Terms and Conditions of Use

ARTICLE 1 – PURPOSE

These General Terms of Use (hereinafter referred to as “GTU”) aim to define the conditions of use of the services offered on the website https://www.consultenligne.com/ (hereinafter the “Site”) and the rights and obligations of the parties within this framework.

They may be supplemented, if applicable, by specific terms of use for certain Services. In case of contradiction, the specific terms prevail over these general terms.

The version currently online of these terms of use is the only enforceable one throughout the period of use of the Site until it is replaced by a new version.

ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS OF USE

Access to and use of the Site https://www.consultenligne.com/ are subject to acceptance and compliance with these GTU. By browsing the Site, regardless of the technical means of access and the terminals used, you are presumed to be aware of these GTU. This acceptance can only be full and complete. Any acceptance under reservation is considered null and void.

Users who do not accept to be bound by these GTU must not use the Services.

The GTU are applicable from their acceptance by the User for an indefinite period until the termination of the Contract for Users with a User Account.

ARTICLE 3 – CONDITIONS OF ACCESS TO THE SITE

The Services are accessible, subject to the restrictions provided on the site:

• To any natural person with full legal capacity to commit under these general terms. A natural person who does not have full legal capacity may only access the Site and Services with the consent of their legal representative;
• To any legal person acting through a natural person with the legal capacity to contract in the name and on behalf of the legal person.

ARTICLE 4 – SERVICES OFFERED

The Consultenligne Platform offers the User the possibility to use the Directory Service; Online Appointment Booking; Teleconsultation and/or the Dashboard with their Doctor for contact.

The Services are provided to the user free of charge. However, the User acknowledges that the Consultenligne Platform refers to medical acts or care performed by a Health Actor in the context of a medical consultation that may be subject to billing fees.

When Consultenligne provides details on its Site regarding the fees of a Health Actor, this information is provided for information purposes only and for convenience.

In no event does Consultenligne guarantee the accuracy of such information. The final price of the care service may vary depending on the type of consultation actually performed, in accordance with the care agreements in force with the Health Actor.

It is the responsibility of the Health Actor to inform the Patient of the cost of such act or care.

ARTICLE 5 – CREATION OF A CLIENT ACCOUNT

To benefit from the Online Appointment Booking, Teleconsultation Services, and consult the Dashboard with their Doctor for contact, the User must create an Online User Account.

When creating their User Account, the User agrees to provide accurate and complete Information about their identity as requested in the online form.

They agree not to create a false identity that could mislead Consultenligne, Health Actors, or third parties and not to impersonate another person.

The User agrees to immediately update the data they provided during their first login to their User Account in case of modification.

Given the nature of the Services provided, Consultenligne reserves the right to verify and/or have a third-party provider specialized in verifying the User’s identity, notably by asking them to send a copy of their identity card.

After validating the GTU and creating their User Account, the User receives a confirmation email at the address provided.

It is the responsibility of the User to verify that the email address provided is correct when creating their Account.

If the User provides false, inaccurate, outdated, incomplete information, or information that is likely to mislead, Consultenligne may immediately suspend access to the User Account without notice or compensation and refuse access, temporarily or permanently, to all or part of the Services.

Accounts of Close Contacts: The User may use their Account to book appointments for themselves or for a Close Contact. The User acknowledges having received authorization from this Close Contact to use their Personal Data and register them on the Consultenligne Platform; to book an appointment in their name.

The User agrees to provide, when creating the Close Contact account or booking an appointment online, the phone number and email address of the Close Contact to allow them to receive SMS/emails related to the appointment and any Document related to their care that the Health Actor wishes to send them. If it is impossible to provide the contact details of the Close Contact, the User acknowledges having obtained prior consent from the Close Contact to receive information and documents related to their appointment on their behalf.

ARTICLE 6 – INTELLECTUAL PROPERTY

All trademarks, photographs, texts, comments, illustrations, animated or non-animated images, video sequences, sounds, as well as all computer applications that could be used to operate this site and more generally all elements reproduced or used on the site https://www.consultenligne.com/ are protected by the laws in force under intellectual property.

They are the full and entire property of Consultenligne or its partners. Any reproduction, representation, use, or adaptation, in any form whatsoever, of all or part of these elements, including computer applications, without the prior written consent of the publisher, is strictly prohibited.

The fact that the publisher does not initiate proceedings upon becoming aware of these unauthorized uses does not constitute acceptance of said uses and waiver of prosecution.

ARTICLE 7 – SITE MANAGEMENT AND PENALTIES FOR BREACHES

In the event of a breach of any of the provisions of these general terms or, more generally, of any laws and regulations in force by a User, Consultenligne reserves the right to take any appropriate measures, including:

• Suspending or terminating the User’s access to the Services, whether the User is the author of the breach or has participated in it,
• Deleting any content posted on the site,
• Publishing any informational message on the site that Consultenligne deems useful,
• Notifying any relevant authority,
• Initiating any legal action.

ARTICLE 8 – RESPONSIBILITIES

8.1 Site

Consultenligne implements the necessary means and measures to ensure the proper functioning and maintenance of the continuity and quality of the Site’s Services.

The User acknowledges that Consultenligne’s role is limited to that of a simple intermediary and technical service provider.

The User acknowledges that Consultenligne cannot be held responsible for a Service interruption or execution delay beyond its control, and in particular, that the provision of Services depends on the reliability, availability, and continuity of connections from several third parties (telecommunications network operators, public Internet, User’s Equipment, etc.) as well as the accuracy and integrity of User Data.

Consultenligne may need to suspend the Services for scheduled maintenance by Consultenligne or one of its subcontractors or in case of technical imperatives (emergency maintenance).

8.2 Users

It is understood between the Parties that Consultenligne can in no way be held responsible for compensating any indirect damages suffered by Users in connection with the use of the Services.

Healthcare Providers, being subject to their ethical obligations and applicable regulations in their field, are responsible for diligently attending to any damages suffered by Users.

Furthermore, Consultenligne cannot be held liable for acts resulting from an act or negligence of the User that does not comply with applicable regulations and/or the Contract. Consultenligne disclaims all responsibility in case of disputes, regardless of their cause, between a User and a Healthcare Provider, not attributable to Consultenligne.

Consultenligne can in no way be held responsible for the non-performance or improper performance of an act or care by a Healthcare Provider, the content of a Prescription or Medical Document, and/or side effects experienced by a User following a face-to-face or video consultation.

This duty of quality care arises from Article R.4127-32 of the Public Health Code:

“Once a physician has agreed to respond to a request, they are committed to providing the patient with careful, dedicated care based on the current state of medical science, and to seeking competent third-party assistance if necessary.”

ARTICLE 9 – GENERAL OBLIGATIONS OF THE USER

The User agrees to:

• Respect the terms of the Contract;
• Provide Consultenligne with all necessary documents to certify User Data, without limitation;
• Communicate to Consultenligne, within the agreed deadlines, all necessary information for the provision of the Services and update User Data in writing. The User is solely responsible for the consequences of any failure or delay in updating said Data;
• Ensure that the Equipment necessary for using the Services complies with the technical requirements communicated to them;
• The provision, installation, and maintenance of the Equipment, as well as the costs of electronic communications (such as telephone costs and Internet access fees) resulting from their use, are the sole responsibility of the User. It is the User’s responsibility to inform themselves of the usage costs of said Equipment and services from the relevant operators;
• Protect against data loss or hacking risks by using regularly updated antivirus software;
• Restrict access and maintain the utmost confidentiality regarding access methods to the Services, and generally secure these access methods to prevent unauthorized use of the Services;
• Use the Services in compliance with the laws and regulations applicable to the Contract;
• Not use the Services in a way that could harm the reputation of Consultenligne and/or Healthcare Providers;
• Ensure that the User Data communicated within the framework of using the Services does not infringe on the rights of third parties and that they are authorized to disseminate it;
• Use the Platform and Services only for private purposes. The Services cannot be used for commercial or profit-making purposes.

Furthermore, the User:

• Is responsible for the use they or their Close Contacts make of the Services, the User Data they provide on the Platform, and the use of it by Consultenligne and/or Healthcare Providers;
• Indemnifies Consultenligne and its representatives for all costs (including fees, costs, and legal expenses) and damages related to claims and legal actions concerning the use of the Services by the User and/or their Close Contacts in an illegal, immoral, fraudulent manner, or outside the Contract; the User Data they provide and its use by Consultenligne and/or Healthcare Providers and their Assistants; and the violation of intellectual property rights of Consultenligne or any third party due to the use of the Services by the User.

ARTICLE 10 – TERMINATION

10.1 Termination by Consultenligne

The User acknowledges being informed that all or part of the Services may be terminated by Consultenligne without justification and without compensation. In this context, the User is informed that Consultenligne must observe a one (1) month notice period.

Furthermore, in the event of serious misconduct by the User, such as using one or more Services contrary to the terms of the Contract, laws, and regulations, likely to harm the reputation of Consultenligne or a Healthcare Provider, or the physical or mental integrity of another User, Consultenligne may terminate all or part of the Services by any means with a seven (7) day notice period from the effective suspension without compensation.

10.2 Termination by the User

The User can terminate the Contract at any time by requesting the deletion of their User Account at (email address) or by logging into their User Account (section “My Account”).

In accordance with their right to data portability, the User can recover their personal data in CSV or Excel format before any deletion of their User Account.

The User acknowledges having all the rights and/or authorizations necessary to recover the aforementioned data.

10.3 Consequences of Termination

Any termination of the Contract by Consultenligne or the User automatically results in the end of the User’s right to access the Services, the deletion or anonymization of all User Data, and all Medical Documents contained in the User Account.

Consultenligne is nonetheless authorized to retain a copy of the Confidential Information for all purposes required by applicable law.

ARTICLE 11 – PROTECTION OF PERSONAL DATA

The personal data protection policy available at https://www.consultenligne.com/ describes the respective roles and obligations of the User and Consultenligne regarding the processing of personal data in the context of service provision. By accepting these GTU, the User and Consultenligne agree to comply with the terms and conditions of this personal data protection policy.

ARTICLE 12 – COOKIES

During your visit to the Site or the Application, cookies may be placed on your computer, tablet, or smartphone.

12.1. Definition of cookies

A “cookie” is a small text file that contains information specific to the user of the Site and the Application.

It is stored on the user’s hard drive and can only be read by the server that provided it.

For example, cookies help us remember your username during your next visit, understand your interactions with our content, and improve it based on the information collected.

The information obtained by cookies is recorded on the server hosting the Site, which is located in France.

12.2. Purpose of the cookies used

Consultenligne makes limited use of “cookies” to facilitate your navigation on the Consultenligne Site, optimize your consultation of the Site, and perform audience measurements.

Cookies are retained for a maximum of 12 months.

Specifically, these are:

— Cookies necessary for the proper functioning of the Site: These are essential cookies for tracking and recording Client Accounts on the Site and the Application. Without these cookies, some settings of the Site and the Application may not function properly.

— Functional cookies: These are essential cookies for navigation on the Site and the Application. They allow us to remember the choices made during visits. For example, we can store the geographical location in a cookie to suggest nearby establishments or events.

— Traffic analysis cookies: These cookies allow us to track the navigation of internet users to establish consultation statistics and monitor the performance of the Site and the Application. This data helps us improve the Site and the Application and provide a better user experience.

If you do not wish to use this technology, you can disable this function in your browser software while retaining access to the Site. This may limit your ability to use or benefit from certain features of our Site.

ARTICLE 13 – CONFIDENTIALITY

Each Party guarantees strict confidentiality of the Confidential Information shared during the pre-contractual and post-contractual phases, as well as during the execution of the Contract.

To this end, each Party agrees to:

• Use the Confidential Information solely for the purposes of executing the Contract and to the extent necessary;
• Take all necessary precautions and protection measures to preserve the confidentiality of the other Party’s Confidential Information and prevent access by unauthorized persons, and at a minimum, offer the same degree of protection as for its own Confidential Information;
• Never disclose or reproduce the other Party’s Confidential Information to persons other than its members, employees, and agents who need access to this Confidential Information to fulfill the obligations required by the Contract or who are authorized to know them under the Contract. These members, employees, and agents can only access it under the aforementioned conditions.

In all cases, the Party receiving the Confidential Information guarantees compliance with this confidentiality commitment by those who have knowledge of the Confidential Information, including its employees or subcontractors.

The confidentiality obligation will remain valid for five (5) years after the expiration of the Contract for any reason.

Notwithstanding the above, each Party may disclose Confidential Information without the other Party’s consent, to the extent that such disclosure is required by a competent authority or pursuant to a legal or ethical obligation.

ARTICLE 14 – FORCE MAJEURE

Consultenligne is not liable for any breach of its contractual obligations in the event of force majeure or fortuitous events, including, but not limited to, disasters, fires, internal or external strikes, internal or external failures or breakdowns, and generally any event preventing the proper execution of orders.

ARTICLE 15 – THIRD-PARTY LINKS AND SITES

Consultenligne cannot be held liable for the technical availability of websites or mobile applications operated by third parties (including its potential partners) that the User may access through the Site.

Consultenligne assumes no responsibility for the content, advertisements, products, and/or services available on such third-party sites and mobile applications, which are governed by their own terms of use.

Consultenligne is also not responsible for transactions between the User and any advertiser, professional, or merchant (including its potential partners) to which the User is directed through the Site and cannot be a party to any disputes with these third parties, particularly regarding the delivery of products and/or services, warranties, declarations, and other obligations to which these third parties are bound.

ARTICLE 16 – DURATION OF SERVICES, UNSUBSCRIPTION

The Services are subscribed to for an indefinite period.

The User can unsubscribe from the Services at any time by sending a request to Consultenligne by email at the contact details mentioned in Article 2.

Unsubscription is effective immediately and automatically results in the deletion of the User’s Account.

ARTICLE 17 – MODIFICATIONS

Consultenligne reserves the right to modify these GTU at any time.

The User will be informed of these modifications by any useful means.

Users who do not accept the modified general terms must unsubscribe from the Services according to the procedures provided in Article 16.

Any User who uses the Services after the entry into force of the modified general terms is deemed to have accepted these modifications.

ARTICLE 18 – LANGUAGE

In the event of a translation of these general terms into one or more languages, the language of interpretation will be French in case of contradiction or dispute regarding the meaning of a term or provision.

ARTICLE 19 – APPLICABLE LAW

The User is informed that the Site is intended for patients residing in France and is governed by French law. By browsing the Site, the User submits to French law.

Before any contentious action, Consultenligne and the User will seek, in good faith, to amicably resolve their disputes relating to the validity, interpretation, execution or non-execution, interruption, termination or denunciation of these Terms of Use, for any cause and on any grounds whatsoever. Consultenligne and the User must meet to compare their points of view and make all useful findings to enable them to find a solution to the conflict that opposes them.

Consultenligne and the User will endeavor to reach an amicable agreement within thirty (30) days from the notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt.

Except to preserve their right to action or to avoid imminent harm, no legal action shall be admissible before this amicable dispute resolution procedure has been fully respected.

Any difficulties relating to the validity, application or interpretation of the Contract will be submitted, failing amicable agreement, to the competent courts in accordance with French law, subject to a specific jurisdiction resulting from a particular legal or regulatory text.

ARTICLE 20 – CONTACT

For any questions, information about the products presented on the site, or concerning the site itself, you can leave a message at the following address: (email address).

ARTICLE 21 – COMPLAINTS AND AMICABLE DISPUTE RESOLUTION

Under Article L. 612-1 of the Consumer Code: “Every consumer has the right to use a consumer mediator free of charge with a view to the amicable resolution of the dispute between them and a professional.”

Disputes falling within the scope of Article L. 612-1 of the Consumer Code are those defined in Article L. 611-1 of the Consumer Code, namely contractual disputes concerning the performance of a sales or service contract, between a consumer and a professional. The text covers both national and cross-border disputes.

If you are a “consumer” within the meaning of the preliminary article of the Consumer Code, we invite you to contact us first or to contact our customer service via the contact form at the following URL: https://www.consultenligne.com/en/contact-us/

If this attempt fails, you can use a conventional mediation procedure or any other alternative dispute resolution method, including free recourse within one year of your claim, to the competent consumer mediator according to the provisions of Title V of Book I of the Consumer Code:

Mediator of the Professional Federation of e-commerce and distance selling (FEVAD)

60 rue de la Boétie – 75008 PARIS

mediateurducommerce@fevad.com

To resolve your dispute, you can access the European online dispute resolution platform provided by Regulation (EU) No. 524/2013 of May 21, 2013, on online dispute resolution for consumer disputes, especially cross-border ones, by following the link http://ec.europa.eu/consumers/odr/.

In the event of failure of this mediation, or if you do not wish to use it, you remain free to submit your dispute to the competent courts.

You may, at your expense, be assisted by counsel.