“Direct Endodontics” or “we” or “Directendo.com” or “Company” means Direct Endodontics S.A.S company under incorporation in progress at the RCS of Paris.
Such Company will have Dr. Charles J. Goodis as President and will have its headquarters at 91, Rue du faubourg Saint-Honoré 75008 PARIS.
The purpose of these General Terms and Conditions of Use hereinafter referred to as "GTCU" is to provide a legal framework for the conditions of use of the Website https://www.directendo.com/ including its linked services (such as digital newsletters) hereinafter referred to as "Website" and the services provided by Direct Endodontics S.A.S and to define the conditions of access and use of the services as a User as defined below.
The hereby GTCU are available on the Website in the "GTCU" section and also at each connection on the Website. No access is allowed without its formal acceptance.
The hereby GTCU applies to the use of the Website https://www.directendo.com/ which is limited to healthcare professionals.
Prior January 2nd, 2023 (“Launch date”) no order shall be placed on the Website and all Products listed is not an Offer for sale by Direct Endodontics.
All content of the Website or brochures are for information only of the future offer for sale that will start on Launch Date and therefore shall not be considered by users as a commercial offer. Only after Launch date, and according to terms and conditions proposed at this date, Direct Endodontics will be contractually bound regarding the use of the Website.
DEFINITIONS
“Healthcare professionals” means a person practicing under a valid professional license with specialized expertise and recognized knowledge in the dentistry sector as well as the use of medical services and related tools.
“User(s)” means a Healthcare professional(s) or someone acting on its behalf that browses the Website without opening a Customer Account.
“User Customer Account” means a Healthcare professional(s) or someone acting on its behalf that opens a Customer Account but does not make any order on the Website.
“Customer” means a Healthcare professional(s) or someone acting on its behalf that opened a Customer Account and make an order on the Website.
ARTICLE 1 - LEGAL NOTICES
The content of this Website is provided by the Editor:
DIRECT ENDODONTICS S.A.S (Creation in progress)
Capital of 10 000€ (Dix mille euros)
Head Office: 91 rue du Faubourg
95008 PARIS
REPRESENTED BY:
Dr. Charles J. Goodis
President
ARTICLE 2 - ACCESS TO THE WEBSITE
The Website is intended for Healthcare professionals or persons acting on its behalf (assistant, secretary…etc.).
Direct Endodontics at all times requests consent by Users of the Website to the terms that they are Healthcare Professionals. No access is possible without such consent or without having provided evidence of such status.
Any wrong declaration is under User sole liability. Direct Endodontics may initiate any legal or administrative procedure against such person, natural or entity, and may seek indemnification. Direct Endodontics will have all rights to exclude such person from its Website.
The opening of the Customer Account through the Website is a pre-requisite for Users to place orders on the Website.
Prior to the creation of the Customer Account, Direct Endodontics carries out a legal compliance check to authorize access to and the use of the Website. It is understood that Direct Endodontics may refuse to open the account at its option and without any justification.
This compliance checking is carried out regarding the data provided by the potential User Customer Account under his sole responsibility. The data processed by Direct Endodontics includes the User's professional license if any, his phone number, and his professional email. The information required above is not exhaustive and Direct Endodontics has all rights to request any additional information strictly necessary to validate the opening of the Customer Account.
After the compliance checking, Direct Endodontics provides to the User with a "Direct Endodontics Customer Code" allowing the User to activate his Customer Account. This Direct Endodontics Customer Code shall remain at all times confidential to this User and under its responsibility. It must not be communicated to third parties.
In the absence of a Customer Account, no order shall be placed.
Direct Endodontics has all rights at its own discretion to delete, at any time and without prior notice, the Customer Account of a User as soon as the aforementioned criteria are no longer met. The User has no right to claim any compensation or indemnification.
ARTICLE 3 - WEBSITE ADMINISTRATION
For the good administration of the Website, the Editor may at any time:
• suspend, interrupt or limit access to all or part of the Website, reserve access to the Website, or to certain parts of the Website, to a specific category of users,
• delete any information that may interfere with the operation of the Website,
• modify any information in contradiction with national or international laws affecting the Website,
• suspend the Website in order to make updates or changes.
ARTICLE 4 - DATA COLLECTION
The rights regarding personal data that may be exercised by Users, User Customer Account and Customer are listed in the Privacy Policy in "Article 3 – Right of access, rectification, and deletion of your data and security obligation ".
As a company incorporated under French law, the Website provides the User with a collection and processing of personal information in compliance with privacy under French Law No. 78-17 of January 6th, 1978, dite “Loi informatique, fichiers et libertés”, and Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free transfer of such data (hereafter referred to as the “GDPR”), and also the Swiss Federal Law on Data Protection of June 19th, 1992 and the UK Data Protection Act 2018, the Editor, in its capacity as data controller, guarantees privacy for the Users of the Website.
Regarding the “Loi informatique, fichiers et libertés” (Data Privacy Act), the GDPR, Swiss Federal Law on Data Protection, and UK Data Protection Act 2018, the User has the right to exercise its rights to access, rectify, erase, object to or limit the processing of its personal data.
ARTICLE 5 – INTELLECTUAL PROPERTY
Trademarks, logos, signs, as well as all the contents of the Website (texts, photos, graphics... etc.), are protected by intellectual property rights held by Direct Endodontics or, any third-party named as holders, in compliance with Intellectual Property laws.
Consequently, none of this information may be reproduced, modified, redistributed, translated, commercially exploited, or reused in any way whatsoever without the prior written consent of Direct Endodontics or the respective owners.
ARTICLE 6 – HYPERTEXT LINKS
Hypertext links may be present on the Website. The User is informed that by clicking on these links, he will leave the Website and therefore the editorial content under the responsibility of the Editor Direct Endodontics.
The Editor is not responsible for the consequences related to hypertext links. Therefore, by accessing another Website through a hypertext link, the User is solely responsible for the consequences that may happen.
ARTICLE 7 – RESPONSIBILITIES
The User of the Website acknowledges that he/she has verified that any electronic devices such as computers, laptops, smartphones, pads… configuration he is using do not contain any virus and that it is therefore in perfect working order.
It is reminded that the secrecy of correspondence is not guaranteed on the web and that it is up to each Internet user to take all appropriate measures to protect their own data and/or software from contamination by any virus circulating on the Internet. Direct Endodontics shall not be held liable for any damage, direct or indirect, that may arise from the access, use, or downloading of content via the Website, including, damage or virus that could infect the User's electronic devices such as computers, laptops, smartphones, pads or any other equipment.
Direct Endodontics will make its best efforts to ensure access to the Website 24 hours a day, 7 days a week, except in case of force majeure (natural disaster, fire, flood, etc.) or an event beyond its control, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Website and services.
Direct Endodontics may be required to interrupt the Website or part of the services, at any time without prior notice. The User acknowledges and accepts that Direct Endodontics shall not have to inform the User and so shall not be responsible for interruptions, and the consequences that may result for the User or any third party.
Direct Endodontics shall not guarantee the availability of the Website and/or services, the reliability of transmissions, and performance in terms of response time or quality.
The Editor cannot be held responsible in case of legal proceedings of the User:
• due to the use of the Website or any service accessible via Internet;
• because of the non-respect of the present conditions.
The Editor cannot be held responsible for any damage caused to you, to third parties, or to your equipment as a result of your connection to or use of the Website, and you waive any action against him as a result.
ARTICLE 8 - PROOF
The records of the Website's IT systems are kept on a faithful, durable, and secure backing by the Editor including the integrity of the information, identical to that introduced into the system verifiable by a Blockchain technology. The digital proof in compliance with the applicable regulations. In the event of a dispute, the data in these registers will prevail, including proof of submission of registration or subscription form to products or services, downloading content, publishing content, exchange of e-mails, etc. The Parties acknowledge and agree that, in their relations and in the event of a dispute between them, evidence of the allegations of either Party shall be made by any means. This includes, but is not limited to, electronic evidence including by a Blockchain technology.
ARTICLE 9 – MODIFICATION OF THE GENERAL TERMS AND CONDITIONS OF USE
Direct Endodontics shall have all rights to modify, at any time and without prior notice, the GTCU in order to adapt them to changes on the Website and/or its use and/or Direct Endodontics decisions.
ARTICLE 10 – APPLICABLE LAW AND CONTACT
The hereby General Terms and Conditions of Use are governed by French laws.
Any dispute shall be subject to the courts of Paris, France, except if there is a specific attribution of jurisdiction resulting from a public law or specific regulation.
For any information about the content published on the Website, you can write to us via: dataprivacy@directendo.com