GENERAL TERMS AND CONDITIONS OF USE
The purpose of these General Terms and Conditions of Use (hereinafter referred to as the "GCU") is to define the terms and conditions under which Laborex BURKINA (hereinafter referred to as the "Company"), a subsidiary of the holding company cfao Healthcare specializing in the distribution of pharmaceutical products and medical equipment in Africa (hereinafter referred to as "CFAO"), makes this Website available to Users.
The Site aims to offer various services to professionals through access to reserved areas and to promote public access to information relating to the Company's activity.
The Site aims to offer various services to professionals through access to reserved areas and to promote public access to information relating to the Company's activity.
By accessing this Site, Users acknowledge that they unreservedly accept these T&Cs.
These T&Cs cancel and replace any previous conditions that may have existed.
Users acknowledge that they have received full information regarding the possible use of their personal data available on the Site under the "Personal Data Policy" tab.
The Company reserves the right to make any changes to these T&Cs that it deems necessary, at any time and without notice. Changes to the T&Cs are binding on Users from the time they are posted online. Users are therefore required to regularly consult the updates of the provisions regulating the use of the Site.
The fact that the Company does not avail itself at a given time of any of these T&Cs cannot be interpreted as a waiver of the right to avail itself of any of the said provisions at a later date.
DEFINITIONS
In these T&Cs, the terms and expressions beginning with a capital letter, whether used in the singular or plural, masculine or feminine, have the meaning given to them in the definitions below:
- Content: All information, elements, data or creations published on the Site, whatever their form and/or title (including but not limited to: texts, databases, software applications, articles, slogans, brands, photos, logos, images, icons, graphic charter).
- Force Majeure: unforeseeable, irresistible and external events beyond the reasonable control of the Company and in particular, without limitation, computer attacks such as cyberattacks, intrusions or hacking, technical failures including server outages, Internet Service Provider service interruptions and software bugs, security issues such as software vulnerabilities and SSL/TLS certificate issues, third-party interventions such as legal restrictions, natural disasters involving technological infrastructures such as floods, fires and earthquakes, and finally, without limitation, social and political conflicts affecting the infrastructure for the operation of the Site.
- Internet: All interconnected computer and telecommunications networks, of global scope, allowing access to Content by Internet users via servers.
- Medipim: Product database reserved for Professional Users.
- User(s): Collectively refers to Professional Users and General Public Users.
- Professional User: Natural or legal person with specific access to Content and services reserved exclusively for healthcare professionals, including the ability to place orders for pharmaceutical products, after registration and authentication with the Company.
- General Public User: Natural or legal person with access to General Public Content, which can be viewed by any Internet user without registration.
- Site: Website accessible to both Professional Users and General Public Users at the following address: www.laborex-burkina.com
- Third Parties: Refers to any natural or legal person not covered by the Terms and Conditions.
ARTICLE 1 : TERMS AND CONDITIONS OF ACCESS TO THE SITE
1. Availability of the Site to Users :
Access to the Site is possible at any time for Users, except in cases of Force Majeure.
However, for maintenance reasons necessary for the proper functioning of the Site, the Company may temporarily interrupt access to all or part of the Site and services and will endeavor to notify Users in advance.
Access to the Site is possible at any time for Users, except in cases of Force Majeure.
However, for maintenance reasons necessary for the proper functioning of the Site, the Company may temporarily interrupt access to all or part of the Site and services and will endeavor to notify Users in advance.
2. Specific access rights for Professional Users :
The Professional User undertakes to provide the Company with their registration with the professional body, their pharmacy opening license, and/or authorization from the competent local health authorities proving their status as an establishment allowing them to place orders for pharmaceutical products on this Site. These documents must be provided to the Company in French or translated into French by an approved translator.
The Professional User undertakes to inform the Company, without delay and in writing, of any change relating to their status as a healthcare professional that impacts their access to Content specific to Professional Users. Any navigation on the reserved areas implies full acceptance of these T&Cs and applicable general terms and conditions of sale.
The Professional User undertakes to provide the Company with their registration with the professional body, their pharmacy opening license, and/or authorization from the competent local health authorities proving their status as an establishment allowing them to place orders for pharmaceutical products on this Site. These documents must be provided to the Company in French or translated into French by an approved translator.
The Professional User undertakes to inform the Company, without delay and in writing, of any change relating to their status as a healthcare professional that impacts their access to Content specific to Professional Users. Any navigation on the reserved areas implies full acceptance of these T&Cs and applicable general terms and conditions of sale.
3. Areas reserved for Professional Users :
Use of the Site by the Professional User is authorized for the subscribing healthcare professional themselves or their employees for whom they are responsible, to the exclusion of any Third Party, solely for internal use and for their professional needs.
Use of the Site by the Professional User is authorized for the subscribing healthcare professional themselves or their employees for whom they are responsible, to the exclusion of any Third Party, solely for internal use and for their professional needs.
a) Confidential codes and password :
The Site contains Content reserved exclusively for Professional Users, accessible using a confidential username and password and for certain services.
Professional Users wishing to access the Site must log in with their username, which is provided to them by the Company, and a confidential password that they will have defined during their first connection. If the password is lost or forgotten, the Professional User can automatically generate a new one via the Website. In the event of a risk of access to the Site by a third party, inform the Company to suspend access to the Site.
The Professional User undertakes not to disclose his/her username and password to a Third Party. These elements may not be transferred free of charge or for a fee.
The Company reserves the right to suspend access to the reserved areas at any time in the event of non-compliance by the Professional User with these Terms and Conditions.
The Site contains Content reserved exclusively for Professional Users, accessible using a confidential username and password and for certain services.
Professional Users wishing to access the Site must log in with their username, which is provided to them by the Company, and a confidential password that they will have defined during their first connection. If the password is lost or forgotten, the Professional User can automatically generate a new one via the Website. In the event of a risk of access to the Site by a third party, inform the Company to suspend access to the Site.
The Professional User undertakes not to disclose his/her username and password to a Third Party. These elements may not be transferred free of charge or for a fee.
The Company reserves the right to suspend access to the reserved areas at any time in the event of non-compliance by the Professional User with these Terms and Conditions.
b) Placing orders online :
The Professional User who has previously opened an account with the Company's establishment on which they are territorially dependent has the possibility of ordering products online to supply their establishment as well as services.
Any order placed online by the Professional User constitutes acceptance of the Company's General Terms and Conditions of Sale, which can be viewed on the Site.
ARTICLE 2 : INTELLECTUAL PROPERTY RIGHTS
This entire Site is subject to international legislation on copyright, trademark law, and, more generally, intellectual property, both with regard to its form (selection, layout, arrangement of materials, means of accessing data, database, in particular the Medipim database or any organization of data, etc.), and with regard to each of the elements of its Content (trademarks, texts, images, videos, etc.).
The Content appearing on the Site is and remains the exclusive property of the Company, subject to any rights of Third Parties with whom the Company may have itself acquired a right of use and distribution.
As such, no license, transfer of ownership, or any other right other than the right to consult the Site is granted to Users. Reproduction of any Content published on the Site is only authorized for the exclusive purposes of information for personal and private use. Any reproduction, extraction, or use of Content for other purposes is expressly prohibited.
Users acknowledge the Company's rights to the Content and undertake to strictly and scrupulously respect the intellectual property rights relating to the Content.
Users are prohibited from any infringement of these property rights and undertake, in particular, not to :
The Content appearing on the Site is and remains the exclusive property of the Company, subject to any rights of Third Parties with whom the Company may have itself acquired a right of use and distribution.
As such, no license, transfer of ownership, or any other right other than the right to consult the Site is granted to Users. Reproduction of any Content published on the Site is only authorized for the exclusive purposes of information for personal and private use. Any reproduction, extraction, or use of Content for other purposes is expressly prohibited.
Users acknowledge the Company's rights to the Content and undertake to strictly and scrupulously respect the intellectual property rights relating to the Content.
Users are prohibited from any infringement of these property rights and undertake, in particular, not to :
- Sublicense, broadcast, or distribute commercially, even free of charge, Content to a Third Party by any means whatsoever;
- Reproduce, modify, decompile, disassemble, translate, adapt, or arrange Content;
- Remove all or part of any copyright notices that may appear;
- Copy, extract, and/or reuse, by any computer means, all or part of any Content;
And generally speaking, Users are prohibited from making any use not expressly authorized by the Company.
Failure to comply with the aforementioned prohibitions may constitute an act of infringement, incurring the civil and criminal liability of the perpetrator before the competent courts.
Failure to comply with the aforementioned prohibitions may constitute an act of infringement, incurring the civil and criminal liability of the perpetrator before the competent courts.
ARTICLE 3 : RESPONSIBILITY
1. Limitation of Liability : The Company disclaims all liability for any inconvenience and/or damage that may result in any way whatsoever from the use of this Site or any other external Site to which the Company refers. The Company shall not be held liable under any circumstances for any indirect damage resulting from the use of the Site or the Content, including, in particular, any commercial or financial losses, loss of customers, loss of brand image, loss of profits, any commercial disruption, or any action emanating from Third Parties.
1.1 User Responsibility : The Professional User is solely responsible for the use of the identifiers assigned to them by the Company; therefore, any access to and use of their means of identification are strictly personal and must remain strictly confidential. Consequently, any access will be deemed to have been made by the User himself.
Users acknowledge being informed of the intrinsic characteristics of the Internet and, in particular, of the fact that the transmission and loading of data on the Internet only benefits from relative reliability, these circulating on heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and likely to impact the data accessibility times. The Company cannot therefore be held responsible for these difficulties when consulting the Content and for any network interruptions.
Users are solely responsible for the choice of computer equipment allowing them to access the Site. As viruses may circulate on the Internet, users take all necessary measures to protect their computer equipment (hardware, software) against these viruses and release the Company from any liability, particularly in the event of contamination of its system, loss of data or any damage that could result from connecting to the Site.
The Professional User, in his capacity as a professional, undertakes to verify and cross-check the data he consults. In the event that errors, mistakes, or malfunctions are noted by the Professional User and communicated by the latter to the Company, the Company undertakes to make its best efforts to correct them or have them corrected.
Users acknowledge being informed of the intrinsic characteristics of the Internet and, in particular, of the fact that the transmission and loading of data on the Internet only benefits from relative reliability, these circulating on heterogeneous networks, with diverse characteristics and capacities, which are sometimes saturated at certain times of the day and likely to impact the data accessibility times. The Company cannot therefore be held responsible for these difficulties when consulting the Content and for any network interruptions.
Users are solely responsible for the choice of computer equipment allowing them to access the Site. As viruses may circulate on the Internet, users take all necessary measures to protect their computer equipment (hardware, software) against these viruses and release the Company from any liability, particularly in the event of contamination of its system, loss of data or any damage that could result from connecting to the Site.
The Professional User, in his capacity as a professional, undertakes to verify and cross-check the data he consults. In the event that errors, mistakes, or malfunctions are noted by the Professional User and communicated by the latter to the Company, the Company undertakes to make its best efforts to correct them or have them corrected.
1.2 Liability in the event of Force Majeure :
The Company cannot be held liable in any way in the event of Force Majeure.
The Company cannot be held liable in any way in the event of Force Majeure.
1.3 Liability for Content, the Database, and Other Services :
The Company implements all means necessary for the User of the Site, the database or the services to have reliable, up-to-date, accurate data in accordance with current knowledge at the time of their dissemination. However, the Company does not guarantee the completeness of the Content, the data in the database, or the data provided as part of the services, nor the absence of errors or mistakes of any kind, or even a lack of updating.
The Company cannot be held responsible if the Content, the database, the data provided as part of a service and/or the functionalities of the associated software do not meet the specific needs of the Professional User. The information contained in the Content, the database and the data provided as part of the services is intended for professionals and is in no way intended to replace their judgment. It must be used by the Professional User who assesses it in a professional capacity and under his or her sole responsibility. The Professional User remains entirely responsible for any questions they may have, the use and interpretation of the information they consult, the results they obtain, and the advice and/or actions they deduce or take from it.
Consequently, the Professional User is prohibited from holding the Company liable for any dispute arising from the use of this information.
The Company implements all means necessary for the User of the Site, the database or the services to have reliable, up-to-date, accurate data in accordance with current knowledge at the time of their dissemination. However, the Company does not guarantee the completeness of the Content, the data in the database, or the data provided as part of the services, nor the absence of errors or mistakes of any kind, or even a lack of updating.
The Company cannot be held responsible if the Content, the database, the data provided as part of a service and/or the functionalities of the associated software do not meet the specific needs of the Professional User. The information contained in the Content, the database and the data provided as part of the services is intended for professionals and is in no way intended to replace their judgment. It must be used by the Professional User who assesses it in a professional capacity and under his or her sole responsibility. The Professional User remains entirely responsible for any questions they may have, the use and interpretation of the information they consult, the results they obtain, and the advice and/or actions they deduce or take from it.
Consequently, the Professional User is prohibited from holding the Company liable for any dispute arising from the use of this information.
ARTICLE 4: JURISDICTION
These Terms of Use are governed by the law of the Company's registered office. Any dispute regarding the validity, interpretation, or execution of these Terms of Use or the use of the Site shall be brought before the competent courts of OUAGADOUGOU.
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