Legal Notices & Terms and Conditions

In accordance with the provisions of Articles 6 III° and 19 of Law No. 2004-575 of June 21, 2004, on Confidence in the Digital Economy, known as L.C.E.N., the following legal notices and terms of use are brought to the attention of users (hereinafter referred to as “Users”) of the website https://diappymed.com/ (hereinafter referred to as “the Site”).

The currently online version of these legal notices and terms of use is the only enforceable version throughout the use of the Site until it is replaced by a new version.

ARTICLE 1 – LEGAL INFORMATION

Site Publisher:

The company DIAPPYMED (hereinafter referred to as “the Company”), a simplified joint-stock company with a capital of €50,468, whose registered office is located at Cap Alpha, 3 avenue de l’Europe, 34830 Clapiers, registered with the Montpellier Trade and Companies Register under number 893 114 405, represented by Mr. Omar DIOURI acting as President.

Intra-community VAT number: FR 12 893 114 405

Contact :

Mail :

3 avenue de l’Europe

DiappyMed

34830, Clapiers

Phone : +33 (0) 6 86 28 68 74

Email: contact@diappymed.com

Publication Director: Mr. Omar DIOURI

Site Host: BlueHost

Gate Parkway Jacksonville FL 32256
Mail: bluehost.com

Phone: +1 80 17 65 94 00

ARTICLE 2 – SCOPE OF APPLICATION

These general terms of use of the Site (hereinafter referred to as “the General Terms”) apply without restriction or reservation to all access and use of the Company’s Site by Users.

The User is required to read these terms before any use of the Site.

THE USER DECLARES HAVING READ THESE GENERAL TERMS AND AGREES TO COMPLY WITH THEM.

The Company reserves the right to unilaterally modify the content of these General Terms at any time.

ARTICLE 3 – SITE OPERATION

3.1. Access to the Site

The Site is freely accessible to Users with an internet connection unless otherwise stated. All costs, of any kind, related to accessing the Site are exclusively borne by the User, who is solely responsible for ensuring the proper functioning of their computer equipment and internet access.

3.2. Site Availability

The Company strives to provide Users with access to the Site 24/7, except in cases of force majeure and subject to the following conditions.

The Company may, at any time, without liability:

suspend, interrupt, or restrict access to all or part of the Site, reserve access to the Site or certain parts of it for a specific category of Users;
remove any information that may disrupt its operation or violate national or international laws;
suspend or limit access to the Site to perform updates.

The Company is not liable for any inability to access the Site due to force majeure, as defined by Article 1218 of the French Civil Code, or due to events beyond its control (including User equipment issues, technical problems, internet network disruptions, etc.).

The User acknowledges that the Company’s obligation regarding the Site’s availability is a best-effort obligation.

3.3. Site Purpose

Access to and use of the Site are strictly for personal use. The User agrees not to use the Site or its information or data for commercial, political, or advertising purposes or for any form of commercial solicitation, including sending unsolicited emails.

ARTICLE 4 – INTELLECTUAL PROPERTY

All trademarks, brand elements, domain names, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, and all software applications used to operate this Site, and more generally all elements reproduced or used on the Site, are protected by intellectual property laws.

It is reiterated, as needed, that the Company owns or holds a license to exploit all intellectual property rights on the Site’s elements, for all rights, exploitation methods, representations, reproductions, and adaptations worldwide and for the duration of intellectual property rights.

Any reproduction, representation, use, or adaptation, in any form, of all or part of these elements, including software applications, without the prior written consent of the Company, is strictly prohibited. The Company’s failure to initiate legal action upon learning of unauthorized uses does not constitute acceptance of such uses or a waiver of prosecution.

ARTICLE 5 – HYPERLINKS

The establishment of any hyperlinks by the User from any website or device to any part of the Site is strictly prohibited without the prior written authorization of the Company, which must be requested via email at contact@diappymed.com.

The Company is free to refuse this authorization without justification. If granted, this authorization is temporary and may be revoked at any time without justification.

In any case, any link must be removed upon the Company’s request.

Any information accessible through a link to other sites is not under the Company’s control, and it disclaims any liability regarding their content and any technical problems, security breaches, or failures from a hyperlink created with or without its consent, or any third-party breach whose website is referenced via a hyperlink on the Site.

ARTICLE 6 – LIABILITY

The Company’s liability cannot be sought in cases of:

improper use of the Site by the User contrary to its intended purpose;
failure by the User to comply with these general terms of use;
internet and/or intranet network outages;
technical issues and/or cyber-attacks affecting the User’s premises, facilities, digital spaces, software, and hardware.

Furthermore, the Company is not responsible for any damage caused to the User, third parties, and/or the User’s equipment due to their connection or use of the Site.

If the Company is subject to legal proceedings due to the User’s use of the Site, it may seek indemnification from the User for all damages, costs, judgments, and expenses resulting from such proceedings.

The User is solely responsible for their equipment used to connect to the Site.

The User must take all appropriate measures to protect their equipment and data from internet threats, including viral attacks. The User is also solely responsible for the sites and data they access.

ARTICLE 7 – APPLICABLE LAW – DISPUTES

These general terms of use are governed by French law. They are written in French. In case of translation into one or more languages, only the French text shall prevail in case of dispute.

In case of dispute, any claim must be sent to the company by mail or email at the addresses provided herein.

If a claim fails to be resolved within 30 days, and the user is a consumer, they may seek mediation or any alternative dispute resolution method (such as conciliation).

A dispute cannot be examined by the mediator if:

The User has not first attempted to resolve it directly with the Company through a written complaint;
The request is manifestly unfounded or abusive;
The dispute has been or is being examined by another mediator or a court;
More than one year has passed since the User’s written complaint to the Company;
The dispute is outside the mediator’s jurisdiction.

Failing this, any disputes arising from these general terms of use shall be subject to the competent French courts.

For professional users, disputes shall be submitted to the commercial court of Montpellier.