These general conditions (hereinafter the "General Conditions") are concluded between the Expert 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, with its registered office at 15 rue Ancelle 92200 Neuilly sur Seine (hereinafter referred to as "the Company").
Expert(s): means the psychologist, health professional or coach, providing Users on the Site with psychological and/or coaching services.
Sessions: means the support service(s) provided to the User by the Expert on the Site. The Session must be initiated by the Expert on the Site, through the videoconference tool made available.
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.
The use of the Site implies the Expert's full and unreserved acceptance of these General Conditions. It is therefore up to the Expert to read these General Conditions before registering on the Site and each time he uses the services offered by the Site.
The present General Conditions may be modified at any time by the Company. The modified General Conditions are applicable to any supply of Sessions subsequent to the modification. The Expert is therefore invited to consult the General Conditions each time he visits the Site. If the Expert refuses a modification of the General Conditions, he should no longer provide Sessions and close his account.
The Expert accepts these General Conditions by clicking on the box provided for this purpose when registering on the Site. The Expert is invited to keep a copy of these General Conditions on a durable medium.
Unless there is proof to the contrary, the data recorded on the Site constitute proof of all contractual relations between the Expert and the Company.
Failure by the Expert to comply with the General Conditions may result in the suspension or withdrawal of the Expert's right of access to the Site.
The Company reserves the right to temporarily or permanently exclude an Expert from the Site in case of serious misconduct, disrespectful behavior, any behavior that would harm the proper functioning of the Site, or any other reason. It is reminded in this respect that the use of the Site implies the observance of certain standards of behaviour, such as respect for others, good faith and courtesy.
The Expert has a duty to comply with the laws of his country of residence.
The Company reserves the right to verify at any time with the Expert its compliance with the laws and regulations applicable to it.
By carrying out a Session on the Site, the Expert is likely to be subject to legal and regulatory obligations, particularly of a declaratory nature. The Expert undertakes to respect all these obligations and to make the required declarations. In this respect, the Expert undertakes to pay all the taxes linked to his professional activity.
The Expert registered on the Site exercises his activity in complete independence. He receives neither orders nor instructions from the Company. The contractual relationship between the Expert and the Company can in no way be considered as creating a link of subordination or mandate between the Expert and the Company.
The Expert undertakes to take out and maintain throughout the duration of his registration on the Site professional liability insurance covering the Sessions provided on the Site, if this is made compulsory by the regulations of his country of residence, as is the case for example in France.
The Expert undertakes to respect the Company's Code of Ethics, accessible on https://www.simundia.com/code-de-deontologie as well as the requirements set up by the Qualiopi reference system.
3.1 The Expert as Psychologist
Any psychologist registering on the Site is required to be registered in the ADELI directory or in an equivalent foreign directory if the psychologist resides or has been trained abroad.
In this way, each psychologist, as a health professional, certifies that he or she has the skills and diplomas required to provide the Sessions on the Site.
The Company reserves the right to check at any time with the Expert the diplomas and qualifications of the Expert.
The Expert, acting as a psychologist, undertakes to respect the Code of Ethics for psychologists and to transmit to a psychologist within the Company any alerts in the context of the prevention of psychosocial risks.
3.2 The Expert acting as coach
The Company reserves the right to check at any time with the Expert the diplomas and experience of the Expert.
To carry out the Sessions on the Site, the Expert must:
The account will be accessible to the Expert with a login and a password. The account will enable the Expert to provide Sessions to Users on the Site.
It is the Expert's responsibility to give accurate and up-to-date information when registering on the Site. In particular, the Expert must ensure the accuracy of all the information provided enabling him to establish contact with the User (email, telephone number etc.). The Expert 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 Expert when he creates his account. The Expert can change his password by accessing the "Forgotten password" section on the "Connection" page of the Site. The Expert must immediately inform the Company of any loss or unauthorized use of his account, his identifiers and password. Passwords and identifiers are personal.
The Expert undertakes to communicate on social networks about his membership of the Simundia network. Notwithstanding the absence of any exclusivity, the Expert is forbidden to communicate on existing or future social networks (such as Twitter, Facebook, Snapshat, Instagram, etc.) and/or on participatory sites (such as You Tube, MySpace, etc.) about coaching platforms competing with the Company.
It is the Expert's responsibility to ensure that he has the equipment, software and means to provide the Sessions. In this respect, the Expert is solely responsible for their use.
Any attempt to substitute another expert's password or login is strictly prohibited.
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.
The Expert's right of access to the Site is personal and non-transferable, in any form whatsoever.
Once the Expert is registered on the Site, the Site allows :
- the referencing of the Expert on the Site,
- the provision to the Expert of a tool for reserving Sessions,
- a videoconferencing tool enabling him to carry out his Sessions on the Site.
The Expert accepts the fees set by the Company.
The Expert shall bear all taxes, duties and/or levies applicable in his country of origin to the invoicing and payment of the Services.
No costs (including Internet connection costs) will be reimbursed to the Expert by the Company.
The Company will pay the Expert on the basis of the number of Sessions carried out on the Site. The Expert undertakes to send the Company an invoice in accordance with the legal and regulatory obligations applicable in his country of origin.
Any bank charges linked to a payment abroad will be borne by the Expert. All transfers are initiated by the Company in Euros.
The Company has a period of 60 days to pay for a Session made on the Site. Any delay in payment shall automatically give rise to the application of late payment penalties set at 3 times the legal interest rate plus 40 euros in penalties for collection costs.
9.1 Conduct of Sessions
The User will book a Session on the Site with the Expert. The Expert will contact the User on the dates and times that were agreed at the time of booking the Session. The Expert is obliged to appear and contact the User on time at the dates and times agreed with the User.
The Expert must remain available to the User for the entire duration of the agreed Session, regardless of the User's possible delay.
If the Expert is absent or late by more than 15 minutes, the Session will not be counted for the Expert.
The Expert is obliged to carry out his Sessions on the Site, using the videoconferencing tool provided, so that they are recorded.
9.2 Cancellation of Sessions
The Expert accepts that the User may cancel a Session without charge up to twenty-four (24) hours before the Session. The Expert will be informed of the cancellation of the Session by the User by e-mail. In this case, the User may then choose a new time for the Session. The User is only allowed to cancel a maximum of two times with the Expert.
The Expert may cancel a Session up to twenty-four (24) hours before the Session, by sending a message to the following address: firstname.lastname@example.org. After these twenty-four (24) hours, no change in the schedule can be requested by the Expert.
In case of cancellation, the Expert will agree on a new time for the Session with the User.
9.3 Behavior of the Expert
During the Session, the Expert undertakes to behave seriously. He shall refrain from any communication of an inappropriate nature (e.g. insults, obscenity, etc.) or remarks of a racist, sexist or homophobic nature.
The Expert acknowledges that he is an independent professional who freely provides advice, opinions and answers in view of his qualifications and expertise, without third party influence.
The Expert undertakes not to film or record the Session. The Expert also undertakes to isolate himself from any third party likely to hear the conversation during the Session.
The Expert is bound by his deontological rules to professional secrecy.
The Expert is solely responsible for the confidentiality of the content of the Sessions. He alone is responsible for the information that he himself communicates to Users. The Site has no access to the information transmitted during the Sessions and therefore excludes all responsibility in this respect.
The Expert undertakes not to use and to preserve the confidentiality of documents and information that he may receive concerning the Company, the Users and the Sessions. This obligation shall survive the end of the contractual relationship between the Expert and the Company for any reason whatsoever for a period of ten (10) years.
This obligation of confidentiality and non-use shall no longer apply in the event that the information and/or documents fall or have fallen into the public domain through no fault of the Expert, or in the event that the Expert is required to respond to a court order or a request for disclosure from a public authority empowered by law, subject to informing the Company so that the latter can make its case against such disclosure.
In the event of non-performance by the Expert of one of his obligations and/or non-compliance with the General Conditions, the Company reserves the right to suspend, without notice, access to the Site, temporarily or permanently, without this suspension giving rise to any right to compensation.
The Company may also decide without justification to suspend the Expert's access to the Site.
The Site is a networking platform and the Company excludes all responsibility for the quality of the Sessions provided.
No guarantee is given to the Expert in terms of minimum volume of Sessions and/or minimum turnover.
No exclusivity is granted to the Expert.
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 is possible for the Expert except in the case 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 Expert.
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.
- Contamination by computer virus of the Site
- Malicious intrusions of third parties on the Site, despité the security measureś put in place
The Expert 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 only responsibility.
The Site enables the Expert to provide psychological and/or coaching sessions which in no way substitute for medical consultations. Consequently, the Expert undertakes not to formulate a medical diagnosis. In no case should the Site allow Users to access a medical session service as such.
If necessary, the Expert shall invite the User to consult a doctor or the services they deem appropriate for the User (emergency, specialist, hospital, medical or paramedical personnel).
The Expert undertakes not to provide Sessions to a User in an emergency situation or at significant health risk, whether fatal or not.
The Company shall not be liable for any consequential damages that may arise from the use of the Site, including loss of profit, loss of image, loss of customers, loss of business, loss of reputation, loss of anticipated profits, or loss of opportunity.
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 Expert undertakes not to depreciate or undermine, in any way whatsoever, the trademarks, logos and other distinctive signs appearing on the Site.
13.1 Expert's personal data
The Expert consents, in the context of his registration on the Site and the provision of Sessions, to the collection and processing of his personal data by the Company.
The personal data relating to the Expert collected during registration on the Site are processed in compliance with the provisions of Law No. 78-17 of 6 January 1978, known as the Data Protection Act, as amended, and European Regulation 2016/679 of 27 April 2016 (hereinafter referred to as the "Applicable Legislation").
No health data is collected on the Site.
The Expert's personal data are necessary for the management of the Sessions. They may be transmitted to the persons, natural or legal, who use these Sessions, such as the Users. This information and data is also kept for security purposes, in order to comply with legal and regulatory obligations.
13.2 Users' personal data
Within the framework of his contact with the User, the Expert will have access on the Site to personal data relating to the User (name, email address, answers to the orientation questionnaire) necessary for the realization of the Sessions.
The Expert is authorized to process as data controller the personal data relating to the Users, necessary to provide the Sessions.
The Expert undertakes to process the personal data of Users only within the framework of the execution of the Sessions and in accordance with the Applicable Legislation.
The Expert undertakes to guarantee the confidentiality of Users' personal data and is forbidden to assign or transfer them, in any form whatsoever, to a third party or subcontractor. In this respect, the Expert must implement the necessary security measures to avoid any unauthorized access to this data.
The Expert undertakes to inform the Users concerned of their rights: right of access, rectification, deletion and opposition, right to limit processing, right to data portability and to fulfil his obligation to respond to requests to exercise these rights from the Users concerned.
The Expert shall notify the Site of any violation of Users' personal data as well as any complaint from a User within a maximum of 12 hours of becoming aware of it. The Expert shall notify, if necessary, this violation to the competent authority according to the Applicable Legislation.
The Expert undertakes to keep the personal data of Users only for the time necessary to carry out the Sessions. The Expert undertakes to destroy Users' personal data at any time on request from the Site.
The General Conditions and more generally the relations between the Expert and the Site are subject to French law.
Any dispute that may arise from the interpretation of these General Conditions or from the contractual relations between the Expert and the Site will fall within the exclusive competence of the French courts.
It is formally recognized that any tolerance or waiver by the Company in the application of these Terms and Conditions, regardless of the frequency or duration thereof, shall not constitute a modification of these Terms and Conditions, nor shall it create any right whatsoever.
In case of contradiction between the French version of these Terms and Conditions and its translation, only the French version shall prevail.
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.