TERMS OF USE

LEGAL TERMS

This website is the property of OCP Répartition, SAS (simplified joint stock company), with a capital of 26,805,000 Euros, registered under the number 388 698 201 with the RCS (trade and corporate register) at Bobigny, of which the registered office is at 2, rue Galien, 93400 Saint-Ouen, France, hereafter designated as “OCP CONNECT”. Tel: (33) 1 49 18 75 75.

OCP CONNECT pursues the activity of pharmaceutical wholesaling as defined by article R.5124-2 (5°) of the French Code of Public Health and as authorised by the General Director of the French Agency for the Safety of Health Products (A.F.S.S.A.P.S), of which the registered office is at 143-147, Boulevard Anatole France 93200 Saint-Denis, France.

• Executive editor: Nathalie DROUILLET-BURBAN.
• Managing editor: Sophie PASQUIER
• Pharmaceutical manager: Nathalie KUBRYK.
• The site is hosted by AKOA, Limited Company with a capital of 160,000 Euros, registered under the number 339 390 486 with the RCS at Nanterre, of which the registered office is at 121, rue du Château, 92100 Boulogne Billancourt, France. Tel: (33) 1 55 38 16 60

DEFINITIONS

Each of the specific expressions or terms employed in the present General Terms of Use has the precise sense given in the definitions below:

• Content: all information, given elements, or creations which appear on the website, under whatever form and on whatever support (notably, but non-exclusively, text, slogans, brands, photographs, logos, images, icons, layout, databases...).

• Internet: the entirety of the worldwide computer- and telecommunication-based networks allowing user access to content through servers.

• Website: the internet website accessible at the address www.ocp-connect.fr.

• The user’s personal use: personal use of content by the user him or herself, without allowing that the user should cede that content to any third party, or allow any third party to benefit from that content.

• User: any person or legal entity who uses or accesses the different services and contents available on the present website, and notably by posting comments.

• Cookie: file recorded on the user’s hard-drive when connecting to the website allowing tracking of how the user accesses pages on the website, the time of access, and the number of pages viewed.

• Hypertext link: referencing mechanism located in, or produced by, any content (source) allowing direct access to some other content (target). The mechanism notably allows immediate passage from a sign contained in one webpage to another webpage, wherever it may be localised on the network.

• Comment or Message or Post: text message from a user or moderator which may comment on an article or constitute a reply to some other message.

• To post: to send a comment or message or post in view of its publication on the present site.

• Personally identifiable information: information allowing, under any form and whether directly or indirectly, the identification of any person to whom it applies.

• OCP CONNECT: a service offer dedicated to the pharmaceutical industry on the part of the OCP Group. OCP CONNECT accompanies pharmaceutical companies in the achievement of their objectives with respect to retail pharmacies, from strategic recommendations to concrete operational processes. OCP CONNECT employs a unique consulting approach of strategy – consulting – action to ensure optimal performance for the industry’s products in retail pharmacies. OCP CONNECT’s major assets are: expert knowledge of the retail pharmacy sector, an excellent capacity for targeting, the creation and realisation of individually tailored solutions, and outcome measurement of actions taken.

The object of the present general terms of use is to define the modalities and conditions under which OCP CONNECT provides access to the website and to specify the rights and responsibilities of users.

BY ACCESSING THIS WEBSITE, THE USER RECOGNISES AND AGREES TO THE PRESENT GENERAL TERMS OF USE WITHOUT RESERVE.

OCP CONNECT retains the right to any modification which it deems necessary of the present general terms of use at any time and without prior notification. The user is therefore required to consult on a regular basis the updates of the conditions governing use of the website.
Should, at any time, OCP CONNECT not avail itself of any condition whatsoever within the present general terms of use, this does not constitute a renunciation of its right to avail itself of any of these conditions whatsoever at any ulterior date.

PRESENTATION OF THE WEBSITE

CONDITIONS OF ACCESS

a) Website availability:

The website is accessible 7 days a week, 24 hours a day, save by absolute necessity (“force majeure”) or in the case of difficulties resulting from the structure and operation of telecommunication networks.
Nevertheless, in reason of necessary maintenance to ensure the correct operation of the website, OCP CONNECT retains the right to interrupt momentarily access to the website and its services, and will take the necessary steps whenever possible to give prior warning to users.

b) Inherent limitations of the Internet:

The user recognises that he or she is fully informed of the intrinsic characteristics of the Internet and notably that the transmission and download of data on Internet is subject to a relative degree of reliability as such data circulates on heterogeneous networks with varying characteristics and capacities, which can become saturated at certain times of day in such a way as to impact the access time to any data.
OCP CONNECT cannot therefore be held responsible for any such difficulties encountered when consulting data, or for possible interruptions of network services.

The user has sole responsibility for the choice of computer equipment allowing him or her access to the website. As computer viruses can be in circulation on the Internet, the user should take all possible measures to protect his or her equipment (hardware, software) from such viruses and hereby discharges OCP CONNECT from any responsibility for any viral contamination of his or her system, for any loss of data, or for any damage resulting from access to the website.

c) Extent of the service provided:

The range of content available on the website is given in the site map situated on the homepage of the website.
OCP CONNECT reserves the right to modify the website, the content, and its service offer temporarily or permanently, or to discontinue the service or the website, without prior warning.

d) Posting a comment
The present website also allows the user to post comments on different articles and also messages destined for the editors or writers of the website who can provide him or her with a direct reply by e-mail.

All data, information, or texts in user messages are the sole responsibility of the user. In no case can OCP CONNECT be held responsible for their contents.
It is specified that only messages containing uniquely text can be published. Comments or messages containing (notably but non-exhaustively) sound files, images, videos, or executable programs can, at the editor’s discretion, be either refused for publication or published text-only without such additional elements. The same condition applies to messages containing hypertext links, trackbacks or any kind of link towards any Internet website.
The executive editor of the present website also reserves the right to modify or to refuse the publication of any messages that do not conform to the present general terms of use.

Comments cannot be used to disseminate contents contrary to common decency, to public order, to the rights of other parties, or to the laws and regulations in force, and notably:
- remarks or comments of a defamatory, injurious, obscene or offensive character, or making reference to illegal activities under any form whatsoever ;
- abuse of the freedom of speech, such as remarks consisting of systematic or non-objective criticism and also remarks of a denigratory or malevolent character;
- contents of a violent or pornographic nature or that might constitute an attack on the respect for or dignity of human persons, on the equality between men and women, or the protection of children and adolescents;
- remarks or comments inciting the commission of crimes and misdemeanours, suicide, violence, acts of terrorism, discrimination, or racial hatred;
- remarks or comments liable to prejudice the rights, the reputation, the private life, or the image of any third party (whether a human individual or a legal entity);
- remarks containing false or misleading information, or containing information edited in such a way as to alter its sense;
- usurpation of an individual or corporate name;
- partial or complete reproduction of contents protected by intellectual property laws for which the user does not retain the rights, and likewise for messages which constitute the counterfeit of a registered trademark or proprietary brand.
Users may not employ such messages for the ends of publicity, prospection, soliciting, or proselytism; or for professional, commercial, marketing, advertising, or political ends.  
Likewise, users may not incorporate in such messages any element, and notably software or malware that – notably but non-exhaustively - is liable to damage OCP CONNECT’s computer system (or that of its partners) and/or that of any other user, or to allow unauthorised access to confidential information, to other Internet sites, or generally to misappropriate the website.
Users are deemed responsible for taking necessary and sufficient provisions to protect the equipment (hardware and software) they employ to access and use this website against any virus, malware, or intrusion by any third party.

The user guarantees OCP CONNECT, its Direction, agents, and partners against all complaints, claims, and legal actions engaged by any third party that result in any manner from the contents of the user’s messages or remarks posted on the present website.
To this end, the user undertakes to compensate in full OCP CONNECT, its Direction, agents, and partners, for any charges incurred in the resolution of any litigation or legal action (bailiffs’ and lawyers’ fees...) and to take in charge the full sum of any resulting conviction (damages, eligible costs, penalties...). The user also undertakes to ensure any negotiations with the plaintiff and to discharge in full any agreed compensation to which the plaintiff is or becomes entitled.

PROTECTION OF PERSONALLY IDENTIFIABLE INFORMATION

OCP CONNECT may receive personal information concerning users whenever they post a comment on the website or leave a message for the website’s editors in view of an exchange.
This information is recorded by information systems and employed by the relevant departments of OCP CONNECT.
This information can also be used to statistical ends, or to provide personalised services to users.

In compliance with the French law n°78-17 of the 6th of January 1978 on computer-based personal information, users have the right to access, modify, rectify, and suppress any data which concerns them by writing to the following address: DEPARTEMENT ACHAT TRADING - OCP REPARTITION, 2 rue Galien à Saint-Ouen (93587). The user can, for legitimate reasons, block any use of such personal information.
Thus, the user has an inalienable right to require rectification, completion, clarification, or suppression of information concerning him or her that is imprecise, incomplete, equivocal, outdated or for which the collection, use, transmission, or conservation is prohibited.

In accordance with the law, OCP CONNECT takes every possible measure to ensure the security of the information it collects. Nonetheless, the user is advised that information circulating on the Internet can be misused without OCP CONNECT’s knowledge or connivance.

COOKIES AND STATISTICS

OCP CONNECT uses a cookie-based identification system. Information thus obtained is in a global form. This technology and the information gathered are intended to help OCP CONNECT improve the quality of its website.
OCP CONNECT uses the audience measurement tool Web Trends provided by AKOA, whose registered offices are at 121, rue du Château, 92100 Boulogne Billancourt, France.
These cookies record navigation information concerning visitors’ computers but do not under any circumstances allow the collection or identification of their personal data.
This allows us to establish a full analysis of traffic on the website. Navigation statistics allow us to improve the detection of problems encountered on the site, and particularly with respect to security. No individual profiles are kept.
OCP CONNECT keeps statistical information strictly confidential and undertakes not to communicate such information to third parties other than the service providers responsible for statistical analysis and site maintenance.
Any information processed by an external service provider for the internal use of OCP CONNECT will be treated in the strictest confidentiality, and will under no circumstances be commercialised.
Users can block cookies by configuring their browsers accordingly. Disablement or suppression of cookies can nonetheless block or impede certain of the present website’s functions.

INTELLECTUAL PROPERTY

The contents of this website are and remain the exclusive property of OCP CONNECT.
The user is required to respect strictly and scrupulously the intellectual property rights of OCP CONNECT and to forego any use, reproduction, adaptation, transformation, or extraction of part or all of the contents, brands, or logos appearing on the website, or to record or transfer this contents on any electronic medium whatsoever. Only paper-based printing for personal use is authorised.
Non-compliance with the aforementioned ban can constitute an act of counterfeit and renders the perpetrator liable to pursuit by the competent courts of law.

Users consent expressly and freely to the reproduction or representation of their messages by OCP CONNECT by any means of electronic communication throughout the world and for the entire duration of the legal protection of these comments.

HYPERTEXT LINKS

OCP CONNECT forbids the posting or creation of any hypertext link, whether simple or deep.
However, exceptionally and under certain conditions, OCP CONNECT can authorise any human individual or legal entity that is the owner or proprietor of an Internet site or other health-related resource to mention the site and to place a hyperlink text indicating the address of that site. In such cases, express written authorisation must be obtained from DEPARTEMENT ACHAT TRADING - OCP REPARTITION, at the following address: 2, rue Galien, 93587, Saint-Ouen, France.

OCP CONNECT offers links from its website to other, independent sites over which OCP CONNECT has no direct control. The presence of such links should not be considered as constituting a partnership of any kind between OCP CONNECT and these independent sites and the companies to whom they belong. OCP CONNECT thus declines all responsibility for the content, products, or services offered by these sites, which remain the sole responsibility of their legally-determined operators.

LIABILITY

The object of the present website is to promote public access to information concerning the activities of OCP CONNECT.
Notwithstanding, the information, data, and statistics given on the website should not be taken as exhaustively complete, precise, and up-to-date, OCP CONNECT being bound solely by a best-effort  undertaking with respect to such content.

As it is unavoidably possible that certain contents on the website might have been created or structured in files and formats not exempt from error, OCP declines all responsibility for any inconvenience resulting from the use of this website and of any exterior website to which OCP CONNECT provides a link.

OCP CONNECT can under no circumstances be held responsible for any indirect damages arising from the use of the website or of its contents and, notably, any commercial or financial loss, loss of clients, brand reputation, or profits, or any commercial prejudice, or any legal action on the part of any third party.
If under any circumstance and for whatever reason the responsibility of OCP CONNECT is nonetheless established with respect to some user, the sum total of any compensation and/or costs which can be placed at the charge of OCP CONNECT cannot exceed 500 (five hundred) Euros.

CHOICE OF JURISDICTION

Any difference or dispute bearing on the validity, the interpretation, or the execution of the present general terms and conditions of use will be brought before the competent courts in Paris, France.