Effective as of September 10, 2018

Definitions:

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Article 1: Purpose

The purpose of these Terms and Conditions of Use (TCU) is to legally govern the creation and use of a PAYOT.COM Account by the User, and to define the conditions under which Laboratoires Dr. N.G. PAYOT provides the Service to the User, who accepts it.

The TCU must be accepted by every User at the time of registration. Any use of the Service is subject to the User’s compliance with the TCU, which the User expressly acknowledges having read and accepted at the time of registration.

The applicable TCU are those available online at the time the User accesses the Service. In the event of any changes to the TCU, Laboratoires Dr. N.G. PAYOT undertakes to inform the User of the updated version.

Article 2: Description of the Service

Laboratoires Dr. N.G. PAYOT offers the User the possibility to create and access their personal PAYOT.COM Account free of charge. Through the PAYOT.COM Account, Laboratoires Dr. N.G. PAYOT provides the User with a Service that allows them to:

– Store, save, and update their personal information in order to place orders for products offered for sale by Laboratoires Dr. N.G. PAYOT on the Website;

– Save and view the history and details of PAYOT product orders;

– Store, save, and update their delivery and billing addresses for PAYOT products purchased on the Website.

Creating a PAYOT.COM Account and registering for the Service is independent of the PAYOT product sales service offered by Laboratoires Dr. N.G. PAYOT on the Website. In particular, the User is informed that:

– Registering for the Service does not obligate the User to purchase PAYOT products available on the Website;

– Termination of the Service for any reason does not prevent the User from placing orders for PAYOT products on the Website, either using their PAYOT Lab account or by registering as a guest.

Except in cases of force majeure, communication network issues, or maintenance operations carried out by Laboratoires Dr. N.G. PAYOT, the Service is accessible online free of charge, twenty-four (24) hours a day, seven (7) days a week.

The User acknowledges and accepts that it is their responsibility to regularly back up any data and/or content they wish to keep using their own devices and equipment. Laboratoires Dr. N.G. PAYOT cannot be held responsible for the loss, disappearance, or alteration of data stored or saved by the User in their PAYOT.COM Account.

Laboratoires Dr. N.G. PAYOT commits to making their best efforts, in accordance with industry standards, to secure the Service.

As part of their access to the Service, Users are expressly reminded that the Internet is not a secure network. Therefore, it is the User’s responsibility to take all appropriate measures to protect their own data and/or software from potential misuse, contamination by viruses circulating on the Internet, or third-party intrusions into their information systems for any purpose. Users must also ensure that transmitted files contain no computer viruses.

Laboratoires Dr. N.G. PAYOT disclaims all liability related to the spread of computer viruses and any consequences that may result from them.

Users must inform Laboratoires Dr. N.G. PAYOT of any service failures or malfunctions of their PAYOT.COM Account.

If a security breach is detected, Laboratoires Dr. N.G. PAYOT will notify the User in compliance with applicable legal provisions. They may also advise the User on actions to take. Implementing these actions is the User’s responsibility.

Laboratoires Dr. N.G. PAYOT reserves the right to take any necessary emergency measures to ensure the security of the PAYOT.COM Account and/or the Service.

Article 3: Conditions of access to the PAYOT.com account

Access to the Service is subject to:

– The User’s use of a device compatible with the Website and the Service;

– The creation of a PAYOT.COM Account and use of the User’s login credentials;

– The existence of an Internet connection from the User’s device.

Use of a device compatible with the Website and the Service:

Use of the Service requires installation and use by the User of a device equipped with:

– An Internet browser compliant with W3C standards;

– (To be completed, for example if Flash or PDF compatibility is required).

All equipment and technical resources necessary to access the Service are the sole responsibility of the User.

Creation of a PAYOT.COM Account

Access to and use of the Service requires the User to create a PAYOT.COM Account. To access their account, the User must authenticate using a login and password freely chosen during registration. These credentials are strictly personal and must meet the security requirements defined by Laboratoires Dr. N.G. PAYOT. Under no circumstances should they be shared with third parties.

It is expressly stated that Laboratoires Dr. N.G. PAYOT will never request a User’s login or password for any reason. Any such request should be considered fraudulent. The User is solely and entirely responsible for the safekeeping and use of their credentials. They must take all necessary measures to prevent any unauthorized or fraudulent access to their PAYOT.COM Account.

If the User notices or suspects any unauthorized or fraudulent use of their Account, credentials, or any other security breach, they must immediately notify Laboratoires Dr. N.G. PAYOT by email at (to be completed). Upon receipt of this notification, Laboratoires Dr. N.G. PAYOT will disable the User’s account within a reasonable timeframe.

Any access to a PAYOT.COM Account using the User’s login and password is deemed to be made by the User. The User is responsible for all actions carried out via their Account and releases Laboratoires Dr. N.G. PAYOT from any liability in the event of damage caused to the User or to a third party through such actions.

Internet connection from the User’s device

To access and use the Service, the User must use a device connected to the Internet (WiFi, 3G/4G or Edge). The User is responsible for all electronic communication costs incurred for accessing, viewing, and using their PAYOT.COM Account.

The cost of using the Service abroad depends on the User’s mobile plan with their telecom operator. When traveling abroad, it is recommended to disable automatic connections.

Laboratoires Dr. N.G. PAYOT cannot be held responsible for any disruptions and/or interruptions to the Service caused by operations performed by the User while connecting to the Service, or for interruptions due to causes beyond the control of Laboratoires Dr. N.G. PAYOT, such as power outages or Internet connectivity issues.

The User acknowledges the nature of the Internet network and, in particular, its technical performance and the possibility of interruptions, slowdowns, or unavailability, for which Laboratoires Dr. N.G. PAYOT cannot be held liable.

Article 4: Terms of registration for the Service

The User can register for the Service via the Website by clicking on “CREATE AN ACCOUNT” after selecting “LOG IN”, or during the checkout process for PAYOT products by ticking the box “Become a PAYOT member during your order” right after choosing the delivery method for the order.

Article 5: Terms of use of the Service

The User agrees to use the Service in a reasonable manner and, in particular, expressly undertakes not to use the Service or the data it contains for any fraudulent, illegal, or generally unlawful purpose—whether civilly or criminally punishable. The User also agrees to refrain from any abnormal or abusive use of the Service.

The User further agrees to respect the intellectual property rights of third parties to which they may have access through use of the Service.

The User commits to providing Laboratoires Dr. N.G. PAYOT with accurate information for the use of the Service. Any breach of this clause may result in the User being held liable and may lead to the immediate suspension and/or termination of their PAYOT.COM Account.

Article 6: Service updates

The Service is regularly updated to improve its quality and/or features for all Users.

Laboratoires Dr. N.G. PAYOT reserves the right to supplement or modify the Service at any time in line with technological developments, and will inform Users by any means.

These updates will be considered part of the Service and will be subject to the present terms.

It is recommended to regularly consult the Website, where information regarding updates will be published.

Laboratoires Dr. N.G. PAYOT reserves the right, without notice or compensation, to temporarily limit access to the Service in order to carry out updates, maintenance, changes, or modifications to operational methods, access hours, or otherwise—this list not being exhaustive.

Laboratoires Dr. N.G. PAYOT shall not be held liable for any damage of any kind resulting from such changes and/or from temporary unavailability of the Website or the Service.

Article 7: Personal data

The information requested during registration for the Service is necessary and mandatory for the creation of the User’s PAYOT.COM Account. In particular, the email address may be used by Laboratoires Dr. N.G. PAYOT for the administration, management, and communication of the Service.

The Website ensures that Users’ personal data is collected and processed with respect for their privacy, in accordance with French Law No. 78-17 of January 6, 1978, relating to data processing, files, and individual freedoms.

Under Articles 39 and 40 of the law dated January 6, 1978, the User has the right to access, rectify, delete, and oppose the processing of their personal data. The User may exercise this right through:

– Their personal account space;

– A contact form;

– By email at hello@payot.fr

If the User forgets their password, they can generate a new one by clicking on “Forgot your password?” located just below the login form. An email will be sent to the address provided at the time of registration, allowing the User to choose a new password.

Article 8: Liability

As part of the Service, the liability of Laboratoires Dr. N.G. PAYOT is limited solely to the provision of the Service, under a best-efforts obligation, in accordance with the terms of these Terms and Conditions of Use.

Laboratoires Dr. N.G. PAYOT makes no guarantees as to the Service’s ability to meet the User’s expectations, nor regarding the accuracy, reliability, or completeness of the data stored in the PAYOT.COM Account. Laboratoires Dr. N.G. PAYOT cannot guarantee that no errors or malfunctions—such as modifications, suspensions, interruptions of the Service, or unavailability of networks beyond its control—will occur during use of the Service.

Laboratoires Dr. N.G. PAYOT shall not be held liable for the sustainability, compliance, compatibility, or performance of the Service. It shall also not be held liable for any delays or failures to fulfill its obligations under the Terms and Conditions caused by events of force majeure.

The User is liable for any damage they may cause to Laboratoires Dr. N.G. PAYOT. The User agrees to hold Laboratoires Dr. N.G. PAYOT harmless from any claims, demands, allegations, or actions by third parties claiming infringement of their rights due to the User’s use of the Service or as a result of actions taken by Laboratoires Dr. N.G. PAYOT to stop such infringement.

The User shall indemnify Laboratoires Dr. N.G. PAYOT for any damage caused to the company, to others, or to themselves as a result of failure to comply with the Terms and Conditions, and for any penalties or judgments imposed on Laboratoires Dr. N.G. PAYOT due to such non-compliance.

Article 9: Termination

The contractual relationship established between the User and Laboratoires Dr. N.G. PAYOT, as defined in these Terms and Conditions of Use, is entered into for an indefinite period. It may be terminated at any time without notice.

Article 10: No waiver and survival

Failure by the User or by Laboratoires Dr. N.G. PAYOT to enforce any provision of these Terms and Conditions of Use shall not be interpreted as a waiver of the right to enforce that provision.

If any clause of the Terms and Conditions is found to be null or invalid, this shall not affect the validity of the remaining clauses. The contractual relationship established under the Terms and Conditions shall continue in the absence of the invalidated provision, unless that clause renders the continuation of the contractual relationship impossible or significantly unbalanced in relation to the original agreement.

Article 11: Governing law – Dispute resolution

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Article 12: Contact

For any complaint, the User may contact Laboratoires Dr. N.G. PAYOT by sending an email to hello@payot.fr.