These general conditions of sale (hereinafter referred to as the « GTC") form the basis of the commercial relationship between the parties, in accordance with article L. 441-1 of the French Commercial Code.
They specifically set out the rights and obligations of the company UBIQUE TECH, a simplified joint-stock company with a capital of 1,163 euros, whose head office is located at 73 rue Léon Bourgeois, 91120 PALAISEAU, registered in the EVRY Trade and Companies Register under the number 842 606 873, represented by its President Mr. Ali AZADI (hereinafter referred to as « UBIQUE TECH") and the Customer, in the context of online sales, on the Website www.ubique.tech (hereinafter the « Website") of a product in the form of motion sensors linked to video games, aimed at improving occupational therapy sessions as part of the rehabilitation of children with cerebral palsy.
DESCRIPTION OF THE FUNCTIONING OF THE PRODUCT VIA THE WWW.UBIQUE.TECH SITE AND THE “HabilUp” APPLICATION
UBIQUE TECH manufactures sensation sensors which are inserted in Velcro pockets to be attached to the chosen joints (lower or upper limbs) during occupational therapy sessions (hereinafter the « Product").
These sensors will then connect via Bluetooth to a mobile device via an application called « UBIQUE KIDS » also published by UBIQUE TECH, dedicated to functional rehabilitation (hereinafter the « Application", downloadable on Android or iOS) allowing the Customer access different video games.
This Product was created for individuals and professionals specializing in brain rehabilitation for children.
Only individuals can purchase this Product on the www.ubique.tech Website.
The purchase of the Product and the subscription to a monthly Subscription (the terms of which are detailed below) will generate the automatic creation of a Customer Account on the Website, and will then allow the Customer to connect to the Application.
The combined use of the sensors and the Application via this Subscription will allow the Customer to make full use of the UBIQUE TECH game modules.
It is specified that these video games are created by UBIQUE TECH, which has a license on graphics from the company UNITY3D.
INTRODUCTORY ARTICLE. DEFINITIONS
« Application »: means the application called « HabilUp » published by UBIQUE TECH and downloadable by the Customer on the App Store and Google Play download platforms. It is understood that access to the Application is only possible for the Customer who has purchased the Product beforehand and who has subscribed to the corresponding Monthly Subscription from the Website;
« Subscription »: designates the monthly subscription formula to the Application offered by UBIQUE TECH on the Website, for the purpose of operating the Product;
« Customer »: designates the natural person who purchased the Product and subscribed to the monthly Subscription attached to it, from the Website, who, as a result of these purchases, has a Personal Account via the « My Account » section. »And having access to the Application on their mobile terminal. By these actions, the Customer has adhered to the General Conditions of Use accessible from the Website and the Application, and adheres to these General Conditions of Sale under the conditions set out in article 1 below;
« Order »: means each acquisition of a Product and a Subscription (together) by the Customer on the UBIQUE TECH Website, under the conditions provided for in these General Terms and Conditions of Sale;
« Delivery Time »: period between the date of Validation of the Order and the date of Delivery of the Order to the Customer;
« Delivery Costs »: cost of costs incurred by UBIQUE TECH to send the Product Order to the Delivery address indicated by

 

ARTICLE 1. OBJECT AND OPPOSABILITY OF THE GTCS

The purpose of these GTCS is to govern the sale of the Product and the Subscription from the Website www.ubique.tech, allowing the Customer to use the Product and access the linked mobile Application called "HabilUp" , present on iOS (IPhone, IPad, IPod Touch) and Android, as well as the various services present on these supports. sales of Products or Services, performed through the Company's websites, and are an integral part of the Contract between the Buyer and the Seller. They are fully enforceable against the Buyer who has them accepted before ordering.!
The Seller reserves the right to modify these, at any time by publication of a new version on its website. The applicable CGV then are those being in in force on the date of payment (or of the first payment in the case of multiple payments) of the ordered. These T & Cs can be viewed on the Company's website at the following address: _____. !
The Company also ensures that their acceptance is clear and unreserved by highlighting places a check box and a validation click. The Customer declares to have read all of these General Conditions of Sale, and if applicable of the Conditions Individual Sales related to a product or service, and accept them without restriction or reservation. !
The Client acknowledges that he has received the necessary advice and information in order to ensure that the adequacy of the offer to its needs. !
The Customer declares to be able to contract legally under French law or validly represent the natural or legal person for which it is committed. ! Unless proven otherwise, the information recorded by the Company constitutes proof of all transactions.!
UBIQUE TECH ensures that their acceptance is clear and without reservation by setting up a check box and a validation click. These GTC are thus fully enforceable against the Customer who has accepted them by checking this box before confirming the Order. The Customer declares to have read all of these GTCS, and to accept them without restriction or reservation.

 

ARTICLE 2. TERMS OF ORDERS

2.1. Placing Orders
In order to complete the Order, the Customer must follow the following steps: Go to the Website accessible at the following URL address: www.ubique.tech; Select one or more Product (s) on the Website and add them to your basket. The availability of the Product is indicated on the Website, in the corresponding description sheet; At the same time subscribe to the corresponding Subscription, access to the Application being strictly conditioned (otherwise, the Customer will not be able to fully exploit the functionality of the Product). When his Order is complete, the Customer can access his basket by clicking on the button provided for this purpose. In the event of prolonged inactivity during the connection, it is possible that the selection of the Product and the Subscription chosen by the Customer before this inactivity is no longer guaranteed. The Customer is then invited to resume his selection from the start.
2.2. Confirmation of the order
By consulting his basket, the Customer has the option of checking the detail of his Order (number of Products chosen, unit and overall price), and correcting any errors before confirming acceptance (including the choice of mode and location Delivery).
Before any Confirmation of the Order, he retains in particular the possibility of removing one or more Product (s) from his basket. The final recording of an Order on the Website is made when the Customer validates his Order after the aforementioned checks, proceeds to payment under the conditions of article 2.4 below, and accepts these GTCs by checking the box provided for this purpose.
2.3 Creation of a Personal Customer Account
When confirming the Order, the Customer is invited to create a Personal Account by providing the following information: surname, first name, email address, postal address, telephone number. A confirmation by email is then sent to him, in order to validate his Account. The terms of access and use of the Personal Account are detailed in article 3.1 of the General Conditions of Use. Once the Account is validated, the Customer can proceed to the payment of his Order in order to finalize it.
2.4. Payment by the Client
The Customer is invited to enter his delivery and billing details, then to make the payment for his Order on the secure payment interface partner of the Website, namely the company STRIPE (cf. https://stripe.com/ fr) accessible from the “Order” page of the Website. The details of this payment are given in article 3.2 below.
2.5. Order confirmation
UBIQUE TECH will confirm each Order to the Customer by sending a summary email, containing all the information relating to its content, including the terms of payment.

 

ARTICLE 3. PRICE - PAYMENT

3.1 Price
3.1.1 General
The prices applicable to the Product and the Subscription are those displayed on the Website on the day of the Order. These prices can be modified at any time by UBIQUE TECH. The prices displayed are only valid on the day of the Order. The prices indicated on the Website, relative to the Product and the Subscription, are understood in euros, all taxes included, and excluding delivery costs for the Product. For deliveries and services outside of French territory, the provisions of the General Tax Code relating to VAT will apply. In addition, in certain countries, delivery involves customs declarations, as well as customs fees and taxes not counted when ordering by UBIQUE TECH. These possible customs fees and taxes will remain the responsibility of the Customer. It will therefore be up to the Customer to inform himself upstream of the declarations, fees, customs duties and other costs applicable to the execution of his Order in the country of delivery. The latter will be entirely responsible. The telecommunication costs inherent in accessing the Website remain the sole responsibility of the Client.
3.1.2 Specifics of the Subscription
Subscription to the Subscription is mandatory in order to allow the Client to access the Application. By subscribing to the Subscription, the Customer agrees to a recurring payment of an amount defined during the initial Order and appearing on the Website. Only the cash payment of the Product AND of each maturity of this Subscription (under the conditions of article 3.2 below) will allow the Customer the full exploitation of the Product in accordance with the description referred to in the preamble. It is specified that the Subscription is concluded for an indefinite period with UBIQUE TECH, and this, from the payment of its first due date, which will only take effect from the date of receipt of the Product.
3.2. Payment terms
The Customer will provide their bank details from the secure platform "STRIPE", in order to settle the requested price for the Product and the Subscription. Payments will be made by secure transactions via UBIQUE TECH's partner "STRIPE". By subscribing to the Subscription, the Customer authorizes UBIQUE TECH to withdraw the amount corresponding to its monthly price from the bank account of which it indicates the contact details. The amount corresponding to the monthly subscription price will be automatically debited on the 1st of each month from the Customer's bank account, the first due date being debited upon receipt of the Product by the Customer.
3.3. Billing
3.3.1 For the Product
Once payment for the Product has been made, UBIQUE TECH will send the Customer, who already accepts it, an invoice relating to the Product, and this, by email to the email address provided when creating their Personal Account.
3.3.2 For the Subscription
As part of the Subscription, UBIQUE TECH will send the Customer an e-mail corresponding to the amount of the Subscription on the 1st of each month, by email to the email address provided when creating their Personal Account.
3.4 Payment upon order
All Orders are payable in cash. No shipment of Product will be made before receipt by UBIQUE TECH of the corresponding full payment. The Subscription will only become effective on the date of receipt of the Product (previously paid by the Customer) and payment of the first monthly payment. The Order will be considered effective after confirmation of the agreement of the bank payment centers. It is the Customer's responsibility to register and print their payment certificate if they wish to keep the bank details relating to the transaction.
3.5. Retention of title and time for making the Subscription available The Product and the Subscription sold remain the property of UBIQUE TECH until full...
3.5. Retention of title and time for making the Subscription available
The Product and the Subscription sold remain the property of UBIQUE TECH until full payment of their price, in accordance with this retention of title clause. The services included in the Subscription are accessible upon receipt by UBIQUE TECH of the perfect payment of the first monthly payment of the Subscription, which will occur from the date of receipt of the Product by the Customer. In the event that it is impossible to debit the amount of the Order, the Order will be canceled. In the event of non-payment or rejection of payment of a monthly installment of the Subscription, UBIQUE TECH will automatically suspend access to the Application during the time of the incident and until regularization by the Customer, which the Client acknowledges and accepts hereunder.

ARTICLE 4. DELIVERY OF THE PRODUCT - RIGHT OF WITHDRAWAL - CLAIM - TERMINATION OF THE SUBSCRIPTION

4.1. Mode and place of delivery
At the time of placing the Order, the Customer chooses one of the delivery methods of the Product offered by UBIQUE TECH. Once the Order has been validated under the conditions of article 2 above, the Customer receives electronically the confirmation of the shipment of his Order. The Product is delivered to the address indicated by the Customer when placing the Order. The Product can be delivered from France, Metropolitan France, DROM, POM, COM, Corsica, Andorra, Monaco, Switzerland and all other countries of the EU. In case of absence during delivery, a delivery notice is in principle deposited by the postal services or the carrier in the Customer's mailbox. In case of exceeding the deadlines provided by the carrier for the delivery of the package, the package will be returned to UBIQUE TECH, who will then contact the Customer for a possible reshipment at his expense. Without a response from the Customer within a reasonable time, UBIQUE TECH will reimburse the Product.
4.2 Delivery costs
The amount of the Delivery Fee depends on the amount of the Order and the delivery method chosen by the Customer. In any event, the amount of the Delivery Costs is indicated to the Customer before the Confirmation of the Order. The Delivery Costs indicated on the Site are understood in euros, all taxes included.
4.3. Delivery delay
The Customer can follow the progress of the processing of the Order in the space reserved for this purpose on the Website. UBIQUE TECH undertakes to deliver the Product to the Customer in Metropolitan France, DROM, POM, COM, Corsica, Andorra, Monaco, within a maximum of 30 working days from the date of the Confirmation of the Order of the Product and the Subscription. UBIQUE TECH undertakes to deliver the Product within a maximum of 20 working days from the date of the Confirmation of the Order of the Product and the Subscription. The Subscription will be effective upon receipt of the Product by the Customer and full payment of the first monthly installment. These deadlines may be increased, including with regard to the provision of the Subscription, without liability for UBIQUE TECH, due to the deadlines imposed by the subcontractors / partners to which UBIQUE TECH may appeal, in particular s '' acting on the graphical interface of the video games present on the Application (and its evolutions), as given under license by the company UNITY3D. Certain Order volumes (number of Products) are also likely to justify a delivery time greater than the times mentioned above. It will be expressly mentioned to the attention of the Customer during the Confirmation of the Order.
4.4 Delays in delivery
In the event of late Delivery, the Order will not be canceled. UBIQUE TECH will inform the Customer by email that delivery will take place with delay. The Customer may then decide to cancel the Order and will send by registered letter with acknowledgment of receipt to UBIQUE TECH a notice of cancellation of the Order. In the event that the Order has not yet been dispatched upon receipt by UBIQUE TECH of the Customer's notice of cancellation, delivery of the Product is blocked and the Customer is reimbursed for any sums debited within thirty (30) days following receipt of the cancellation notice. In the event that the Order has already been dispatched upon receipt by UBIQUE TECH of the Customer's notice of cancellation, the Customer may still cancel the Order by refusing the package. UBIQUE TECH will then reimburse the amounts debited and the return costs paid by the Customer within thirty (30) days of receipt of the return of the refused package, complete and in its original condition.
4.5 Verification of the Order upon delivery / Complaint
The Customer is required to check the condition of the packaging and the Product upon delivery. It is up to the Customer to express the reservations and complaints it considers necessary, or even to refuse the package, when the package is manifestly damaged on delivery. The said reservations and complaints must be sent to the carrier by registered letter with request for acknowledgment of receipt within three working days, not including public holidays, following the date of delivery of the Product. The Customer must also send a copy of this letter to UBIQUE TECH. Failure to make a claim within the aforementioned period will extinguish any action against the carrier in accordance with article L. 133-3 of the Commercial Code. The Customer must ensure that the Product delivered to him corresponds to the Order. In case of non-compliance of the Product in kind or in quality with the specifications mentioned in the delivery note, the Customer must inform the customer service relating to the purchase of the Product and the Subscription, accessible directly in the "Contact" section. of the Site or by post to the address indicated at the head of these GTC and recalling the reference and the date of the Order. In the event of a technical difficulty in connection with the operation of the Product and the Application, technical assistance has been set up with access during the following periods from Monday to Friday from 9 am to 6 pm, at the following number: +33 80 50 11 169 (cost of a normal call, the costs of which remain payable by the Customer).
4.6. Withdrawal
4.6.1 Conditions for exercising the right of withdrawal
Concerning the Products and the Subscription service marketed on the Website, it is provided for by the legal provisions in force (article L.221-18 and s. Of the Consumer Code), in terms of distance selling, that the Customer has a period of fourteen (14) clear days from the date of delivery of the Product (which is the date of conclusion of the Subscription), to exercise their right of withdrawal, without having to justify reasons or pay penalties, except, where applicable, return costs. The decision to withdraw must be notified to UBIQUE TECH by email at contact@ubique.tech, or by registered letter with acknowledgment of receipt to UBIQUE TECH, at the address mentioned at the beginning of this document. UBIQUE TECH will send the Customer an acknowledgment of receipt of said withdrawal as soon as possible by email.
4.6.2 Effects of the right of withdrawal
The Customer must return or return the Product to UBIQUE TECH at the latest, within fourteen (14) days following the communication of its decision to withdraw. When the right of withdrawal is exercised, UBIQUE TECH is obliged to reimburse the Customer for all of the sums paid, as soon as possible and at the latest within fourteen days of receipt by UBIQUE TECH of the request for exercise of the right of withdrawal by the Customer, and if the Product concerned has been received by UBIQUE TECH during this period.
However, in accordance with paragraph 2 of article L221-4 of the Consumer Code, this reimbursement period is deferred until the product is recovered by UBIQUE TECH or until the Customer has provided proof of the shipment of the product concerned, at the earliest of the two events.
If applicable, UBIQUE TECH makes the reimbursement using the same means of payment as that used by the Client for the initial transaction, unless expressly agreed by the Client for the use of another means of payment and insofar as the reimbursement does not incur any costs for the Client. The costs of returning the Product remain the responsibility of the Customer, and the transport of the products thus returned is the responsibility of the Customer. The Product concerned must be returned: properly protected, in its original packaging, accompanied by any accessories, instructions for use and documentation, labels, in perfect condition for resale (undamaged, damaged or soiled); accompanied by the sales invoice so as to allow the latter to identify the Customer (Order number, last name, first name, address); without the Product having obviously been the subject of a durable use (beyond a few minutes) that is to say, provided that the Product does not bear the mark of prolonged use beyond time necessary for its test and is in a state allowing its resale. The Customer is only liable for the depreciation of the Product resulting from manipulations other than those necessary to establish the nature and characteristics of this Product. 4.7. Termination of the Subscription The Subscription is taken out without obligation. The Customer is thus free to terminate his Subscription at any time, without condition of reason. To terminate his Subscription, the Customer will notify his request by email to contact@ubique.tech, or by registered letter with acknowledgment of receipt to UBIQUE TECH, at the address mentioned at the top of this document. The termination of the Subscription will take effect the month following its request. From the month following the termination request, UBIQUE TECH will stop direct debits from the Customer's bank account, and the Customer will no longer have the possibility of accessing the Application via the Product and therefore of using the Product in accordance with its detailed description in the preamble.

 

ARTICLE 5. GUARANTEES

5.1 GUARANTEES OF UBIQUE TECH
UBIQUE TECH is subject to the conditions of legal guarantees provided for in articles L. 217-4, L. 217-5 and L. 217-12 of the Consumer Code and in articles 1641 and 1648 of the Civil Code.
5.1.1 Guarantee of conformity (Articles L. 217-4 et seq. Of the Consumer Code)
Under this legal guarantee, the Customer: has a period of 2 years from the delivery of the Product to act; may choose between repairing or replacing the Product, subject to the cost conditions provided for in article L217-9 of the Consumer Code.
UBIQUE TECH undertakes, if the Product ordered by the Customer has a lack of conformity existing at the time of delivery, either to replace the product with an identical product, or to exchange the product for a product of equivalent quality and price, either if the first two solutions are impossible, to reimburse the price of the product within thirty (30) days of his request (Article L.217-10 of the Consumer Code) using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for the use of another means of payment and insofar as the reimbursement does not incur any costs for the Customer.
5.1.2. Guarantee against hidden defects and defects (articles 1641 and following of the Civil Code)
As part of the warranty for defects in the item sold, UBIQUE TECH, at the option of the Client, undertakes, after assessment of the defect: either to reimburse him the full price of the returned Product; either to reimburse him a part of the price of the Product if the Customer decides to keep it. Reimbursement must take place within thirty (30) days of his request using the same means of payment as that used by the Customer for the initial transaction, unless expressly agreed by the Customer for the use of another means of payment and in since the reimbursement does not incur any costs for the Client.
5.1.3. Implementation of UBIQUE TECH guarantees
In order to implement one of the above guarantees, it is the Customer's responsibility to contact UBIQUE TECH in order to obtain the instructions necessary for the return of the Products, by email to contact@ubique.tech, or by post in recommended with acknowledgment of receipt to UBIQUE TECH, at the address mentioned at the top of this document. The costs of returning the Product remain the responsibility of the Customer, except for Consumer customers implementing the guarantee of conformity of articles L. 217-4 and s. Consumer Code.
5.2 CUSTOMER GUARANTEES
The Customer undertakes to provide UBIQUE TEH with accurate, verified and updated information. The Customer remains solely responsible for his identifiers and codes for connection to his Personal Account and UBIQUE TECH cannot be in any way liable in the event of the disclosure of said identifiers and codes to third parties. As soon as he begins the Order process, the Customer guarantees that he has the means to honor the sums which will be due under the Order and undertakes to pay them within the time limits. The Client undertakes to notify UBIQUE TECH directly and without delay of any possible difficulty relating to the performance of its obligations - in particular of payment - with regard to UBIQUE TECH.

 

ARTICLE 6. FORCE MAJEURE - FAULT OF THE CUSTOMER

6.1 Force Majeure
Force majeure means any external, unforeseeable and irresistible event within the meaning of article 1218 of the Civil Code. Under the terms of these GTC, will be considered in particular as a case of force majeure opposable to the Customer: any prevention, limitation or disturbance of the service due to fire, epidemic, explosion, earthquake, fluctuations in the bandwidth, failure attributable to the access provider, failure of transmission networks, collapse of facilities, illicit or fraudulent use of passwords, codes or references provided to the Client, computer hacking, a security breach attributable to the host of the Website or its developers, flood, blackout, war, embargo, law, injunction, request or requirement of any government, requisition, strike, boycott, or other circumstances beyond the reasonable control of UBIQUE TECH. In such circumstances, the performance by UBIQUE TECH of its obligations under these GTC will be suspended. UBIQUE TECH will notify the Client of the occurrence of such a fortuitous event or force majeure within 10 days from the date of occurrence of the event. When the suspension of the performance of UBIQUE TECH's obligations continues for a period longer than 2 days, the Customer has the option of terminating the current Subscription under the conditions of article 4.7. above.
6.2. Fault of the Client
Under the terms of these T & Cs, the Customer's fault against the latter will be considered: any improper use of the service, fault, negligence, omission or failure on his part or that of his employees, non-compliance with the advice given by UBIQUE TECH on the use of its Website and / or its Application, any unlawful disclosure or use of the Customer's password, codes and references, as well as the provision of erroneous information or the lack of updating of such information in his personal space. The implementation of any technical process, such as robots, or automatic requests, the implementation of which would contravene the letter or the spirit of these GTC will also be considered a fault of the Client.
6.3. Technical problems - Hypertext links
In the event of impossibility of access to the Website or to the Application, due to technical problems of all kinds, the Customer cannot claim damage and cannot claim any compensation. The unavailability, even prolonged and without any limited duration, of one or more online services, may not constitute prejudice for the Customer and may in no way give rise to the award of damages on the part of 'UBIQUE TECH. The hypertext links present on the Website may refer to other websites. UBIQUE TECH cannot be held liable if the content of these sites contravenes the laws in force. Likewise, UBIQUE TECH cannot be held responsible if the User’s visit to one of these sites causes it harm. For further details on the above points, it is referred to in article 9 of the General Conditions of Use of UBIQUE TECH accessible from the Website. UBIQUE TECH will use its best efforts to ensure that the photographic representation of the products on the Website is as faithful as possible to the Product itself. However, having regard to the digital presentation of products or services on the Internet, it is possible that the Customer's perception of the photographic representation of the Product does not exactly correspond to the Product itself. These variations and differences cannot in any case be attributed to UBIQUE TECH.

 

ARTICLE 7. INTELLECTUAL PROPERTY

All the elements produced for the needs of the animation and the functioning of the Website and the Application such as sounds, images, photographs, videos, writings, animations, programs, graphic charter , utilities, databases, software and other underlying technologies, is protected by the provisions of the Intellectual Property Code and belongs to UBIQUE TECH. Any distinctive sign appearing on the Website and the Application, in particular the corporate names, the brands and the logos are trademarks registered by UBIQUE TECH or by third parties or partners and used on the Website and the Application with their authorization. Any total or partial reproduction, modification or use of these corporate names, brands, logotypes, photographs, images, sounds, videos, writings, animations, programs, graphics, utilities, databases, software or other underlying technologies, for any reason and on any medium whatsoever, without the express prior consent of UBIQUE TECH or the third parties concerned is strictly prohibited and constitutes an infringement punishable by the Code of intellectual property. The Customer undertakes to use the content of the Website and the Application in a strictly private setting. Use of the Website and the Application for commercial purposes is strictly prohibited. The Customer must request the prior authorization of UBIQUE TECH for any reproduction, publication, copy of the various contents of the Website and the Application. UBIQUE TECH, however, grants the Customer a free, non-exclusive, personal and non-transferable right of use on the contents of the Website and Application published by UBIQUE TECH, which it expressly refrains from copying, modifying, adapting, representing, integrate or operate in any way. More specifically, the right of use granted on the Application is limited to the Customer for their personal and exclusive needs, who is strictly prohibited from letting a third party access the Application. It is also limited to compatible mobile media only. The Customer is also prohibited from adapting, correcting, arranging and / or adapting the Application or making it available to third parties, marketing it, using it or granting it on loan. He also refrains from carrying out or having carried out the correction of an anomaly on the Application without the prior agreement of UBIQUE TECH.

 

ARTICLE 8. PERSONAL DATA

UBIQUE TECH undertakes that the collection and processing of personal data carried out via the Website and the Application will be carried out in compliance with the General Data Protection Regulations (GDPR) No. 2016/679 of April 27, 2016 , and the law “computing and liberties” n ° 78-17 of January 6, 1978 regularly modified, whose new provisions are applicable since June 1, 2019. These personal data will be treated in accordance with the Confidentiality Policy which can be consulted via the following link https://ubiquetech.fr/mentions-légales. UBIQUE TECH hereby specifies that the data relating to the payment of the Order are collected by its partner STRIPE - in charge of online payments - from the Website ("Order" page). As part of the contractual relationship between UBIQUE TECH and STRIPE, the parties guarantee that the use of their personal data (including banking) is in accordance with applicable law. For more information on the functionality of STRIPE and the way in which STRIPE collects personal (including banking) data from the Customer, the latter can click on the URL link accessible at the following address: https://stripe.com / en / privacy In all cases, personal data (including banking), collected from the Website, are only used for the processing of the Customer's Order and will never be communicated to third parties.

 

ARTICLE 9. CONFIDENTIALITY

UBIQUE TECH and the Client agree not to disclose confidential information received during the performance of their obligations.
Confidential information is information of any kind, visual or oral, contained in any medium whatsoever, relating to the structure, organization, business, various internal policies, projects or personnel of each of the parties.
The Customer acknowledges and accepts that UBIQUE TECH cannot be held responsible for any loss, damage, costs or damage caused by the loss, delay, interception, diversion or alteration of any electronic mail caused by a fact any.

 

ARTICLE 10. MISCELLANEOUS

10.1 Modification of the GTC
UBIQUE TECH reserves the right to modify these GTCs at any time. It is therefore recommended that the Customer regularly read the GTC. Any amendment, termination or abandonment of any of the clauses of this Agreement will only be valid after written and signed agreement between the Parties.
10.2 Invalidity of a clause of the GTC
The nullity of all or part of one of the provisions of the CGV cannot lead to the nullity of the other provisions.
10.3 Independence of the parties
Neither party may make commitments in the name and / or on behalf of the other party. In addition, each party remains solely responsible for its allegations, commitments, services, products and personnel.
10.4 Non-waiver
The fact for one of the parties to these General Conditions of Sale not to claim a failure by the other party to any of the obligations referred to in these General Conditions of Sale cannot be interpreted for the future as a waiver of the obligation in question.

 

ARTICLE 11. APPLICABLE LAW - LANGUAGE - DISPUTES

These GTC are governed by and subject to French law and are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Any litigation resulting from the formation, the interpretation or the execution of these CGV will be of the exclusive competence of the courts of the spring of Paris, notwithstanding plurality of defendants or call in guarantee.

 

ARTICLE 12. ACCEPTANCE OF THE CUSTOMER

These T & Cs are expressly approved and accepted by the Customer.
The latter declares to have perfect knowledge of it and therefore renounces to take advantage of any contradictory document and, in particular, of its own general conditions, which will be unenforceable against UBIQUE TECH, even if the latter has been aware of it.

 

 

 

TERMS OF SERVICE

« UBIQUE TECH »

The company UBIQUE TECH, a simplified joint-stock company with a capital of 1,163 euros, whose head office is located at 73 rue Léon Bourgeois, 91120 PALAISEAU, registered in the Trade and Companies Register of EVRY under number 842 606 873, represented by its President Mr. Ali AZADI (hereinafter referred to as "UBIQUE TECH"), offers for sale a product in the form of motion sensors linked to video games, aimed at improving occupational therapy sessions in the context of the rehabilitation of children with cerebral palsy. DESCRIPTION OF THE FUNCTIONING OF THE PRODUCT VIA THE WWW.UBIQUE.TECH SITE AND THE “HabilUp” APPLICATION UBIQUE TECH manufactures sensation sensors which are inserted in Velcro pockets to be attached to the chosen joints (lower or upper limbs) during occupational therapy sessions (hereinafter the "Product"). These sensors will then connect via Bluetooth to a mobile device via an application called "UBIQUE KIDS" also published by UBIQUE TECH, dedicated to functional rehabilitation (hereinafter the "Application", downloadable on Android or iOS) allowing the Customer access different video games. This Product was created for individuals and professionals specializing in brain rehabilitation for children. Only individuals can purchase this Product on the Website www.ubique.tech (hereinafter the "Website"). The purchase of the Product and the subscription to a monthly Subscription to the Application (the methods of which are detailed in the General Conditions of Sale) will generate the automatic creation of a personal Customer account on the Website, and will then allow the Customer to connect to the Application. The combined use of the sensors and the Application via this Subscription will allow the Customer to make full use of the UBIQUE TECH game modules. It is specified that these video games are created by UBIQUE TECH, which has a license on graphics from the company UNITY3D. It is understood that the purchase of the Product and the subscription to the corresponding Monthly Subscription are governed by General Conditions of Sale (GTC) accessible from the Website and separate from these.

 

INTRODUCTORY ARTICLE. DEFINITIONS

« Application » : means the application called "HabilUp" published by UBIQUE TECH and downloadable by the Customer on the App Store and Google Play download platforms. It is understood that access to the Application is only possible for the Customer who has purchased the Product beforehand and who has subscribed to the corresponding Monthly Subscription from the Website;
« Subscription » : designates the monthly subscription formula to the Application offered by UBIQUE TECH on the Website, for the purpose of operating the Product;
« Customer » : designates the natural person who purchased the Product and subscribed to the monthly Subscription attached to it, from the Website, who, as a result of these purchases, has a Personal Customer Account via the "My account ”and having access to the Application on their mobile terminal. By these actions, the Customer adheres to these General Conditions of Use; The Customer is also subject to the General Conditions of Sale (CGV) of UBIQUE TECH, which were transmitted to him and were accepted at the time of the sale of the Product and the Subscription attached thereto;
« Product » : designates the motion sensors created by UBIQUE TECH, as offered for sale on the Website;
« Website » : means the website edited by UBIQUE TECH and available at the following address: www.ubique.tech, from which the Customer purchases the Product and the Subscription;
« User » : designates the natural person who browses the Website, without being registered with it and without having purchased the Product or having subscribed to the corresponding Subscription, who accepts these General Conditions of Use by this fact alone.

 

ARTICLE 1: OBJECT

The purpose of these General Conditions of Use (hereinafter referred to as “CGU”) is to govern the use of the Website www.ubique.tech and the linked mobile Application called “HabilUp”, present on iOS (iPhone , IPad, IPod Touch) and Android, as well as the various services available on these media. Any use or simple visualization of the Website and the Application implies that the User and the Customer agree to comply with these Terms. These Terms are accessible at any time from the Site and the Application and will prevail, if necessary, over any other version or any other contradictory document. Changes to these T & Cs are enforceable against the User and the Client of the Website and the Application from the time they are posted. It is strongly recommended that the User and the Customer regularly refer to the latest version of the T & Cs, which is permanently accessible from the Website and the Application. It being understood that the User and the Customer are deemed to accept this latest version on each new connection. Any new development or characteristic of the Website and Application services will be subject to these Terms. These Terms therefore apply, without restriction or reservation, to Users and Customers of the Website and Application.

 

ARTICLE 2. ACCESS TO THE WEBSITE AND THE APPLICATION

In general, in order to be able to use the Website and the Application, the User and the Client must have an internet browser and a connection to the internet. The costs of all communications making the connection to the Internet accessible are the sole responsibility of the User and the Client. To be able to use the Application more specifically, the Customer must have previously purchased the Product on the Website and have subscribed to the corresponding Monthly Subscription (the terms of which are detailed in the General Conditions of Sale), then must have mobile access. as well as an Apple terminal equipped with iOS (IPhone / IPod Touch / IPad) or mobile access as well as a terminal equipped with Android, for which any connection costs remain at his expense. The Website and the Application are accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond the control of UBIQUE TECH. However, UBIQUE TECH reserves the right to interrupt access to the Site and the Application, without first informing the User and the Customer, for technical maintenance reasons or for any other reason (in particular in the event of a fault security), without the User or the Client being able to claim any compensation or bring into play the responsibility of UBIQUE TECH for any reason whatsoever. It is specified here that if certain terminals should be incompatible with the Product, in particular due to a technical difference in Bluetooth, UBIQUE TECH cannot in any case be responsible for it. In the event of a change of mobile terminal, it is the Customer's responsibility to download the Application again in order to continue to benefit from the use of the Product and its Subscription.

 

ARTICLE 3. « UBIQUE TECH » PERSONAL CUSTOMER ACCOUNT

The purchase of the Product on the Website, from the "Products" section, automatically generates the creation of a personal account per Customer (hereinafter the "Account") then allowing the Customer to access (i) the Application and all of its functionalities (after having downloaded it to your device) and (ii) tracking its order on the Website from the "My Account" section. This Account also allows the Customer to purchase any new Product or accessory offered on the Website. At the time of the order, the Customer must provide the identification data concerning him (last name, first name, telephone number), as well as his postal address and his bank details for payment, which will be made via the secure partner platform " STRIPE ”(for further details on this point, please refer to the General Conditions of Sale). UBIQUE TECH will also ask the Client to provide a username or an email address as well as a password. A confirmation by email is then sent to him, in order to validate his Account. The Personal Account of each Customer will therefore be accessible via the Website and the Application by a username and password (hereinafter the "Login Identifiers"). The Login Identifiers are necessary for the Customer to connect to his personal Account and are subject to change by the latter, at any time, within his Account. The Login Identifiers are strictly personal and may not, under penalty of having the Account suspended or deleted by UBIQUE TECH, be communicated or used by a third party. The Customer is fully responsible for the use and conservation of their Login Identifiers, and must immediately inform UBIQUE TECH if there is a security breach related to communication or the diversion of these. In the event of the loss or theft by a third party of one of its Login Identifiers, the Client undertakes to inform UBIQUE TECH without delay by email at the following address: contact@ubique.tech. UBIQUE TECH will then suspend access to the Customer's Account, which will no longer be able to retrieve its Login Identifiers. The Customer can disconnect his Account by (i) clicking on “disconnect” or (ii) by leaving the browser. 3.2. Customer profile As soon as the Account is created, the Customer can access his profile and complete or modify all or part of the information in his profile. 3.3. Deletion of the Account The creation of the Account being linked to the purchase of the Product and the subscription of the corresponding Subscription, it is understood that the termination of the Subscription (as detailed in the General Conditions of Sale) will result in the automatic deletion of the Account from the Corresponding customer, including all personal data collected during the purchase of the Product and the Subscription, in accordance with the privacy policy accessible at the following link: https: //ubiquetech.fr/mentions-légales. In addition, any breach of these T & Cs, any behavior prejudicial to the interests of UBIQUE TECH, any falsification of the information transmitted to UBIQUE TECH and / or its partners ("STRIPE" type), and more generally, any violation of legal and regulatory provisions by the Customer, will automatically entail the deletion of the Account of said Customer and the termination of his Subscription taken out in connection with the Product (as detailed in the General Conditions of Sale).

 

ARTICLE 4. USER AND CUSTOMER GUARANTEES

4.1. Use of the Website and the Application
The User and the Client declare, guarantee and undertake to use the Website and the Application only for lawful purposes, under the conditions and limits herein, without infringing the rights of third parties or those of UBIQUE TECH. The User and the Customer undertake to: (i) respect in all circumstances the image of the Website and the Application, the Product and UBIQUE TECH; (ii) comply with the characteristics and constraints, in particular technical, of the Website, the Application and the Product; (iii) to collaborate with UBIQUE TECH by providing it with all the information necessary for the proper execution of these T & Cs. Any breach of the provisions of this article may result, immediately and without summons, the deletion of the Customer's Account and the termination of the Subscription. The User and the Customer guarantee UBIQUE TECH against any complaints, claims, actions and / or claims of any kind that UBIQUE TECH could suffer as a result of the violation, by the User and the Customer, of any of their obligations or guarantees with regard to third parties or under the terms of these T & Cs. They undertake to compensate UBIQUE TECH for any damage it would suffer as such and to pay it all the costs, charges and / or convictions that it may have to bear as a result.
4.2. Specific obligations of the User and the Customer
The User and the Customer undertake not to make an illegal attempt to access the networks and systems connected to the Website or the Application put into service by UBIQUE TECH, or to attempt to transmit viruses or any other computer program harmful to UBIQUE TECH.

 

ARTICLE 5. INTELLECTUAL PROPERTY

All the elements produced for the needs of the animation and the functioning of the Website and the Application such as sounds, images, photographs, videos, writings, animations, programs, graphic charter , utilities, databases, software and other underlying technologies, is protected by the provisions of the Intellectual Property Code and belongs to UBIQUE TECH. Any distinctive sign appearing on the Website and the Application, in particular the corporate names, the brands and the logos are trademarks registered by UBIQUE TECH or by third parties or partners and used on the Website and the Application with their authorization. Any total or partial reproduction, modification or use of these corporate names, brands, logotypes, photographs, images, sounds, videos, writings, animations, programs, graphics, utilities, databases, software or other underlying technologies, for any reason and on any medium whatsoever, without the express prior consent of UBIQUE TECH or the third parties concerned is strictly prohibited and constitutes an infringement punishable by the Code of intellectual property. The User and the Customer agree to use the content of the Website and the Application in a strictly private setting. Use of the Website and the Application for commercial purposes is strictly prohibited. The User and the Customer must request the prior authorization of UBIQUE TECH for any reproduction, publication, copy of the various contents of the Website and the Application. UBIQUE TECH, however, grants the User and the Client a free, non-exclusive, personal and non-transferable right of use on the contents of the Website and Application published by UBIQUE TECH, which they expressly refrain from copying, modifying , adapt, represent, integrate or exploit in any way. More specifically, the right of use granted on the Application is limited to the Customer for their personal and exclusive needs, who is strictly prohibited from letting a third party access the Application. It is also limited to compatible mobile media only. The Customer is also prohibited from adapting, correcting, arranging and / or adapting the Application or making it available to third parties, marketing it, using it or granting it on loan. He also refrains from carrying out or having carried out the correction of an anomaly on the Application without the prior agreement of UBIQUE TECH

 

ARTICLE 6. PERSONAL DATA

UBIQUE TECH undertakes that the collection and processing of all personal data carried out via the Website and the Application shall be carried out in compliance with the General Data Protection Regulations (GDPR) No. 2016/679 of April 27 2016, and the law “computing and liberties” n ° 78-17 of January 6, 1978 regularly modified, whose new provisions are applicable since June 1, 2019.
These personal data will be treated in accordance with the Confidentiality Policy which can be consulted via the following link https://ubiquetech.fr/mentions-légales.

 

ARTICLE 7. COOKIES

When consulting the Website, or any sub-domain attached to said Website, cookies may be placed on the computer, mobile, tablet or any other computer medium of the User and the Client . The use of these cookies requires the prior consent of the User and the Customer.
The User will find the information specific to the cookies used on this Website by clicking here: https://ubiquetech.fr/mentions-légales.

 

ARTICLE 8. CROSS REFERENCES AND LINKS

Hypertext links to partner sites or third-party sites are made available to the User and the Customer. Insofar as UBIQUE TECH cannot control these sites, UBIQUE TECH disclaims all responsibility for the information contained on them. UBIQUE TECH cannot be held responsible or liable in particular with regard to modifications or updates to these sites or to any malfunction thereof. UBIQUE TECH can in no way be held liable for direct or indirect damage related to browsing and / or downloading on hypertext links published on the Website.

 

ARTICLE 9. RESPONSIBILITY

9.1 Use of the Website and the Application by the User and the Customer
The User and the Customer are solely responsible for damages, direct or indirect, of any kind whatsoever, since they have for cause, foundation or origin, fraudulent use or not of the Website and the Application, by their care. The User and the Customer therefore waive any claim or legal action relating to such damage and injury.
9.2 Network operation
The use of the Website and the Application implies the knowledge and acceptance by the User and the Client of the characteristics and limits of the Internet and the technologies linked to it. UBIQUE TECH cannot be held responsible for any damage whatsoever arising from a connection to the Website and the Application, which the User and the Client carry out under their sole responsibility. As such, UBIQUE TECH declines all responsibility in particular in the event of misuse or of an incident linked to the use of the device, Internet access, maintenance or malfunction of servers, telephone line or any other technical connection, complaint or other request sent by the User and the Customer to UBIQUE TECH at an incorrect or incomplete address, any computer errors or faults found on the Website and the Application. Furthermore, UBIQUE TECH strives to provide precise and up-to-date information on the Website and the Application. However, UBIQUE TECH cannot be held responsible for any inaccuracies or omissions on the Website and the Application.

 

ARTICLE 10. MISCELLANEOUS

UBIQUE TECH reserves the right to modify these T & Cs at any time. It is recommended that the User and the Customer regularly read the T & Cs. The nullity of all or part of one of the provisions of the T & Cs cannot result in the nullity of the other provisions.

 

ARTICLE 11. APPLICABLE LAW - LANGUAGE - DISPUTES

These Terms are governed by and subject to French law and are written in French. In the event that they are translated into one or more languages, only the French text will prevail in the event of a dispute.
Any litigation arising from the interpretation or the execution of the present will be the exclusive competence of the competent Courts of Paris, notwithstanding the possible plurality of defendants or the call in guarantee.
For all questions relating to the operation of the Website and the Application and / or to these T & Cs, the User and the Customer can contact UBIQUE TECH at the following address: contact@ubique.tech.