The following terms of use (hereinafter the "Terms") govern the conditions under which the company Laboratoires Théa SAS (hereinafter the "Company") provides internet users and its customers access to the website thea.com (hereinafter the "Site").
By accessing and using the Site, you accept and adhere without limitation to these Terms as a user of the Site (hereinafter the "User").
These Terms define the terms and conditions that each User must adhere to when browsing the Site and/or accessing their online account (the "Account").
The Site allows Users to access to a presentation of the THEA Group.
These Terms come into effect upon acceptance by the User and remain in force until the deletion of their Account or, if the User does not have an Account, for the duration of each visit to the Site.
3.1 Access and Use
The User is prohibited from (i) reproducing any part of the Site, temporarily or permanently, by any means whatsoever, (ii) distributing, disseminating, or making the Site available directly or indirectly to a third party or the public, either free of charge or for a fee, (iii) translating, adapting, arranging, decompiling, or modifying the Site, particularly to create a similar website.
The Site must be used in accordance with its intended purpose and the stipulations of these Terms. Any non-compliant use may result in the closure of the User's Account without notice or compensation, and without prejudice to the damages that the Company may claim, particularly in case of damage to the Site or the Company's brand image.
3.2 Hyperlinks
Creating any hyperlinks to any part of the Site is strictly prohibited without prior written permission from the Company.
The Company is free to refuse this authorization without justification. If the Company grants authorization, it is temporary and may be withdrawn at any time without the obligation of justification.
In any case, any hyperlink must be removed upon the Company's request. Any information accessible via a link to third-party websites is not under the control of the Company, which disclaims all responsibility for their content.
The Company strives to ensure remote 24-hour electronic provision of the Site via electronic communication services, subject to server maintenance operations or technical hazards inherent to the internet and the resulting access interruptions, which the User expressly acknowledges and accepts.
Therefore, the Company cannot guarantee permanent availability of the Site or permanent access to User Accounts, nor be held responsible for any consequences, whatever they may be, in case of unavailability or slowdown of the Site.
The service provided by the Company does not include providing internet access or public electronic communication services. The Company will inform the User in advance of any maintenance or update operation.
The equipment (computer, software, communication means, etc.) allowing access to the Site is the exclusive responsibility of the User, as are the communication costs incurred by their use.
5.1 General Obligations
The User commits not to exchange content:
5.2 Prohibited Behaviors
Behaviors violating these Terms are strictly prohibited.
Violation occurs, without limitation, when:
The content of the Site, including texts, images, and logos, is protected by intellectual property rights and cannot be used, modified, transmitted, or reused without prior written authorization from Laboratoires Théa and only in accordance with these Terms or as specified on the Site. The User commits to immediately report to Laboratoires Théa any case of fraud and/or unauthorized access they become aware of.
Product trademarks, trade names, and logos, designs and models, and more generally, all copyrights and industrial and intellectual property rights belonging to Laboratoires Théa or its affiliates, or to which Laboratoires Théa or its affiliates have usage rights (collectively the "Marks"), appearing on this Site are the Marks of Laboratoires Théa and/or the THEA Group companies. No mention on the Site can be interpreted as granting, directly or indirectly, any license or right to use any Mark appearing on the Site without the prior written authorization of Laboratoires Théa or any third-party holder of said Mark. Your use of the Marks appearing on the Site other than according to these terms and conditions is strictly prohibited. Laboratoires Théa will use all legal means to ensure the protection of its intellectual and industrial property rights, including any civil and/or criminal proceedings.
Creating an Account and more generally using the Site involves the collection of personal data by the Company.
The conditions for processing Users' personal data are described in the Privacy Policy accessible at any time via a tab at the bottom of the Site page and through the following link: /en_US/legal-pages/privacy-policy
The operation of the Site is offered under a best-effort obligation.
The User acknowledges that the characteristics and constraints of the internet do not allow for guaranteeing the security, availability, and integrity of data transmissions during their transit on the internet.
The User is solely responsible for the terminals and connections necessary for using the Site. It is up to each User to take all appropriate measures to protect their own data and/or software stored on their computer equipment, as well as their codes, against any infringement.
Under these conditions, the Company is not responsible for malfunction, inability to access, or poor conditions of use of the Site attributable to unsuitable equipment, internal malfunctions at the User's internet provider, network congestion, or any other reasons outside the Company.
Disclosing certain illegal content (e.g., photographs, videos, comments) by the User within the Site's use may engage their criminal and civil liability. To this end, the User guarantees the Company against any administrative, criminal, or civil proceedings and any extrajudicial dispute based on such content exchanges initiated by the User, even partially.
The Company's failure to enforce any provision of these Terms should not be interpreted as a waiver of its right to enforce it in the future.
Moreover, neither Party can be held liable for any loss or damage originating from delay or non-performance of its obligations under the Terms due to a force majeure event or fortuitous event as defined by article 1218 of the Civil Code and jurisprudence, provided that the occurrence of this event is promptly notified to the other Party in writing, specifying the impact on the estimated duration during which it will affect the performance of these Terms. Expressly considered as force majeure events are those usually retained by applicable jurisprudence.
In case of dispute, the Company may validly administer as evidence the Site's connection and transmission logs, which alone serve as proof, as the User acknowledges.
The Company may amend the Terms at any time. The User will be informed of these changes by any means before their effective date. The changes to these Terms are binding upon acceptance by the User. If the User does not wish to continue using the Site in light of the updated Terms, they must close their Account without compensation.
If one or more provisions of the Terms are declared null and void pursuant to a law, regulation, or final decision of a competent court, the other provisions will retain their full force and scope.
The Terms are accessible at any time upon request and will prevail over any other contradictory document.
The Terms are governed by French law. ANY DISPUTE RELATING TO THE TERMS THAT CANNOT BE RESOLVED AMICABLY BETWEEN THE COMPANY AND THE USER WILL BE SUBJECT TO THE EXCLUSIVE JURISDICTION OF THE COMPETENT COURTS OF PARIS, FRANCE.
Version of 30.10.2024