Terms and conditions of use

Last version dated: 09/10/2019

These general conditions of use (hereinafter the "General Conditions") are concluded between the User and the simplified joint stock company SIMUNDIA, with a capital of 13,440.41 euros, registered in the Paris Trade and Companies Register under number 827 580 242, having its registered office at 15 rue Ancelle 92200 Neuilly sur Seine (hereinafter " the Company ").

1. DEFINITIONS

Expert(s): means the psychologist, health professional or coach, using the Site to provide Users with psychological and/or coaching services.

Sessions: means the support service provided to the User by the Expert on the Site. The Session can be provided by videoconference, by telephone or by any other means of communication chosen by mutual agreement between the User and the Expert.

Site: means the app.simundia.com platform and the www.simundia.com platform.

User(s): means the natural person registered on the Site wishing to access the Sessions. The User is a natural person of legal age or under the control of a legal guardian, capable of contracting.

2. ACCEPTANCE OF THE GENERAL CONDITIONS

The use of the Site implies the User's full and unreserved acceptance of these General Conditions. It is therefore up to the User to read these General Conditions before registering on the Site and each time he/she uses the services offered on the Site.

The present General Conditions may be modified at any time by the Company. The modified General Conditions are applicable to any reservation of a Session made after the modification. The User is therefore invited to consult the General Conditions each time he visits the Site. If the User refuses a modification of the General Conditions, he/she must no longer access the Sessions and close his/her account.

The User accepts these General Conditions by clicking on the box provided for this purpose when registering on the Site and when booking a Session on the Site.

The User is invited to keep a copy of these General Conditions on a durable medium.

Unless proven otherwise, the data recorded on the Site constitutes proof of all contractual relations between the User and the Company.

Failure by the User to comply with the Terms and Conditions may result in the suspension or termination of the User's right to access the Site.

The Company reserves the right to temporarily or permanently exclude a User from the Site in the event of serious misconduct, disrespectful behavior, or any behavior that would interfere with the proper functioning of the Site. It is reminded in this respect that the use of the Site implies the observance of certain standards of behavior such as respect for others, good faith and courtesy.


3. OPENING OF THE ACCOUNT

To access the Sessions on the Site, the User must:

  • create an account on the Site or connect to his account if he already has an account on the Site,
  • confirm acceptance of the General Conditions and validate.

The account will be accessible to the User with a login and a password. The account will allow the User to access the Sessions on the Site.

It is the User's responsibility to give accurate and up-to-date information when registering on the Site and when booking the Session. In particular, the User must ensure the accuracy of all the information provided to enable him to establish contact with the Expert (email, telephone number etc.). The User must make the necessary updates to the information in his account. Failing this, the Company accepts no responsibility for the harmful consequences that may result from this lack of information or updating.

The password will be chosen by the User at the creation of his account. The User may change his password by accessing the "Forgot Password" section on the "Login" page of the Site. The User must immediately inform the Company of any loss or unauthorized use of his/her account, login and password. Passwords and identifiers are personal and the User agrees not to disclose them. As such, the User is solely responsible for their use.

Any attempt to substitute another user's password or login is strictly prohibited

If the User's telephone number is collected when the account is opened, the User is informed that his telephone details will only be used for the proper execution of the Sessions. Without prejudice to the above, in accordance with legal provisions, the User is informed that he/she may, if he/she so wishes, register on the list of opposition to telephone solicitation. The User may register free of charge on this list, which is binding on all professionals except those with whom the User has already concluded a contract.

4. DESCRIPTION OF THE SITE'S OPERATION

The Site is a service that puts Experts in contact with Users wishing to benefit from an individualized remote session. The User will have to answer a questionnaire of orientation aiming at allowing the Site to direct the User towards one or several Experts adapted to his needs.

This orientation questionnaire and any call related to this questionnaire is not counted as a Session.

The Site then allows you to book and conduct Sessions with Experts.

Sessions are not provided by the Site.

5. ACCESS TO SESSIONS

It is the User's responsibility to ensure that he/she has the hardware, software and means to access the Sessions.

The User, once registered, will have access to the Sessions within the limit of the credit that will have been subscribed and paid for his account by his employer. The User's right of access to the Site is personal and non-transferable, in any form whatsoever.

The User may have access to a credit of Sessions determined in the contract concluded between his employer and Simundia. These Sessions will be accessible during the term of this contract.

6. OBLIGATIONS OF THE USER

6.1 Conduct of Sessions

The User will book a Session on the Site with the Expert chosen on the basis of the answers to the orientation questionnaire.

The Sessions will take place on the dates and times agreed at the time of booking the Session. The User is obliged to be present on time at the dates and times agreed with the Expert.

In case of absence of the User or delay of the User of more than twenty (20) minutes, the Session can be cancelled by the Expert but will be deducted from the credit as a completed Session.

If the Expert is absent or late by more than twenty (20) minutes, the User may cancel the Session and it will not be deducted from his credit.

6.2 Cancellation of Sessions

The User can cancel a Session up to twenty-four (24) hours before the Session from his Simundia space.

In this case, the User can then choose a new time for the Session. The User is only allowed to cancel a maximum of two times with the Expert.

In the event of cancellation less than twenty-four (24) hours prior to the Session date, the Session will be deducted from the credit.

The User accepts that the Expert may cancel a Session. The User shall be informed of the cancellation of the Session by the Expert by e-mail. The User will agree a new time for the Session with the Expert.

6.3 User behaviour

During the Session, the User undertakes to adopt a serious behavior. He will refrain from any inappropriate communication (for example insults, obscenity, etc.) or remarks of a racist, sexist or homophobic nature.

Any inappropriate behavior by the User may result in the suspension of the Session by the Expert and will not result in a refund.

6.4 Confidentiality

The User agrees not to film or record the Session.

The Expert is bound by his deontological rules to professional secrecy.

The User is solely responsible for the confidentiality of the content of the Sessions. He is solely responsible for the information he himself communicates to the Experts. The Site has no access to the information transmitted during the Sessions and therefore excludes any liability in this respect.

7. TERMINATION

In case of non-performance by the User of one of its obligations and/or non-compliance with the General Conditions, the Company reserves the right to suspend, without prior notice, access to the Site, temporarily or permanently, without this suspension being able to give rise to any compensatioń.

In the event that the Company permanently suspends the User's access to the Site, the Company will immediately inform the User's employer.

8. EXCLUSION OF LIABILITY

The Site is a networking platform and the Company excludes all responsibility for the quality of the Sessions provided.

The Company is totally independent of pharmaceutical companies and industries. In this sense, the Company has no pecuniary or capital ties with them and does not receive any financial aid or subsidy from them.

Similarly, the Experts registered on the Site are independent professionals who freely provide advice, opinions and answers based on their qualifications and expertise, without third-party influence.

The Company is only bound by an obligation of means and must therefore deploy its best efforts to ensure the permanence, continuitý and qualitý of access to the Site, in accordance with the rules of use of the Internet.

Access to the Site will be possible for the User except in the event of force majeure or an event beyond the control of the Company and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the Site, which may be carried out without prior notice to the User.

Consequently, the Company cannot be held responsible in the following cases:

  • Temporary interruptions for updating some files.    
  • Difficulties of operation or momentary interruption of the Site independently of the wilĺ of the Company, in particular in case of interruption of electricity or telecommunication services, saturation of the networks whatever they are, at certain periods.  
  • Temporary interruptions necessary for the evolution or maintenance of the Site.
  • Failure or malfunction of the Internet network in the transmission of messages or documents.
  • Computer virus contamination of the Site
  • Malicious intrusions by third parties on the Site, despité the security measureś put in place.

The User also agrees tò accept the characteristics and limitations of the Internet, and in particular acknowledge:

  • That he/she is aware of the nature of the Internet, in particular its technical performance and response times.
  • That the communication of its identifier and in a general way, of any information considered confidential, is made under its sole responsibilitý.

The Site allows the User to benefit from psychology and coaching sessions which in no way substitute for medical consultations. In no case, the Site allows access to a medical session service as such. In this sense, no medical act, nor medical prescription can be carried out through the Site. If necessary, the Experts may invite the Users to consult a doctor or the services they consider appropriate for the User (emergency, specialist, hospital, medical or paramedical staff).

The User in an emergency situation or at significant health risk, whether fatal or not, agrees not to use the Site and to consult a health professional.

9. INTELLECTUAL PROPERTY

The Site is the exclusive property of the Company and is therefore protected by intellectual property law. Any reproduction of the Site, in whole or in part, without the authorization of the Company is strictly prohibited and would constitute an infringement punishable under civil and criminal law.

The User undertakes not to depreciate or infringe in any way whatsoever on the trademarks, logos and other distinctive signs appearing on the Site.

10. PROCESSING OF THE USER'S COMPUTER DATA

The User consents, within the framework of his registration on the Site and access to the Sessions, to the collection and processing of his personal data by the Company.

Personal data relating to the User collected during registration on the Site are processed in compliance with the provisions of Law No. 78-17 of January 6, 1978, known as the Data Protection Act, as amended, and European Regulation 2016/679 of April 27, 2016.

No health data is collected on the Site.

The User's personal data are processed for the management of access to the Site and the conduct of the Sessions. The User consents to the data being transmitted to the Experts in charge of the execution of the Sessions. This data is also kept for security purposes, in order to comply with legal and regulatory obligations.

The User is invited to take note of the Company's commitments as well as his rights regarding his personal data in the "Personal Data" section of the Site.

Once the User's personal data has been transmitted to the Expert, the latter will process it as the data controller. The Company excludes all liability for the processing of personal data carried out by the Expert in the context of the Sessions.

The User is invited to contact the Expert concerned for any request relating to personal data processed in the context of the Sessions.

11. APPLICABLE LAW AND JURISDICTION

The General Conditions and more generally the relationship between the User and the Site are subject to French law.

Any dispute that may arise from the interpretation of these General Terms and Conditions or the contractual relations between the User and the Site shall be subject to the exclusive jurisdiction of the French courts.

12. MISCELLANEOUS

It is formally recognized that any tolerance or waiver by the Company in the application of the present Terms and Conditions, regardless of their frequency or duration, shall not constitute a modification of the present Terms and Conditions, nor generate any right whatsoever.

The nullity of one of the clauses of the General Conditions, in application of a law, a regulation or following a decision of a competent court which has become res judicata, shall not entail the nullity of the other clauses of the General Conditions which shall retain their full effect and scope.


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