Bien-être World Terms and Conditions
8 May, 2022.
The present general terms and conditions of use and sale (hereinafter referred to as the "Terms and Conditions") define the legal framework for the use of the website accessible at https://bienetreworld.com (hereinafter referred to as the "Site"), as well as the mobile application BEW Pro (hereinafter referred to as the "Application") of Bien-Être World published by the company T6 COSMOS, and available on the download platforms via Apple Store or Google Play. The Site and the Application are jointly referred to as the "Platform".
These Terms and Conditions also define the legal framework of the relationship between T6 COSMOS on the one hand and any practitioner using the services offered by T6 COSMOS on the other hand (hereinafter referred to as "Practitioners"). T6 COSMOS and the Practitioners are also hereinafter jointly referred to as the "Parties" and individually a "Party".
By any use of the Application as well as its services, the Practitioner accepts without reserve the present Terms and Conditions. He declares and acknowledges, consequently, to have read the present Terms and Conditions.
It is possible to contact T6 COSMOS at the address indicated at the end of the present document, via the contact form available on the Application or by e-mail at firstname.lastname@example.org.
ARTICLE 1 : DEFINITIONS
In the present Terms and Conditions, the words or expressions beginning with a capital letter have the following meaning:
Account: refers to the space accessible on the Application, allowing Practitioners and Users to access all the features offered by Bien-être World;
Content: means any text, graphic, image, video or other element that may be put online by a User or Bien-être World via the Application;
Personal Data: means personal data within the meaning of the European Regulation nᵒ 2016/679 on the protection of personal data that T6 COSMOS collects, transmits or processes, allowing to identify or make identifiable any natural person;
Intellectual Property Rights: means all the rights of literary and artistic property (copyright), industrial property (trademark, design and patent) provided for in the Intellectual Property Code and international Treaties ;
Service(s): means all functions, facilities, uses, information, partner and/or promotional offers or any other services accessible via the Application;
Practitioner(s): means any professional, selected by Bien-être World, offering services and consultations on the Application;
Profile: means any Practitioner's page that can be accessed through the Application;
Consultation: means any virtual appointment, advice, examination, given by a Practitioner to a User via the Application;
User(s): refers to any person who has an Account and who uses the Application or all or part of the Services offered by the Application in order to benefit from the services offered by the Practitioners.
ARTICLE 2: DISCLAIMER
2.1 T6 COSMOS is only a technology provider allowing Practitioners to offer the services proposed by the Platform, and Users authorized by T6 Cosmos’ clients to benefit from these services.
T6 COSMOS would not take part in the relation established between the clients and their Users and the Practitioners. In these conditions, T6 COSMOS is not party to any agreement concluded.
T6 COSMOS acts as a transparent intermediary of the Practitioners and the Users. The only role of the transparent intermediary is to list the Practitioners on the Application in order to allow them to offer their services and to put them in contact with Users.
T6 COSMOS shall not be liable or responsible in this regard and the Practitioners agree to indemnify T6 COSMOS for any costs, expenses, awards, fees or otherwise in connection with the relationship between the Practitioners and the Users.
2.2 By subscribing to T6 COSMOS' offerings, Practitioner represents that it is legally capable of entering into contracts. If Practitioner is accepting this Agreement on behalf of an entity, Practitioner represents that it has the legal authority to bind such entity.
2.3 The Application may contain hyperlinks to third party features or websites or third -party applications. Images and comments on the Application may also contain links to third party sites/applications.
Likewise, business correspondence and transactions with third parties found through the Application are solely between the Practitioner and the third parties.
2.4 T6 COSMOS disclaims any responsibility for the Content published on the Application.
Under the law n°2004-575 of June 21, 2004, T6 COSMOS is not subject to a general obligation to monitor the information it transmits or stores, nor to a general obligation to seek facts or circumstances revealing illicit activities.
However, in the event of a targeted and temporary request by the judicial authority, or in the event of notification of copyright infringement as provided for in Article 8 hereof, or notification of any illegal content such as, the apology of crimes against humanity, provocation to the commission of acts of terrorism and their apology, incitement to racial hatred, to hatred against persons because of their sex, sexual orientation, gender identity or disability as well as child pornography, incitement to violence, including incitement to sexual and gender-based violence, as well as offenses against human dignity, T6 COSMOS will promptly inform the competent public authorities.
ARTICLE 3 : ENTRY INTO FORCE - DURATION
The present Terms and Conditions are applicable during all the time of navigation on the Application.
T6 COSMOS reserves the right to modify the present Terms and Conditions at any time. Unless the amendments are due to legal or administrative obligations, the Practitioner will have a reasonable notice before the implementation of the updated Terms and Conditions.
Any changes will be effective upon publication. The Practitioner agrees to be notified of updated Terms and Conditions by posting them on the Site and/or the Application.
By continuing to use or accessing the Application after the effective date of the updated Terms and Conditions, the Practitioner declares that he/she has read the updates and accepts all modifications made to them. The present Terms and Conditions govern any conflicts that may arise before the effective date of the updated Terms and Conditions.
The latest version of the Terms and Conditions available online on the Site and/or the Application will prevail, if necessary, over any other version of these Terms and Conditions.
ARTICLE 4: CREATION OF AN ACCOUNT
4.1 In order to access all the features of the Application and in particular, to benefit from Consultations, the Practitioner must have been previously approved by Bien-être World. Once the acceptance is notified to the Practitioner by Bien-être World, an account will be created for the Practitioner.
These identifiers are non-transferable and strictly personal.
The Practitioner must ensure that his identifiers are not used or likely to be used by third parties. In this respect, he/she undertakes to keep the different elements of his/her identifiers separate.
By creating an Account, the Practitioner warrants that Bien-être World will protect his/her Account information and will be fully responsible for any use of his/her Account by him/herself or by a third party.
4.2 The Practitioner must, at the time of registration, provide the following information:
Name and surname ;
E-mail address ;
Diplomas and professional certificates; and
Professional indemnity insurance.
4.3 T6 COSMOS is likely to ask for certain additional information in order to attest the reality of the identity of the Practitioner. By accepting the present Terms and Conditions, the Practitioners agree to transmit all the above mentioned information at the first request of Bien-être World. Otherwise, the Services will not be accessible.
The Practitioner agrees to provide accurate and true information and to update it systematically, through his profile on the website or by notifying Bien-être World, in order to ensure its relevance and accuracy throughout the use of the Application. The Practitioner agrees not to create or use, under his own identity or that of a third party, other accounts than the one initially created.
In case of disregard of the provisions of these Terms and Conditions, T6 COSMOS reserves the right to modify or terminate access to the Application at any time, without notice and without liability to the Practitioner.
T6 COSMOS also reserves the right to remove any Content whatsoever from the Application, for any reason and without prior notice. However, the deleted Content may be retained by T6 COSMOS in order to comply with certain legal obligations.
ARTICLE 5: SERVICES
5.1 The creation of an Account allows the Practitioners to access certain functionalities available on the Application. These features allow the Practitioners, without this list being exhaustive, to :
Consult Users' profiles;
Propose their available hours of Consultations to Users;
The Services offered by Bien-être World may change. T6 COSMOS reserves the right to offer any Services it deems useful, in a form and according to the functionalities and technical means it deems most appropriate to provide the said Services.
T6 COSMOS reserves the right to make any changes and improvements to the Services as it sees fit, provided that this does not result in any alteration of quality or substantial modification of the functionality of the Services.
5.2 All Consultations offered via the Application are offered and managed by the Practitioners themselves. Each Practitioner Profile has its own content, which may evolve at the discretion of the Practitioner, without prejudice to the provisions of Articles 8 and 9 of these Terms and Conditions.
In no case T6 COSMOS can guarantee the presence in the Applications of any particular Content or service.
Similarly, T6 COSMOS cannot guarantee the indefinite presence of a Content or a Profile, and T6 COSMOS will in no case be responsible for the deletion or deactivation of elements of the proposed Contents.
5.3 The management of the Consultations proposed by the Practitioner via the Application presented under his/her Profile, is the responsibility of each Practitioner, who acknowledges that he/she is entirely responsible for his/her Consultations, in any capacity whatsoever.
It is the responsibility of the Practitioner to honour his appointments, as soon as a User books 24-hour in advance of a Consultation.
The Practitioner is solely responsible for the performance of his service in accordance with its description and, in the event of a dispute, must justify having correctly performed the Consultation.
5.4 The Services are accessible 24 hours a day, 7 days a week within the limits of the provisions set out below.
In accordance with Regulation (EU) 2017/1128 on cross-border portability of online content services, the Practitioner who has subscribed to the Services from a Member State of the European Union, will have access to the same content and in the same way during his temporary use of the Services in another Member State, without additional cost. However, T6 COSMOS cannot guarantee the same quality of service as that provided to the Practitioner in his country of residence.
5.5 Temporary interruptions of the Services will, to the extent possible, be notified via the Site or the Application at least 24 hours before they occur, except when such interruptions are of an emergency nature.
In the event of an interruption of a significant feature of a Service, or a significant change to a backwards-compatible Practitioner-facing API, notification will occur within one (1) month, unless such duration (a) poses a security or intellectual property concern for Bien-être World or the Services, (b) is economically or technically burdensome, or (c) is likely to cause T6 COSMOS to violate any legal requirements.
Likewise, any permanent closure of the Services will be notified via the Site and/or the Application at least one (1) month before it occurs, and the Practitioner will no longer be liable for providing his/her services as of the date of termination of the Services.
ARTICLE 6 : FEES - PAYMENT CONDITIONS
The amount of the commission due to Bien-être World by the Practitioners for the services and consultations amounts to thirty percent (30%) for each session related to a consultation. Consultation fees net of commissions will be paid directly into practitioner’s bank account at the end of each calendar month.
Practitioners acknowledge that they have been informed that T6 COSMOS reserves the right to reassess the amount of commission due to it at any time. Any reassessment of the commission due to T6 COSMOS by the Practitioners will be the subject of an update of the present Terms and Conditions.
Any objection to any statement of account or any dispute arising therefore must be made (and any dispute commenced) no later than one (1) month after the date such statement was made, and Practitioner hereby waives any longer statute of limitations that may be allowed by law.
In the event that T6 COSMOS has, in good faith, reason to suspect that Practitioner's account has been subjected to and/or involved in fraudulent or infringing activity, T6 COSMOS reserves the right to discontinue the Services.
ARTICLE 7: OBLIGATIONS OF THE PARTIES
7.1 The Practitioner and the User undertake, during the use of the Platform, to respect the laws and regulations in force and not to infringe the rights of third parties or public order. The Practitioner is solely responsible for the information transmitted via the Application and the Platform. In this respect, T6 COSMOS cannot be held responsible in any way.
7.2 When using the Application, the Platform and/or its Services, Practitioners shall refrain from:
Defame, abuse, harass, stalk, threaten or otherwise violate the rights of others (such as rights of privacy and publicity);
Upload to T6 COSMOS servers, publish, email, transmit or otherwise make available any material of any kind (whether or not computer-generated, written or otherwise);
Impersonate any other person or entity, falsify or delete any copyright notices, legal notices, proprietary rights notices or labels regarding the origin or source of Services or any other elements of the Platform:
Remove copyright, trademark and other proprietary notices from the Platform and/or its Services and/or related materials;
Partially or totally prevent another User from accessing or using the Platform or using or benefiting from the Services;
Use the Platform or the Services for purposes that are illegal, prohibited or likely to offend public order and/or morality;
Interfere with or disrupt the Platform and/or the Services, or the servers or networks connected to the Platform and/or the Services, or violate the requirements, procedures, rules or regulations of the connected networks;
Use any robot, spider, or other device to retrieve or index any portion of the Platform and/or Services, or to collect information about Practitioners or Users for any unauthorized purpose;
Create Accounts automatically or for any devious or fraudulent purpose;
Promote or provide instructions on illegal activities, or promote physical or moral violence against any group or individual;
Offer any commercial promotion or discounted rates from any other company or service;
Transmit viruses, worms, defects, Trojan horses or anything else of a destructive nature or which may steal or reveal data of another User.
7.3 Practitioners also agree to:
Not to publish any false information;
Not to bypass the system of connecting Users set up by Bien-être World;
Not to adopt, when using the Platform, any behaviour that is of a nature to (i) cause harassment of third parties or to call upon third parties to engage in harassment, (ii) incite hatred, discrimination, racism, bigotry and physical violence of individuals or groups of individuals, (iii) solicit funds for the financing of illicit activities, (iv) represent or advocate illegal activities or conduct that is defamatory, abusive, obscene, threatening or libellous, or that contains false or misleading information, (v) promote or encourage any criminal activity or enterprise, or provide guidance or instructions on how to promote illegal activities, invasion of privacy, dissemination and creation of computer viruses.
7.4 In the event of a breach by the Practitioner of any of the provisions hereof, T6 COSMOS reserves the right to:
Suspend, remove or prevent access to the Services of the Practitioner - author or accomplice of the breach;
Delete any Content related to the breach in whole or in part;
Take all appropriate measures and take any legal action;
If necessary, notify the competent authorities, cooperate with them and provide them with all information useful for the research and repression of illegal or illicit activities.
ARTICLE 8: LIABILITY
8.1 Relative to the Platform
T6 COSMOS cannot be held responsible for the Content published by the Practitioners and the Users on any support or platform whatsoever, and does not give any guarantee, express or implicit, in this respect.
Practitioners and Users are solely responsible for their use of the Application and the Platform and the direct or indirect consequences of such use. They are responsible for using the Application and the Platform in accordance with the regulations in force and the recommendations of the C.N.I.L.
Bien-être World does not have knowledge of all the Contents, messages and opinions put online by the Practitioners and the Users except Users Reviews and Practitioners Notes, but can carry out a moderation, selection, checking or control if necessary. However, with regard to these Contents, messages and opinions, Bien-être World intervenes only as a hosting provider.
T6 COSMOS may from time-to-time pre-screen, check, modify the information published. T6 COSMOS cannot be responsible for the Contents created by the Practitioners and Users.
In no event shall T6 COSMOS, its subsidiaries or affiliated entities, or any of their respective employees, officers, directors, agents, resellers, partners, third party Content providers or licensors, or any of their officers, directors, employees or agents, be liable for any indirect, incidental, special, consequential or punitive damages arising out of or relating to:
Use of the Application, Platform or Services;
Inability to use the Application, Platform or Services;
Modification or deletion of Content transmitted via the Application; or
these Terms and Conditions.
In no event shall the liability of T6 COSMOS in connection with the Services exceed the value of the sums it has received. The Practitioner agrees that any grievance arising from or relating to the Application, the Platform or the Services must be formulated within one (1) month from the event giving rise to the grievance, under penalty of definitive foreclosure on account of said grievance. Because some jurisdictions do not allow limitations on the duration of an implied warranty, some or all of the above limitation may not apply.
Moreover, T6 COSMOS could not be held responsible for the non-functioning, impossibility of access or dysfunction of the services of the provider of access of the Practitioners or the Users, to those of the Internet network. It will be the same for all other reasons external to T6 COSMOS. Indeed, although T6 COSMOS makes every effort to avoid malicious use of the Application and/or the Platform, T6 COSMOS cannot be held responsible for any damage resulting from the transmission of a virus or any other element likely to contaminate computer equipment and programs.
8.2 Related to the Services
T6 COSMOS and the Practitioners are independent parties, each acting in their own name and for their own account.
Since T6 COSMOS is not a party to the relationship established between the Practitioners and the Users, T6 COSMOS shall in no way be held liable for any difficulties that may arise during the provision of services by the Practitioners, nor shall it be a party to any disputes between them, due to any guarantees, declarations or obligations whatsoever to which the Practitioners may be bound.
T6 COSMOS declines all responsibility for any incidents or accidents that may occur to the Practitioners or Users or to third parties during the use of the Application, the Platform and its Services. More generally, T6 COSMOS shall not be held responsible for any damage of any kind (personal, physical, material, financial or other) arising from the use of the Application, the Platform and/or the Services by the Practitioners or the Users. No claim will be accepted in this respect.
T6 COSMOS undertakes to provide the Services with diligence and according to these rules, being specified that it weighs on it an obligation of means, with the execution of any obligation of result, which the Practitioners recognize and accept expressly.
8.3 Practitioner's Warranty
The Practitioner undertakes to guarantee and indemnify T6 COSMOS and its subsidiaries, affiliates, representatives, agents and staff, advertisers or partners, from any claim resulting from the use of the Application, the Platform, the Services or the Content that does not comply with the present Terms and Conditions, from the breach by him of the present Terms and Conditions or from any other action on his part related to a prohibited use of the Application, the Platform, the Services or the Content.
He also agrees to indemnify T6 COSMOS, its subsidiaries, affiliates, representatives, agents and staff, advertisers or partners, from any liability or expense resulting from claims, losses, damages (direct or indirect), lawsuits, judgments, court costs and consulting fees of any kind.
ARTICLE 9: INTELLECTUAL PROPERTY RIGHTS
9.1 T6 COSMOS is the exclusive owner of the intellectual property rights on the Application and on the Platform and in particular of all the texts, comments, works, illustrations, videos and images, whether visual or sound, reproduced on the Application, the Platform as well as its databases of which it is the producer.
All these intellectual creations are protected by copyright, trademark law, patent law, database law and image rights.
In this respect and in accordance with the provisions of the Intellectual Property Code, only the use of the Application and the Platform for private use, subject to different or even more restrictive provisions of this code, is authorized.
Any other use constitutes an infringement and is punishable under the Intellectual Property law of each jurisdiction unless prior authorization is granted from T6 COSMOS.
Any form of total or partial copy, aspiration and reproduction of the database produced and operated by T6 COSMOS on the Application and on the Platform is strictly prohibited without its prior written consent.
9.2 T6 COSMOS is not the owner of the Content published on the Application and on the Platform. By using the Platform, the Practitioner grants T6 COSMOS a non-exclusive, royalty-free, perpetual, royalty-free, transferable, irrevocable and sub-licensable right to use the Content that the Practitioner publishes on the Application and the Platform.
Therefore, the Practitioner declares that:
He/she is the owner of the Content published on the Application and on the Platform or through it, or that he/she is authorized to grant the rights and licenses evoked in the present Terms and Conditions;
The publication and use of the Content on or through the Application and the Platform does not infringe, misappropriate or violate the rights of third parties, including, but not limited to, rights of privacy, publicity rights, copyrights, trademarks and other intellectual property rights.
SECTION 10: PROFESSIONAL INDEMNITY INSURANCE
The Practitioner undertakes to take out and maintain throughout the period of use, by him/her or through his/her intermediary, of the Application, the Platform and its Services, with a solvent insurance company, a professional indemnity insurance policy sufficient to cover his civil liability and, where applicable, that of his agents or representatives.
The Practitioner undertakes to provide T6 COSMOS, upon request, with proof of the corresponding insurance.
ARTICLE 11 : TECHNICAL PROVISIONS
The Services are provided as is and as available. T6 COSMOS does not guarantee an error-free supply, without punctual and secure interruption of the Services proposed via the Application and the Platform.
T6 COSMOS is not bound by any obligation of personalized technical assistance. T6 COSMOS declines any express or implicit guarantee in particular concerning the quality and the compatibility of the Application and the Platform to the use that the Practitioners or the Users will make of it.
T6 COSMOS does not guarantee any result or benefit in the use that will be made of the Services offered through the Application and the Platform.
T6 COSMOS does not guarantee either that the information and data circulating on the Internet are protected against such attacks or possible misappropriations.
ARTICLE 12: SECURITY
Practitioners undertake to take all reasonable precautions to preserve the confidentiality of their login and password allowing access to the Application and the Platform.
In this respect, they undertake in particular:
To always use their identifiers away from prying eyes and ears;
Not to compose his identifiers in front of third parties.
It is also strongly recommended that Practitioners change, at regular intervals, the password required for access to the Application and the Platform, by accessing their Login Account on the website and tab "my account", then "Change password".
When changing his password, the Practitioner must ensure that the password does not consist of easily identifiable combinations such as his surname, first name, date of birth, or those of a close relative (spouse, child, etc.), a password used for other purposes (in particular for a personal email, etc.).
The Practitioner must in particular make sure to choose a sufficiently long password and composed each time that it is possible, of a combination comprising at the same time letters, numbers, as well as characters in upper and lower case.
The Practitioner also undertakes not to store his identifiers on his computer, smartphone and/or digital tablet, nor to send them via non-secure transmission channels such as e-mail or SMS.
The Internet is an open international telecommunications network that the Practitioner can access through a computer, smartphone or digital tablet. In order to access the Application, Platform and Services, the Practitioner must comply with the technical requirements (regarding equipment and software) as described in these Terms and Conditions.
The Practitioner is required to take all necessary measures to ensure that the technical characteristics of his computer, smartphone, or digital tablet, as well as their software and internet subscription, allow him to access the Application and the Platform safely.
The Practitioner is entirely responsible for the proper functioning of his computer equipment, as well as his internet connection. As such, the Practitioner must ensure that this equipment is free of problems or viruses and has sufficient security to prevent the risk of a third-party obtaining access to his or her Account and the data contained therein.
The Practitioner must make every effort to maintain such security. In particular, the Practitioner must ensure that there is no risk of hostile programs or viruses accessing and disrupting T6 COSMOS' computer systems. In particular, the Practitioner must ensure the security of his/her computer, smartphone, digital tablet, by using and regularly updating anti-virus and anti-spyware software as well as a personal firewall.
The Practitioner assumes all technical risks, particularly those related to power outages, connection interruptions, malfunctions or network or system overloads.
The Practitioner acknowledges that he/she must use the internet service provider of his/her choice to access the internet, the Application, the Platform and the Services. In this context, the Practitioner acknowledges that it is up to him to choose his internet service provider and to set the terms of his relationship with the provider.
T6 COSMOS shall not be responsible for any risks related to the internet access and risks related to the transmission of data remotely by the Practitioner or to the Practitioner, in particular in case of conflict between the Practitioner and his internet provider, related to the confidential/personal nature of the transmitted data, the cost of transmission, maintenance and interruptions of the telephone lines and the internet network.
The Practitioner is responsible for using the Services in accordance with the technical requirements in accordance with the security instructions given by T6 COSMOS.
Under normal conditions, the Services are accessible through the Application.
The Practitioner must log in to the Application for a limited period of time and agrees to
disconnect as soon as he/she has finished using the Services. The disconnection of the Application is not automatic, once connected, the Practitioner remains connected until he disconnects by clicking on the disconnection indication.
T6 COSMOS reserves the right to:
Delete or remove any Content or information that T6 COSMOS deems inappropriate;
Without prejudice to legal actions initiated by third parties, to exercise personally any legal action to repair the damage that T6 COSMOS would have personally suffered because of breaches attributable to the Practitioners under these Terms and Conditions;
To warn if necessary, the competent authorities, to cooperate with them and to provide them all the useful information to the research and the repression of illegal or illicit activities, in accordance with the legislation in force.
12.2 Modification and termination of Services
The Practitioner may unsubscribe from the Application and the Platform at any time by sending a request to this effect to T6 COSMOS, by electronic means only. T6 COSMOS shall then send the Practitioner, by electronic means, confirmation of his or her unsubscription to the Services, with the unsubscription taking effect on the date of such confirmation by T6 COSMOS.
T6 COSMOS reserves the right to modify or discontinue any or all of the Services at any time, at its sole discretion. The Practitioner shall be informed of such modifications and/or termination by any useful means, within fifteen (15) days.
In the event that the Practitioner fails to comply with these Terms and Conditions, T6 COSMOS reserves the right to suspend or terminate the Practitioner's access to the Services, with immediate effect, in the event that the Practitioner fails to comply with any provision of these Terms and Conditions, or if the Practitioner accesses the Services in violation of any law, rule or regulation applicable to T6 COSMOS. Termination shall be effective as of the date of its notification by T6 COSMOS to the Practitioner by electronic means. Termination shall automatically and without prior notice result in the deletion of the Account.
The termination of the Services, for any reason whatsoever, leads to the deletion of the Account, which then no longer has access to his Account.
ARTICLE 13: FORCE MAJEURE
Any event beyond the control of T6 COSMOS or its affiliates, and against which it could not reasonably guard constitutes a case of force majeure and suspends as such the obligations of the parties, such as, but not limited to: a strike or technical failure
(telecommunications operators, internet access providers or hosting etc.. ), a stop of energy supply (such as electricity), a failure of the electronic communication network on which T6 COSMOS depends and/or networks which would come to replace it.
T6 COSMOS cannot be held responsible, or considered as having failed in its obligations envisaged in the present Terms and Conditions, for any non-fulfilment related to a case of absolute necessity as defined by the French law, on the condition that it notifies it to the other party on the one hand, and that it makes possible to minimize the damage and to carry out as soon as possible its obligations after cessation of the case of absolute necessity on the other hand.
ARTICLE 14 : INTEGRITY
The provisions of the present Terms and Conditions express the entirety of the agreement concluded between the Practitioner and T6 COSMOS. They prevail over any proposal, exchange of letters prior and subsequent to the conclusion of the present Terms and Conditions, as well as over any other provision appearing in the documents exchanged between the parties and relating to the object of these Terms and Conditions, except in the case of an amendment duly signed by the representatives of both parties.
ARTICLE 15 : NON-WAIVER
The fact that one of the parties to the present Terms and Conditions has not demanded the application of any clause, whether permanently or temporarily, may in no case be considered as a waiver of the rights of this party arising from the said clause.
ARTICLE 16: INVALIDITY
If one or more provisions of the present Terms and Conditions are held to be invalid or declared as such in application of a law, a regulation or following a final decision of a competent jurisdiction, the other stipulations of the present Terms and Conditions will keep all their force and their scope.
If necessary, T6 COSMOS undertakes to immediately remove and replace the said clause by a legally valid clause.
ARTICLE 17 : TITLES
In case of difficulty of interpretation between the title and the chapter of any of the articles and any of the clauses, the titles will be considered as not written.
ARTICLE 18: ATTRIBUTION OF JURISDICTION - APPLICABLE LAW
The present Terms and Conditions are governed and interpreted in accordance with the laws of Hong Kong, without taking into account the principles of conflict of laws.
In the event of a dispute arising from the interpretation and/or performance of these Terms and Conditions or in relation to these Terms and Conditions, the parties undertake to make every effort to resolve amicably any disputes to which these Terms and Conditions may give rise.
Thus, in case of dispute between the Practitioner and T6 COSMOS, the parties agree to negotiate in good faith the settlement of the dispute. If the parties fail to settle the dispute after at least thirty (30) working days of negotiation, the dispute shall be settled before the competent courts of Hong Kong.
All disputes, in particular relating to the validity, performance, interpretation, and/or breach of these Terms and Conditions shall be subject to the sole jurisdiction of the courts of Hong Kong.
Please send by registered mail to our head office:
Suite 409, 37 Queen’s Road Central,
Hong Kong, China.