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General Terms and Conditions of Use

YooSlim ’S GENERAL TERMS AND CONDITIONS OF USE

I. Statutory information and purpose of these General Terms and Conditions of Use

The purpose of YooSlim’s General Terms and Conditions of Use (hereafter “ GTU”) – the full contact details of which are available by clicking here http://www.yooslim.com/en/shop/contact/?language=en (hereafter “YooSlim”) – are to define the conditions of use of the Website http://www.yooslim.com/en/?language=en (hereafter the “Website”) edited and exploited by YooSlim.

The conditions of sale of the products on the Website are defined in YooSlim’s General Terms and Conditions of Sale, available by clicking here http://www.yooslim.com/en/shop/cgs/?language=en"

The conditions of use of the remunerated services accessible on the Website are defined in YooSlim’s general terms and conditions of services, available by clicking here http://www.yooslim.com/en/shop/cgs/?language=en"

YooSlim’s Client service may be contacted at the following address: contact@yooslim.com .

The Website publication director is: Dane MCINTOSH.

 

YooSlim is entitled to modify these GTU at any time.

II. Definitions

The following terms and conditions, whether they are used in the singular or the plural in these GTU, shall have the following definition:

  • GTU: shall mean these general terms and conditions of use;

 

  • Personal Data: shall mean the Webuser ´s personal data collected and processed by YooSlim in the context of the consultation of the Website, like, as the case maybe, for the creation and management of their Account and the completion of Services, and under the conditions and terms as defined in the Privacy Policy;

 

· Webuser : shall mean all the webusers, visitors to the Website, whether or not they are Clients (within the meaning of the GSC accessible by clicking here http://www.yooslim.com/en/shop/cgv/?language=en" and/or Subscribers (within the meaning of the GTS accessible by clicking here http://www.yooslim.com/en/shop/cgs/?language=en" ;

  • Products : shall mean the products commercialized by YooSlim from the Website;
  • Services : shall mean the features and services such as defined in Article IV, made available to the Users and accessible from the Website, and, for certain services, following the prior creation of an account and acceptance of the general terms and conditions of service accessible by clicking here http://www.yooslim.com/en/shop/cgs/?language=en"
  • Website : shall mean the Website edited by YooSlim accessible via the URL address http://www.yooslim.com/en/;
  • YooSlim: shall mean SLIM SHOP LTD, a company governed under English law, with its registered office located at 3rd Floor St Clare House, 30-33 Minories, Londres, United Kingdom, EC3 1DD, registered under the number 11783995 .
III. Scope of application, acceptance and modification of the GTU

The purpose of the GTU is to define the conditions in which the Webusers may consult the Website and benefit from the Services.

The access or use of all or part of the Website and/or the Services implies the acceptance of these GTU by the Webuser, without any restrictions or reserves.

These GTU may be modified, and the conditions applicable are those mentioned on the Website on the Webuser’s date of access to the Website.

 

IV. Description of Services

YooSlim shall make available to the Webusers via its Website, access to a certain number of Services enabling them to benefit from editorial content, offering slimming advice.

The Website also enables Webusers to access other remunerated Services, mentioned in detail in the general terms and conditions of service accessible by clicking here http://www.yooslim.com/en/shop/cgs/?language=en" and after the creation of an account and subject to the prior acceptance of such GTS.

All the Services provided by YooSlim and made available to the Webuser shall be mentioned in detail on the Website.

Furthermore, it is recalled that the Website also enables Clients to acquire Products under the conditions of the general terms and conditions of sale accessible by clicking here http://www.yooslim.com/en/shop/cgv/?language=en" .

V. Access and availability of the Services

YooSlim shall make its best endeavors to make the Services available 24 hours/7 days, independently from the maintenance of such Services and/or the Website.

Nevertheless, YooSlim shall reserve the right to discontinue access to all or part of the Services for maintenance and/or improvement works. These interruptions to the Services and/or the Website shall be previously notified to the Webuser, insofar as possible for YooSlim, in particular by posting an alert message on the Website. In the event of an emergency, YooSlim shall nonetheless reserve the right to partially or entirely discontinue all or part of the Services and/or the Website, for a reasonable duration, to carry out any required technical operation. Such discontinuation to the Services and/or the Website may not give rise to any indemnification for the Webuser, including if such discontinuance occurs during the Client’s Product purchasing process.

In this regard, YooSlim is obliged to comply with a ‘best efforts’ obligation.

VI. Guarantees – Responsibilities

Upon accessing the Website, the Webuser declares, guarantees and undertakes to:

  • access and use the Website and/or the Services in good faith, reasonably, and not in a manner contrary to these GTU;
  • not to use the mechanisms or software other than those provided by YooSlim intended to i) have an impact or attempted impact on the proper functioning of the Website and/or Services ii) or extract, modify, consult, even in the buffer or temporary memory, or for an individualized use, all or part of the Website and/or Services and/or Products;
  • not to access and/or use the Website and/or the Services and/or the Products for unlawful purposes and/or with the intention of causing harm to YooSlim’s reputation and/or image and/or that of Webusers, or more generally to violate rights, in particular YooSlim’s intellectual property rights, and/or those of third parties, including those of the Webusers;
  • not to commercialize the Products, Services and/or access to the Services and/or the Website and/or the Products, directly or indirectly;
  • not to reuse or exploit all or part of the Website and/or its Services, in particular for commercialized and/or collective and/or personal purposes, in a form and/or media that has not been authorized by YooSlim and/or the Webusers;
  • not to reproduce or represent all or part of the Website and/or the Services for personal purposes beyond the scheduled statutory exceptions, or with a view to the direct or indirect commercialization, in particular with third parties;
  • not to restrict the access and use of the Website and/or Services;
  • not to modify, including in the buffer or temporary memory, any mention or element of the Website and/or Services;
  • ensure that the use of the Website and/or Services does not affect or compromise the stability, security and quality of the Website and/or Services, networks, bandwidth or YooSlim’s infrastructures, other Webusers and/or third parties;
  • not to violate the provisions of European and Member States Laws sanctioning "hacking" activities;

In the event of non-compliance with any of these obligations, without this list being exhaustive, the Webuser shall be informed that YooSlim shall be entitled to refuse or discontinue access to all or part of the Services and/or the Website, unilaterally and without any prior notification and to suspend access to his Account, as the case maybe.

VII. Publicity

YooSlim reserves the possibility to post adverts or promotional messages on the Website, including in the context of Services.

VIII. Limitation of liability

The Webuser is solely liable for the use that he makes of the Website, and the Services to which he may access from the Website.

YooSlim may by no means be held liable in the context of proceedings initiated against the Webuser for non-compliant use of the Website and/or Services.

The Webuser acknowledges and accepts in this regard that they shall be personally liable for any complaint or proceedings filed against YooSlim, due to their non-compliant use of the Services and/or the Website.

The Website may include hypertext links to third party websites.

In this regard, given the evanescent nature of the content which may be posted on the Websites accessible via these hypertext links, YooSlim’s liability may not be incurred in the event whereby the content of such third party Website were to violate the applicable statutory and/or regulatory provisions.

In any event, YooSlim shall not be held liable:

  • in the event of the unavailability of the Services for reasons such as a default in the public electricity network, a default in the telecommunications cable network, the loss of connectivity to the Internet network due to public or private operators, in particular the Webuser, for any reason whatsoever, in particular strikes, storms, earthquakes or any other cause based on a force majeure;
  • in the event of use of the Website and/or the Services by any Webuser in conditions that are non-compliant with the terms of these GTU or GTS;
  • within the limits of the applicable legislation, for any indirect damage and including, in particular, loss of profit, data or any other loss of intangible assets, and even if YooSlim had been informed of potential damages that may occur (i) from the use or impossibility to use the Website and/or Services (ii) following access to the Website and/or such Services by an unauthorized Webuser.

YooSlim may not be held liable for any dysfunction of any kind whether in relation to the Webuser’s I.T. equipment or their Internet access, upon access to the Website and, more generally, the Services.

More particularly, YooSlim shall not guarantee the Webuser for any Services concerning issues relating to the access speed to reach the Website and/or Services and/or speed of the Webuser’s buffer setting on his computer, which they may have encountered.

IX. Force majeure

 

YooSlim may not be held liable if the performance of one of its obligations is prevented or delayed due to a force majeure event, and, in particular, for natural disasters, fires, a dysfunction or interruption in the telecommunications or the electricity network.

 

 

X. Intellectual Property
A. Copyright on the Website

YooSlim is the owner or the licensee of the intellectual property rights for both the general structure of the Website and its content (texts, slogans, graphics, images, videos, photos, programs, Products and other content). Accordingly, without prejudice to the provisions of Article X D, any representation, reproduction, modification, misrepresentation and/or total or partial exploitation of the Website and/or Services and/or Products, by any means and on any support medium whatsoever, without YooSlim’s express and prior authorization, is prohibited and constitutes an infringement of copyright.

Likewise, any unauthorized exploitation of the Website and/or Services and/or Products shall incur the Webuser’s criminal and civil liability on the basis of the infringement of copyright.

The Webuser acknowledges and accepts that the access to the Website and/or the Services and/or the Products made available by YooSlim shall not imply any transfer or assignment of intellectual property rights (in particular, copyright) and other personality rights (right of image, respect to privacy) for the Webuser’s benefit.

The access to the Website and the Services and Products is exclusively limited to the Webuser’s private and personal use, under the conditions and restrictions defined in these GTU.

B. Distinctive signs

The trademarks, logos, company names, acronyms, commercial names, signs and/or domain names for YooSlim and/or its commercial names mentioned on the Website and/or the Products made available by YooSlim on the Website, constitute distinctive signs that may not be used without the owner’s express and prior authorization.

Accordingly, any representation and/or reproduction and/or partial or total exploitation of these distinctive signs is prohibited and constitutes a trademark infringement, usurpation of the company name, commercial name and domain name incurring the offender’s civil tortuous liability.

C. Hypertext links

YooSlim shall not be held liable for the hypertext links accessible on the Website and/or in the context of the Services, to other websites and generally, to any existing Internet resources.

The Webuser may under no circumstances setup hypertext links to unrelated pages on the Website, enabling access to Services and by any technical means intended to circumvent the Client’s login details or to recuperate all or part of the content of the Services made available by YooSlim.

The "framing" technique is prohibited, unless express and prior authorization has been received from YooSlim.

D. Database

The Webuser irrevocably acknowledges that the Website and Services, including the structure and/or the scheduling of the Products, are compiled in one or several databases made available to the Webusers by YooSlim as the producer of said databases.

Accordingly, the Webuser undertakes not to proceed with the following:

  • extract by continuous or temporary transfer all or a substantive qualitative or quantitative part of the content of one or several databases accessible on the Website and/or the Services, including the structure and/or scheduling of Products, on another support medium, by any means and in any form whatsoever, including for use or consultation by a media and/or a process unauthorized by YooSlim;
  • reuse, by the availability to the public of a substantive qualitative or quantitative part of the content of one or several databases accessible on the Website and/or the Services, including the structure and/or the scheduling of the Products, regardless of the form, including by a hypertext link, media and/or any process(es) that have not been authorized by YooSlim;
  • the constitution, edition, maintenance, update, import, export, availability to third parties, gratuitously or in return for remuneration, and the participation in the aforementioned actions, of a competitor database resulting in full or in part from one or several of YooSlim’s databases;
  • the visualization on a screen by another process or media than that on which YooSlim intends to disclose the Website and Services, including the structure and/or scheduling of Products;
  • generally, any extraction, use, storage, reproduction, representation or retention, directly or indirectly, in full or in part, including on the buffer or temporary memory, of any substantive content, qualitatively or quantitatively, of one or several of YooSlim’s databases, using one of the processes mentioned above is strictly prohibited, including by a media that has not been authorized by YooSlim.
E. Service content

 

The Webuser acknowledges and accepts that the access to the Website and Services made available by YooSlim shall not imply any transfer or assignment of intellectual property rights (in particular, copyright) or any other rights for his benefit, with the exception of those mentioned in the terms and conditions of the GSC and the GTS.

The Webuser acknowledges and accepts that the private and personal use granted by YooSlim, for the access to its Services, excludes, in particular, any access to the Services with a view to the collective use of its content, reproduction, representation, resale, exchange, lease, transfer to a third party, modification, adaptation, correction, whether gratuitously or in return for remuneration, of all or part of the Website, Services, and their content.

 

 

XI. Personal Data Protection

The Webusers’ Personal Data shall be processed in accordance with YooSlim’s Privacy Policy, accessible by clicking here http://www.yooslim.com/en/shop/privacy/?language=en

XII. Assistance – Complaints

For any information, question, complaint of a technical nature or relating to the Services, the Client is invited to send his request to the following email address: contact@yooslim.com.

They may also contact YooSlim’s client service at the following number [•] (toll-free number) during the following days and times: from Monday to Friday, from 9:30 to 18:30 and Saturday from 9:30 to 13:30 (GMT +1), excluding public holidays.

XIII. Miscellaneous provisions

 

A. Correspondence - Proof

Unless specified to the contrary herein, the correspondence exchanged between YooSlim and the Webuser is mainly made by email.

The Webuser acknowledges and accepts that the information provided by YooSlim by email and/or the Services and/or the Website shall prevail.

The elements such as the time of receipt or issuance, and the quality of the data received shall prevail by priority as mentioned on the aforementioned supports or such as authenticated by YooSlim’s electronic procedures, unless the Webuser provides written proof to the contrary.

The information posted on the Website shall be considered as an original, in the same manner as a hand-written and signed paper version.

B. Integrality of the GTU

 

The GTU express the integrality of YooSlim’s and the Webuser’s obligations relating to the purpose thereof. If one of the parties fails to assert the non-compliance by the other party, to any one of the obligations referred to herein, it shall not be interpreted as a subsequent waiver for such obligation.

C. Partial invalidity

 

In the event whereby one or several stipulations hereof were to be considered as null, void or declared as such in accordance with a law, regulation following a final court decision with res judicata, the other stipulations shall remain fully applicable, unless the invalid stipulation(s) were substantive and, accordingly, their removal would jeopardize the contractual equilibrium.

D. Titles

 

In the event of a difficulty in interpretation between one of the titles of the clauses and one of the clauses, the titles shall be declared non-existent.

XIV. Applicable law and dispute resolution

 

1.

These GTU are subject to English law.

 

In the event of a dispute that may occur in relation hereto, the interpretation and consequences thereof or with any deeds, whether complementary or as a rectification thereto, the Webuser shall contact YooSlim as an attempt to reach an amicable solution. Any complaint made to YooSlim must be made in writing.

If no amicable agreement is reached, the Webuser may decide as follows:

1) To have recourse to an amicable mediation solution within a maximum period of one (1) year as from his written complaint filed by the Webuser with YooSlim either by referring, (i) to a mediator of his choosing, (ii) or to have recourse to an online dispute resolution system accessible at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage , it being specified that the mediation process proposed shall not be a prerequisite for the Webuser to refer the matter before the competent courts.

2) To refer his claim before the competent English courts.