is counted as a full month. If the Supplier has to entrust recovery of its credit to a third party, the User will be liable for the reimbursement of the fees in addition to this late interest. The parties explicitly agree that this clause will apply by right, without the need to fulfil any formalities or give notice.

ARTICLE 5 – DELIVERY

Delivery is made by an independent carrier, to the address mentioned by the Buyer when placing the order and to which the carrier must have easy access. The Products acquired by the Buyer will be delivered within a maximum of 5 working days of receipt by the Supplier of the corresponding purchase order duly signed and accompanied by payment, to which is added the processing time and time for shipping to the address given by the Client when ordering on the Website. Delivery is the transfer to the Client of physical possession or control of the Product. Except in specific cases or if one or more Products are unavailable, the Products ordered will be delivered in one batch. This time is not a strict deadline and the Supplier’s liability cannot be incurred with respect to the Buyer in the event of a delivery delay that does not exceed 15 days from the delivery date indicated. In the event of a delay of over 15 days from the delivery date indicated, the Buyer may request cancellation of the sale. Advance payments already made will then be refunded by the Supplier. The Supplier’s liability can in no way be incurred in the event of a delay or the suspension of delivery attributable to the Buyer or in the event of force majeure. Delivery will be made to the address indicated when the order was placed. The Buyer is obliged to check the apparent condition of the products at delivery. Unless reservations are explicitly stated by the Buyer at delivery, the Products delivered by the supplier will be deemed compliant with the order in terms of quantity and quality. The Buyer will have a period of 30 days from delivery and receipt of the products order to state any such reservations in writing to the Supplier. No claim may be validly accepted should the Buyer fail to observe these formalities. The Supplier will replace the Products delivered as soon as possible at their own expense, if the Buyer has duly proven their non-compliance.

ARTICLE 6- TRANSFER OF OWNERSHIP AND RISKS

The transfer of Product ownership to the Buyer will only take place after they have paid in full, irrespective of the delivery date of said Products. Irrespective of the date Product ownership is transferred, the corresponding risks of loss and deterioration will only be transferred when the Buyer physically takes possession of the Products.

ARTICLE 7 – GUARANTEES

The Products supplied by the Supplier are covered by right and without additional payment by: – the legal guarantee of compliance, for Products that are apparently defective, spoiled or damaged or which do not correspond to the order, – the legal guarantee against hidden defects due to a material, design or manufacturing fault affecting the products delivered and making them unusable. This guarantee is limited to the replacement or reimbursement of non-compliant or defective products. Any guarantee is void in the event of improper use, negligence or lack of maintenance by the Buyer, and in case of normal Product wear or force majeure. To assert their rights, the Buyer must, under penalty of loss of a right to legal action, inform the Supplier in writing of the existence of defects within a maximum period of 24 months from their discovery. The Supplier will replace the Products or parts under guarantee that are deemed defective, or have them replaced. This guarantee also covers labour costs. Replacement of defective Products or parts will not extend the guarantee period set above. Finally, the guarantee will not apply if the Products have been subject to improper user, or have been used under different conditions to those for which they have been manufactured, in particular if the conditions laid down in the user guide have not been observed. It does not apply either to cases of damage or accidents due to impact, falling, negligence, lack of surveillance or maintenance or in case of Product transformation.

ARTICLE 8- CNIL (FRENCH DATA PROTECTION AUTHORITY)

The information gathered when the order is placed is subject to computer processing for the Supplier’s purposes, in order for it to process the order. In compliance with the amended ‘data processing’ law of 6 January 1978, the Buyer has the right to access and rectify the information concerning them. They may access the information concerning them by writing to: C2CARE, place Georges Pompidou, 83000 TOULON. They may also, for legitimate reasons, oppose the data concerning them being processed. The Supplier may transfer personal data to service providers located outside the European Union in order to manage the contract. To find out more, the User may view their rights on the CNIL (French data protection authority) website.

ARTICLE 9 – FORCE MAJEURE

The Parties may not be held liable if failure to execute or delay in executing any of their obligations, as described in these conditions, results from a case of force majeure, according to the meaning of article 1218 of the French Civil Code. The party that observes the event must inform the other party immediately of the impossibility of providing their service and provide evidence to them. The suspension of obligations may under no circumstances be a reason for liability for failure to execute the obligation in question or give rise to payment of damages or interests or late penalties. Execution of the obligation is suspended throughout the duration of the force majeure if it is temporary and does not exceed a period of 30 days. Consequently, as soon as the cause for suspension of their reciprocal obligations disappears, the parties will devote all their efforts to resuming normal execution of their contractual obligations as soon as possible. For this purpose, the obstructed party must inform the other party of the resumption of its obligation by registered letter with acknowledgement of receipt or any extra-judicial document. If the obstruction is permanent or exceeds a period of 45 days, these conditions will purely and simply be rescinded according to the terms defined in the article “Termination due to force majeure”.

ARTICLE 10 – PENALTIES FOR BREACH OF OBLIGATIONS

Should either party fail to observe the following obligations: non-payment for services ordered by the Buyer when due or non-delivery by the Supplier within 15 days after the delivery date indicated, this may be terminated at the option of the aggrieved party. It is explicitly understood that this termination for breach of obligations will take place by right 15 days after notice is sent which has remained, either in full or in part, without effect. Notice may be given by registered letter with acknowledgement of receipt. This notice must mention the intention to apply this clause. As the services exchanged between the Parties from the signing of this contract until its termination can have no purpose without the full execution of this contract, they shall give rise to full restitution. Notwithstanding the provisions of article 1222 of the French Civil Code, should either Party breach their obligations, the injured Party may not have the obligation executed itself by a third party, at the expense of the defaulting Party. The injured party may, in the event of a failure to execute any of the obligations incumbent on the other Party, request termination of the contract according to the terms defined in these conditions. Notwithstanding the provisions of article 1223 of the French Civil Code, should the obligor breach one of their obligations, the creditor cannot accept imperfect execution of the contract and request a proportional price discount.

ARTICLE 11 – TOLERANCE

It is formally agreed that any tolerance or waiver from either party, in the application of all or part of the commitments, irrespective of the frequency and the duration, may not modify them or generate any right whatsoever.

ARTICLE 12 – APPLICABLE LAW – LANGUAGE

These General Conditions of Sale, which are drafted in French, and the resulting operations, are governed by and subject to French law. Should they be translated into other languages, only the French text will prevail should a dispute arise.

ARTICLE 13 – INVALIDITY AND SEVERABILITY

Should one or more clauses in this agreement of the contract be cancelled by a legal ruling, by an arbitration ruling or by common agreement between the Parties, this will not affect the other stipulations which will continue to have full effect as long as the general economics of the agreement may be maintained. Should it become impossible to execute one or more clauses because of its cancellation, the Parties will consult each other in order to establish a new clause which will be as close as possible to the previous clause in spirit and in letter and the other stipulations of the agreement will remain in effect.

ARTICLE 14 – PROVISION OF THE EQUIPMENT

The equipment remains the property of C2Care, who rents it to the client. The client will pay a deposit to guarantee the equipment, which will be reimbursed to them on the date they return the equipment in full, containing all the accessories as well as the original packaging to C2Care. For monthly subscriptions with equipment, the agreement made is for six monthly instalments. The Client may at any time ask to stop their subscription by post or by sending a message from the C2Care website contact page. If the client would like to terminate their subscription before the end of the six monthly instalments, they must pay the remaining monthly instalments minus 30% and return the equipment. Beyond the six monthly instalments, it is only necessary to return the equipment. Payment for each month that has begun is considered due. For prepaid subscriptions, the client may terminate the contract by returning the equipment at any time before the start of a new subscription period.