GTS

General Conditions of Sale ("GCS") Loxamed - digital concierge service for the transformation of foreign health pass into european health pass

The present general terms and conditions of sale, including the attached mandate, are applicable from February 25th, 2022.

They form the contract (the « Contract ») between LOXAMED (a simplified joint stock company with a capital of 1,000 euros, registered in the Lorient Trade and Companies Register under the number 887 672 137, whose registered office is located at 256, rue Nicolas Coatanlem – 56850 Caudan) (« LOXAMED ») and the Customer, which governs the delivery by LOXAMED to the Customer of the concierge service for the conversion of the Customer’s foreign healthcare pass into a European healthcare pass.

This document alone forms the Agreement to the exclusion of all others. LOXAMED and the Customer are hereinafter referred to individually as a « Party », and collectively as the « Parties ».

 

Preamble

The Customer wishes to transform his foreign health pass into a European health pass by using the service offered by LOXAMED via its website www.vaccinepass.loxamed.com (hereinafter the « Site »)

The Parties have therefore come together and agreed on the following:

 

1. LOXAMED’s services and prices

1.1 LOXAMED’s services include (hereinafter the « Service »):

PHASE 1. The reception on the Site of the documents listed on the Site, allowing the study of the Customer’s file by an authorized health professional;

PHASE 2. The sending to the Customer by e-mail of an opinion of an authorized health professional on the feasibility of the transformation of his foreign health pass into a European health pass;

PHASE 3. If feasible, the transformation of the foreign health pass into a European health pass by an authorized health professional and its sending to the Customer by e-mail.

 

1.2 The total price of the Service is 54 euros including VAT, i.e. 45 euros excluding VAT, plus 9 euros VAT at the legal rate of 20%.

It is understood that an amount of 36 euros including VAT, i.e. 30 euros excluding VAT, in addition to the VAT of 6 euros at the legal rate of 20%, will be reimbursed to the Customer as soon as possible if PHASE 3 is not feasible, i.e. if the Customer’s foreign health pass cannot be transformed into a European health pass.

 

2. Deadline

The delay for sending the feasibility opinion to the Customer and, if positive, the European Health Pass, once LOXAMED has all the required documents on the Website, legible and usable, up to date, in force and in due form, is of the order of seventy-two (72) hours. It may take up to eight days in the event of a particular situation.

 

3. Major/minor customer

Only an adult (18 years or older) may order the Service.

In the case of the transformation of a minor’s health pass, only one of his or her parents, duly authorized, may use the order on the Site.

 

4. Withdrawal – Cancellation

Insofar as the Customer has wished to have access to and benefit from the Service immediately and has waived his or her right of withdrawal by checking the box provided for this purpose on the Site, the Customer has no right of withdrawal or cancellation.

 

5. Terms of payment

The payment of the above price is made online on the Site. The Customer will receive an invoice which will be sent to him by e-mail.

 

6. Warning and incident handling system

6.1 The Customer must inform LOXAMED without delay, using the following telephone number and e-mail alert: 0806 142 000 (toll free number) and conciergerie@loxamed.fr, in the event of an incident or problem of any nature affecting the proper functioning of the Service.

LOXAMED will address the incident or problem within a maximum of seventy-two (72) hours from the receipt of the alert.

LOXAMED will then deploy any corrective solution as soon as possible and keep Customer informed.

6.2 As the Website is operated by hardware and software, Customer is advised that the Website may experience failures, malfunctions and bugs causing total or partial downtime or slowdown. Corrective and evolutionary maintenance operations may also be implemented that may disrupt their operation. The Customer is also informed that they depend on the proper functioning of the Customer’s hardware and software, third party hardware and software, as well as the Internet, electrical and telecommunication networks, for which LOXAMED is in no way responsible.

 

7. Intellectual Property

The Customer shall not be entitled to any rights, in particular intellectual or industrial property rights, on any knowledge whatever the medium, whether it is protected by private titles (patents, trademarks, domain names, drawings, models, plans, models…), or by private rights (software, design, databases…), or whether it is not protected by private rights. ), or that it cannot be protected by proprietary rights or titles (know-how, algorithms, unpatented creations, etc.) belonging to LOXAMED or owned by LOXAMED (or its service providers, as the case may be), and which has been communicated to LOXAMED or to which LOXAMED has access in the performance of the Agreement.

 

8. Force Majeure

8.1 Neither Party shall be liable for any breach of its obligations if such breach is due to force majeure within the meaning of Article 1218 of the French Civil Code (to which are assimilated, with respect to the legal effects below, acts of God and acts of third parties). The Party invoking such an event shall, as soon as possible after its occurrence:

  • notify the other Party of the nature and gravity of the force majeure event; and
  • use its best efforts to terminate the cause of the Force Majeure and resume performance of the affected obligations as soon as possible and perform all acts reasonably possible to mitigate the effects of the Force Majeure.

8.2 The time for performance of an obligation affected by force majeure shall be extended for a period equal to the time lost due to such event. If the force majeure event lasts for more than eight (8) consecutive days, the Party not affected by the force majeure event may terminate the Contract by operation of law upon notice to the other Party.

 

9. Liability – Insurance

In all cases, LOXAMED’s liability for fault or negligence in the performance of the Service is limited to the amount paid by the Customer.
The occurrence of a case of force majeure, as defined above, is exonerating LOXAMED from liability.
In addition, LOXAMED cannot be held responsible for any change in health regulations or any decision of a public authority, whether in the Customer’s country of origin, in France and/or in the European Union, in particular if the health pass transmitted to the Customer after processing was suddenly no longer valid.
LOXAMED is insured for its professional liability.

 

10. General Data Protection Regulation (GDPR)

10.1 Customer’s personal administrative data: The personal data that the Customer and any family members (hereinafter the « Persons ») have communicated to LOXAMED (such as their surname, first name, telephone number and postal and e-mail addresses) are collected and processed in the context of the performance of the Contract for the purposes of management (operational, administrative, accounting, legal) and monitoring of the Contract. The data collected is processed in accordance with the personal data protection policy established by LOXAMED, in its capacity as Data Controller, which can be found on LOXAMED’s website www.loxamed.fr (Personal Data Protection section). This data will be kept in accordance with the provisions of the said policy. In accordance with the RGPD and the applicable legislation, the Individuals benefit from a right of access and of rectification of the information concerning them. They may request the deletion of the data or exercise their right to the limitation of their processing or to the portability of said data or object to the processing of the data, within the framework provided by the GDPR. If Individuals wish to (i) exercise any of these rights or (ii) obtain information about them or (iii) ask any questions about the processing of their data, they may send their request to the following address: contact@loxamed.fr. If, after having contacted LOXAMED, Individuals believe that their « Data Protection » rights have not been respected, they may file a complaint with the CNIL.

10.2 Customer’s personal health data: LOXAMED does not have access to the Customer’s personal health data which are transmitted on the Website and which are processed and stored by the only health professional involved. These personal health data are covered by the medical secrecy governing the relationship between the health professional and his patient.

 

11. Miscellaneous

11.1 Notifications. Any « notification » made under the Agreement must be written in French or in English and sent, as the case may be, to LOXAMED’s registered office or to the Customer’s domicile indicated by the Customer during the identification process. The notification must be made by registered letter with acknowledgment of receipt, express mail (e.g. CHRONOPOST or DHL) or hand-delivered mail. Notice shall be deemed validly given (a) in the case of notice by registered mail with return receipt, on the date the notice is first presented to the addressee and (b) in the case of notice by express mail or hand delivery, on the date the receipt is signed. In no event shall notice be given by fax or e-mail.

11.2 Assignment. Each Party shall not assign or transfer the Agreement or any rights or obligations hereunder.

11.3 Entirety and Modification. The Agreement represents the entire agreement of the Parties with respect to its subject matter and supersedes all communications and documents exchanged by the Parties prior to its execution. The Agreement may only be amended by a written amendment signed by the Parties.

 

12. Governing Law and Dispute Resolution

12.1 The Contract and all non-contractual obligations of the Parties shall be governed by French law.

12.2 In the event of a dispute arising in connection with the Contract (the « Dispute »): the Parties undertake first to use their best efforts to resolve the Dispute within ten (10) days of receipt of its occurrence. If, at the end of this period of conciliation, the Parties have not managed to find a definitive solution to the Dispute, it shall be submitted to the competent Court of the jurisdiction of the Court of Appeal of Paris.

 

APPENDIX: MANDATE

By accepting the Terms and Conditions, the Customer authorizes LOXAMED, in its name and on its behalf, to approach a health professional in order to

  • Have the documents communicated relating to the foreign health pass analyzed in order to establish an opinion on the transformation of the foreign health pass into a European health pass;
  • Where applicable, if feasible, proceed with the said conversion.