Ora-Visio is a web-based platform accessible at www.ora-visio.fr (the « Site ») operated by ORA, a limited liability company with share capital of 5,000 euros, whose registered office is located at 82, vielle route de la Gavotte in Les Pennes-Mirabeau (13170), registered with the Aix-en-Provence Trade and Companies Registry under identification number 515 375 400 and whose intra-Community VAT number is FR47515375400 (the « Company »). The said platform is dedicated to putting Customers in contact with Service Providers. Customers can thus subscribe to Appointments offered by Service Providers via the Site.

The purpose of these Terms and Conditions of Use (the « Terms » or, taken as a whole, the « Agreement ») is to define the terms and conditions governing relations between Users of the Site and the Company. These Conditions constitute a contractual agreement for an indefinite period from the date of acceptance by the User of this Contract.
The User undertakes on each and every visit to the Site and to all platforms and/or software made available for Rendez-Vous to abide by all of the present Conditions without reservation. Consequently, the User acknowledges having read the Conditions and agrees to be bound by these provisions. If the User accesses the Site on behalf of a company or any other legal entity, the User is nevertheless personally bound by this Agreement.

 

PRELIMINARY ARTICLE – DEFINITIONS AND RULES OF INTERPRETATION

0.1. Definitions

Unless defined elsewhere in this Agreement, capitalized terms used herein shall have the following meanings:

•  » Customer  » refers to any User meeting the eligibility conditions set out in article 1.1 and wishing to subscribe to an Appointment on the Site;
•  » Condition(s)  » has the meaning attributed to it in the preceding statement;
•  » Contract  » has the meaning assigned to it in the foreword;
•  » Service Provider  » refers to any professional User, within the meaning of consumer law, offering its services on the Site in the form of Rendez-Vous ;
•  » Rendez-Vous  » refers to the services provided by a Service Provider and subscribed to on the Site by the Customer and provided by the Service Provider concerned via the platform and/or software made available on the Site;
•  » Service(s ) » refers to the service(s) offered by the Company on the Site as described in article 2;
•  » Site  » has the meaning assigned to it in the foreword;
•  » Company  » has the meaning ascribed to it in the Foreword; and
•  » User  » refers to any individual or legal entity using the Site, including in particular any Service Provider or Customer.

0.2. Rules of interpretation

The rules set forth below shall apply to the interpretation of this Agreement:

(a) the titles of the Articles and Schedules are included for convenience and in no way affect the interpretation of any of the provisions of this Agreement;

(b) the use of the expressions « including », « in particular », or « in particular » implies that the enumeration which follows them is not restrictive or exhaustive;

(c) the term « or » is not exclusive;

(d) the definition attributed to a singular term also applies to that term when used in the plural and vice versa. The same applies to the use of the masculine or feminine gender;

(e) the calculation of periods expressed in days, months or years must be made in accordance with the provisions of articles 640 to 642 of the Code of Civil Procedure;

(f) any reference to a party includes a reference to that party’s heirs, successors and assigns; and

(g) any reference to a document means such document as it may be amended or replaced (other than in breach of the provisions of this Agreement).

 

ARTICLE 1 – SITE REGISTRATION

1.1. Service eligibility

To be eligible for the Service, the User must be a natural person who has reached the age of 18 and has full legal capacity. In addition, the User shall use the Services solely as a consumer within the meaning of consumer law, to the exclusion of any professional use.

1.2. Create an account

The creation of a member account on the Site is a prerequisite for the purchase of Items on the Site. It implies completing the registration form, available on the Site, by providing accurate, up-to-date and complete information. This information must be regularly updated by the User in order to maintain its accuracy.
The User must choose a username consisting of a valid e-mail address and a password, and must provide the following information: first and last name, e-mail address and home address.
User account access codes, including those giving access to the platforms and software required to hold Appointments, are strictly confidential. In the event of unauthorized use of his account or any breach of the confidentiality and security of his means of identification, the User must inform the Company without delay.
Each User undertakes to create only one account corresponding to his/her profile.

 

ARTICLE 2 – SITE OPERATION

The creation of an account allows access to the following services (the « Service(s) »):

1. creating and updating a User profile; and
2. subscribe to Rendez-Vous.

 

2.1. Subscribe to Rendez-Vous

Conditions for subscribing to Rendez-Vous on the Site are available here. Any subscription by a User implies acceptance of these terms and conditions.
Customers must book an appointment directly on the Site. The Customer shall not subscribe to any Service Provider’s service or make any payment outside the Site without the Company’s prior unambiguous consent.
It implies the conclusion of a service contract between the Service Provider and the Customer, governed by the General Terms and Conditions of Service available here. The Company only plays a technical role in the Customer’s subscription.
The Company in no way assures the Customer of the quality or legality of the Appointments, nor of the seriousness of the Service Providers.
In case of emergency or psychological distress, the User is obliged to contact the emergency services and the nearest hospital.

2.2. How to classify service providers

On the Site, the User can consult the information sheets presenting the Service Providers.
Service Providers are classified according to the filters available on the Site and the choices expressed by the User on the Site.
They are then sorted at random

2.3. Existence of a contractual relationship between the Company and Service Providers

The Service Providers have a contractual relationship with the Company, established by a partnership agreement, but do not have any capital ties. This contractual relationship provides for remuneration of the Company in the event of subscription to an Appointment on the Site.
The classification and presentation of Service Providers are independent of the Company’s remuneration terms and conditions. The Company’s remuneration therefore has no impact on the ranking of Service Providers.
Service Providers may be removed from the Site in the event of a breach of all or part of these General Terms and Conditions, the partnership agreement or serious disputes raised by one or more Users.

2.4. Details of price components and warranties

Rendez-Vous offers on the Site display the price proposed by the Service Provider and the general purpose of the Rendez-Vous. The Company has no control over the prices quoted by the Service Providers or over their professional qualifications.
The Company provides no guarantee to Users as to the seriousness of the Service Providers, their skills, the validity of their diplomas or the legality of the proposed Appointments.
The User is therefore advised to be particularly vigilant when concluding any final transaction with the Service Provider.
The User is informed that subscriptions are not reimbursed by social security. For any reimbursement by the mutual insurance company, the User must contact his mutual insurance company directly and at his own expense. There is no guarantee of reimbursement by the mutual insurance company.

2.5. Technical terms of subscription

If a Customer wishes to book an Appointment, payment of the price indicated on the Site is made by credit card. The Company uses the secure payment service provided by Mangopay, whose terms and conditions can be found at the following link: https: //www.mangopay.com/wp-content/uploads/CGU-EP-FR.pdf
The Company has no access to confidential banking data (16-digit credit card number, expiry date and CVV code), which is transmitted encrypted directly to the bank’s server.
The customer is bound by his subscription as soon as he clicks on « Pay ».
The recipient of the payment is the Service Provider, after deduction of the Company’s service charges and any bank charges.
Automatic recording systems are considered as proof of the nature, content and date of the subscription.
The Customer will receive confirmation of payment by sending a message to the e-mail address provided.
The Company reserves the right to refuse or cancel any subscription from a Customer, in particular in the event of the latter’s insolvency or in the event of non-payment of the subscription concerned or of a dispute relating to the payment of a previous order.
The information provided by the customer when entering the subscription information is binding. The Company shall not be held responsible for any errors made by Customers in the wording of the fields to be completed to place an order (e.g. delivery address).

2.6. Tax and social security obligations

In accordance with the provisions of article 242 bis of the French General Tax Code, the Company reminds Users of the following information:
Income received by Providers through the Site must be declared annually to the tax authorities along with their other income. In this respect, in January of each year, and at their request, the Company provides its Users with a document summarizing the gross amount of transactions of which it is aware and which they have received, through its intermediary, during the previous year.
For further information on their tax and social security obligations, Users may consult the following website: https: //www.impots.gouv.fr/portail/node/10841
The Company reserves the right to suspend the account of any User whose compliance with its civil, tax and social security obligations is inaccurate or insufficient, until such time as it complies with these obligations within 24 hours.
Failing this, the Company reserves the right to delete the User’s account.

2.7. Non-captation

The User who has requested the Company to put him/her in contact with a Service Provider undertakes, as soon as the Company sends him/her the Service Provider’s company name and/or contact details with a view to putting him/her in contact with the Service Provider, and for a period of twelve (12) months following the termination or cessation for any reason whatsoever of any contract concluded between the Service Provider and the User concerned, not to enter into direct or indirect contact, by any means whatsoever, with the Service Provider(s) put in contact with him/her. In the event of a breach of this provision, the User who requested the match will be required to pay compensation equal to 5,000 euros, inclusive of all taxes, to the Company, it being specified that this compensation is not in full discharge and does not constitute lump-sum compensation for the loss suffered by the Company.

2.8. Message service

On the Site, an instant messaging service is made available to Service Providers to enable them to communicate with Users.
Users agree to communicate with the Service Providers solely via this internal messaging service to the exclusion of any other means of communication other than those offered on the Site.
The Company shall not be liable for any exchanges on the Site. Each User undertakes not to enter any content likely to offend public order or morality, to provoke protests from third parties, or to contravene current legal provisions. The Company reserves the right to moderate or not to publish at its own discretion any message communicated by a User.

 

ARTICLE 3 – USE OF THE SITE

3.1 Right of access to the Site

The Company hereby grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services and the Site on a strictly personal basis. Any use of the Site contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.
Use of the Site requires a connection and an Internet browser. In order to guarantee the proper functioning of the Site, it is specified that the Site is optimized for :
– 1200x768px screen resolution;
– the latest versions of Internet Explorer, Chrome, Firefox and Safari browsers.
All hardware and software required to access the Site and use the Services are the sole responsibility of the User.
The Company reserves the right to suspend, modify, replace, deny access to or delete User accounts at its sole discretion.

3.2 User obligations

Users agree not to:

1. to transmit, publish, distribute, record or destroy any material, in particular the contents of the Site, in violation of the laws or regulations in force concerning the collection, processing or transfer of personal information;
2. create fictitious profiles;
3. providing inaccurate information on the form or failing to update it regularly;
4. to disseminate data, information or content of a defamatory, insulting, obscene, offensive, violent or inciting to violence nature, or of a political, racist or xenophobic nature and, in general, any content that is contrary to the laws and regulations in force or to accepted standards of behaviour;
5. reference or create links to any content or information available on the Company’s sites, except with the express prior written consent of the Company;
6. obtain passwords or personal identification data from other Users;
7. to use any information, content or data present on the Site in order to offer a service considered, at the Company’s sole discretion, to be competitive to the Company;
8. sell, exchange or monetize information, content or any data present on the Site or services offered by the Site, without the express written consent of the Company;
9. reverse engineer, decompile, disassemble, decrypt or otherwise attempt to obtain the source code in connection with any underlying intellectual property used to provide all or part of the Services;
10. to use any manual or automatic software or devices, robots or other means to access, explore, retrieve or index any page of the Site;
11. endanger or attempt to endanger the security of any of the Company’s websites. This includes attempts to monitor, scan or test the vulnerability of a system or network or to breach security or authentication measures without express prior authorization;
12. counterfeit or use the products, logos, trademarks or any other elements protected by the Company’s intellectual property rights;
13. simulate the appearance or operation of the Site, for example by using a mirror effect;
14. disrupt or interfere, directly or indirectly, with the Company or the Services, or impose a disproportionate load on the Site’s infrastructure or attempt to transmit or activate computer viruses via or on the Site.

Violations of system or network security may lead to civil or criminal prosecution. The Company verifies the absence of any such violation and may call upon the legal authorities to prosecute Users who have participated in such violations.
Users undertake to use the Site in a fair manner, in accordance with its purpose and the legal and regulatory provisions, the present Conditions and current practices.
It should be noted that all the stipulations of the present article 3 apply to the use of the platforms and software made available, inter alia, for the purposes of the Rendez-Vous.
It is specified that the Company reserves the right to publish or not to publish or to delete in whole or in part a notice or comment from a User on the Site.

 

ARTICLE 4 – USE OF SITE CONTENT

The entire content of the Site, platforms and software made available, in particular designs, texts, graphics, images, videos, information, logos, button icons, software, audio files and others, belongs to the Company or its partners.
Any representation and/or reproduction and/or partial or total exploitation of the content and services offered by the Company, by any means whatsoever, without the prior written authorization of the Company, is strictly prohibited and may result in legal action.

 

ARTICLE 5 – PERSONAL DATA

5.1 Collected data

In order to enable all Users to take full advantage of the Site’s Services and functionalities, the Company collects various data. By registering on the Site, Users expressly agree to the collection of this data, regardless of the country from which they are connecting.
These data are collected at different times and using different methods:

• When registering on the Site (1st subscription on the Site): surname, first name, e-mail address, telephone number, postal address;
• Log files and Internet Protocol (IP) address: Each time the User connects to the Site, the Company receives the link to the site from which the User arrived and the link to which the User is directed when leaving the Site. The Company also receives the User’s Internet Protocol (IP) address or certain information relating to the User’s computer operating system or Internet browser;
• Cookies: The Company uses cookies, which can be defined as text files that may be stored on a terminal when an online service is consulted using a browser. During its period of validity, which may not exceed 13 months, a cookie file enables its issuer to recognize the terminal concerned each time this terminal accesses digital content containing cookies from the same issuer. However, it is possible to deactivate the use of cookies by modifying the User’s preferences in their web browser. In this case, certain functionalities of the Site may no longer function.

5.2. Retention of collected data

Personal data is stored by the Company on its servers for processing in connection with the use of the Services. They are kept for as long as necessary to provide the services and functions offered by the Site. Consequently, as long as a User has a member account, the data collected will be retained. In the event of unsubscription from the Site, the data collected will be deleted by the Company and will only be kept for archival purposes in order to establish proof of a right or contract, which may be archived in accordance with the provisions of the French Commercial Code relating to the retention period of books and documents created in the course of commercial activities.
The User remains at all times the owner of the information concerning him/her that he/she transmits to the Company. In accordance with law no. 78-17 of January 6, 1978, as amended by law no. 2004-801 of August 6, 2004, you have the right to access, rectify and delete any personal data concerning you, as well as the right to object to the communication of such data to third parties for valid reasons.
The User may exercise these rights by writing to the following e-mail address: contact@ora-visio.fr or to the following postal address: ORA- 82, vielle route de la Gavotte à Les Pennes-Mirabeau (13170).
A reply to the User’s request will be sent within 30 days.

5.3. Purpose of data collection

Personal data is collected from Users in order to (i) to enable the User to take full advantage of the Services and functions offered by the Site, (ii) to prevent fraud and (iii) for statistical purposes.
These data may be communicated by the Company, to the Service Provider concerned, to any third party responsible for the execution, processing and management of the Services.
However, in various cases, the Company may disclose or share a User’s personal data with other third parties, including :

• with the User’s consent;
• to comply with applicable laws, regulations, legal proceedings, court orders or other mandatory disclosures; or
• to protect the rights, property or safety of the Site, its members or the public.

 

ARTICLE 6 – LIABILITY

6.1. Use of the Site

The Company’s role is limited to making the Services technically available to Users.
The User is solely responsible for the consequences of using the Site.
The User is responsible for ensuring that its use of the Site complies with legal and regulatory provisions as well as with the General Terms and Conditions. The Company gives no guarantee to the User as to the conformity of the use of the Site, which he makes or intends to make, with national or international legal and regulatory provisions.
The User is advised of the technical hazards and access interruptions that may occur on the Site. Consequently, the Company cannot be held responsible for any unavailability or slowdown of the Services.
All information, advice, guides and any other data displayed on the Site are not intended to constitute advice on the basis of which a decision could be made by the User.
Consequently, the User must under no circumstances take the information and data on the Site for granted, but must independently verify all such information and data. The Company cannot therefore be held responsible for the consequences of using the data and information displayed on the Site.

6.2. Terms and conditions of transactions carried out via the Site

The Company only plays a technical role in putting Service Providers and Customers in touch with each other. The Company in no way guarantees the reliability and trustworthiness of the Service Providers.
Consequently, Users are required to organize the legal and financial conditions of their relations between themselves, for which they will be solely responsible. They must then ensure compliance with legal and regulatory requirements.
In addition, the Company shall not be held liable under any circumstances, in particular :

1. the consequences of virtual or real encounters between Users as a result of using the Site;
2. the conditions for carrying out the Rendez-Vous ;
3. the quality, legality and conformity of appointments;
4. violation by the Service Provider or the Customer of its legal, regulatory or contractual obligations;
5. damage of any kind suffered by the Customer or any third party, including bodily injury, following an Appointment; and
6. any loss resulting from a fault of the User or an event attributable to a third party or to force majeure.

For all of the Services offered on the Site, the Company is in no way the executor of the Appointments or the guarantor of the Service Providers, the Company’s role being limited to the technical facilitation of meetings between Customers and Service Providers. More generally, the Company remains a third party to the acts entered into by Users via the Site, and cannot be held liable for the consequences of such acts on any grounds whatsoever.

6.3. The data

The Company has no general obligation to monitor the data and content provided by Service Providers, Customers and other Users, nor any obligation to delete content that does not appear manifestly illegal, notwithstanding its notification.
The User undertakes not to enter any content likely to offend public order or morality, to provoke protests from third parties, or to contravene current legal provisions.
Consequently, it is expressly agreed that in the event that the Company is called into question, for any reason whatsoever, in any country whatsoever, by a third party on the basis of industrial and/or intellectual property rights relating to an element supplied by a User, the User undertakes to fully indemnify the Company against the direct and/or indirect economic and financial consequences (including the costs of proceedings and defense) arising from such claims.
Users are reminded that data published by them and information shared by them may be collected and used by other Users or third parties. In this respect, the Company does not guarantee that the ownership of such data will be respected, and it is the User’s responsibility to take all necessary steps to ensure that the ownership of his or her data is preserved.
The User must ensure that data is sent to the Site and may not hold the Company responsible on any grounds whatsoever for the non-receipt or loss of transmitted data. The User shall keep a backup of the data transmitted. In addition, once a User’s member account has been closed, the User is hereby informed that the data transmitted and all data generated will be destroyed by the Company.

6.4. General provisions

In no event shall the Company be liable for any indirect or unforeseeable loss or damage to Users or third parties, including but not limited to any lost profits, inaccuracy or corruption of files or data, or loss of opportunity arising in any way out of or in connection with this Agreement.
The Company shall not be liable for any delay or non-performance of this Contract caused by force majeure, as defined by the jurisprudence of the French courts.

ARTICLE 7 – TERMINATION

The User may terminate this Agreement at any time by visiting the Site and following the procedure provided for this purpose. Please note that once a User’s account is closed, the data transmitted and all data generated will be destroyed by the Company.
The Company reserves the right to restrict, suspend or terminate, without notice or refund, the account of any User who makes improper or inappropriate use of the Services. The assessment of the User’s behavior is reserved to the sole discretion of the Company.

 

ARTICLE 8 – EVIDENTIARY AGREEMENT

Computer systems and files are authoritative in relations between the Company and the User.
Thus, the Company may validly produce in any proceedings, for the purposes of proof, the data, files, programs, recordings or other items, received, issued or stored by means of the computer systems operated by the Company, on any digital or analog media, and rely on them unless there is an obvious error.

ARTICLE 9 – MISCELLANEOUS PROVISIONS

9.1. Indivisibility of the Contract
The fact that any provision of the Contract is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the remaining provisions of the Contract.
9.2. Contract amendment
The Company reserves the right to modify, supplement or replace these Conditions. Should the User refuse to accept the new provisions, he/she is reminded that he/she may terminate the present Contract at any time, in accordance with Article 7 (Termination).

 

ARTICLE 10 – SETTLEMENT OF DISPUTES

The conclusion, interpretation and validity of this Agreement shall be governed by French law, regardless of the User’s country of origin or the country from which the User accesses the Site and notwithstanding the principles of conflict of laws.
In the event of a dispute concerning the validity, performance or interpretation of this Contract being brought before the civil courts, it will be submitted to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly granted, even in the event of summary proceedings or multiple defendants.
The Customer is hereby informed that, in the event of a dispute, he/she may have recourse to conventional mediation or any other alternative dispute resolution method (conciliation, for example).
Pursuant to Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, customers are informed that they may consult the following page for further information on the steps to take in the event of a dispute:

https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR.

 

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LEGAL INFORMATION

ORA
Limited liability company with capital of €5,000
Head office: 82, vielle route de la Gavotte, Les Pennes-Mirabeau (13170), France
Telephone number: +33 1 86 98 23 41
515 375 400 R.C.S Aix-en-Provence
Publishing director: Jonathan Guez

The site is hosted by : AZNETWORK
Simplified joint stock company with capital of €1,130,000
Head office: 40 rue Ampère, Alençon (61000), France
Telephone line: +33 2 33 32 12 47
Legal representative: Frédéric Morel

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