PUBLISHER

PIERRE FABRE S.A., a public limited company with capital of €272,367.035, whose registered address is 12 avenue Hoche 75008 PARIS, France, registered with the Paris Trade and Companies Register under SIREN number 662 006 170,

Telephone: 33(0)1 49 10 80 00.

PUBLICATION DIRECTOR

Pierre Fabre SA

WEBMASTER

SMILE
Simplified joint-stock company with a capital of €814,314.88
20 Rue des Jardins 
92600 Asnières-sur-Seine
RCS Nanterre 378 615 363

HOST

PLATFORM.SH Simplified joint-stock company with capital of €510,747.00
131 Boulevard de Sébastopol
75002 Paris, France
RCS (Commercial Registry No.) Paris B 521 496 059
Email: customercare@platform.sh; Telephone: +33 (0) 1 40 09 30 00

GENERAL TERMS AND CONDITIONS OF USE OF THE WEBSITE 
ONCOGUIDE.COM

ARTICLE 1 - PURPOSE OF THE GENERAL TERMS AND CONDITIONS OF USE  

The purpose of these present general terms and conditions of use (hereinafter the “ T&Cs ”) is to define the conditions for the use and access of the website ONCOGUIDE.COM (hereinafter the “ Website ”) belonging to PIERRE FABRE SA (hereinafter “ PFSA ”) which users (hereinafter the “ Users ”) accept simply by consulting it. If Users do not accept, PFSA requests that they leave the Website. The T&Cs are subject to French law and may be amended at any time, without notice. The Website is to be used and consulted solely for personal, non-commercial purposes. In general, the User is prohibited from using all or part of the Website for illicit purposes (copyright) or contrary to these T&Cs. By consulting the Website, the User agrees to comply with the T&Cs as they are displayed on the date of consultation. The T&Cs apply to any User that visits the Website. 

ARTICLE 2 - DESCRIPTION OF SERVICE 

The Website has been created to provide Users, healthcare professionals (Pharmacien hospitalier, Head Pharmacist, Assistant Pharmacist, Pharmacy Dispenser, Student) with a free Website dedicated to the pharmacist’s assistance to patients with cancer in the pharmacy, offering them training, medical information and interaction in order to:

• Consult articles on assisting patients with cancer
• Participate in training

Hereinafter the “ Service(s) ”.

The Website is entirely financed by PFSA. The Website does not constitute a contractual offer and does not welcome any form of advertising.

In so far as the Website is kept up to date, taking into account all activities, it could happen that certain new information, Services or announcements are no longer valid at the time of their distribution or that they are quite simply outdated. Although it takes every necessary measure, PFSA is unable to guarantee that the information and Services provided on the Website are completely up to date. PFSA does not guarantee the accuracy and exhaustiveness of the information or Services contained on the Website. PFSA will make all corresponding rectifications. In addition, the information and Services provided may have been updated between the time the Users viewed them and the time the Users became aware of them. PFSA therefore does not in any way guarantee that this information or these Services are accurate, exhaustive and up to date. The Website may in no case be considered as providing online consultations. The Services provided on the Website are aimed at supporting the pharmacist in their mission of assisting patients with cancer. Use of the Website is the sole and entire responsibility of the User. PFSA shall not be held responsible for any results obtained following the use of the Website. In particular, the User has been informed that the Website is not intended to substitute medical advice. Unless otherwise expressly provided, any new characteristic which improves or increases one or more existing Service(s) or any new service launched by PFSA shall be subject to the T&Cs. Users accept that the Service is provided to them " as is ". Users agree to use the Website in accordance with the purposes described in the T&Cs, not to divert from the purpose of the Website and not to attempt to divert Users to another service.

ARTICLE 3 - EDITORIAL POLICY

The entirety of the scientific content on the Website is drafted by experts in their field or specialised editors.

Users are informed that all information, data, texts, software, advice, photographs, images, videos, advice sheets, messages or any other material on the Website (hereinafter the “ Content ”) is solely the responsibility of the person issuing that Content.

ARTICLE 4 – TERMS OF ACCESS OF THE WEBSITE 

4.1. CREATION AND DELETION OF A USER ACCOUNT 

The Website is accessible online by connecting to the following address: http://www.ONCOGUIDE.com. To access the Website, the User must have the hardware and software required to use the internet. To access the Website on a computer, tablet, mobile phone (hereinafter referred to as the “ Device”) ), the User must have appropriate high-speed internet access, a broadband or data subscription allowing access to the internet from a computer/tablet/compatible mobile phone such as: a smartphone (IOS, Android), WAP connection, Wi-Fi and/or 3G/4G. The User acknowledges that the conditions of the contract with their internet/mobile operator will continue to apply when using the Website. The User alone will assume all costs that may be claimed by the operator related to accessing internet connection services, Wi-Fi, WAP and/or 3G/4G, for the use of the Website. The User shall refrain, when using the Website, from hindering or disrupting the proper functioning of the Website, servers or networks and/or from modifying, adapting or hacking the Website and/or modifying an application or a third-party site in such a way as to cause confusion as to the link with the Website. The User is aware of the constraints and limits of internet and telecommunications networks and therefore undertakes to:

• Protect their Equipment against any form of virus, attempted intrusion, unauthorised access and/or use by third parties;
• Ensure the conditions of installation, operation and maintenance of their Equipment necessary for the proper functioning of the Website.

In order to obtain access to the Site, registration and the creation of an account (hereinafter the “ User Account ”) are required. Each User is authorised to hold only one (1) User Account. In order to create an Account, the User must connect to the Website and fill in the required identification data via the form provided for this purpose: job title, full name, email, password, country. At the bottom of the contact form, the user must certify that he/she is a health professional (via a checkbox).

Pierre Fabre customer number (optional), full name, email, password, name of the pharmacy, job title, postcode. The User is solely responsible for the accuracy, coherence and exhaustiveness of the information provided on their User Account. By using the Service, Users agree to:

• Provide true, accurate, up to date and complete information about themselves (this information hereinafter called the “ Registration Data ”)
• And keep this Registration Data up to date so as to keep it true, accurate and complete. In the event that the Registration Data is false, inaccurate, out of date or incomplete, PFSA shall be entitled to suspend or terminate the User Account and to immediately and for the future refuse the User access to all or part of the Service.

At the end of the registration process, the User will receive a confirmation email. The User shall open the message and follow the instructions to complete their registration. At the end of registration, the User will obtain a password via email, allowing them to participate in various Services on the Website. The User is solely responsible for the use, conservation and protection of their access code. The User acknowledges that they are responsible for the confidential and personal nature of the login and password associated with their User Account. 

In this regard, the User accepts sole responsibility with regard to PFSA for all actions taken from their User Account and the protection of their password.

In addition, the User generally undertakes to take all useful and relevant precautions, particularly in terms of security of access to their Equipment so that the aforementioned data is not accessible to unauthorised third parties. PFSA shall in no case be responsible for access by third party Equipment to the data entered on the Website. Access codes must be kept safe by the User and must not be communicated to or shared with third parties. As such, any connection or transmission of data using a User’s password shall be deemed to have been done by the latter. PFSA shall in no case be responsible for the loss of this password. In case of loss, theft or usurpation of their password and/or User Account, the User undertakes to immediately inform PFSA at the address provided at the top of these T&Cs or by email to the following address: contact.oncoguide@pierre-fabre.com. It is not possible for multiple User Accounts to use the same email address. Only the User and the Website Administrators may access the User Account. The User may request the deletion of their User Account as well as any of their data, at any time, without reason, by simple email to the following address: contact.oncoguide@pierre-fabre.com or by letter to the address provided at the top of these T&Cs. PFSA may cease a User’s use of the Website subject to notice of one (1) month. PFSA also reserves the right to lawfully terminate the User Account in the event of a court decision requiring it to do so, force majeure events, breaches of these T&Cs or in the event of suspicion of fraud. PFSA reserves the right to seek damages and interest in compensation for prejudice suffered as a result of such breaches.

The termination of the User Account invokes the termination of the licences for consultation/use of the Services granted to the User, which shall cease all use of the Website. In this regard, the User shall not be entitled to any indemnity.

4. 2. USER OBLIGATIONS

By using the Website, Users are prohibited to:

• Use the Website or Services for political purposes, propaganda or proselytizing;
• Divert the purpose of the Website;
• Conduct illegal activities, particularly damaging those holding rights over texts, photographs, images, texts, videos, etc.;
• Advertise or encourage other Users to use any other service, whether a competitor or not;
• Undermine in any way whatsoever the functioning of the Website;
• Infringe the laws on intellectual property;
• Infringe the laws and regulations in force.

Users are prohibited to: 

• Download, send, transmit via email or any other manner any content that is illegal, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, invasive of another's privacy, hateful, racist or otherwise objectionable;
• Consult, post, download or transmit any content contrary to the laws in force in France, particularly regarding intellectual property;
• Attempt to mislead other Users by impersonating the name or company name of other people and in particular by impersonating an employee or affiliate of PFSA, a moderator, guide or host;
• Download, post or transmit by email or any other manner any content including IT viruses or any other code, file or program designed to disrupt, destroy or limit the functionality of any computer software or telecommunication tool without limitation;
• Download, post or transmit by email or any other manner any content breaching any patent, trademark, manufacturing secret, intellectual property right or any other property right (hereinafter the “ rights ”) of others;
• Disrupt the normal flow of dialogue, speed up the rate at which the screen scrolls so that Users are unable to follow and type their dialogue, or take any other similarly disruptive action that interferes with Users' ability to communicate in real time;
• Interfere with or disrupt the Service, servers, networks connected to the Service or refuse to comply with any requirements, procedures, policies or regulations of networks connected to the Service;
• Harass other Users in any way;
• Collect and store personal data, identification data, relating to other Users.

PFSA or any person or entity designated by PFSA shall have the right to remove or retract any content that violates these terms and/or the regulations in force and/or is reprehensible in any other way. Users also acknowledge that they must exercise discretion and bear all risks associated with their use of the Service and Website. 

ARTICLE 5 - USE OF THE ADVICE PROVIDED ON THE WEBSITE

The Content of the Website is provided to Users of the Website. This provision does not entail any transfer of property rights attached to the Content. You are granted a licence only for the use of the Content, in a non exclusive manner, for your private use. In this regard, it is prohibited for Users to copy or reproduce all or part of the Content by any means whatsoever and on any existing or future support, translate the Content in any other language or adapt the Content. PFSA shall not be held responsible for the direct or indirect consequences and/or any damage which results from the defectiveness or piracy of the Content. Furthermore, PFSA assumes no obligation of results, but only of means regarding the Content provided to Users. Finally, PFSA gives no express or implicit guarantee and assumes no responsibility relative to the use of the Content. It is provided for informational purposes only. For any further information and/or queries, Users may write to the following address: contact@oncoguide.com.

ARTICLE 6 - GUARANTEES AND RESPONSIBILITY

6.1 RESPONSIBILITY

Use of the Website is the sole and entire responsibility of Users. Users undertake to use the Website in accordance with its intended purpose. PFSA guarantees peaceful enjoyment of the Website to Users and in particular guarantees that the Website does not violate any intellectual property right held by a third party and that it is original. PFSA guarantees that the Website complies with the French legal provisions in force and the applicable industry standards relative to websites. Users undertake not to either voluntarily or even involuntarily introduce viruses, bugs or files of any kind whatsoever disturbing the functioning of the Website, in such a case they would assume sole responsibility for them. In the spirit of respect for all, PFSA may take legal action against Users responsible for wrongdoing. The User declares and guarantees that they are fully aware of the characteristics and constraints of the Internet, and in particular that the transmission of data and information on the Internet is only relatively reliable from a technical point of view, as the data and information circulate on heterogeneous networks with different characteristics and technical capacities, which disrupt access or make it impossible at certain times. PFSA shall not be held responsible for any damage occurring following connection to the Website or use of the Website by a User. PFSA shall not be held responsible for errors, omissions, viruses or results which may be obtained through misuse of the Content of the Website. PFSA is bound only by a simple obligation of means. PFSA and its directors or employees shall not be held responsible for:

• Any damage whatsoever resulting from connection, access or use of the Website;
• Damage resulting directly or indirectly from the consultation of the Website or use of the Content available on it;
• Direct or indirect damage resulting from the use of the Website, and in particular any loss of operation, financial or commercial loss or loss of the Website or data in any IT system, even if PFSA is aware of the possibility of such damage.

In no case shall PFSA be held responsible for loss of the Content or a degradation linked to the Content. Any information or Content provided by the Website shall not be interpreted as any guarantee whatsoever. Subject to the applicable legal or regulatory provisions, PFSA shall not be held responsible for any damage, including but not limited to losses of profits, customers, data, or intangible assets through the use or impossibility of use of the Website, and generally any event linked to the Website and/or any third party website.

6.2. MODIFICATION OR CESSATION OF THE WEBSITE

PFSA strives to keep the Website accessible 24 hours a day, 7 days a week but is not bound by any obligation to do so. PFSA may therefore disrupt access, particularly for the purposes of maintenance and upgrades. PFSA is in no case responsible for all of these disruptions and the consequences that may arise therefrom for a User or any third party. PFSA reserves the right to modify or remove the Website without notice and without incurring its responsibility. The deletion or modification of the Website cannot justify in any way for Users a particular compensation, or the allocation of damages and interests.

6.3. GUARANTEES

Users acknowledge and expressly accept that:

• They use the Website and the Services at their own risk. The Service is provided “ as is ” and accessible according to its availability, PFSA provides no express or implicit guarantee regarding the quality and compatibility of the Service for a specific use, or the lack of breach of the rules of use of the Service by its Users (without limitation).
• PFSA does not warrant that the Website and/or Services will meet their expectations; that it/they will be uninterrupted, timely, secure or error-free; that the results that may be obtained from the use of the services will be accurate and reliable; that the quality of any Services, information or other material obtained by them from the Service will meet their expectations; or that defects in the software used, if any, will be corrected.
• Any material downloaded or obtained in any other manner from the use of the Service is at their own risk. Users will be solely responsible for any damage to their computer or any loss of data resulting from the downloading of this material.

ARTICLE 7 - INTELLECTUAL PROPERTY

Unless otherwise provided herein, all elements displayed on the Website and the Website itself (including Content, databases, graphs, logos, trademarks, names, illustrations, sounds and other elements) (hereinafter the “ Elements ”) are the exclusive property of PFSA and/or third parties that have granted it a licence, and are subject to French and international legislation on copyright and more broadly intellectual property. The Elements are protected by copyrights, trademarks, database rights, manufacturing secrets and/or all other intellectual property rights. All rights of reproduction, representation and public communication are reserved, including visual, photographic, iconographic or other representations. Reproduction of all or part of the Website on any electronic medium whatsoever is strictly prohibited without the express authorisation of the Publishing Director. 

PFSA grants the User a free, non-exclusive, non-transferable, personal licence, limited to their private use, access, usage and visualisation of the Website and its Elements. This right is granted exclusively for personal, private and non-commercial use, and subject to keeping all notices relating to reproduction and intellectual property rights relating thereto. As such, the User is prohibited from copying and/or reproducing all or parts of the Elements by any means and on any existing or future medium to translate the Elements into any other language and adapt the Elements. Users may download, display or print the Elements available on the Website for professional use, for non-commercial purposes only, without modifying any notices relative to intellectual property rights and ensuring that each copy includes the following notice: “This document is from Pierre Fabre SA. All reproduction rights are reserved." Any use, other than as shown above, is prohibited unless previously authorised in writing by Pierre Fabre SA. The User expressly agrees that the Use of the Website does not in any case breach the rights of PFSA, and in particular that this use does not constitute an act of counterfeit, unfaithful competition or parasitism. The trademarks and logos used on the Website have been filed, and their reproduction would constitute counterfeit. All rights of use are reserved. In accordance with Article L.122-4 of the intellectual property code, any representation or reproduction not expressly authorised, in whole or in part, and by any means whatsoever, would be illegal and would constitute an infringement punishable by Articles L. 335-2. and following the Intellectual Property Code.

The User is not authorised to sell, copy, rent, market, transfer, assign, or otherwise sub-grant, modify, adapt the Website, merge it in whole or part into another software, translate it, decompile it, disassemble, or create any software, or any functions derived from the Website without the express written permission of the Publishing Director.

The breach of these rules would constitute a breach of copyright.

Any other use of the Elements is strictly prohibited and constitutes a breach of the provisions of the Code of Intellectual Property. 

ARTICLE 8 - HYPERLINKS

The User is informed that PFSA may provide links to other websites and/or applications belonging or not to the Pierre Fabre group. These websites and/or applications are independent of the Website. PFSA does not edit or control the sources and content of these websites or their links to other websites and/or applications. Links to these websites and/or applications do not in any way constitute an approval, validation or accession by PFSA to the content of these websites and/or applications or the use of them. Accordingly, PFSA shall not be held responsible for the content, products, services, advertising, cookies or other elements of these websites as well as for any damages or loss, proven or alleged, consecutive or related to the use of these information, services or data available on these websites and/or applications. The creation of hyperlinks on the Website is not permitted without the prior written authorisation of PFSA. All requests for authorisation should be addressed to the following email address: contact.oncoguide@pierre-fabre.com. 

ARTICLE 9 - NON-WAIVER AND PARTIAL INVALIDITY 

In the event that any of the provisions of the T&Cs becomes null and inapplicable by a change of legislation, regulations or a court decision, this shall in no case affect the validity and respect of the other provisions of the T&Cs. If one of the Parties does not prevail on any one of the provisions of the T&Cs, they may not claim to rely on the same provision later on.

ARTICLE 10 - GENERAL PROVISIONS

Insofar as a provision of the T&Cs may lose its validity or if the latter contain a loophole, the provision concerned shall be replaced by the closest possible from a legal interpretation point of view. Users declare and acknowledge having read the T&Cs and the use of the Website constitutes on the part of the Users a total and unconditional acceptance of all the T&Cs. For any queries regarding the T&Cs, or any question or comment on the Website or their User Account, Users may write to the following address: contact.oncoguide@pierre-fabre.com

ARTICLE 11 - MODIFICATION OF THE T&CS

The T&Cs are susceptible to modification by PFSA at any time. Users will be notified of these modifications. Any use of the Website after notification of a modification constitutes acceptance of the T&Cs. The applicable T&Cs will then be those in force on the Website on the date of its use by a User. If the User disagrees with the changes to the T&Cs, the User agrees not to access the Website. In the event of a translation of the T&Cs, only the French version is valid and applicable.

ARTICLE 12 - APPLICABLE LAW AND JURISDICTION

The T&Cs are subject to French law. Any dispute that occurs in connection with the T&Cs will be subject to mediation prior to any legal or arbitrary action. In the event of failed mediation the dispute shall be referred before the competent court in the jurisdiction of Paris Court of Appeal.