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Terms and Conditions of Use

 



Latest version dated: 09/10/2019

 

These terms and conditions of use (hereafter the "Terms and Conditions") are established between the User and the simplified joint stock company SIMUNDIA, with capital of 13,440.41 euros, registered with the Commerce and Business Registry of Paris under number 827 580 242, having its registered office at 15 rue Ancelle 92200 Neuilly sur Seine (hereafter referred to as "the Company").

 

1. DEFINITIONS

 

 

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

 

Sessions: means the support service provided to the User by the Expert on the Site. The Session can be provided by video-conference, 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 adult age or under the supervision of a legal representative, capable of establishing a contract.

 

2. ACCEPTANCE OF THE TERMS AND CONDITIONS

 

Use of the Site implies full and unreserved acceptance by the User of these Terms and Conditions. It is, therefore, up to the User to become familiar with these Terms and Conditions before registering on the Site and before each use of the services offered by the Site.

 

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

 

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

 

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

 

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

 

Failure to comply with the Terms and Conditions by the User may result in suspension or removal 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, any behaviour that could interfere with proper functioning of the Site. As such, it is reminded that use of the Site implies compliance with certain standards of behaviour, such as respect for others, good faith and courtesy.


3. ACCOUNT OPENING

 

 

To access 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 Terms and Conditions and validate.

 

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

 

It is the User's responsibility to provide accurate and up-to-date information when registering on the Site and when booking a Session. In particular, the User must ensure the accuracy of all the information provided allowing him to establish contact with the Expert (email, telephone number, etc.). The User must make the necessary updates to the information in his account. Otherwise, the Company declines all responsibility for the harmful consequences that could result from this lack of information or failure to update.

 

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, username and password. Passwords and usernames are personal and the User agrees not to disclose them. As such, the User is solely responsible for their use.

Any attempt to use the password or username of another user is strictly prohibited.

 

If the User's telephone number is collected when opening the account, the User is informed that his telephone number will only be used for proper execution of the Sessions. Without prejudice to the foregoing, in accordance with legal provisions, the User is informed that he can, if he wishes, register on the list of opposition to telephone canvassing. The User can register for free on this list which applies to all professionals except those with whom the User has already established a contract.

 

4. DESCRIPTION OF HOW THE SITE WORKS

 

The Site is a service to connect Experts and Users wishing to benefit from an individualized remote Session. The User will have to answer an orientation questionnaire aimed at allowing the Site to direct the User to one or more Experts suited to his needs.

 

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

 

The Site then makes it possible to reserve and participate in Sessions with Experts.

 

The Sessions are not provided by the Site.


5. ACCESS TO SESSIONS

 

It is up to the User to ensure that he has the hardware, software and means to permit him 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 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 the Session credit determined in the contract established between his employer and Simundia. These Sessions will be accessible during the effective period of this contract.

 

6. OBLIGATIONS OF THE USER

 

6.1 Holding 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.

 

Sessions will be held on the dates and times agreed when booking the Session. The User is required to be present on the dates and times agreed with the Expert.

 

If the User is absent or late by more than twenty (20) minutes, the Session may be cancelled by the Expert but will be deducted from the credit as a Session held.

 

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 may cancel a Session, at no cost, up to forty-eight (48) hours before the Session, by message sent to the following address: contact@simundia.com.

 

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

 

In case of cancellation less than forty-eight (48) hours before the date of the Session, the Session will be deducted from his credit.

 

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

 

6.3 Behaviour of the User

 

During the Session, the User agrees to behave in a serious manner. He will refrain from any inappropriate communication (e.g., insults, obscenity, etc.) or comments of a racist, sexist or homophobic nature.

 

Any inappropriate behaviour by the User may lead to suspension of the Session by the Expert and will not refunded.

 

6.4 Confidentiality

 

The User agrees not to film or record the Session.

 

The Expert is bound by his rules of ethics to 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 Experts. The Site has no access to the information provided during Sessions and, therefore, declines all liability in this regard.

 

7. CANCELLATION




In the event of non-performance by the User of one of his obligations and/or non-compliance with the Terms and Conditions, the Company reserves the right to suspend, without notice, access to the Site, temporarily or permanently, without this suspension being able to grant entitlement to any compensation.

 

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 FROM RESPONSIBILITY

 

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

 

The Company is totally independent from laboratories and pharmaceutical industries. As such, the Company has no financial or capital ties with them and does not receive any financial assistance or subsidy from them.

 

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

 

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

 

Access to the Site is possible for the User except in the event of force majeure or an event beyond the control of the Company and subject to any breakdowns and maintenance interventions necessary for proper functioning of the Site, which may be done without advance warning being given to the User.

 

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

  • Momentary interruptions in updating certain files   
  • Operating difficulties or temporary interruption of the Site beyond the Company's control, notably in the event of an interruption in electricity or telecommunications services, network saturation of any kind, at certain times 
  • Momentary interruptions necessary for development or maintenance of the Site
  • Failure or malfunction of the Internet in the transmission of messages or documents
  • Contamination of the Site by a computer virus
  • Malicious intrusions by third parties on the Site, despite the security measures in place.

 

The User also agrees to accept the characteristics and limitations of the Internet and, in particular, recognizes:

  • That he has knowledge of the nature of the Internet, in particular its technical performance and response times.
  • That the communication of his username and, in general, of any information deemed confidential, is done under his sole responsibility.

 

The Site allows the User to benefit from psychology and/or coaching sessions, which may not under any circumstances replace medical consultations. Under no circumstances does the Site allow Users to access a service offering a medical session as such. Thus, no medical act or medical prescription can be administered through the Site. If necessary, Experts will be able to invite Users to consult a doctor or the services they deem appropriate for the User (emergency room, specialist, hospital, medical or paramedical staff).

 

In an emergency situation or one involving a significant health risk, fatal or not, the User 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, as such, is 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 represent infringement punishable by civil and criminal law.

 

The User agrees not to debase or infringe in any way whatsoever the brands, logos and other distinctive signs appearing on the Site.

 

10. TREATMENT OF PERSONAL DATA OF THE USER

 

The User agrees, within the framework of his registration on the Site and access to the Sessions, that his personal data shall be collected and processed by the Company.

 

The 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 6 January 1978 known as the amended Data Protection Act and of European Regulation 2016/679 of 27 April 2016.

 

No health data is collected on the Site.

 

The User's personal data is processed to manage access to the Site and to conduct the Sessions. The User consents to his data being sent to the Experts responsible for conducting the Sessions. These data are 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 his rights with regard to personal data concerning him in the "Privacy Policy" section of the Site.

Once the User's personal data has been sent to the Expert, the latter will process them as data controller. The Company excludes all liability for the processing of personal data done 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 COMPETENT JURISDICTION

 

The Terms and Conditions as well as the relationship between the User and the Site, in general, are subject to French law.

 

Any dispute which may arise due to interpretation of these Terms and Conditions or in the contractual relations between the User and the Site will come under the exclusive jurisdiction of the French courts.

 

 

12. MISCELLANEOUS

 

It is formally acknowledged that any tolerance or waiver by the Company in application of these terms and conditions, regardless of their frequency or duration, may not constitute a modification of these Terms and Conditions, or generate any right.

 

Invalidity of one of the clauses of the Terms and Conditions, notably in application of a law, a regulation or following a decision of a competent court which has become final, will not result in invalidity of the other clauses of the Terms and Conditions which will retain their full force and scope.