ARTICLE 1 / Purpose
The present «general conditions of use» are intended to provide a legal framework for the terms and conditions for making the services of the site www.diasporasante.com available and for their use by the «user». The general conditions of use must be accepted by any user wishing to access the site. They constitute the contract between the site and the user. The access to the site by the user means his acceptance of the present general conditions of use.
ARTICLE 2 / Legal Notice
The edition of the site Diasporasante.com is ensured by the Company AL FIRDAWS GROUP SAS with a capital of 10 000 € whose head office is located in Paris West, 11 rue de Berry 78500 Sartrouville. The Director of the publication is Mr. Mama Mfomegnam. The host of the site diasporasante.com is the Company Microsoft Ireland Operations Ltd, Atrium Building Block B, Carmenhall Road, Sandyford Industrial Estate, Dublin 18, Ireland.
ARTICLE 3 / Definitions
The purpose of this clause is to define the various essential terms of the contract :
ARTICLE 4 / Access to services
The site allows the user free access to the following services :
The site is accessible free of charge anywhere to any User with Internet access. All costs incurred by the User to access the service (hardware, software, Internet connection, etc.) are at the User's expense.
The site implements all the means at its disposal to ensure quality access to its services. The obligation being of means, the site does not commit itself to reach this result.
Any event due to a case of absolute necessity having for consequence a dysfunction of the network or the server does not engage the responsibility of diasporasante.com.
Access to the services of the site may at any time be subject to interruption, suspension, modification without notice for maintenance or any other reason. The User undertakes not to claim any compensation following the interruption, suspension or modification of this contract.
3. The user of the service recognizes that the validity of the insurance proposals proposed by diasporasante.com and the partner insurance companies, directly or through their representative, is dependent on the accuracy of the answers provided by the user and that erroneous answers can lead to invalidate the insurance contract subscribed. The user therefore undertakes to fill in the fields and to answer honestly and truthfully to all the questions asked.
4. Users acknowledge that the diasporasante.com service is intended to provide factual and specific information and that, because of the technological channel used, it does not provide and is not intended to provide advice. Users of the service acknowledge that they are solely responsible for their choices in terms of insurance and for estimating their possible needs for consulting services. The users consequently discharge diasporasante.com of any duty of advice in the choice of their insurance and make their business of the possible consequences of their choice.
5. The offers proposed by diasporasante.com are subject to a certain number of conditions of subscription. The user of the service commits himself, before the final subscription of his insurance, to read the general conditions and the particular conditions of his contract and to verify the conformity of his situation to the contract which he subscribes and the data recorded by the insurer, and discharges diasporasante.com of any responsibility in this respect.
6. In order to propose you insurance offers corresponding to your profile, diasporasante.com can be brought to collect personal nominative data at ends of tariffing and later subscription. The corresponding database has been declared to the National Commission for Information Technology and Liberties (CNIL). The users have a right of information, of correction and opposition which they can exert by writing to diasporasante.com (cf. Article 6-PERSONAL DATA).
7. Users acknowledge that the service of diasporasante.com, based on the most advanced technologies, has the sole purpose of facilitating the purchase of insurance suitable for their needs, but that the offers presented cannot be considered as firm and binding for the insurer proposing the offer or for diasporasante.com.
Consequently, the user agrees to release diasporasante.com and the insurer proposing the offer of any responsibility in the event of inaccuracies relating to the guarantees, the franchises, the prices or the service described by the service diasporasante.com. Indeed, diasporasante.com declines all responsibilities in particular in the event of «data-processing bugs, problems internal and external servers... etc».
The user agrees to read the general and special conditions of the offer he/she is preparing to subscribe to, which are the only documents engaging the responsibility of the insurer and diasporasante.com.
The user also acknowledges that due to the technical nature of the means used to render the service, it is up to him to verify upon receipt of his quote or during the interview with the teleconsultant the conformity between his situation and the data recorded by the insurer.
2. By the professional Contributor
The professional contributor who uses the extranet diasporasante.com to propose the subscription of contracts to his prospects and clients declares :
The services of the site diasporasante.com are free. The services exposed above are free for the Internet users. They do not include membership or subscription to an insurance contract. You make payments only if you subscribe to an insurance contract, these payments are subject to the general conditions and the particular conditions of the insurance contract proposed by the company. The User has the possibility to contact the site by e-mail at the address firstname.lastname@example.org.
ARTICLE 5 / Intellectual Property
The presentation and the contents of the site diasporasante.com are protected by the international conventions and any applicable legislation as regards intellectual property in particular with regard to the royalty and the right of the marks, as well as in unfair competition.
The brands, logos, signs and any other content of the site are protected by the Code of Intellectual Property and more particularly by the copyright.
The User requests prior authorization from the site for any reproduction, publication or copy of the various contents. The User undertakes to use the contents of the site in a strictly private context. Any use of the contents for commercial purposes is strictly forbidden.
Any content put online by the User is of his sole responsibility. The User undertakes not to put online any content that could harm the interests of third parties. Any legal action taken by an injured third party against the site will be borne by the User.
User Content may be removed or modified by the Site at any time and for any reason. The User does not receive any justification and notification prior to the deletion or modification of User content.
ARTICLE 6 / Personal Data
The information requested at the time of registration on the site is necessary and mandatory for the creation of the User's account. In particular, the email address may be used by the site for the administration, management and animation of the service.
The site ensures the User a collection and processing of personal information in compliance with the law n°78-17 of January 6, 1978 relating to data processing, files and freedoms. The site is declared to the CNIL under the number [number].
Under Articles 39 and 40 of the Act dated January 6, 1978, the User has a right to access, rectify, delete and oppose his personal data. The User exercises this right via :
ARTICLE 7 / Liability and force majeure
The sources of the information published on the site are deemed reliable. However, the site reserves the right not to guarantee the reliability of the sources. The information given on the site is for information purposes only. Thus, the User alone assumes full responsibility for the use of the information and content of this site.
The User is responsible for keeping the password secret. Any disclosure of the password in any form is prohibited.
The User assumes all risks related to the use of his login and password. The site declines all responsibility. Any use of the service by the User resulting directly or indirectly in damage must be compensated to the benefit of the site.
An optimal guarantee of the security and confidentiality of the transmitted data is not assured by the site. However, the site undertakes to implement all the necessary means to guarantee the security and confidentiality of the data to the best of its ability.
The responsibility of the site can not be engaged in case of force majeure or unforeseeable and insurmountable fact of a third party.
ARTICLE 8/ Hypertext links
Many outgoing hyperlinks are present on the site, however the web pages where these links lead do not engage the responsibility of diasporasante.com which does not have the control of these links.
The User therefore refrains from engaging the responsibility of the site concerning the content and resources related to these outgoing hypertext links.
ARTICLE 9 / Contract Evolution
The site reserves the right to modify the clauses stipulated in this contract at any time.
ARTICLE 10 / Duration
The duration of this contract is indefinite. The contract takes effect with respect to the User as of the use of the service.
ARTICLE 11 / Applicable law and jurisdiction
French law applies to this contract. In the event of failure to resolve a dispute between the parties amicably, and mediation, only the courts of Paris shall have jurisdiction. To seize it, by mail :The Insurance Ombudsman : TSA 50 110 75441 PARIS CEDEX 09
ARTICLE 12 / COOKIES