1. Healthcare

Website Terms of Use.
1. Relationship between you and Withings.
By connecting to our Websites, such as www.withings.com, (hereinafter “Website”) and by
using it, you expressly manifest your agreement to the following Terms of Use of our
Website. The Website is the property of Withings SA, a French corporation, having its
registered office at 2, rue Maurice Hartmann, 92130 Issy-les-Moulineaux, in France.
(Hereinafter “Withings” or “We”).
The following Withings Website Terms of Use are a sub-set of Withings Services Terms and
Conditions. The Withings Website Terms of Use supersedes any other document of the
Withings Services Terms and Conditions concerning its purpose.
As a user, you acknowledge and guarantee:
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That you have obtained, fully read and understood the Withings Website Terms of
Use
To be in possession of the Withings Website Terms of Use on a durable media
especially, but not limited to, by printing them out;
To be of age and aware of legal regulations or to have the signing authority;
That you have the right to access and use the Website
Any objection or contestation to the Withings Website Terms of Use (hereafter "Conditions")
would be interpreted as a refusal to agree to the Conditions. IF YOU WERE TO DISAGREE
WITH THOSE TERMS AND CONDITION YOU ARE REQUESTED NOT TO USE ANY OF OUR
WEBSITES.
2. Modification of the Withings Website Terms of Use
It is understood between the parties that Withings keeps the right, in any case, to modify all
or part of the Withings Website Terms of Use, to reflect changes to the law or any
applicable regulation, modifications of our Products and Services or any event which is
deemed sufficient by Withings to command such revisions. Any new version of the
Withings Website Terms of Use will not apply retroactively but replaces and supersedes the
previous Withings Website Terms of Use.
We advise you to frequently consult the Withings Services Terms and Conditions and to
save the latter version on durable media.
3. Purpose
The Withings Website Terms of Use apply when you connect to and/or use our Websites.
By using the Website, you may be subject to other terms and conditions in particular
whenever:
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Using our Applications, even if you are able to access to them through the Website.
In such case, you shall also refer to our Withings Applications Terms of Use;
Purchasing a Product or a service through the Website. In such case, you shall also
refer to our General Sales Conditions;
4. Use of the Website
By using the Website in accordance with these Conditions, you may be offered the use of
certain features and have access to data provided by Withings, its affiliate or partners. You
may be fully aware that we can modify all or part of the Website at any time.
By using the Website, you shall not:
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Make any use of the Website in contradiction with any law or regulations, third party
rights such as Intellectual Property rights, Privacy etc.;
Act in any manner that shall create any prejudice to Withings, its affiliate, partners or
any user of our Applications, Products and Services;
Fraudulently introduce any data on the Website or through the Website;
Fraudulently Introduce any data on the Application or on Withings’ data server;
To interfere, obstruct, distort the proper working of the Site or to use the Site in any
manner which can conflict with any Rights of third parties or Withings;
Undertake any action and/or use any method allowing data to be retrieved from our
servers, including Data scraping, data harvesting, Web crawling from the Website or
our database enabling any direct or indirect migration and/or duplication of a
significant portion of the data and services accessible from the Website;
To probe, scan, and technically analyse the Website;
To test the vulnerability, the performance and functionality of the Website for
reasons other than the ones strictly necessary to use the Website;
Breach of any security measures implemented on the Website by Withings;
To use any illegitimate means to breach any authentication method, implemented by
Withings in order to enable connection by the user to the Application and/or to the
purchasing module;
To access and to maintain yourself into any section of the Website that is not
specifically accessible to you by the usual use of the Website.
5. Connection and identification
Some functionality and section of the Website can require your identification through an
account.
Should you create an account, you are requested to follow a set of requirements in order to
avoid that a third party will have access to your account. Therefore, you have to verify that
your password is sufficiently secured (composed with enough characters, mixed cases, and
varied alphanumerical characters, etc.), disconnect your session when you disconnect from
the Site. Access to your account and/or any other means at your disposal to get connected
to the web Site is made under your own liability. We remind you that access to your account
can provide access to your personal data.
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Any Connection to your account from a third party and to which you have given you prior
consent is your own responsibility. We cannot be responsible for all the personal data
communicated to one or several parties through an authorization given implicitly or
explicitly by you to one or several parties. Leaving the Website without logging-out, must be
considered as an implicit authorization.
To facilitate access through the electronic system, we remind you that your identification
can be automated through the use of cookies.
6. Intellectual Property
When you connect yourself to the Website and when using it, we, or any third party
specifically designated for this purpose, grant you a personal, non-transferable, nonassignable, non-sub licensable license, non-exclusive, strictly limited to the purpose of this
agreement and to the country from which you connect yourself to the Website, to all
Intellectual Property rights attached to the connection, the download of all or part of the
Website though your web browser and strictly limited to the use of the functionality offered
by Withings or any third party designated for this purpose by Withings.
The Website is composed of elements such as text, interfaces, photographs, charts,
pictures, browsing means, trademarks, logo, graphics, design, music, artworks, computer
code, software, fonts or any other element containing any Intellectual property rights held,
owned, controlled by Withings or licenced to Withings to be incorporated into the Website.
(Hereinafter “Website Element”)
This licence does not grant you the right to undertake any operation of reverse engineering,
extraction, de-compiling, improvements, modification, marketing, renting, licencing,
translation of the Website or all or part of any Website Element.
Any use of all or part of any Website Element that is not expressly allowed by these
Withings Website Terms of Use requires our express and prior agreement.
7. Use of Withings Trademarks and pictures of our Products
We allow the use of (1) our trademarks, (2) the pictures and media available for this purpose
(3) hyperlinks pointed to our Website (hereinafter the “Authorised Content”) by any Website
owner and any social media User (hereinafter the “Authorised User”). The aforementioned
rights are limited for informational purpose in accordance to present or communicate or
share comments, on any related information attached directly or indirectly to Withings
Products and Services (hereinafter the “Information”). Any other use of the Authorised
Content that is not expressly allowed requires our express and prior agreement.
You must accept the following restriction in accordance to use the Authorised Content:
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You shall not distort any Authorised Content, including through cropping or
incomplete quotation and you shall meet any presentation standard attached to the
Authorised Content;
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We may, for any reason and at any time and without prejudice for you, request and
obtain withdrawal of all or part of the Authorised Content no later than twenty four
(24) hours from our request of withdrawal.
By using the Authorised Content, you shall not suggest any kind of relationship,
other than the one provided by the Conditions, between you and Withings. Any use
of the Authorised Content shall not create any confusion between Writings’
Products and Services and your media, products and services. As such, without this
list being exhaustive, you shall not use all or part of the Authorised Content as a
name of a mobile applications, a social network page, or for any presentation when
the Authorised Content is the main element, domain name etc.;
8. Hypertext link
Subject to the following provision, we hereby authorize you to use any hypertext link on our
Website or any other page linked to it.
The hypertext link shall not:
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Be used in connection with any framing method.
Cause any prejudice whatsoever to Withings.
Suggest any kind of relationship, other than the one provided by the Conditions,
between Withings and the website including the hypertext link.
Cause any infringement to any Intellectual Property rights.
Authorised User may use Deep link.
The Website may contain links to third-party websites. We are not responsible for the
content you may access from these third-party websites. However, we will make our best to
remove Hypertext links pointing to any inappropriate content that you would notify us.
9. User’s commentary
You may write and submit commentaries and/or opinions on spaces provided to such
purpose on our Website. Any commentary and opinion may be approved by Withings prior
to their publication. If appropriate, we may ask you a proof of purchase or of a Withings’
Product possession if your commentary and/or opinion concerns a Product or Service of
Withings. Once your commentary and/or opinion is submitted for publication, you will not
be able to modify it.
We shall refuse the publication of your commentary and/or opinion if:
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You can’t prove being the owner or user of a Product;
Your commentary and/or opinion was is not submitted into the proper section;
Your commentary and/or opinion is redundant with a commentary and/or opinion
formerly submitted;
We can’t identify you;
We suspect you are being paid to write and submit your commentary and/or opinion;
Your commentary and/or opinion is irrelevant to the purpose of the Website.
Your commentary and/or opinion is derogatory, insulting and/or violate the law
Your commentary and/or opinion may compare our Products to our competitors’
Products.
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We may delete any commentary and/or opinion violating any of the above condition.
When submitting a commentary and/or opinion, you grant us the non-exclusive, nonpersonal, without cost, transferable, sub licensable, right on a worldwide basis to represent
and reproduce your commentary and/or opinion, in whole or in part, in a lineal manner or
not on any media, such as the Website, press review or advertising, presentation or any
physical or digital media as long as the rights shall enjoy legal protection
For the purpose of protecting you Privacy, we will make our best to contact you if we expect
to make a use of your commentary and/or opinion on any mean, such as advertisement or
third party Website. At your request, and/or if we are not able to contact you, we (You and
Withings) agree to protect your Privacy by using your commentary and/or opinion without
identifying you as the author of this commentary and/or opinion.
10.
Data Privacy
At Withings, protecting the privacy of our users is of utmost importance. You can read our
Statement on Data Protection and our Privacy Policy.
We may collect and record some of your personal data when you are using our Website,
creating an account and/or purchase a Product. Shall be considered as a Personal data
(hereinafter “Personal Data”) any information relating to an identified or identifiable natural
person. An identifiable person is one who can be identified, directly or indirectly, in
particular by reference to an identification number or to one or more factors specific to his
physical, physiological, mental, economic, cultural or social identity.
Any collection and proceeding of personal data must be carried out with your prior and
freely given consent.
We grant you the right of access to and the right to rectify any data concerning You by
contacting our customer service department or:
By Mail: Withings – 2 rue Maurice Hartmann, 92130 Issy les Moulineaux
By email: [email protected]
You can also object, at any time on compelling legitimate grounds relating to your particular
situation, to the processing of data related to you.
11.
Warranties
The following applies to:
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The Website
The Applications
Hosting services
The API
Any improvements of the above.
The following does not apply to:
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The Products
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Unless required by any mandatory legal provision, the Website, the Applications, Hosting
services, the API and improvements of the above (hereinafter the “Elements”) are provided
on an “AS IS” and “AS AVAILABLE” basis. WITHINGS MAKES, AND USER RECEIVES, IN
CONNECTION WITH THE ELEMENTS NO OTHER WARRANTY, EXPRESS OR IMPLIED,
INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, OF
FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT PROMISE
THAT THE ELEMENTS, OR ANY CONTENT SERVICE OR FEATURE OF THEME, INCLUDING
ANY INFORMATION AND DOCUMENTS DOWLOADED BY YOU ARE FREE OF ERROR OR
DEFECTS, OR THAT THE AFOREMENTIONED WILL BE CORRECTED
WITHINGS DISCLAIMS ANY AND ALL LIABILITY FOR ANY DAMAGE DIRECTLY OR
INDIRECTLY SUFFERED BY YOU, IN CONNECTION WITH OR RELATED TO YOUR USE OF
ANY ELEMENTS. YOU MUST ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE
ELEMENT. YOUR SOLE REMEDY AGAINST WITHINGS FOR ANY INSATISFACTION OR
DECEPTION WITH ALL OR PART OF THE ELEMENT OR ANY CONTENT DIRECTLY OR
INDIRECTLY LINKED TO IT IS TO STOP USING THE ELEMENT. THIS LIMITATION OF RELIEF
IS AN ESSENTIAL PART OF THE BARGAIN BETWEEN THE PARTIES WITHOUT WICH THE
PARTIES WOULD NOT HAVE ENTERED INTO AN AGREEMENT.
12.
a.
General provisions
Scope of the Agreement
The Withings Website Terms of Use are a sub-set of the Withings Services Terms and
Conditions. The Withings Website Terms of Use, supersede in their subject matter and their
effect any other document of Withings Services Terms and Conditions. This version of the
Withings Website Terms of Use constitutes the entire agreement between us and cancels,
excludes and replaces any previous conditions in its subject matter.
b.
Severability
If any provision of the Conditions is held invalid or unenforceable by a court of competent
jurisdiction, the invalid or unenforceable part or provision will be deemed as unwritten.
c.
Waiver
Any failure to exercise or delay in exercising any right, power or privilege under this
Agreement shall not operate as a waiver; nor shall any single or partial exercise of any right,
power or privilege preclude any other or further exercise thereof.
d.
Evidence – Electronic communication
Any notification and communication between Withings and you can be realised by any
electronic means of communication such as emails. You hereby grant us your express
consent for sending you by electronic means of communication any notification through
your Withings Account.
e.
Governing law – Dispute resolution
In the event of any controversy or dispute between Withings and You arising out of or in
connection with your use of any Products and Services (such as our Website, API,
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Application etc.) provided by Withings, the parties shall attempt, promptly, in good faith and
before any judicial action, to resolve the dispute though alternative dispute resolution.
The Parties may agree to resolve their dispute in accordance with Directive 2013/11/UE of
the European parliament and of the council of the 21 may 2013 on alternative dispute
resolution for Consumer disputes and the Regulation (EU) No 524/2013 of the European
Parliament and of the council of 21 May 2013 online dispute resolution for Consumer
disputes.
Unless required by applicable law, this Withings Website Terms of Use and any matters
relating to them, including all disputes, will be governed by the laws of France and be
settled in the courts of the country where you reside
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