Legal

These General Terms and Conditions of Use of the Website (hereinafter the “GTCU Website”) are those of the company Safety Observer registered in the Lons-le-Saunier Trade and Companies Register under number 798 692 018, having its registered office at Hameau de Vaucluse in Saint-Claude (39200), represented by Mr. Thierry Hamard (hereinafter “SAFETY OBSERVER”).

Phone: +33 676 23 20 48
Email: contact@safetyobserver.com
SAFETY OBSERVER operates a monthly regulatory intelligence report intended to Pharmacovigilance and Drug Safety professionals.
These reports (hereinafter “Reports”) are sold in the form of quarterly or annual subscriptions which can be purchased on the website www.safetyobserver.com (hereinafter the “Website”).
These GCU govern the use of the Website. They apply between SAFETY OBSERVER and any person who visits the Website.
Any access to the Website implies consultation and full, prior and unreserved acceptance of the GTCU Website.
Consequently, any visitor of the Website acknowledges that he/she is fully aware of the fact that his/her agreement to the content of these GTCU Website does not require the handwritten signature of this document, insofar as he/she wishes to access the Website online.

1. Definitions

Terms with a capital letter in these GTCU Website have the meaning indicated below. When used without a capital letter, they have the meaning used in everyday language.
“GTCU Website” means this contract.
“Parties” means SAFETY OBSERVER and a Visitor together.
“Visitor” means any person who visits the Website whether or not he as an account.
“Website” refers to the online sales Website www.safetyobserver.com.

2. Purpose

The purpose of these GTCU Website is to govern the rules for use of the Website.
Access to and use of the Website are subject to the Visitor’s prior, full and unreserved reading and acceptance of the GTCU Website.
Any person accessing the Website is deemed to have accepted the GTCU Website without reservation.

3. Duration

The GTCU Website apply each time the Visitor accesses the Website and for the duration of this access.

4. Website Access

The Website is accessible free of charge to any Visitor having internet access. The costs arising from the equipment (computer, telephone, software, means of telecommunication…) allowing the Website access are payable only by the Visitor, as well as the telecommunication costs arising from their use.
The Visitors are solely responsible for the good functioning of their computer equipment as well as their internet access.

5. Availability of the Website

The Website is not hosted by SAFETY OBSERVER but by a third-party provider, a professional host specially chosen for its know-how, its reputation and its commitments in terms of data security. SAFETY OBSERVER remains free to use any other service provider of its choice at any time without this being considered as a modification of the conditions of execution of these GTCU Website.
SAFETY OBSERVER uses its best efforts to offer an availability of the Website approaching as much as possible an availability 24 hours on 24 and 7 days on 7. Any Visitor acknowledges and accepts that this is only an obligation of means for SAFETY OBSERVER so that the Website may experience periods of temporary unavailability, at any time of day.
SAFETY OBSERVER draws the attention of the Visitor to the fact that:
– access to or use of the Website may be interrupted or slowed down for any reason beyond SAFETY OBSERVER’s control, in particular in the event of regional or global saturation of the Internet network, or of the server centre of the hosting provider;
– occasional interventions for the maintenance of the Website and the correction of anomalies may lead to momentary interruptions.
The maintenance operations may be made without prior notice to the Visitors.

6. Changes to the Website

SAFETY OBSERVER is free to modify the Website at any time without prior notice. In particular, SAFETY OBSERVER may need to adapt the Website to the technologies and standards used on the Internet.
These evolutions may make it necessary to update the Visitor’s web browser. SAFETY OBSERVER may not be held responsible for malfunctions in access to the Website in the event of failure by the Visitor to update.

7. Obligations regarding the use of the Website

Any Visitor undertakes to access the Website and to use the services and functionalities it contains, in particular via its Account if he has one, in accordance with their purpose and any applicable regulations and in compliance with these GTCU Website and any rules of use communicated or made accessible by SAFETY OBSERVER, in particular by way of posting, publication or notification on the Website.
In particular, the Visitor shall refrain from:
– copy, reproduce, modify, create derivative works from, distribute or disclose to the public any content of the Website without the express prior written consent of SAFETY OBSERVER or, where appropriate, that of the third parties concerned;
– disrupt or attempt to disrupt the proper functioning of the Website or the activities that take place on it;
– circumvent the protocols of exclusion of robots or any other measure used to prevent or limit access to the Website;
– visit or use the Website if he’s not legally capable of entering into contracts, are under the age of 18, or if their access has been denied or suspended temporarily or indefinitely;
– distribute viruses or other technologies that may harm SAFETY OBSERVER or the interests or property of other Clients or any third party;
– copy, modify or distribute content from the Website, SAFETY OBSERVER’s copyrights and trademarks;
– collect in any way whatsoever information about other Clients, including e-mail addresses, without their consent;
– use bots, spiders, scrapers or any other automated process to access the Website for any purpose without the express prior written consent of SAFETY OBSERVER;
– to conduct data mining on the Website without the prior written consent of SAFETY OBSERVER.
Any Visitor who fails to comply with any of the above obligations shall be solely responsible for any resulting harmful consequences.
In case of violation of any of the above obligations by the Client, the GTCU Website shall be either suspended or terminated, at SAFETY OBSERVER’s discretion.

8. Hypertext links

The Website may contain hypertext links to other websites. To the extent SAFETY OBSERVER has no influence on the content of these websites, it cannot be held liable for the availability of these resources, neither for their accessibility or their content.

9. Intellectual property

SAFETY OBSERVER is and remains the owner of the Website and of all its constituent elements.
SAFETY OBSERVER is and remains consequently the owner of all intellectual property rights on the Website and on elements which compose it, whatever their nature, as well as of all its savoir-faire as a Website publisher.
These elements are protected by intellectual property laws and others, including copyright.
The access to the Website does not confer any intellectual property right whatsoever to Visitors on the Website or on the elements composing it.
Any use or exploitation of the elements of the Website made in contravention of these GTCU Website may give rise to the exercise of any appropriate action at the initiative of SAFETY OBSERVER, including the exercise of an infringement action.
Any total or partial reproduction of the Website and/or elements thereof by any means whatsoever, without the express permission of SAFETY OBSERVER is therefore prohibited and would constitute an infringement punishable by articles L. 335-2 and following of the French Intellectual Property Code.

10. Personal data

SAFETY OBSERVER is led to collect and process personal data concerning the Visitors within the framework of the operation of the Website.
These processing operations are carried out in accordance with the applicable legislation and in particular the European Regulation 2016/679 of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (GDPR) and the French law of 6 January 1978 “Informatique et Libertés”.
These processing operations are explained in the SAFETY OBSERVER Privacy Policy accessible on the Website under the following link: Privacy Policy.

11. Editorial responsibility

SAFETY OBSERVER assumes editorial responsibility for the Website in accordance with the provisions of the French law on confidence in the digital economy n°2004-575 of 21 June 2004.
In this respect, SAFETY OBSERVER makes available herewith to Visitors of the Website, information enabling its identification and that of the director of the publication:
The publisher of this website is the company Safety Observer (S.A.S. au capital de 5 000 €) registered in the Lons-le-Saunier Trade and Companies Register under number 798 692 018, having its registered office at Hameau de Vaucluse in Saint-Claude (39200), France and represented by Mr. Thierry Hamard.
Phone: +33 676 23 20 48
Email: contact@safetyobserver.com
VAT number : FR 11798692018
Director of the publication : Thierry Hamard

Website hosting :
Hosting service provider : LWS (Ligne Web Services)
Adress : 10, RUE PENTHIEVRE, 75008 PARIS
Website : www.lws.fr
Phone : +33 177 62 30 03

12. Force majeure

SAFETY OBSERVER shall not be liable if a breach of any of its obligations is the result of a case of force majeure within the meaning of article 1218 of the French Civil Code and the case law of the Cour de cassation.
The Parties agree in particular that the following events, without this list being exhaustive, shall be deemed to be cases of force majeure: acts of war, acts of terrorism, riots, labour disputes, internal and external strikes, lock-outs, natural or health disasters, fire, water damage, lightning, legal or governmental restrictions, acts of administrative, governmental or judicial authorities not attributable to the fault of the defaulting Party, lack of energy supply, partial or total stoppage of the Internet or any communication networks.

13. Suspension of access to the Website

Without prejudice to any damages that SAFETY OBSERVER may seek, SAFETY OBSERVER reserves the right to suspend a Visitor’s access to the Website, in whole or in part, without notice or compensation, in the event of non-compliance by the Visitor with these GTCU Website.

14. Modification of the GTCU Website

SAFETY OBSERVER may change the GTCU Website at any time. It is advised to any Visitor to refer regularly to the latest version of the GTCU Website. In the event of any change, the applicable General Conditions are those in force on the day of the visit of the Website by the Visitor.

15. Waiver

The fact that either of the Parties does not claim the application of any clause of the GTCU Website or acquiesces to its non-performance, whether permanently or temporarily, would not be interpreted as a waiver by that Party of its rights resulting from the said clause.

16. Partial nullity

Cancellation or invalidation of one of the provisions of the GTCU Website shall not generate cancellation or invalidation of the whole GTCU Website, unless the disputed provision can be considered, in the Parties minds, as substantial and decisive, or if the cancellation or invalidation calls into question the general balance of the GTCU Website.

17. Jurisdiction attribution and applicable law

The GTCU Website are governed by French law.
Any dispute or litigation arising from the validity, interpretation and/or performance of these GTCU Website must first be the subject of an attempt at amicable resolution.
If this attempt is unsuccessful within 60 days of the complaint made by a Visitor, then the French courts will be competent to hear the dispute and the provisions of common law arising from the French Code of Civil Procedure will be applicable.
In the event of a dispute between SAFETY OBSERVER and a professional Visitor, acting as such, jurisdiction to hear this dispute is attributed to the competent courts of the place where SAFETY OBSERVER’s head office is located.