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Terms and Conditions of Service

 



Latest version dated: 03/04/2020

 

These terms and conditions (hereafter the "Terms and Conditions") are established between the Expert 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, providing Users of the Site support services in psychology and/or coaching.

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 video-conferencing 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 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 Expert of these Terms and Conditions. It is, therefore, up to the Expert 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 Expert is, therefore, invited to consult the Terms and Conditions on each visit to the Site. If the Expert refuses a modification of the Terms and Conditions, he must no longer provide Sessions and close his account.

 

The Expert accepts these Terms and 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 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 Expert and the Company.

 

Failure to comply with the Terms and Conditions by the Expert may result in suspension or removal 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 the event of serious misconduct, disrespectful behaviour, any behaviour that could interfere with proper functioning of the Site, or any other reason. 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. PREREQUISITES AND PROFILE OF THE EXPERT


The Expert has a duty to be in compliance with the laws of his country of residence.

 

The Company reserves the right to verify the Expert's compliance with laws and regulations which are applicable to him at any time.

 

By conducting out a Session on the Site, the Expert is likely to be subject to legal and regulatory obligations, in particular of a declaratory nature. The Expert agrees to comply with all of these obligations and to make the required declarations. As such, the Expert agrees to pay all taxes and imposts related to his professional activity.

 

The Expert registered on the Site exercises his activity in complete independence. He does not receive any orders or instructions from the Company. The contractual relationship between the Expert and the Company can in no way be considered as creating a relationship of subordination or agency between the Expert and the Company.

 

The Expert agrees to take out and maintain, for the entire duration of his registration on the Site, professional civil 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 in France, for example.

 

The Expert agrees to respect the Code of Ethics of the Company, accessible at https://www.simundia.com/code-de-deontologie as well as the requirements put in place by the Qualiopi standard.

 

3.1 The Expert acting as a psychologist

 

Any psychologist registering on the Site is required to be registered in the ADELI directory or an equivalent abroad if the psychologist resides or has been trained abroad.

 

In this way, each psychologist, as a health professional, certifies having the skills and diplomas required to provide Sessions on the Site.

 

The Company reserves the right to verify the Expert's diplomas qualifications with the Expert at any time.

 

The Expert, acting as a psychologist, agrees to respect the Code of Ethics for psychologists and to transmit any alerts in the context of the prevention of psychosocial risks to a psychologist within the Company.

 

3.2 The Expert acting as a coach

 

The Company reserves the right to verify the Expert's diplomas and experience with the Expert at any time.

 

 

4. OPENING OF THE ACCOUNT

 

To conduct Sessions on the Site, the Expert 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 Expert with a username and password. The account will allow the Expert to provide Sessions to Users on the Site.

 

It is the Expert's responsibility to provide accurate and up-to-date information when registering on the Site. In particular, the Expert must ensure the accuracy of all the information provided allowing him to establish contact with the User (email, telephone number, etc.). The Expert 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 Expert when creating his account. The Expert may 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 unauthorised use of his account, username and password. Passwords and usernames are personal.

 

The Expert agrees to communicate on social networks about his membership in the Simundia network. Notwithstanding the absence of any exclusivity, the Expert refrains from any communication relative to coaching platforms, competing with the Company on existing or future social networks (such as, in particular, Twitter, Facebook, Snapchat, Instagram, etc.) and / or on participatory sites (such as You Tube, MySpace, etc.).

  

5. ACCESS TO SESSIONS

 

It is up to the Expert to ensure that he has the hardware, software and means to permit him to provide the Sessions. As such, the Expert is solely responsible for their use.

 

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

 

 

6. 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.

 

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:

- listing of the Expert on the Site,
- availability of a Session booking tool for the Expert,
- a video-conferencing tool allowing sessions to be carried out on the Site.

 

 

7. PRICE OF THE SESSIONS

 

The Expert accepts the pricing set by the Company.

The Expert will be responsible for all taxes, imposts and/or charges applicable in his country of origin for billing and payment of the Services.

No costs (including Internet connection costs) will be reimbursed to the Expert by the Company.

 

 

8.PAYMENT FOR SESSIONS

 

The Company will pay the Expert on the basis of the number of Sessions conducted on the Site. The Expert agrees to send the Company an invoice in accordance with the legal and regulatory obligations applicable in his country of origin.

 

All bank charges related to payment abroad will be the responsibility of the Expert. All transfers are initiated by the Company in Euros.

 

The Company has 60 days to pay for a Session conducted on the Site. Any late payment will automatically result in application of late payment penalties set at 3 times the legal interest rate plus a penalty of 40 euros for collection costs.

  

 

9. OBLIGATIONS OF THE EXPERT DE L’EXPERT

 

9.1 Holding of Sessions

 

The User will reserve a Session on the Site with the Expert. The Expert will contact the User on the dates and times agreed when booking the Session. The Expert is required to be present and to contact the User on the dates and times agreed with the User.

 

The Expert must remain available to the User for the duration of the agreed Session, regardless of the possible delay of the User.

 

If the Expert is absent or more than 15 minutes late, the Session will not be counted for the Expert.

 

For the performance of his Sessions to be counted, the Expert is required to hold them on the Site, using the video-conferencing tool provided.

 

9.2 Cancellation of Sessions

 

The Expert accepts that the User can cancel a Session free-of-charge up to forty-eight (48) hours before the Session. The Expert will be informed of cancellation of the Session by the User by e-mail. 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.

 

The Expert may cancel a Session up to forty-eight (48) hours before the Session, by message sent to the following address: contact@simundia.com. Beyond these forty-eight (48) hours, no modification of the schedule may be required by the Expert.

 

In case of cancellation, the Expert will agree on a new time slot for the Session with the User.

  

9.3 Behaviour of the Expert

 

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

 

The Expert recognizes that he is an independent professional who freely provides advice, opinions and answers, taking into account his qualifications and expertise, without third-party influence.

 

9.4 Confidentiality

 

The Expert agrees not to film or record the Session. The Expert also agrees to isolate himself from any third party likely to overhear the conversation during the Session.

 

The rules of ethics of the Expert require that he be bound by professional secrecy.

 

The Expert is solely responsible for the confidentiality of the content of the Sessions. He is solely responsible for the information that he himself communicates to Users. The Site has no access to the information provided during Sessions and, therefore, declines all liability in this regard.

 

The Expert agrees not to use and to preserve the confidentiality of the documents and information that he may receive with regard to the Company, the Users and the Sessions. This obligation will 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 will 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 present its arguments in order to oppose such disclosure.

 

 

10.10. CANCELLATION

 

In the event of non-performance by the Expert 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.

 

The Company may also decide without justification to suspend access to the Site for the Expert.

 

 

11. EXCLUSION FROM RESPONSIBILITY

 

The Site is a networking platform and the Company excludes all liability 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, 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 Expert 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 Expert.

 

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 put in

place.

 

The Expert 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 Expert to provide psychology and/or coaching sessions, which may not under any circumstances replace medical consultations. Therefore, the Expert agrees not to express a medical diagnosis. Under no circumstances should the Site allow Users to access a service offering a medical session as such.

 

If necessary, the Expert should invite the User to consult a doctor or the services they deem appropriate for the User (emergency room, specialist, hospital, medical or paramedical staff).

 

The Expert agrees not to provide Sessions to a User in an emergency situation or at significant health risk, fatal or not.

 

The Company cannot be held responsible for any indirect losses that may result from use of the Site, including lost earnings, lost profits, harm to image, loss of clientele, loss of business, harm to reputation, loss of expected gains or loss of opportunity.

 

 

 

12. PROPRIÉTÉ INTELLECTUELLE

 

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

 

 

13. TREATMENT OF PERSONAL DATA OF THE EXPERT

 

13.1 Personal data of the Expert

 

The Expert agrees, within the framework of his registration on the Site and the provision of Sessions, that his personal data shall be collected and processed 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 amended Data Protection Act and of European Regulation 2016/679 of 27 April 2016 (hereafter referred to as the "Applicable Legislation").

 

No health data is collected on the Site.

 

The Expert's personal data are necessary for management of the Sessions. They can be sent to the natural persons or legal entities that use these Sessions, such as the Users. This information and data are also kept for security purposes, in order to comply with legal and regulatory obligations.

 

The Expert 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.

 

13.2 Personal data of Users

 

As part of his contact with the User, the Expert will have access on the Site to personal data about the User (name, email address, answers to the orientation questionnaire) and necessary for providing the Sessions.

 

The Expert is authorized to process, as data controller, the personal data relative to Users, necessary to provide the Sessions.

 

The Expert agrees to only process the personal data of Users in the context of execution of the Sessions and in accordance with the Applicable Law.

 

The Expert agrees to guarantee the confidentiality of the personal data of Users and to refrain from selling or transferring them, in any form whatsoever, to a third party or subcontractor. As such, the Expert must implement the necessary security measures to prevent any unauthorized access to these data.

 

The Expert agrees 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 honour his obligation to respond to requests to exercise these rights by the Users concerned.

 

The Expert shall notify the Site about any breach of the personal data of Users as well as about any complaint from a User within a maximum of 12 hours after becoming aware of it. If necessary, the Expert shall notify the competent authority according to the Applicable Law about this breach.

 

The Expert agrees to only keep the personal data of Users for the time necessary for execution of the Sessions. The Expert agrees to destroy the personal data of Users upon request at any time from the Site.

 

 

14. APPLICABLE LAW AND COMPETENT JURISDICTION

 

The Terms and Conditions as well as the relationship between the Expert 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 Expert and the Site will come under the exclusive jurisdiction of the French courts.

 

 

15. 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.
 
In the event of a contradiction between the French version of these Terms and Conditions and its translation, only the French version will prevail.
 
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.