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General terms and conditions of use

 



Latest version as of: 09/10/2019

 

These general terms and conditions of use (hereinafter the "General Terms and 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 referred to as "the Company").

 

1. DEFINITIONS

 

Expert(s): means the psychologist, health professional or coach, using the Site to offer Users a support service in terms of psychology and/or coaching.

 

Sessions: means the support service provided to the User by the Expert on the Site. The Session may 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 full age or under the control of a legal guardian, capable of entering into a contract.

 

2. ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS

 

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

 

These General Terms and Conditions are subject to change at any time by the Company. The modified General Terms and Conditions are applicable to any Session reservation made after the modification. The User is therefore invited to consult the General Terms and Conditions on each visit to the Site. If the User refuses a modification of the General Terms and Conditions, he must no longer access the Sessions and close his account.


The User accepts these General Terms and 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 Terms and Conditions on a durable medium.


In the absence of proof to the contrary, 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 General Terms and Conditions may result in the suspension or deletion of the User's right of access to the Site.

 


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


3. ACCOUNT OPENING

 

 

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 Terms and Conditions and validate.


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

 

It is the responsibility of the User to provide 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/her to establish contact with the Expert (email, telephone number etc.). The User must update the information in his account as necessary. Failing this, the Company declines all responsibility for any damaging consequences that could result from this lack of information or updates.

 

The password will be chosen by the User when creating his account. The User may change his password by accessing the "Forgotten password" section on the "Connection" page of the Site. The User must immediately inform the Company of any loss or unauthorised use of his account, identifiers and password. Passwords and identifiers are personal and the User undertakes not to disclose them. As such, the User is solely responsible for their use.

Any attempt to substitute another user's password or identifier is strictly forbidden.

 

If the User's telephone number is collected when the account is opened, the User is informed that his or her telephone details will only be used for the proper execution of the Sessions. Without prejudice to the foregoing, in accordance with the legal provisions, the User is informed that he or she may, if he or she so wishes, register on the telephone canvassing opposition list. The User may register free of charge on this list, which is compulsory for all professionals with the exception of those with whom the User has already concluded a contract.t.

 

4. DESCRIPTION OF HOW THE SITE WORKS

 

The Site is a service for putting Experts and Users in contact with each other who wish to benefit from an individualised remote Session. The User will have to answer an orientation questionnaire aimed at enabling the Site to direct the User towards one or more Experts adapted to his or her needs.

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

The Site then enables the User to book and conduct Sessions with Experts.

 The Sessions are not provided by the Site.


5. ACCESS TO THE SESSIONS

 

It is the User's responsibility to ensure that he or she has the hardware, software and means enabling him or her 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 on his behalf 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 for Sessions determined in the contract concluded between his employer and Simundia. These Sessions will be accessible for the duration of this contract.

 

6. OBLIGATIONS OF THE USER

 

6.1 Conduct of the 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 at the dates and times agreed at the time of booking the Session. The User is obliged to appear on time on the dates and at the times agreed with the Expert.

 

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

In the event of the Expert's absence or if the Expert is more than twenty (20) minutes late, the User may cancel the Meeting and it will not be deducted from his credit. 

 

6.2 Cancellation of Meetings


The User may cancel a Session free of charge up to forty-eight (48) hours before the Session by sending a message to the following address: contact@simundia.com.

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

In the event of cancellation less than forty-eight (48) hours before the date of the Session, the Session will be deducted from the User's credit.

 

L’Utilisateur accepte que l’Expert puisse annuler une Séance.  L’Utilisateur sera informé de l’annulation de la Séance par l’Expert par e-mail. L’Utilisateur conviendra d’un nouvel horaire pour la Séance avec l’Expert. 

 

6.3 User behaviour

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


Any inappropriate behaviour on the part of the User may result in the suspension of the Session by the Expert and will not give rise to a refund.

 

6.4 Privacy Policy



 The User undertakes not to film or record the Session.

The Expert is bound by virtue of his deontological rules of professional secrecy.

The User is solely responsible for the confidentiality of the content of the Sessions. He is solely responsible for the information that 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 the event that the User fails to fulfil one of his obligations and/or fails to comply with the General Terms and Conditions, the Company reserves the right to suspend, without notice, access to the Site, temporarily or permanently, without this suspension entitling the User to any indemnité́.


In the event that the Company definitively suspends the User's access to the Site, the Company will inform the User's employer without delay.

 

8. EXCLUSION OF LIABILITY

 

The Site is a platform for bringing people together and the Company excludes all liability for the quality of the Sessions provided.

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


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

The Company is only bound by an obligation of means and must therefore deploy its best efforts to ensure that access to the Site is permanent, continuité́ and qualité́, in accordance with the rules of Internet usage.


Access to the Site will be possible for the User except in the event of force majeure or an event beyond the Company's control and subject to any breakdowns and maintenance operations 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 liable in the following cases:

Temporary interruptions for updating certain files.    
Difficulties in the operation or momentary interruption of the Site independently of the Company's volonté́, in particular in the event of interruption of electricity or telecommunications services, or saturation of networks of any kind, at certain periods.  
Temporary interruptions necessary for the development or maintenance of the Site.
Failure or malfunctions of the Internet network in the transmission of messages or documents.
Contamination of the Site by computer virus
Malicious intrusions by third parties on the Site, malgré́ the measures of sécurité́ put in place.

 

The User also undertakes à̀ to accept the characteristics and limitations of the Internet, and in particular to acknowledge :

That he or she is aware of the nature of the Internet, in particular its technical performance and response times.
That the communication of his identifier and, in general, of any information deemed confidential, is made under his sole responsabilité́.




The Site allows the User to benefit from psychology and coaching sessions which in no way replaces medical consultations. Under no circumstances does the Site allow access to a medical session service as such. In this sense, no medical act or medical prescription can be carried out through the Site. If necessary, the Experts may invite Users to consult a doctor or the services they deem appropriate for the User (emergency, specialist, hospital, medical or paramedical staff).

L’Utilisateur en situation d’urgence ou à risque important de santé, mortel ou non, s’engage à ne pas utiliser le Site et à consulter un professionnel de santé.

 

9. INTELLECTUAL PROPERTY

 

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


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

 

10. PROCESSING OF THE USER'S COMPUTER DATA

 

By registering on the Site and accessing the Sessions, the User consents to the collection and processing of personal data concerning him/her by the Company.


The personal data relating to the User collected when registering on the Website is processed in accordance with the provisions of Law No. 78-17 of 6 January 1978, known as the amended Data Protection Act and European Regulation 2016/679 of 27 April 2016.

Aucune donnée de santé n’est collectée sur le Site.

 

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



 The User is invited to read the Company's commitments as well as its rights regarding personal data concerning him/her in the "Personal Data" section of the Site.

 

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

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

 

11. APPLICABLE LAW AND JURISDICTION

 

The General Terms and 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 from 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 recognised that any tolerance or renunciation by the Company in the application of the present General Terms and Conditions, whatever the frequency or duration, shall not be deemed to constitute a modification of the present General Terms and Conditions, nor shall it give rise to any right whatsoever.



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