Terms and conditions
ARTICLE 1: GENERAL PROVISIONS
The website available at the following address: https://www.synwell-sante.com/ and the Platform named "SynWell" are the property of SynWell, a company incorporated under Congolese law (RC), SCIEN n°1995292, whose registered office is located́ at 54, avenue Felix Eboue, Poto-Poto, BRAZZAVILLE, which offers an appointment management application reserved for Healthcare Professionals as well as an online appointment scheduling service, designed for Users.
The identity of the publishing director and of the host are shown in the legal information available on the SynWell website at https://www.synwell-sante.com/.
For any questions regarding the Services offered by SynWell, Users may contact SynWell by email at the following address: contact@synwell-sante.com.
ARTICLE 2: DEFINITIONS
In addition to the terms defined elsewhere in these general terms and conditions, the terms and expressions listed below, whose first letter is capitalized, are defined as follows:
These terms will have the same meaning in singular and plural form.
- "GTC": means the general terms and conditions of use of the Services defining the terms and conditions of access to and use of SynWell's Services;
- "Account": refers to the account created by the User, accessible from the Website and enabling the User to subscribe to and use the Services;
- "Intellectual Property Elements": refers to all IT components (in particular software and IT developments and web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, documentation relating to the use and operation of the Website), the graphic charter (including projects, models, prototypes and plans), the infrastructure as well as the content, in particular the texts, sounds, still or moving images, videos and databases of the Website and/or Platform;
- "Platform": refers to the platform entitled "SynWell", accessible from the address https://www.synwell-sante.com/, pertaining to SynWell and accessible from the Website, from which the User space allowing access to the Services and administration of its data is accessible;
- "Healthcare Professional": refers to Professionals working in the healthcare sector in accordance with current legislation and regulations;
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- "Services": refers to the services offered free of charge by SynWell via the Platform, enabling Users to make online appointments with Healthcare Professionals for the purposes of a physical appointment or tele-consultation and to create a health record;
- "Website": refers to SynWell's website, accessible at the following address: https://www.synwell-sante.com/, from which Users can subscribe and access the Services. The Website includes, in particular, all IT components (in particular software and IT developments and web pages, including source and object code programs, preparatory design work, specifications and preliminary studies, documentation relating to the use and operation of the website), the graphic charter (including projects, models, prototypes and plans), the infrastructure and the content, in particular text, sound, still or animated images, videos and databases;
- "User": refers to the natural person using the Platform or visiting the Website.
ARTICLE 3: PURPOSE AND ENFORCEABILITY
The purpose of the Terms and Conditions is to define the terms and conditions under which Users benefit from the Services accessible from the Website and/or Platform.
The Terms and Conditions are systematically brought to the attention of Users to enable them to create an Account. They apply exclusively to all Account creation requests accepted by SynWell and prevail over all other conditions, with the exception of those expressly accepted by SynWell. Consequently, all other conditions are only binding upon SynWell after written confirmation by SynWell.
IMPORTANT: NOTE TO USERS
ANY USE OF THE SERVICES FROM THE WEBSITE AND/OR THE PLATFORM IMPLIES THE USER'S EXPRESS, PRIOR, FULL AND ENTIRE ACCEPTANCE OF THE GTC, AFTER TICKING THE BOX : "I have read and I accept the General Terms and Conditions of Use" AND BY ACCEPTING THEM WHEN CREATING HIS ACCOUNT AS WELL AS WHEN SCHEDULING AN APPOINTMENT, THE USER ACKNOWLEDGES THAT HE IS BOUND BY THE ENTIRE GTC.
ARTICLE 4: PREREQUISITES FOR SERVICES
4.1. In order to use the Services on the Website and/or Platform, the User must:
- possess a computer, smartphone and/or tablet, connected to the Internet and equipped with a camera of adequate resolution;
- access the Website and/or Platform;
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- possess a wifi or cellular 3G/4G/5G Internet connection;
- guarantee that he/she has full legal capacity to use the services, and in particular that he/she has reached the age of majority;
- not be a competitor of SynWell and/or not subscribe to and/or purchase from SynWell for the purpose of competing with SynWell, in a fraudulent manner and/or in a manner that is detrimental to SynWell's interests;
- have created an Account in accordance with article 5 of the GTC.
4.2. SynWell shall not be held liable in the event of use of the Services by persons who do not meet the conditions set out in article 4.1. of the GTC.
ARTICLE 5: CREATING AN ACCOUNT
5.1. Prior to any use of the Services, the User must create an Account on the Website and/or Platform.
To do so, the User must:
(i) Click on the "Register" button;
(ii) Fill in the online registration form with the following information:
o Last name, First name
o Email address
o Password
o Password confirmation
(iii) Tick the box "I have read and I accept the General Terms of Use and the Privacy Policy".
Having accepted the GTC by checking the box created for this purpose, the User is deemed to have electronically signed the GTC.
(iv) Then click on the "Register" tab. The User receives a welcome email asking him to confirm his email address in order to complete his registration. SynWell reminds Users that they are responsible for the mailbox linked to the email address provided, and for the storage, free space and proper functioning of said mailbox.
When creating an Account or using the Website and/or Platform, the User is then taken to a login page where he/she is asked to enter his/her user ID (email address) and chosen password.
5.2. Each User's Account is protected by a user ID and password, which are the sole responsibility of the User.
The User may access his or her Account at any time using his or her user ID (email address) and password via the "Login" tab on the Website and/or Platform.
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If a User has lost or forgotten his/her password, the User may request a new password through the Website by going to the "Login" tab and clicking on the "Forgot your password?" tab. SynWell will then send an email inviting the User to reset his/her password.
5.3. The User's password is personal and confidential. The User undertakes to keep his/her password confidential. The User assumes sole responsibility for all connections made using the User's password. The User remains solely responsible for any use that may be made of his Account by a third party who has accessed the Services using his login details.
The User undertakes to keep them secret and not to divulge them in any form whatsoever. If one of the elements of the User ID is lost or stolen, the User must inform SynWell without delay, who will then cancel and/or update the User ID concerned.
The User is entirely responsible for safeguarding the confidentiality of the password entrusted to him/her. In this respect, the User is responsible for ensuring, at the end of each session, that he/she has effectively disconnected from the Platform, in particular when accessing the Website from a public computer. In the event of suspected fraudulent use of the User's Account, the User must notify SynWell as soon as possible at the following address: contact@synwell-sante.com so that SynWell can take all necessary steps to remedy the situation.
SynWell cannot be held responsible for usurpation and/or fraudulent use of an Account in the event of unauthorized, fraudulent or abusive use, or due to voluntary or involuntary disclosure by the User of his/her login details to a third party.
5.4. SynWell reserves the right to verify the conformity of the information and documents transmitted by the User to authorize the validation of an Account and access to the Services.
Each User guarantees that the data and documents communicated are sincere, accurate and in conformity with reality, and are in no way misleading. The User undertakes to provide a valid email address and telephone number, and ensures that he/she is the sole owner of the latter. The User undertakes to provide true, accurate, up-to-date and complete information about his/her identity.
The User also undertakes not to transmit any information that might infringe the rights of third parties (in particular, use of the User's surname, pseudonym, a trademark registered by a third party, or works protected by intellectual property law) and/or public decency.
It is the User's responsibility to notify SynWell of any changes to his/her personal information.
In the event that the User provides information that is false, inaccurate, erroneous, out of date, incomplete, misleading or likely to mislead, SynWell reserves the right to refuse any Account creation and even any access to the Website and/or Platform and/or Services to Users who do not comply with the conditions set out above.
SynWell cannot be held liable in such cases.
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5.5. From his Account, the User will have the possibility to create and delete at his own discretion sub-accounts for third parties who have expressly authorized the User to do so. SynWell reminds Users that they are solely responsible for the sub-accounts created and the use made of each sub-account.
ARTICLE 6: DELETION / SUSPENSION
6.1. The Account and sub-accounts can be deleted by the User directly on the Website and/or Platform from his Account.
The deletion will then take effect automatically and immediately. The termination of Services will be
immediate and the User will be informed by email of the said termination.
6.2. SynWell reserves the right to terminate and/or suspend the Account and access to the Services by operation of law and without notice in the event of use of the Website and/or Platform and/or Services by the User which does not comply with the GTC, without SynWell being held liable and/or the User being entitled to claim any compensation whatsoever. Where applicable, termination and/or suspension will be notified to the User by email.
ARTICLE 7: ACCOUNT DEACTIVATION / ACCESS PROHIBITION
7.1. The User's Account remains active as long as he/she is registered on the Platform.
The User may delete his or her Platform Account at any time, without giving any reason.
To do so, the User must send an email to the following address: contact@synwell-sante.com requesting the deactivation of his/her Account. A copy of his/her identity card may be requested to avoid any risk of identity theft.
De-registration and/or deletion of an Account is definitive, the Account being irreversibly deleted, the personal data linked to it are automatically deleted and can no longer be recovered. However, it is expressly agreed that certain personal data linked to the Account will be kept for legal reasons (and in particular for accounting purposes), in accordance with SynWell's privacy policy, which is accessible on the Website.
De-registration and/or deletion of an Account does not prevent Users from re-registering and creating a new Account. However, SynWell reserves the right to refuse re-registration and the creation of a new Account with a new email address, particularly if there is an existing dispute with the User.
In addition, Users can access their data until their Account is effectively deleted.
7.2. SynWell also reserves the right to suspend without notice access to the Website or, depending on the seriousness of the acts, to delete the User's Account without being able to claim damages if SynWell considers that the User has violated one of the provisions of the GTC and more particularly, without this list being exhaustive, in the event of:
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- non-compliance with obligations arising from acceptance of the GTC;
- providing incorrect information when creating an Account;
- actions likely to harm SynWell's interests;
- any dispute between the User and SynWell; and/or
- SynWell's procedure for blocking the Account as part of an existing dispute and/or investigation concerning the User.
In the event of fraud, the fraudulent Account will be immediately suspended or terminated at SynWell's sole discretion.
SynWell will submit any information concerning the fraudulent Account, if necessary, to local authorities and/or financial institutions.
SynWell may refuse to deliver emails from any server hosted on its network if it considers them to be unwanted emails (i.e. "SPAM") or untimely instant messages (i.e. "SPIM").
SynWell reserves the right to suspend the Account and impose charges if an IP address has been blacklisted. SynWell will identify the server from which the infringement was committed and will open an infringement ticket to the attention of the server User. Abusive traffic transmitted or received by a server may result in an irrevocable ban on access to the Website and/or Platform.
ARTICLE 8: PHYSICAL APPOINTMENTS AND TELE-CONSULTATIONS
8.1. The User may, at any time, schedule an online appointment with a Healthcare Professional listed on the Platform for him/herself via his/her account or for a third party via the sub-account created for this purpose, for a physical or tele-consultation, at the available time indicated by the Healthcare Professional on the Platform.
Each appointment is transmitted in real time to the healthcare professional, who may, if necessary, postpone or even delete the appointment from his or her calendar. In this case, the User is immediately informed by email.
8.2. Users can also manage their appointments and those of third parties for whom they have created a sub-account, and track their appointment history.
The User is hereby informed that the scheduling of an appointment constitutes a firm commitment on his/her part, and that any no-show for a scheduled appointment must be the subject of prior notice of cancellation or postponement to the Healthcare Professional concerned, via the Platform's cancellation system.
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8.3. When making an appointment for a tele-consultation, the User agrees to provide the banking information required for online payment of the tele-consultation. The payment system is outsourced to approved payment service providers (Stripe and MTN).
The User undertakes to use the tele-consultation Service in conditions that ensure the confidentiality and smooth running of exchanges with the Healthcare Professional.
Healthcare Professionals carry out tele-consultations independently and under their exclusive responsibility, in accordance with their ethical and legal obligations.
The User agrees not to record, copy or distribute any content or excerpts of content in connection with the tele-consultation whatever the means, medium, process or purpose. Tele-consultation is neither to be recorded by the Healthcare Professional nor by SynWell.
At the end of the tele-consultation, the Healthcare Professional confirms the amount to be paid by the User.
Any verbal or written incivilities towards Healthcare Professionals may result in prosecution, suspension or even termination of the User's account by SynWell.
ARTICLE 9: HEALTH RECORDS
By accessing his/her Account, the User can add his/her documents to the "Health record" tab and/or via the sub-accounts he has created.
The User can also access, consult and download documents and electronic prescriptions from Healthcare Professionals, following a tele-consultation via this tab.
The User has the possibility to add, consult, rename, download and delete these documents at any time. A document deleted by the User is permanently removed from his Account or the sub-accounts concerned.
Furthermore, the User remains solely responsible for the legality of the content of the documents he or she adds to the health record.
ARTICLE 10: ACCESS AND AVAILABILITY OF THE WEBSITE AND PLATFORM
The Website and/or Platform are accessible seven (7) days a week (7) and twenty-four (24) hours a day (24).
However, due to access to the Website and/or Platform via the Internet, SynWell does not guarantee uninterrupted access to the Website and/or Platform, 7 (seven) days a week (seven) and twenty-four (24) hours a day (24).
SynWell reserves the right to interrupt the operation of the Website and/or the Platform at any time, with or without notice, in particular in order to ensure the corrective and evolutionary maintenance of the Website and/or the Platform, or to develop its content or presentation and/or for any other legitimate reason.
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Insofar as possible, SynWell will inform Users prior to any corrective or evolutionary maintenance operation. Furthermore, Users acknowledge that the Website and/or Platform may be interrupted for reasons beyond SynWell's control and that SynWell cannot therefore guarantee uninterrupted access to the Website and/or Platform.
In any case, SynWell cannot be held responsible for any interruption and/or malfunction of the Website and/or Platform, whatever the cause.
Users are encouraged to inform SynWell of any technical problems they encounter while browsing and/or using the Website and/or Platform by writing to the following address contact@synwell-sante.com and describing the problem encountered.
ARTICLE 11: MODIFICATION OF GTC
11.1. In order to comply with any legal, jurisprudential, editorial, functional and/or technical changes to the Website, Platform and/or Services, SynWell reserves the right to amend and/or modify the GTC at any time.
A change in the GTC does not under any circumstances constitute grounds for deleting the Account.
The version of the GTC that prevails is that which is accessible online on the day the Account is validated.
The creation of an Account by the User after the publication of the revised GTC implies his unreserved and express acceptance of these modifications.
11.2. The GTC are updated regularly. Consequently, Users are encouraged to consult and accept them whenever SynWell modifies the GTC and notifies Users of such changes by email.
ARTICLE 12: RESPONSIBILITY
SynWell implements the means and measures necessary to ensure the smooth running and maintenance of the continuity and quality of its Services.
The User acknowledges that SynWell's role is limited to that of a simple intermediary and technical service provider. It is agreed between Users and SynWell that SynWell shall in no event be liable for any consequential damages incurred by Users as a result of using the Services.
Furthermore, SynWell may not be held liable for acts (i) resulting from an act or negligence on the part of the User and/or (ii) which do not comply with applicable regulations and/or the GTC. SynWell declines all responsibility in the event of a dispute, whatever the cause, between a User and a Healthcare Professional referenced on the Platform, which is not attributable to SynWell.
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SynWell can in no way be held responsible for (i) the non-performance or improper performance of a procedure or treatment by a Healthcare Professional listed on the Platform (ii) the content of a prescription and/or (iii) the side effects experienced by a User following a physical or tele-consultation.
The use of the Services does not directly or indirectly limit the responsibility and obligations of the Healthcare Professionals registered on the Platform with respect to Users, who exercise their Professional practice in complete independence, in accordance with their ethical, legal and regulatory obligations and under their exclusive responsibility.
SynWell is in no way responsible for any cancellation or unavailability of the Healthcare Professional following the scheduling of an appointment by the User via the Platform. Similarly, the User acknowledges that he/she is informed that he/she assumes exclusively the consequences of his/her failure to attend an appointment vis-à-vis the Healthcare Professional concerned.
SynWell is in no way responsible for the content or accuracy of documents shared by Healthcare Professionals with Users, and the transmission by the User of documents containing personal healthcare data to any third party is under the User's sole responsibility.
ARTICLE 13: PERSONAL DATA
In accordance with law n°29/2019 of October 10, 2019 on the protection of personal data and decree n°2020-286 of August 20, 2020 ratifying the African Union convention on cybersecurity and the protection of personal data adopted on June 27, 2014, the User is informed that SynWell carries out automated processing of personal data for the purposes of processing and managing commercial relations and the operation of the Services, in compliance with the aforementioned legislation and regulations.
Each User has the right to access, modify, rectify, limit, port and delete his or her personal data, as well as the right to object.
To do so, the User must contact the support department by email at the following address: contact@synwell-sante.com.
Users are reminded that if they wish to rectify or update data relating to their Account, they may do so directly on their own Account. For further information, the User is invited to read SynWell's privacy and personal data processing policy by clicking on the following link: www.synwell-sante.com.
ARTICLE 14: INTELLECTUAL PROPERTY
Certain elements (notably editorial, illustrations, studies and videos) appearing on the Website and/or the Platform and/or the Services are protected by intellectual property laws, in particular copyright, and are the exclusive property of SynWell.
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Similarly, the trademarks, logos, graphics and animations on the Website and/or the Platform and/or the Services are the exclusive intellectual property of SynWell.
It is agreed that the GTC do not imply any transfer of SynWell's intellectual property rights.
SynWell grants Users, on a personal basis, the non-exclusive and non-transferable right to use the Website and/or Platform and/or Services and any associated software, provided that they are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, reverse engineer or assemble or in any other way attempt to obtain the source code (except as provided by law), sell, assign, sub-license or transfer in any way whatsoever any rights relating to the Website, Platform or Services or associated software.
Users undertake not to modify the Website, Platform, Services or related software in any way and/or not to use modified versions thereof, and in particular (without this list being limitative) with a view to obtaining unauthorized access to the Website and/or Platform and/or Services. In particular, Users agree not to access the Services by any means other than the Platform from the Website.
Users are informed and acknowledge that the Website, the Platform, the Services and any software used in connection therewith may contain confidential information or information protected by applicable intellectual property or other laws.
Users agree not to modify, rent, lease, loan, sell, distribute or create derivative works incorporating any or all of this content, unless they have received SynWell's express prior authorization.
The Website and/or Platform and/or Services contain texts and images which are the exclusive property of SynWell. The Intellectual Property Elements are made available to the User for the sole use of the Website, the Platform and the Services and within the framework of normal use of their functionalities.
The present authorization to use the Intellectual Property Elements is made on a personal, non-exclusive and non-transferable basis. SynWell may revoke this authorization to use the Intellectual Property Elements at any time.
Users are prohibited – directly or indirectly – from copying, modifying, creating a derivative work, inverting the design or assembly or in any other way attempting to find the source code (except as provided by law), selling, assigning, sub-licensing or transferring in any way whatsoever any right pertaining to the Intellectual Property Elements.
The User undertakes not to modify the Intellectual Property Elements in any way.
In the event of non-conforming or abusive use of the Intellectual Property Elements, SynWell reserves all rights to put an end to the infringement of its intellectual property rights and to de-register and/or deactivate the Users' Accounts.
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ARTICLE 15: FORCE MAJEURE
Force majeure or fortuitous events are expressly deemed to be those usually accepted, as well as the following non-cumulative events: war, riot, fire, internal or external strikes, lockout, occupation of SynWell's premises, bad weather, earthquake, flood, water damage, legal or governmental restrictions and/or measures including any restriction or measure involving a limitation on movement, legal or regulatory changes to forms of marketing, accidents of any kind, epidemic, pandemic, pandemic of an emerging infectious disease, illness affecting more than ten percent (10%) of SynWell's staff within a period of two (2) consecutive months, lack of power supply, partial or total shutdown of the Internet network and, more generally, of private or public telecommunications networks, road blockages and supply impossibilities, and any other event beyond SynWell's express control preventing the normal performance of its obligations. SynWell shall not be held liable if the non-performance or delay in performance of any of its obligations, as described in the GTC, results from a case of force majeure, including a health crisis. The suspension of obligations shall in no case be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
However, if the event giving rise to the case of force majeure (hereinafter the "Event") continues for more than two (2) months, preventing SynWell from fulfilling its obligations, SynWell's obligations under the GTC will be suspended for the duration of the Event from the time SynWell notifies the User of the impossibility of fulfilling its obligations.
The suspension of obligations shall in no way be a cause of liability for non-performance of the obligation in question, nor lead to the payment of damages or late penalties.
In the event that the Event lasts for more than one (1) year, all at once or in installments, permanently preventing SynWell from fulfilling its obligations, SynWell undertakes to inform Users of the outcome to be given to the Services.
ARTICLE 16: MISCELLANEOUS
16.1. The language of interpretation of the GTC is French. In the event of translation into one or more languages, the French text alone shall prevail in the event of a dispute.
16.2. The GTC constitute the entire agreement between the User and SynWell with respect to the Services. The GTC govern all the terms and conditions of use of the Services, subject to the application of additional or specific terms and conditions of sale governing certain Services, for which the User must give his express agreement.
In the event of contradiction between the GTC and other elements, rules or guidelines appearing on the Website, the GTC shall prevail.
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16.3. In general, if one or more stipulations of the GTC are deemed invalid or declared null and void in application of a law, regulation or following a final decision by a competent court, the other stipulations will retain all their effect. The User and SynWell then agree to replace the provision declared null and invalid by a clause closest in content to the clause initially decided upon, in order to maintain the contractual balance.
The same principles apply to incomplete provisions.
16.4. No tolerance, whatever its nature, scope, duration or frequency, may be considered as creating any right whatsoever, nor be interpreted as a waiver of any of the provisions of the GTC.
16.5. Any failure to exercise or delay in exercising any right or remedy by SynWell or the User shall not be deemed a waiver of any subsequent right or remedy in favor of SynWell or the User.
In the same way, the exercise of a single right or the partial exercise of a right or prerogative does not exclude the subsequent exercise of other rights or prerogatives provided for in the GTC.
No waiver shall be effective unless in writing. A waiver applies only to the party to whom the waiver is addressed and in the circumstances for which it is given. No waiver shall arise from the success or failure of any other action.
16.6. Sections, paragraphs and other headings are for readability and indexing purposes only, and may not be used to interpret the meaning in favor of SynWell or the User.
16.7. The User shall comply with all applicable laws by fulfilling his/her obligations and exercising his/her rights in accordance with the GTC.
ARTICLE 17: EVIDENCE
Files, data and messages recorded in SynWell's computer systems will be accepted as evidence of agreements and transactions between SynWell and the User.
In the absence of proof to the contrary, records will be presumed to have been kept under reasonable conditions of security if messages, data and other documents are systematically recorded on a reliable and durable medium.
ARTICLE 18: APPLICABLE LAW – LITIGATION
18.1. The GTC are governed by Congolese law (RC).
18.2. For any difficulties and/or questions regarding the Services, the User is invited to contact SynWell at contact@synwell-sante.com
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18.3. In the event of disagreement between the User and SynWell, the aggrieved party must inform the other party by registered letter with acknowledgement of receipt. Upon receipt of this letter, and within a period of fifteen (15) days, one of the parties must propose an amicable solution to the dispute.
The parties undertake to follow the amicable settlement procedure before taking their case to court, this attempt at mediation being a condition of admissibility for any legal action.
18.4. IF ALL ATTEMPTS TO FIND AN AMICABLE SOLUTION FAIL, OR IF THERE IS NO RESPONSE, ALL DISPUTES RELATING TO THE WEBSITE AND THE PLATFORM, TO THE INTERPRETATION OR EXECUTION OF THE GTC, OR THOSE THAT MAY ARISE AS A RESULT OR CONSEQUENCE THEREOF, SHALL BE SUBJECT TO THE JURISDICTION OF THE COURTS OF PARIS, EVEN IN THE EVENT OF A WARRANTY CLAIM OR MULTIPLE DEFENDANTS.
ARTICLE 19: ENTRY INTO FORCE
The GTC shall come into force on [to be completed].