The website www.mypharmacompany.com is published by the company :
My Pharma Company, a simplified joint stock company with registered capital of €60,000, with head offices at 13 rue Saint Honoré, 78000 Versailles, France, and registered with the Versailles Trade & Companies Register under number 751 545 807.
EU VAT : FR85751545807
Correspondence address :
- E-mail – [contact @ mypharmacompany.com]
Postal address – [My Pharma Company 13 rue Saint Honoré 78000 Versailles France]
Telephone no. : [+33 (0)1 80 84 52 10]
Director of publication : M. Fabrice Beauchêne
The site is hosted by :
- Digicube SAS
35 771 Vern sur Seiche CEDEX
The site is hosted by : FR72510277056.
Digicube is a simplified joint stock company (SAS) with registered capital of €37,000, with head offices at 26 avenue de la Gare, 35770 Vern-sur-Seiche, France, and registered with the Rennes Trade & Companies Register under number 510 277 056. EU VAT
Digicube is a telecoms operator declared to ARCEP (French Electronic Communications and Postal Regulatory Authority) under number 09/0329.
I. PRELIMINARY PROVISIONS
Correspondence Address : refers to the e-mail and postal addresses provided at the beginning of this document.
Account : refers to the User’s personal space, created to allow the User access to any Services extending beyond merely viewing the freely accessible contents of the My Pharma Company Platform.
Documentation : refers to all of the documents accessible by the User, for each Participatory Financing Transaction presented on the MY PHARMA COMPANY Platform.
Personal Data : refers to any personal information that the User may enter when creating an Account and using the Services, as well as the personal information that is automatically collected through use of the Services or access to the My Pharma Company Platform.
Intellectual Property Rights : refers to all brands, domain names, copyrights, drawings and models, patents, database rights and any other intellectual property rights exploited by My Pharma Company as part of its online provision of the My Pharma Company Platform or performance of the Services.
Form : refers to the registration form required to create an Account, which the User must complete before being able to access the Services.
Guest : refers to a physical person or legal entity accessing the public section of the My Pharma Company Platform without creating an Account and without having a status of User.
Hyperlink : refers to a referencing system taking the form of a word, an icon or a logo that, when clicked on, switches from one document to another on the same website or from one website’s page to that of a different website.
MangoPay : designates the electronic payment interface provided by My Pharma Company to the User for the purpose of project subscriptions. This solution is managed by Leetchi Corp. S.A., a limited company registered in Luxembourg with capital of €500,000, with head offices at 14 rue Aldringen, L-1118 Luxembourg and registered with the Luxembourg Trade & Companies Register under number B173459. Leetchi Corp. S.A. is an electronic money issuer certified as such by the Commission de Surveillance du Secteur Financier under number 3812. Use of this solution is contractually governed by the MangoPay General Terms and Conditions of Use available at http://mypharmacompany.com/mangopay.html
Participatory Financing Transaction: refers to all of a Project’s participatory transactions proposed by a Project Owner and presented on the My Pharma Company Platform.
Institutional Partners : refers to My Pharma Company’s partners and subcontractors (depositary banks, intermediaries involved in payment transactions, electronic money issuers (MangoPay), etc.).
My Pharma Company Platform: refers to the website made available to the public at the address www.mypharmacompany.com.
Project Owner: refers to the proprietor legal entity assigned to fulfil any project covered by a Participatory Financing Transaction.
Project : refers to all research and development work presented by a Project Owner on the My Pharma Company Platform with a view to obtaining funding via a Participatory Financing Transaction.
Services : refers to the services offered by My Pharma Company to its Users via the intermediary of the My Pharma Company Platform, i.e. access to the information in the secure area of the site and provision of a tool, in that secure area, allowing Users to enroll in Subscriptions.
Subscription : refers to a User’s commitment to participate in a Participatory Financing Transaction.
User : refers to any physical person or legal entity with an Account and eligible to use the Services offered by My Pharma Company.
The purpose of the present GTU is to define :
- - the conditions under which Guests and Users can access the My Pharma Company Platform’s public area; and
- - the conditions under which Users can make use of the Services that are available on the My Pharma Company Platform.
All Guests/Users represent that they have read through and expressly and unconditionally accept the GTU in effect on the date of their access to the My Pharma Company Platform. Any access to or use of the My Pharma Company Platform shall entail the unreserved acceptance of the present GTU by all Guests.
I.3. MODIFICATION OF THE GTU OR OF THE MY PHARMA COMPANY PLATFORM
My Pharma Company may modify the My Pharma Company Platform’s GTU at any time. Guests/Users must therefore refer to the latest version of the GTU accessible on the My Pharma Company Platform on the date of their consultation of the site. Further, for access to certain sections of the My Pharma Company Platform, the GTU may be supplemented by additional terms and conditions, which will be sent directly to the concerned Guests/Users.
My Pharma Company also reserves the right to modify or upgrade the pages of the My Pharma Company Platform and its Services, as well as their pricing and terms of access, at any time. These changes shall come into effect as soon as they are brought online on the My Pharma Company Platform. It is the responsibility of each Guest and User to regularly review the latest version of the GTU accessible on the My Pharma Company Platform. Any use of the Services after a change to the GTU shall entail the User’s pure and simple acceptance of the new GTU.
II. PROVISIONS APPLICABLE TO USERS
II.1. ACCOUNT CREATION
In order to access the My Pharma Company Platform’s Services, Guests must create an Account. Guests with an Account shall have the status of User. Account creation is exclusively reserved to adult physical persons not placed under conservatorship, legal guardianship or judicial protection. All of the equipment used to access the My Pharma Company Platform’s Services (computers, software, etc.) is the exclusive responsibility of the User, as are the telecommunications expenses generated by their use. An Account is created by completing an online form (http://www.mypharmacompany.com/login), which the Guest must fill in and submit to the My Pharma Company Platform. The Guest must also provide a certain amount of required information to the My Pharma Company Platform.
Any Guest creating an Account on the My Pharma Company Platform represents and warrants that :
- - all the information provided during registration is accurate, up-to-date and representative of reality; and
- - the accuracy of that information will be maintained by means of updates to the Account performed as needed by the User.
Once the registration has been approved, an Account activation e-mail will be generated. The Account should generally be activated within 24 hours of approval of the registration. A personal login and confidential password will be sent to the User when the latter’s registration is approved. The login and password should never be transmitted to or shared with a third party. Under no circumstances may My Pharma Company be held liable for loss of a login and/or password by a User. Each User may have one and only one Account in his/her name. Consequently, Users undertakes to refrain from creating or using Accounts on the My Pharma Company Platform other than the one initially created and assigned, whether under their own identities or that of a third party.
Because My Pharma Company does not have the means to verify Guests’ identities when creating Accounts, it shall not be held liable in the event of a User’s identity theft. Should a User have reason to believe that another person is using his/her Account or identity or has accessed his/her Account, the User must immediately notify My Pharma Company by e-mail and by post sent to the Correspondence Addresses. The fact of creating or using a new Account under a User’s own identity or that of a third party without having previously requested and obtained My Pharma Company’s written authorization to do so may, at the latter’s sole discretion, result in the immediate suspension of the User’s Account(s) without notice and in the cancellation of the Subscriptions entered into on those Accounts.
II.2. SERVICES AVAILABLE TO USERSOnce registered, each User will enjoy access to the My Pharma Company Platform’s Services.
- - the Projects covered by a Participatory Financing Transaction;
- - the companies and laboratories benefiting from a Participatory Financing Transaction; and
- - the special terms and conditions for fulfilling each Participatory Financing Transaction.
II.2.2. SUBSCRIPTION TO A PARTICIPATORY FINANCING TRANSACTION
After reading through the Documentation for an identified Project, any warnings about the risks relating to a Subscription to the relevant Participatory Financing Transaction, and the different explanations of the terms and conditions for fulfilment of the investment, the User may decide whether or not to proceed with a Subscription, under his/her own responsibility.
If the User decides to go ahead, he/she will be bound to electronically complete all the documents formalizing the commitment, namely including :
- - a Subscription form;
- - a participatory financing agreement; and
- - a common interest mandate given to My Pharma Company.
The User must then make immediate payment of the amount defined in the Subscription. To that end, he/she will be automatically redirected to a third party payment site, where he/she will be asked to accept and conform to the conditions applicable to payments made on that website. Acceptance hereof shall entail the User’s unreserved acceptance of MangoPay’s General Terms and Conditions of Use, which can be accessed at the following address [http://mypharmacompany.com/mangopay.html]
II.3. ACCOUNT DURATION / TERMINATION
The User may delete his/her Account on the My Pharma Company Platform, as specified in the Help section (http://mypharmacompany.com/help.html), so long as he/she has not enrolled in a Subscription. Once the User has enrolled in an initial Subscription, he/she may no longer delete the Account before the end of all the Participatory Financing Transactions to which he/she has subscribed.
Deletion of the User’s Account and Personal Data, where possible, should take effect within 24 hours of the User’s request. Should the User fail to comply with the GTU, My Pharma Company reserves the right to suspend or terminate the User’s Account, at the User’s risk and expense and without notice. This termination will not prejudice any damages that My Pharma Company - or its successors-in-interest or legal representatives - may be entitled to claim of the User, as reparation for the damage suffered due to such a violation hereof.
III. PROVISIONS COMMON TO GUESTS AND USERS
III.1. RULES FOR USE OF THE MY PHARMA COMPANY PLATFORM
Within the context of user of the My Pharma Company Platform, the Guest/User undertakes to follow the below rules :
- - respect the intellectual property rights relating to the content supplied by the My Pharma Company Platform;
- - never divert a My Pharma Company Platform functionality from its initially planned use; and
- - do not overload the site in any way whatsoever.
Should the Guest/User utilize those elements in a way that runs contrary to their intended use, My Pharma Company reserves the right to terminate or suspend their Account without warning. The My Pharma Company Platform may only be consulted for strictly private, non-commercial purposes. Guests/Users undertake to refrain from using the My Pharma Company Platform in an attempt to offer their services to Project Owners or Institutional Partners and may not contact these latter within this framework, for any reason whatsoever. They shall also refrain from copying the form and/or content of the My Pharma Company Platform.
Hyperlinks pointing to the My Pharma Company Platform are prohibited without the prior written authorization of My Pharma Company.
III.2. GENERAL INFORMATIONThe non-secure area (open to non-members) of the My Pharma Company Platform includes general informational sections on participatory financing and the terms and conditions by which Guests/Users may subscribe to a Participatory Financing Transaction.
III.3. SOFTWARE DOWNLOADSCertain software may be required to download documents from the My Pharma Company Platform. The use of any software downloaded from the My Pharma Company Platform is governed by the terms of the license accompanying it.
The brands, logos, graphics, photographs, animations, videos and texts contained on the My Pharma Company Platform are the intellectual property of My Pharma Company, its Institutional Partners or Project Owners and may not be reproduced, used or shown without the express authorization of My Pharma Company, on pain of legal action. The My Pharma Company Platform is deposited with the Agency for the Protection of Programmes (APP) located at 54 rue de Paradis, 75010 Paris, France.
III.5.1. My Pharma Company undertakes to ensure that access to its computer systems and equipment is protected such as to limit the risk of unauthorized third parties accessing Guest/User confidential data.
III.5.2. The Guests/Users undertake to refrain from disrupting or attempting to disrupt the My Pharma Company Platform’s activities.
III.6. HYPERLINKSThe My Pharma Company Platform contains hyperlinks to websites managed by third parties. My Pharma Company has no control over those sites and, as such, may not be held liable for their content. Consequently, My Pharma Company provides no guarantees as to the content or operation of those websites.
III.7.1. GENERAL LIMITATIONS OF LIABILITYMy Pharma Company’s liability may only be invoked under common law conditions, in the name of direct, foreseeable damage suffered by the Guest/User, pursuant to the provisions of Articles 1150 et seq. of the French Civil Code. Save in the case of serious or willful misconduct on the part of My Pharma Company, the latter’s liability for any indemnifiable damage duly established by the Guest/User may not exceed a sum equal to twice the total amount paid by the Guest/User as part of a Participatory Financing Transaction.
III.7.2. SPECIFIC LIABILITY EXCLUSIONS
- - FAULTS IN THE RELIABILITY OR OPERATION OF COMMUNICATIONS NETWORKS
- - FAULTS IN THE RELIABILITY OR OPERATION OF NETWORK OPERATOR OR INTERNET SERVICE PROVIDER NETWORKS
- - HARDWARE MALFUNCTIONS OR OPERATOR ERROR / FAULT OF THE GUEST/USER
- - NO PERSONALIZED OR GENERAL INVESTMENT RECOMMENDATIONS
- - RISK OF LOSS OF INVESTED CAPITAL
- - NO LIABILITY FOR INFORMATION COMMUNICATED BY PROJECT OWNERS
- - BREACHES BY THIRD PARTIES
III.8. SERVICE ACCESSIBILITY
My Pharma Company shall keep the My Pharma Company Platform accessible 7 days a week, 24 hours a day, subject to :
- - interruptions in access, namely to perform maintenance or updates on the My Pharma Company Platform; and
- - access problems caused by the Guest’s/User’s computer systems or hardware, their improper use or handling by the Guest/User, disturbances at the network operator or Internet service provider’s facilities, network traffic overloads, or any other reason external to or beyond the control of My Pharma Company.
My Pharma Company does not guarantee that the My Pharma Company Platform will be compatible with all the browsers available on the market. My Pharma Company reserves the right to refuse any Guest/User access to all or part of the My Pharma Company Platform, unilaterally and without prior notice, namely in the event of a clear violation of the GTU by the said Guest/User. My Pharma Company will provide Guests/Users with telephone support to answer their questions concerning how the My Pharma Company Platform works, as per the terms and conditions set out in the Help section (http://mypharmacompany.com/aide.html).
III.9. PERSONAL DATA - CONFIDENTIALITY OF GATHERED DATA
III.9.1. COLLECTION OF PERSONAL DATAThe Personal Data collected via the My Pharma Company Platform and subsequently processed by My Pharma Company are those which the Guests/Users transmit voluntarily, namely by means of the Account creation Form.
The Personal Data communicated by Guests/Users may include the following:
- - surname;
- - first name;
- - valid e-mail address;
- - valid mobile telephone number or, failing that, valid landline number;
- - password;
- - date of birth;
- - profession
- - postal address;
- - bank details;
- - copy of an identification document; and
- - any other documents needed to establish a financial payment (identification document, company registration document, etc.) or for the fight against money laundering and terrorist financing, : e.g., proof of address, classification questionnaire for professional or non-professional clients, documents justifying funding sources, etc.
For the purposes of operation of the My Pharma Company Platform, Personal Data are collected automatically by My Pharma Company. The Personal Data will be used to:
- - identify the Guest/User and and/or verify compliant use of the My Pharma Company Platform by the Guest/User;
- - protect the My Pharma Company Platform and/or the Guest/User;
- - ensure that Subscriptions are processed correctly;
- - carry out the Services;
- - respond to requests from administrative and judicial authorities; and
- - Reinforce and personalize communications with the Guest/User, namely by sending informative, commercial newsletters and special offers subject to his/her prior acceptance thereof, with the specification that, if the Guest/User should change his/her mind and decide that he/she no longer wants to receive those newsletters or special offers, he/she may so inform My Pharma Company, which will deactivate that function.
III.9.2. PERSONAL DATA PROTECTION - DECLARATION TO THE CNILThe collection and processing of Users’ Personal Data must be done in accordance with people’s basic rights, particularly their right to privacy. To that end, My Pharma Company undertakes to ensure that any processing of Personal Data by the My Pharma Company Platform will be handled in accordance with French Law 78-17 of 6 January 1978 on computers, electronic files and liberties. The data management performed by the My Pharma Company Platform has been declared to the CNIL (French Commission on Computers and Liberties) under numbers:
- - 1685742 : concerning the automated processing of personal data for the management of current and existing clients; and
- - 1685741 : concerning the automated processing of personal information relating to financial instruments.
III-9.3 DISPUTE RESOLUTIONIn the event of a dispute, please send a written request describing your motives to our customer service at firstname.lastname@example.org or by mail at My Pharma Company, 13 rue St Honore, 78000 Versailles.
If you are not satisfied with our answer, or should we fail to answer you within 2 months, you can contact our mediator: Mediaframa for any dispute filed over the past twelve (12) months at www.mediaframa, or by mail at
Le Médiateur MEDIAFRAMA
41, Rue Simon Vollant
Parc d’activité de la Cessoie
The resolution proposed by the mediator is not compulsory to the parties, which remain free to exit the mediation process at anytime.
The consumer mediation :
- is only relevant to the investors (i.e. individuals)
- is restricted to the relationships between the individuals and the platforms (i.e. excludes the relationships with entrepreneurs or payment contractor entities)
III.10. GOVERNING LAW - ASSIGNMENT OF JURISDICTION
The present GTU shall governed and interpreted in accordance with French law. Should any of the terms hereof be found by a court ruling to be illegal or unenforceable, the other provisions shall still remain in effect. French is the contract language for the present GTU. SUBJECT TO THE PUBLIC POLICY PROVISIONS APPLICABLE TO COMPETENT JURISDICTION, ANY DISPUTES OR DISAGREEMENTS TO WHICH THE GTU MAY GIVE RISE, NAMELY AS CONCERNS THEIR VALIDITY, INTERPRETATION, EXECUTION OR TERMINATION, SHALL BE SETTLED BY THE COMPETENT COURTS UNDER THE PARIS COURT OF APPEALS, MULTIPLE RESPONDENTS AND THE INTRODUCTION OF THIRD PARTIES NOTWITHSTANDING, INCLUDING FOR EMERGENCY PROCEEDINGS, SUMMARY RULINGS ON PROTECTIVE MEASURES, AND BY PETITION.