Ora-Visio is a web platform, accessible at ora-visio.com (the “Site”) operated by ORA, a French limited liability company (SARL) with capital of 5,000 euros, whose registered office is located at 82, vielle route de la Gavotte, Les Pennes-Mirabeau (13170), France, registered with the Aix-en-Provence Trade and Companies Register under number 515 375 400, and whose intra-Community VAT number is FR47515375400 (the “Company”). The platform is dedicated to connecting Clients with Providers. Through the Site, Clients may thus book Appointments offered by Providers.

The purpose of these General Terms of Use (the “Terms”, or taken together, the “Agreement”) is to define the terms and conditions governing relations between Users of the Site and the Company. These Terms constitute a contractual agreement for an indefinite period from the User’s acceptance of this Agreement.
Each time the User visits the Site and all platforms and/or software made available for holding Appointments, they undertake to comply with all of these Terms without reservation. Accordingly, the User acknowledges having read the Terms and agrees to be bound by these provisions. If the User accesses the Site on behalf of a company or any other legal entity, they are nonetheless personally bound by this Agreement.

PRELIMINARY ARTICLE – DEFINITIONS AND RULES OF INTERPRETATION

0.1. Definitions

Unless defined elsewhere in this Agreement, the capitalised terms and expressions used below have the following meaning:

“Client” means any User meeting the eligibility conditions set out in article 1.1 and wishing to book an Appointment on the Site;
“Term(s)” has the meaning given to it in the preamble above;
“Agreement” has the meaning given to it in the preamble above;
“Provider” means any professional User, within the meaning of consumer law, offering their services on the Site in the form of Appointments;
“Appointment” means the service provided by a Provider, booked on the Site by the Client and carried out by the relevant Provider via the platform and/or software made available on the Site;
“Service(s)” means the service(s) offered by the Company on the Site as referred to in article 2;
“Site” has the meaning given to it in the preamble above;
“Company” has the meaning given to it in the preamble above; and
“User” means any natural or legal person using the Site, including in particular any Provider or Client.

0.2. Rules of interpretation

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

(a) the headings of the articles and appendices are included for convenience and shall in no way affect the interpretation of any provision of this Agreement;

(b) the use of the expressions “including”, “in particular” or “notably” implies that the list that follows is not limiting or exhaustive;

(d) the definition given 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) time periods expressed in days, months or years shall be calculated in accordance with articles 640 to 642 of the French Code of Civil Procedure;

(f) any reference to a party includes a reference to its heirs, successors and assigns; and

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

ARTICLE 1 – REGISTERING ON THE SITE

1.1. Eligibility for the Service

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. Furthermore, the User must use the Services solely as a consumer within the meaning of consumer law, to the exclusion of any professional use.

1.2. Creating an account

Creating a member account on the Site is a mandatory prerequisite for purchasing a service on the Site. This involves completing the registration form available on the Site, providing accurate, up-to-date and complete information. This information must subsequently be updated regularly by the User to keep it accurate.
The User must choose a username consisting of a valid email address and a password, and must provide the following information: their first and last name, email address and home address.
The access codes to the User’s account, including those giving access to the platforms and software required for holding Appointments, are strictly confidential. In the event of unauthorised use of their account or any breach of the confidentiality and security of their identification credentials, the User must inform the Company without delay.
Each User undertakes to create only one account corresponding to their profile.

ARTICLE 2 – HOW THE SITE WORKS

Creating an account provides access to the following services in particular (the “Service(s)”):

creating and updating a User profile; and
booking Appointments.

2.1. Booking Appointments

The terms for booking Appointments on the Site are set out here. Any booking by a User implies acceptance of these general terms.
An Appointment must be booked by the Client directly and exclusively on the Site. The Client shall not book any service from a Provider or make any payment outside the Site without the Company’s prior, unambiguous consent.
It implies entering into a service agreement between the Provider and the Client, governed by the general Service terms available here. The Company only plays a technical role in the Client’s booking process.
In the event of an emergency or psychological distress, the User must contact the emergency services and the nearest hospital.

2.2. Provider ranking arrangements

On the Site, the User can view the profiles presenting the Providers.
Providers are ranked according to the filters available on the Site and the choices expressed by the User on the Site.
They are then ranked randomly

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

Providers have a contractual relationship, established by a partnership agreement with the Company, but have no equity ties with it. This contractual relationship provides for payment to the Company in the event of an Appointment being booked on the Site.
The ranking and presentation of Providers are independent of the terms and conditions of the Company’s remuneration. The Company’s remuneration therefore has no impact whatsoever on the ranking of Providers.
Providers may be delisted from the Site in the event of a breach of all or part of these General Terms, the partnership agreement, or serious complaints raised by one or more Users.

2.4. Details of price components and guarantees

Appointment offers on the Site display the price set by the Provider and the general purpose of the Appointment. The Company ensures price control, which will be the same for the same service.
The Company provides Users with a guarantee as to the seriousness of Providers, their skills, and the validity of their qualifications.
The User is informed that bookings do not give rise to any reimbursement by French Social Security. For any reimbursement by supplementary health insurance, the User must obtain information directly and at their own expense from their insurer. No guarantee of reimbursement by supplementary health insurance is granted.

2.5. Technical booking arrangements

Should a Client wish to book an Appointment, payment of the price shown on the Site is made by bank card. The Company uses the secure payment service provided by STRIPE, whose general terms are available at the following link: Stripe Services Agreement – General Terms
The Company does not have access to confidential banking data (the 16-digit card number, expiry date and CVV code), which is transmitted directly, encrypted, to the bank’s server.
The Client is bound by their booking as soon as they click “Pay”.
The recipient of the payment is the Provider, after deduction of the Company’s service fees and any bank charges.
Automatic recording systems shall be considered as proof of the nature, content and date of the booking.
The Client will receive confirmation of their payment by a message sent to the email address they have provided.
The Company reserves the right to refuse or cancel any Client booking, in particular in the event of the Client’s insolvency, non-payment of the relevant booking, or a dispute relating to payment of a previous order.
The information provided by the Client when entering details related to their booking is binding on the Client. The Company cannot be held liable for errors made by Clients in filling in the fields required to place an order (for example, the 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 together with their other income. In this regard, the Company provides its Users, in January of each year and upon request, with a document summarising the gross amount of transactions it is aware of that they received through it during the previous year.
For more information on their tax and social security obligations, Users can 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 their civil, tax and social security obligations is inaccurate or insufficient, until they bring themselves into compliance with these obligations within 24 hours.
Failing this, the Company reserves the right to delete said User’s account.

2.7. Non-circumvention

The User who has requested to be put in contact with a Provider through the Company undertakes, from the moment the Company sends the Provider’s company name and/or contact details for the purpose of the introduction, and for a period of twelve (12) months from the termination or cessation, for any reason whatsoever, of any agreement entered into between the Provider and the User concerned, not to enter into direct or indirect contact, by any means whatsoever, with the Provider(s) introduced. Should the User breach this provision, the User who requested the introduction shall be liable to pay the Company compensation equal to 5,000 euros inclusive of all taxes, it being specified that this compensation is not discharging and does not constitute a fixed compensation for the damage suffered by the Company.

2.8. Messaging service

On the Site, an instant messaging service is made available to Providers to enable them to communicate with Users.
Users undertake to communicate with Providers only via this internal messaging service, to the exclusion of any other means of communication other than those offered on the Site.
The Company cannot be held liable for exchanges on the Site. Each User undertakes not to enter content likely to breach public order or morality, provoke objections from third parties, or otherwise contravene applicable legal provisions. The Company reserves the right, at its sole discretion, to moderate or not to publish any message communicated by a User.

ARTICLE 3 – USE OF THE SITE

3.1 Right of access to the Site

Under these Terms, the Company grants Users a limited, revocable, non-exclusive, non-transferable right of access to the Services and the Site, for strictly personal use. Any use of the Site contrary to its purpose is strictly prohibited and constitutes a breach of these provisions.
Using the Site requires an internet connection and browser. To ensure the Site works properly, it is specified that the Site is optimised for:
– a screen resolution of 1200x768px;
– the latest versions of the Internet Explorer, Chrome, Firefox and Safari browsers.
All hardware and software required to access the Site and use the Services remain the sole responsibility of the User.
The Company reserves the right, at its discretion, to suspend, modify, replace, refuse access to, or delete User accounts.

3.2 User obligations

Users shall not:

transmit, publish, distribute, save or destroy any material, in particular Site content, in violation of applicable laws or regulations concerning the collection, processing or transfer of personal information;
create fictitious profiles;
provide inaccurate information in the form or fail to update it regularly;
disseminate defamatory, abusive, obscene, offensive or violent data, information or content, or content inciting violence, or of a political, racist or xenophobic nature, and more generally any content contrary to applicable laws and regulations or public morality;
reference or create links to any content or information available on the Company’s sites, except with the Company’s prior, express, written consent;
obtain passwords or personal identification data from other Users;
use information, content or any data present on the Site to offer a service considered, at the Company’s sole discretion, to be competitive with the Company;
sell, exchange or monetise information, content or any data present on the Site or service offered by the Site, without the Company’s express written consent;
carry out reverse engineering, decompile, disassemble, decrypt or otherwise attempt to obtain the source code relating to any underlying intellectual property used to provide all or part of the Services;
use manual or automated software or devices, coding robots or other means to access, crawl, extract or index any page of the Site;
endanger or attempt to endanger the security of any of the Company’s websites. This includes attempts to control, scan or test the vulnerability of a system or network, or to breach security or authentication measures without prior express authorisation;
counterfeit or use the products, logos, trademarks or any other element protected by the Company’s intellectual property rights;
simulate the appearance or functioning of the Site, for example by mirroring it;
directly or indirectly disrupt or disturb the Company or the Services, place a disproportionate burden 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 and criminal proceedings. The Company checks for the absence of such violations and may call on the judicial authorities to prosecute, where applicable, Users who have taken part in such violations.
Users undertake to use the Site fairly, in accordance with its purpose and with applicable legal and regulatory provisions, these Terms, and current practice.
It is recalled that all the provisions of this article 3 apply to the use of the platforms and software made available, among other things, for the purposes of Appointments.
It is specified that the Company reserves the right to publish, not publish, or delete, in whole or in part, any review or comment made by a User on the Site.

ARTICLE 4 – USE OF SITE CONTENT

All content on the Site, platforms and software made available, in particular designs, text, graphics, images, videos, information, logos, button icons, software, audio files and other material, belongs to the Company or its partners.
Any partial or total representation and/or reproduction and/or use of the content and services offered by the Company, by any means whatsoever, without the Company’s prior written authorisation, is strictly prohibited and may give rise to legal proceedings.

ARTICLE 5 – PERSONAL DATA

5.1 Data collected

To enable every User to make full use of the Services and features of the Site, the Company collects various data. It is recalled that by registering on the Site, the User expressly agrees to this data being collected, regardless of the country from which they connect.
This data is collected at different times and through various methods:

When registering on the Site (first booking on the Site): first name, last name, email address, phone number, postal address;
Log files and internet protocol (IP) address: Each time the User connects to the Site, the Company receives the link of the site from which the User arrived and the one they go to when leaving the Site. The Company also receives the User’s internet protocol (IP) address, as well as certain information about their computer’s operating system or internet browser;
Cookies: The Company uses cookies, which can be defined as text files that may be stored on a device when an online service is accessed using browser software. A cookie file allows its issuer, for a validity period not exceeding 13 months, to recognise the device concerned each time that device accesses digital content containing cookies from the same issuer. It is nevertheless possible to disable the use of cookies by changing the User’s preferences in their internet browser. In this case, some features of the Site may no longer work.

5.2. Retention of data collected

Personal data is stored by the Company on its servers, for processing in connection with the use of the Services. It is retained for as long as necessary to provide the Services and features offered by the Site. Accordingly, for as long as a User has a member account, the data collected will be retained. If a User unsubscribes from the Site, the data collected will be deleted by the Company and only retained as an archive for the purpose of establishing 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 for books and documents created in connection with commercial activities.
The User always remains the owner of the information concerning them that they transmit to the Company. In accordance with French Law No. 78-17 of 6 January 1978 as amended by Law No. 2004-801 of 6 August 2004, they have the right to access, rectify and delete personal data concerning them, as well as the right to object to this data being disclosed to third parties for legitimate reasons.
The User may exercise their rights by writing to the following email address: contact@ora-visio.fr or to the following postal address: ORA – 82, vielle route de la Gavotte, Les Pennes-Mirabeau (13170), France.
A response to the User’s request will be sent within 30 days.

5.3. Purposes of the data collection

Personal data is collected from Users in order to (i) enable the User to make full use of the Services and features offered by the Site, (ii) prevent fraud, and (iii) for statistical purposes.
This data may be disclosed by the Company to the relevant Provider, or to any third party responsible for the performance, processing and management of the Services.
However, in various circumstances, the Company may disclose or share a User’s personal data with other third parties, including:

with the User’s consent;
to comply with the law, applicable regulations, any legal proceedings, court decisions or any other case of mandatory disclosure; 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 the technical provision of the Services to Users.
The User is solely responsible for the consequences of using the Site.
The User must ensure that their use of the Site complies with legal and regulatory provisions as well as the General Terms. The Company gives no guarantee to the User as to the compliance of their use of the Site, whether actual or planned, with national or international legal and regulatory provisions.
The User is warned of the technical hazards and access interruptions that may occur on the Site. Accordingly, the Company cannot be held liable for unavailability or slowdowns of the Services.
All information, advice and guides, and any other data displayed on the Site, are not intended to constitute advice on the basis of which the User could make a decision.
Accordingly, the User must under no circumstances take such information and data on the Site for granted, and must independently verify all such information and data themselves. The Company therefore cannot be held liable for the consequences of using the data and information displayed on the Site.

6.2. Terms of transactions carried out via the Site

The Company only plays a technical role in connecting Providers and Clients. The Company gives no guarantee whatsoever as to the reliability and seriousness of Providers.
Accordingly, Users are required to organise between themselves the legal and financial terms, in particular, of their relationship, for which they will be solely responsible. They must therefore ensure compliance with legal and regulatory requirements.
Furthermore, the Company cannot under any circumstances be held liable, in particular:

for the consequences of virtual or in-person meetings between Users resulting from use of the Site;
for the conditions under which Appointments are carried out;
for the quality, legality and compliance of Appointments;
for the breach by the Provider or Client of their legal, regulatory or contractual obligations;
for damage of any kind suffered by the Client or any third party, including bodily injury, resulting from an Appointment; and
for any damage resulting from a User’s fault or an event attributable to a third party or a case of force majeure.

For all Services offered on the Site, the Company cannot under any circumstances be considered as the party performing the Appointments or as guarantor of the Providers, the Company’s role being limited to technically facilitating meetings between Clients and Providers. More generally, the Company remains a third party to 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. Data

The Company has no general obligation to monitor data and content provided by Providers, Clients and other Users, nor any obligation to remove content that does not appear to be manifestly unlawful, notwithstanding any report thereof.
The User undertakes not to enter content likely to breach public order or morality, provoke objections from third parties, or otherwise contravene applicable legal provisions.
Accordingly, it is expressly agreed that should the Company be held liable, on any grounds whatsoever, in any country whatsoever, by a third party, in particular on the basis of an industrial and/or intellectual property right relating to an element provided by a User, that User undertakes to fully indemnify the Company against the direct and/or indirect economic and financial consequences (including procedural and defence costs) arising from such claims.
It is recalled that data published by Users and information shared by them may be captured and used by other Users or third parties. In this respect, the Company does not guarantee that ownership of this data will be respected; it is the User’s responsibility to take all necessary steps to preserve ownership of their data.
The User must ensure that data is sent to the Site and may not hold the Company liable, on any grounds or basis whatsoever, for the non-receipt or loss of data transmitted. The User must therefore keep a backup of the data transmitted. Furthermore, once a User’s member account has been closed, that User is informed, by way of these Terms, that the data transmitted and all data generated will be destroyed by the Company.

6.4. General provisions

In any event, the Company cannot under any circumstances be held liable for indirect or unforeseeable losses or damages suffered by Users or third parties, including in particular any loss of profit, inaccuracy or corruption of files or data, or loss of opportunity linked, on any basis or grounds whatsoever, to this Agreement.
The Company cannot be held liable for any delay or failure to perform this Agreement justified by a case of force majeure, as defined by the case law of French courts and tribunals.

ARTICLE 7 – TERMINATION

The User may terminate this Agreement at any time by going to the Site and following the procedure provided for this purpose. It is recalled that once a User’s member account has been closed, the data transmitted and all data generated will be destroyed by the Company.
The Company reserves the right to restrict, suspend or delete, without notice or refund, the account of any User who misuses or inappropriately uses the Services. The assessment of the User’s conduct is at the Company’s sole discretion.

ARTICLE 8 – EVIDENCE AGREEMENT

Computer systems and files shall be deemed authentic in the relationship between the Company and the User.
Accordingly, the Company may validly produce, for evidentiary purposes in any proceedings, data, files, programs, records or other elements received, issued or retained by means of the computer systems operated by the Company, on any digital or analogue media, and rely on them, except in the case of manifest error.

ARTICLE 9 – MISCELLANEOUS PROVISIONS

9.1. Severability of the Agreement
The fact that any provision of the Agreement is or becomes illegal or unenforceable shall in no way affect the validity or enforceability of the other provisions of the Agreement.
9.2. Amendment of the Agreement
The Company reserves the right to modify, supplement or replace these Terms. Should the User refuse the new provisions, it is recalled that the User may, at any time, in accordance with article 7 (Termination), terminate this Agreement.

ARTICLE 10 – DISPUTE RESOLUTION

The conclusion, interpretation and validity of this Agreement are governed by French law, regardless of the User’s country of origin or the country from which the User accesses the Site, and notwithstanding conflict of law principles.
Should a dispute concerning the validity, performance or interpretation of this Agreement be brought before the civil courts, it shall be subject to the exclusive jurisdiction of the French courts, to which jurisdiction is expressly granted, even in the case of summary proceedings or multiple defendants.
The Client is informed that they may, in any event, resort to conventional mediation or any alternative dispute resolution method (such as conciliation) in the event of a dispute.
Pursuant to article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of 21 May 2013, the Client is informed that they may consult the following page for more 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.

***

LEGAL NOTICE

ORA
French limited liability company (SARL) with capital of €5,000
Registered office: 82, vielle route de la Gavotte, Les Pennes-Mirabeau (13170), France
Phone line: +33 1 86 98 23 41
515 375 400 R.C.S Aix-en-Provence
Publication director: Jonathan Guez

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

***