Terms and Conditions of Use

These Terms and Conditions of Use are current as of 31 January 2022.

1. LEGAL NOTICES

1.1. The Internet site accessible at the following address: https://www.oxygenserv.com is published by the company OXYGENSERV, SAS, with a share capital of 3000 Euros, registered in the Paris Trade and Companies Register, under the number Paris B 892 864 687. Its registered office is located at the following address: 10 Rue de Penthièvre 75008 Paris.

1.2. The Company can be contacted by email at the following address: [email protected] or by telephone at the following number: +33 7 56 84 81 20

1.3. The Director of the publication is: Jean-Baptiste DEVIC.

1.4. The Site is hosted by Scaleway, whose registered office is located at 8 rue de la Ville l’Evêque, 75008 Paris and whose telephone number is +33 (0)1 84 13 00 00

1.5. The Company’s intra-community VAT number is as follows: FR86892864687.

2. ACCEPTANCE OF THE TERMS OF USE

2.1. The purpose of this document is to define the terms and conditions (hereinafter the “General Terms of Use” or “GTU”) under which the Company makes available to users (hereinafter the “Users”) the possibility of browsing and using the Site.

2.2. The use of the Site implies full and unreserved acceptance of these GTC.

3. USE OF THE SITE

3.1. Before using the Site, the User must ensure that he/she has the technical and computer resources to browse and use the Site. They must also ensure that the computer configuration of their hardware/equipment is in good working order and does not contain any virus.

3.2. The Company reserves the right to modify, edit, delete, validate or change, in whole or in part, any content (hereinafter the “Content(s)”) appearing on or displayed on the Site.

3.3. The Company may delete, change or modify the Site and/or the Content at any time.

4. OBLIGATIONS OF THE USER

4.1. By using the Site, Users agree:

• refrain from using the Site illegally, for any illegal purpose or in a manner inconsistent with these TOS;

• not to use the Site for the publication of abusive, defamatory, harassing, libellous, obscene, pornographic or threatening statements, and/or infringing on the privacy of others;

• not to sell, copy, reproduce, rent, lend, distribute, transfer or sub-license all or part of the elements, information and Contents appearing on the Site and/or to allow any third party to use or have access to the Site for any purpose whatsoever or to decompile, reverse engineer, disassemble, modify, display in a form readable by the User, attempt to discover any source code or to use any software activating or comprising all or part of the Site ;

• to respect other Users;

• not to collect and store personal data about other Users for any purpose;

• not to disseminate content that could constitute incitement to commit crimes or offences; provocation to discrimination, racial hatred, and more generally that could be contrary to the laws and regulations in force, to the present rules of use and to good morals and public order;

• not to disseminate information of an ideological, religious, political or ethnic nature;

• not to disseminate Content likely to endanger minors, in particular the dissemination of messages of a violent or pornographic nature;

• not to attempt to mislead other Users by usurping the name or pseudonym of other persons;

• not to post, email or otherwise transmit any material that infringes any patent, trademark, trade secret, intellectual property right or other proprietary right belonging to others;

• not to post, email or otherwise transmit any unsolicited or unauthorised advertising or promotional material (including “spam” or any other form of solicitation);

• not to misuse the Site by deliberately introducing viruses or any other malicious program and not to attempt to gain unauthorised access to the Site;

• not to denigrate the Site and/or the Company and/or other Users on social networks or any other means of communication.

4.2. If, for any reason, the Company considers that Users are in breach of these TOS, it may take any action including legal action against them.

5. ACCURACY AND TIMELINESS OF INFORMATION

5.1. Each User undertakes to ensure that all information, in particular that concerning him or her, which he or she provides is adequate, accurate, up-to-date and complete.

5.2. The User acknowledges that the Company does not have the material means to verify the veracity of all the information on the Site. The Company cannot therefore be held responsible in the event of identity theft, or if the information mentioned is false or misleading.

5.3. Nor does the Company guarantee the timeliness, lawfulness, probity or quality of the information transmitted by Users.

6. INTELLECTUAL PROPERTY

6.1. By accessing the Site, Users expressly acknowledge that the Site and the Content made available to Users, in particular images, photographs, designs, graphics, drawings, models, layouts, logos, trademarks, texts, etc., are the exclusive property of the Company and are protected by the French intellectual property code and by the applicable international treaties and agreements relating to the protection of intellectual property rights. As such, they may not be reproduced without the express authorisation of the Company, under penalty of civil and criminal legal proceedings.

6.2. The Company is the sole owner of all right, title and interest in and to the Site and the Content, including all intellectual property rights including, without limitation, all rights relating to copyrights, design rights, trademarks, trade names, company names, domain names, technology, know-how, processes, formulas, source codes and executable codes, data and similar rights, including information relating to any application, registration or renewal thereof that may be protected by the intellectual property laws, regulations or rules of any country.

6.3. The Company grants a non-exclusive licence to Users to use the Site and the Contents strictly in accordance with these GCU.

6.4. Any reproduction, representation, adaptation, exploitation, distribution, broadcasting, commercial use, translation, arrangement, transformation or any creation of derivative or composite works of all or part of the works and/or any other Content appearing on the Site on any medium whatsoever and by any process whatsoever, present or future, is expressly prohibited. These actions are likely to constitute acts of counterfeiting punishable under criminal and civil law, engaging the responsibility of their author.

6.5. The systematic and repeated extraction of information and Contents appearing on the Site is strictly prohibited and sanctioned under intellectual property law and the sui generis right of databases. Any illicit extraction may engage the civil and criminal liability of its author.

7. RESPONSIBILITY

7.1. The Company declines all responsibility for any damage resulting from fraudulent intrusion by a third party, outside its control, leading to a modification or alteration of the information/Content appearing on the Site or having caused prejudice to any User of this Site; and more generally for any damage, whatever the causes, origins, nature or consequences, caused as a result of anyone’s access to the Site or the impossibility of accessing it, outside its control.

7.2. The Company cannot be held responsible for any technical problems or failures related to telephone networks, online computer systems, servers, Internet providers, computer equipment and/or software of the Users.

8. LINKS

8.1. The hypertext links established on the Site to other Internet sites or other Internet sources or content (hereinafter the “External Sources”) shall not incur the responsibility of the Company.

8.2. Insofar as the Company cannot control these External Sources, the User acknowledges that the Company cannot be held responsible for the availability of these External Sources, and cannot bear any responsibility for the content, advertising, products, services or any other material available on or from these External Sources.

9. INFORMATION ON REGISTERED TRADEMARKS

9.1. “OXYGENSERV” and all other trademarks and logos of the Company are trademarks protected by French intellectual property law (hereinafter collectively referred to as the “Trademarks”). Unless expressly authorised in writing by the Company, the User undertakes not to use or distribute the Trademarks in any way whatsoever.

10. PROTECTION OF PERSONAL DATA

10.1. The provisions relating to the protection of personal data are set out in the Privacy Policy accessible on the Site.

11. APPLICABLE LAW AND JURISDICTION

11.1. These TOU are governed by and construed in accordance with French law, without regard to principles of conflict of laws.

11.2. In the event of a dispute arising from the interpretation and/or execution of these Terms and Conditions or in connection with these Terms and Conditions, the competent courts shall be those designated in the Code of Civil Procedure.