Terms and Conditions
Last updated: 30/10/2021
The English language version of these terms and conditions shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any. Please read these terms and conditions carefully before using Our Service.
Interpretation and Definitions
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
For the purposes of these Terms and Conditions:
Application means the software program provided by the Organization on any electronic device and which enables healthcare providers to manage home exercise programs for their patients, including management of the patients’ compliance with the exercise program and the exchange of exercise program templates with other patients. The Application name is OpenTeleRehab.
Application Store means the digital distribution service operated and developed by Apple Inc. (Apple App Store) or Google Inc. (Google Play Store) in which the Application has been downloaded.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: France
Organization (referred to as either "the Organization", "We", "Us" or "Our" in this Agreement) refers to Fédération Handicap International set up under the French law dated 1st July 1901, listed in the SIRENE register under the number 519 655 997, and domiciled at 138, avenue des Frères Lumière, 69371 Lyon.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, or suggestions sent by You regarding the attributes, performance or features of our Service.
Service refers to all the services provided by the Application. To obtain access to the Service, you must have a registered Account.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Organization regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
You means the individual accessing or using the Application and its Service, or the Organization, or other legal entity on behalf of which such individual is accessing or using the Application and its Service, as applicable.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Organization. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
When You create an account with OpenTeleRehab, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account on Our Service.
By using Our Service, You are not permitted to:
Provide information during registration that is not accurate, complete and up-to-date;
Create more than one Account;
Create an Account for another natural person or legal entity;
Share an Account or in any other way provide access to the Account to another natural person or legal entity; or
Create an Account if you are younger than 18 years of age.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
Your Right to Post and Download Content
Our Service allows You to post and download Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.
By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.
You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, (ii) the posting of Your Content on or through the Service does not :
Violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person and is in compliance with applicable law
Contain viruses, Trojan horses, worms, bots or other software which can cause any interference, loss or damage to the Application,
Target individuals (including patients) younger than 18 years of age, unless there is prior consent of the parents or guardians of such individuals;
Make or transmit any unwanted or unsolicited material or Content (spam)
Make Content available which could prejudice the interests and reputation of the Application.
In the case of a patient, you may download from the Service your exercise programs and account details strictly for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices.
In the case of the healthcare provider, you may download from the Service your patient’s exercise program and compliance history strictly for the purpose of maintaining your patient’s records and must not sell, redistribute or use for any other purpose.
The Organization is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account.
You may not transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene, discriminatory or is otherwise deemed hurtful, offensive, inappropriate or objectionable.
The Organization reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content is appropriate and complies with this Terms, refuse or remove this Content. The Organization further reserves the right to make formatting and edits and change the manner any Content. The Organization can also limit or revoke the use of the Service if You post such objectionable Content. As the Organization cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Organization be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content.
Although regular backups of Content are performed, the Organization do not guarantee there will be no loss or corruption of data.
Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed.
The Organization will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Organization has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state.
Intellectual Property Infringement
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
If you are a healthcare provider, you accept and agree that you are responsible for
compliance with all applicable privacy legislation as the healthcare provider to the patient and no acts or omissions by the Application shall relieve you of your obligations.
You are fully and exclusively responsible for ensuring compliance with these obligations; including taking regular back-ups of patient information in a form required by relevant legislation, rules and code of practice that apply to you as a healthcare provider.
Information on the service
We do not warrant or represent the accuracy, completeness or suitability for your intended use of any information (including, without limitation, any Content) on the Service. You are responsible for the use of any such information and you should make your own enquiries to check if the information is accurate, complete and suitable for your intended use.
All exercises available on the Service are demonstrations only. You acknowledge that healthcare providers are responsible to ensure that any exercises and exercise programs created for a patient are appropriate for that patient.
We do not endorse or recommend any information on the Application or made available through the Service. All information contained on the Application and through the Service is for personal use only and may not be sold, redistributed or used for any commercial purpose.
If you are a patient, there is always the possibility of physical injury and/or death when participating in any exercise or exercise program. If you feel discomfort or pain, you should immediately stop the activity causing such discomfort or pain and contact your healthcare provider or an ambulance in the case of a medical emergency. By using the Service, you represent that you have fully informed your healthcare provider of your medical history and existing condition and have received their consent to participate (and continue to participate) in the programs and exercises available to you on the Service.
Your Feedback to Us
You assign all rights, title and interest in any Feedback You provide the Organization. If for any reason such assignment is ineffective, You agree to grant the Organization a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Links to Other Websites
Our Service may contain links to third-party web sites or services that are not owned or controlled by the Organization.
The Organization has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Organization shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
"AS IS" and "AS AVAILABLE" Disclaimer
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Organization, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Organization provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the Organization nor any of the Organization's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the Organization are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.
Limitation of Liability
The Application and Services are provided “as is”.
To the maximum extent permitted by applicable law, in no event shall the Organization or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the Organization or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Notwithstanding any damages that You might incur, the entire liability of the Organization and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service.
These Terms and Conditions and any dispute or claim arising out of or in connection with it or its subject matter shall be governed by and construed in accordance with the laws of France.
The competent court within the jurisdiction of the Lyon Appeals Court shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this Policy or its subject matter or formation (including non-contractual disputes or claims).
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Organization.
Should this amicable resolution process not lead to a solution within a period of two (2) month, the Parties shall refer to Courts as described hereafter.
Severability and Waiver
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated as a courtesy. The English language version of these terms and conditions shall be controlling in all respects and shall prevail in case of any inconsistencies with translated versions, if any.
Changes to These Terms and Conditions
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. We will notify You of any changes by posting the new Terms and Conditions on this page and by asking You to consent again with the latest version of Our Terms and Conditions.
If you have any questions about these Terms and Conditions, You can contact us by email: email@example.com