Last update 10/29/2021
The capitalized terms used herein have the meanings given to them below:
" WEBOTIT SAS ": refers to WEBOTIT, a simplified joint stock company with a capital of 17,450 Euros, registered with the Pontoise Trade and Companies Register under number 825 234 891, whose head office is located at 3 Avenue Bernard Hirsch, 95021, Cergy Pontoise CEDEX. WEBOTIT SAS operates online services accessible at www.webotit.ai (Legal information). WEBOTIT SAS is the publisher of the Virtual Assistant.
" CGU " : refers to the present general conditions of use of the Service.
" Chatbot ": refers to the conversational channel through which the User can interact with the Virtual Assistant dialogue agent, software specialized in dialogue with a human, developed by WEBOTIT SAS, and present on a Partner's Site(s), or accessible via the Facebook Messenger messaging system of a Partner's Facebook page.
" Service " or " Chatbot": refers to the information provision service provided by WEBOTIT SAS to the User via the Chatbot. Through an automatic and personalized conversation, the dialogue agent interacts with the User, taking into consideration the information indicated instantaneously, and constitutes a tool to accompany Users during their online purchases as well as in-store where applicable.
" Partner ": the company that has chosen to make the Virtual Assistant available on its own Site, via its Facebook page, or in its physical points of sale.
" User ": refers to any natural person dialoguing with the Virtual Assistant via the Chatbot made available on the Site or the Facebook page of the Partner concerned.
" Site ": the Partner's website on which the Virtual Assistant is made available to the User. The Service shall in no way constitute and/or substitute for a medical diagnosis, a medical decision support tool or self-diagnosis, or medical advice. All information provided by the Service is indicative, non-exhaustive and subject to regular modification in accordance with changes in government recommendations relating to Covid-19.
The GCU define the terms of operation, consultation and use of the Service by the User, as well as the rights and obligations of the User and WEBOTIT SAS in the context of the User's access to and use of the Service.
Use of the Virtual Assistant requires consultation and acceptance of these GTCU.
When first contacting the Chatbot, the User must consult these GTCU via the hypertext link and accept the GTCU by clicking on the "I accept the GTCU" button to continue the conversation with the Virtual Assistant. The User may only use the Service if he accepts the GCU.
The User may renounce use of the Service at any time, but remains responsible for any prior use.
In the event of disagreement with one or more of the stipulations of the GCU, the User is invited to click on "I refuse the GCU" and not to continue using the Virtual Assistant.
The User acknowledges having obtained from WEBOTIT SAS all necessary information concerning the terms and conditions of use of the Virtual Assistant Service, and unreservedly accepts these GTCU.
The GCU may be modified at any time by WEBOTIT SAS, in particular to reflect changes to the Service.
These GCU are written in French in their original version, which alone is authentic and prevails over any other version.
The GCU linked from the Virtual Assistant take precedence over any printed or digital version of an earlier date.
They cancel and replace any other general terms and conditions issued previously and which may appear on documents or be agreed by any other means.
The Virtual Assistant is a tool to help the User understand the measures taken by the Partner to reduce the impact of COVID-19 on its business. The Partner is responsible for the answers provided by the Virtual Assistant. Webotit cannot be held liable if the Virtual Assistant's answers mislead the User. The Service is not intended to be a substitute for a medical diagnosis, a medical decision-making tool, a self-diagnosis tool or medical advice.
The content, presentation and operation of the Service may be modified at any time by WEBOTIT SAS, depending on its commercial policy, the proper operation of the Chatbot and changes in government recommendations relating to COVID-19.
Optimal access to the Service, and consequently the use of its functionalities, is conditional upon the proper use and proper functioning of the User's technical equipment.
The Service is accessible on the Partner's Site and/or via the Facebook Messenger messaging system using available technologies, and in particular a computer or mobile terminal.
Access to the Service is free of charge.
To access the Service, the User must initiate a conversation with WEBOTIT SAS directly on the Partner's Sites or Facebook pages.
The User agrees to use the Service only for the purposes authorized by the GCU, and any laws, regulations or generally accepted practices or guidelines in the jurisdictions concerned.
The Service is accessible to Users 24 hours a day, 7 days a week, unless interrupted, whether scheduled or not, for maintenance purposes or in cases of force majeure, without prior notice to the User.
For the proper management of the Service, WEBOTIT SAS may at any time:
Access to and use of the Service are for strictly personal use only. The User undertakes not to use the Service and the information or data contained therein for commercial, political or advertising purposes, or for any form of commercial solicitation, in particular the sending of unsolicited e-mails.
All hardware and software required to access and use the Service remain the sole responsibility of the User. The User acknowledges that he/she has the necessary means to access and use the Service. The User also acknowledges that he/she has checked that the computer configuration used does not contain any viruses and is in perfect working order.
The User is responsible for the use of his/her personal details and the terminal used to access the Service. The User is informed that any third party using his/her terminal may potentially use the Service on his/her behalf. Consequently, to limit this risk, the User must secure access to his terminal and undertakes to take all necessary steps to ensure the security of his account, in particular not to store his information on any open medium whatsoever, and not to communicate his identifiers.
If the User becomes aware of any unauthorized use of the Service in his name, he must inform WEBOTIT SAS without delay at the following e-mail address: email@example.com.
The User expressly acknowledges that he/she must exercise discernment concerning the interpretation of information communicated by the Chatbot, which acts as a relay for institutional information relating to COVID-19.
The User expressly acknowledges that any decision relating to his/her health will be taken under his/her responsibility and that the information communicated by the Chatbot does not constitute or replace medical advice.
By using the Service, the User undertakes to:
WEBOTIT SAS reserves the right to restrict the User's access to the Virtual Assistant without prior notice in the event of non-compliance with the GCU.
The Virtual Assistant endeavors to provide information that is as accurate and up-to-date as possible, as communicated by the Partner. However, WEBOTIT SAS is only bound by an obligation of means as to the accuracy of the information provided, and may not be held liable for omissions or inaccuracies in the information transmitted, which merely relay the measures taken by the Partner.
WEBOTIT SAS undertakes to update without delay the information communicated by the Chatbot as soon as the recommendations relating to COVD- 19 adopted by the Government have been modified.
The Service is in no way intended to constitute and/or substitute for a medical diagnosis, a medical decision support tool or self-diagnosis, or medical advice.
WEBOTIT SAS shall not be held liable:
If WEBOTIT SAS becomes the subject of amicable or legal proceedings as a result of the User's use of the Service in a manner that does not comply with the GCU and/or does not comply with applicable laws and regulations, WEBOTIT SAS may take action against the User to obtain compensation for all damages, sums, condemnations and costs that may result from such proceedings.
Conversations with the Virtual Assistant may contain hyperlinks to Partner sites and/or French Government sites and/or WEBOTIT SAS sites.
WEBOTIT owns all intellectual property rights to both the structure and content of the Chatbot (texts, articles, newsletters, press releases, layouts, presentations, brochures, images, illustrations, drawings, graphics, photographs, computer programs, animations, tree structures, software, intellectual data, databases, animations, video and sound elements, photographs, illustrations, graphic charters, diagrams, logos, trademarks, designs and models) or has regularly acquired the rights allowing the exploitation of the structure and content of the Service.
All intellectual and industrial property rights (whether registered or not, such as trademarks and other distinctive signs, logos, domain names, intellectual data, databases, designs and models) of WEBOTIT SAS are and will remain the full and complete property of WEBOTIT SAS.
The representation, reproduction, adaptation, downloading, distribution, modification, sale and/or translation, in particular in whole or in part, of the Chatbot, its content, and all related intellectual property rights, is strictly forbidden, whatever the process, whatever the medium, and unless expressly authorized by WEBOTIT SAS.
In general, the User agrees not to infringe the intellectual property rights (copyright, neighboring rights, sui generis rights of database producers, trademark rights, domain names, etc.) of WEBOTIT SAS and/or any third party.
The use of all or part of the Chatbot for purposes other than those authorized is strictly forbidden under penalty of the sanctions provided by law, and in particular the provisions relating to counterfeiting of the Intellectual Property Code.
If any provision of the GCU is invalid under any applicable law, regulation or court order, it shall be deemed unwritten, but shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
Any dispute arising from the consultation, content or use of the Service is subject to French law. In the event of any dispute relating to the GTU which cannot be resolved amicably, the French courts having jurisdiction over the registered office of WEBOTIT SAS shall have exclusive jurisdiction.