Our Legal Notice and Terms of Use
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Definitions
For the purposes of these General Terms of Use, the terms below shall have the following definitions:
Terms of Use
Personal Data
Personal Health Data
Identifier
Personal Data Regulations
Parties
Services
Search Service
Teleconsultation Service
Website
User
Legal Notice
Dismed's Services are operated by Dismed, SARL, with its registered office at 10 rue de Penthièvre, 75008 Paris.
Dismed is hosted by a French Health Data Host approved by the Regional Health Agency, with ISO/IEC 27001 certification by Afnor.
Publication Director: Mr. Michel SISTAC, President.
Purpose of the Terms of Use and Current Version
The purpose of these Terms of Use is to define the conditions under which Users may access and use the Services.
Any User who accesses the Services offered by Dismed undertakes to comply, without reservation, with these Terms of Use, supplemented, where applicable, by the Specific Terms of Use (CPU). These CPU are notified to Users for express and prior acceptance before using the Services.
If the User does not agree with all or part of the Terms of Use, it is strongly recommended that they do not use the Website and the Services.
Dismed is free to modify these Terms of Use at any time, in particular to take into account any legal, regulatory, jurisprudential, and/or technical developments. The prevailing version is the one available online at the following address: https://dismed.fr/mentions-legales-et-cgu. The same applies to any CPUs available online at the Services address. All Users are therefore required to refer to the version available online on the date of their access and use of the Services.
The User is expressly informed that the only authoritative version of the Services' Terms of Use is the one available online on the Website, which they acknowledge and accept without restriction, undertaking to refer to it systematically during each connection.
Capacity
The use of the Services is reserved for natural person Users capable of entering into obligations in accordance with French law or by whom they have been mandated for this purpose.
The User may use the Services on behalf of third parties over whom they have parental authority or for whom they are recognized as a guardian or curator in accordance with French law.
Information, Responsibilities, and Guarantees Regarding Access to Services
Dismed implements the necessary means for the proper functioning of the Services. Dismed takes the necessary measures to maintain the continuity and quality of the Services.
The User acknowledges that their use of the Services is at their own risk. The Services are provided to them "as is" and are accessible without any guarantee of availability and regularity. Dismed will, however, endeavor to make the Services accessible 24 hours a day, 7 days a week, except in cases of force majeure or an event beyond Dismed's control, and subject to maintenance periods, possible breakdowns, technical hazards related to the nature of the internet network, or acts of malice or any damage to Dismed's hardware or software.
Dismed cannot be held responsible for Internet network disruptions due to cases of force majeure as defined by the jurisprudence of the Court of Cassation, and due to maintenance operations of the Services planned by Dismed. Dismed also cannot be held responsible for the installation and functioning of the terminals used by the User to access the Services and not provided by Dismed.
More generally, Dismed cannot under any circumstances be held responsible for an interruption of the Services, regardless of the cause, duration, or frequency of this interruption.
The transfer rates and response times of information flowing from the Dismed platform to the Internet are not guaranteed by Dismed.
The User acknowledges that the speed of information transmission does not depend on the Services offered by Dismed, but on the characteristics inherent to electronic communication networks and the technical characteristics of their connection mode (cable, ADSL, 3G, 4G, etc.) and their internet access.
Dismed cannot under any circumstances be held liable for any indirect damages suffered by the User during the use of the Services. Indirect damages are those that do not result exclusively and directly from the failure of Dismed's Services.
Furthermore, Dismed's liability cannot be sought for acts performed by the User or a third party using the Services.
Any software, downloaded by the User, or obtained in any other way during the use of the Service, is at the User's own risk.
Preliminary Information Regarding the Services
The Website offers the User the possibility to use:
– The Search Service;
– The Teleconsultation Service.
And to receive information and documents from their practitioners.
The Services are provided to the User free of charge.
Nevertheless, the equipment (including computer, telephone, software, electronic communication means) allowing access to and use of the Services is the sole responsibility of the User, as are the costs of electronic communications (including telephone costs, internet access costs) resulting from their use. It is up to the User to inquire about the price of using said equipment or services from the relevant operators. The User is solely responsible for their prices.
Furthermore, the User acknowledges that the Website refers to paid services. Particularly and for example, following a reservation made through the Website's Teleconsultation Service, the User acknowledges and accepts that the health service performed by the Health Professional registered on the Website is subject to a fee. When Dismed provides details on its Website concerning the fee schedules of a Health Professional, this information is provided for informational purposes only and for convenience. In no case does Dismed guarantee the accuracy of such information.
Search Service
The Search Service allows Users to search for Healthcare Professionals according to various criteria (geolocation, specialty, languages spoken, male/female, etc.) and to view the profiles/pages of the Healthcare Professionals found.
Dismed redirects Users to the websites of the relevant professional associations for healthcare professionals practicing a regulated profession and to the websites of the representative unions for healthcare professionals not practicing a regulated profession in order to obtain a comprehensive list of members of each profession concerned.
Dismed reminds the User that under no circumstances can the Search Service be considered, due to its lack of exhaustiveness, as a service for referring patients to Healthcare Professionals.
Users always retain the choice of healthcare professionals they consult in accordance with the applicable provisions of the Public Health Code, the ethical provisions applicable to regulated professions, and the binding provisions applicable to non-regulated professions.
Teleconsultation Service
The User may, at any time, make an online teleconsultation request with a Health Professional for a teleconsultation at a time indicated as available by the Health Professional on the Portal, and which the User will have previously identified within the Portal through the Search Service.
Each appointment is transmitted in real-time to the Health Professional.
The User can also manage their teleconsultation appointments (cancellation) and track the history of their teleconsultation appointments.
The User authorizes the Health Professional, via Dismed, and/or Dismed to send them SMS and emails, the purpose of which is to provide them with information regarding the teleconsultation appointments they have made on the Website.
The User also authorizes the Health Professional, via Dismed, and/or Dismed to notify them by email of any practical information concerning Health Professionals accessible on each User's account, or any health information sent by these same Health Professionals.
Dismed and the Health Professional disclaim all responsibility in case of an error in the entry of their contact details by the User, making it impossible to send any SMS or email necessary for the proper functioning and administration of the Teleconsultation Service.
It is up to the User to make all verifications that seem necessary or appropriate before proceeding with any teleconsultation booking request with one of the Health Professionals registered on the Website. Dismed is in no way responsible for the accuracy of the information appearing on each Health Professional's page. The accuracy and updating of this data are under the sole responsibility of the Health Professional.
The use of the Services does not directly or indirectly dilute, modify, or diminish the responsibility and obligations of Health Professionals registered with the Services towards Users. Health Professionals exercise their professional practice in complete independence, according to their personal ethical, legal, and regulatory obligations, and under their exclusive responsibility.
Dismed is in no way responsible for any cancellation or unavailability of the Health Professional following the identification and scheduling of a teleconsultation appointment by the User via the Teleconsultation Service.
The User undertakes to complete all necessary information requested from them for the proper use of the Teleconsultation Service.
The User is informed that scheduling a teleconsultation appointment via the Teleconsultation Service constitutes a firm commitment on their part, and that any non-attendance at a scheduled teleconsultation appointment must be subject to prior notification of cancellation or postponement to the Health Professional concerned. This notification can be made either via the cancellation system offered on the Website, or by any means of contact of the registered Health Professional, at the User's choice. The User acknowledges being informed that they exclusively bear the consequences of their non-attendance at an appointment with the Health Professional concerned. The User is also informed that if they are declared absent by the same Health Professional for two of their appointments, they will no longer be able to make an online teleconsultation request until the Health Professional concerned unblocks their ability to make appointments.
Registration and Access to the Teleconsultation Service
After requesting the creation of their User account, Dismed provides the User with Identifiers so that the User can access their User account. When requesting the opening of their User account, the User provides true, accurate, up-to-date, and complete information about their identity as requested in the online form. They undertake, in particular, not to create a false identity likely to mislead Dismed or third parties, and not to impersonate another natural person. The User undertakes to immediately update, in case of modification, the data they initially provided.
In the event that the User provides false, inaccurate, outdated, incomplete, misleading, or erroneous information, Dismed may, immediately without notice or compensation, suspend or terminate the User's User account and deny them temporary or permanent access to all or part of the Services.
The User account specifically includes their Identifiers and is placed under the User's exclusive responsibility. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If any of the User's identification elements are lost or stolen, the latter must immediately inform Dismed, which will then proceed with the immediate cancellation and/or update of the Identifier concerned.
The User is solely responsible for the use made of their Identifiers, even if the User pre-registers their Identifier on their computer, mobile phone, or any other type of equipment, thereby allowing automatic connection to the Services.
Any access, use of the Services, and data transmission performed from a User's User account will be deemed to have been performed by the latter. The safeguarding of the confidentiality of the User's Identifiers is the sole responsibility of the latter. In this regard, the User is required to ensure that at the end of each session, they effectively log out of the Services, particularly when accessing the Services from a public computer.
Any loss, misappropriation, or unauthorized use of a User's Identifiers and their consequences are the sole responsibility of that User. In all cases mentioned above, the User is required to notify Dismed without delay, via the contact form, or by email at contact@dismed.fr, so that Dismed can proceed with the reset of the User account.
Each User may at any time terminate their User account subscription by contacting Dismed via the Contact Form or by email: contact@dismed.fr.
Third-Party Sites
Should the Services contain hyperlinks leading to websites published by third parties (hereinafter referred to as "Third-Party Sites") over which Dismed exercises no control, Dismed assumes no responsibility for the content of Third-Party Sites or for the content to which Third-Party Sites may link. The presence of hyperlinks to Third-Party Sites does not imply that Dismed in any way approves of the content of Third-Party Sites. Dismed is not responsible for any modifications or updates concerning Third-Party Sites. Dismed is not responsible for the transmission of information from Third-Party Sites, nor for their malfunction.
Intellectual Property
Dismed's Services and all their constituent elements are, unless otherwise specified, the exclusive property of Dismed. All trademarks, slogans, and logos belonging to Dismed may not be used by the User without Dismed's prior written consent.
Consequently, in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries, and international conventions, any reproduction, dissemination, or representation, in whole or in part, of Dismed's Services or any element comprising them is prohibited, as is their alteration. In this regard, the User is notably prohibited from adapting, arranging, modifying, correcting, associating, translating into any language, marketing free of charge or for a fee, or commercializing all or part of the Services provided by Dismed or any element comprising them, regardless of the means or medium. No provision of the GTCU may be interpreted as a transfer of intellectual property rights, whether tacitly or otherwise.
Personal Data Protection
*by browsing our website, you accept our cookies and our Privacy Policy
User Personal Data
Dismed expressly invites the User to consult its privacy policy, which forms an integral part of these GTCU.
Cookies & IP Address
Dismed expressly invites the User to consult its privacy policy and its cookie policy, which form an integral part of these GTCU.
At the request of judicial authorities, Dismed may transmit the User's IP address, so that the User may be identified in cooperation with their Internet service provider.
Force Majeure
Force majeure occurs when an event beyond the debtor's control, which could not have been reasonably foreseen at the time of accepting the GTCU and whose effects cannot be avoided by appropriate measures, prevents the debtor from fulfilling their obligation.
A force majeure event suspends the obligations of the affected party for the duration of the force majeure if the event is temporary. Nevertheless, the Parties shall endeavor to minimize its consequences to the fullest extent possible.
Failing that, if the impediment is permanent, the parties shall be released from their obligations under the conditions provided for in articles 1351 and 1351-1 of the Civil Code.
Agreement on Evidence
Messages received by fax or electronically, and more generally electronic documents exchanged between Dismed and the User, are original writings within the meaning of article 1366 of the Civil Code, meaning they have the same value as that accorded to the original. Faxes or electronic writings should be preserved in such a way that they can constitute faithful, durable copies within the meaning of article 1379 of the Civil Code.
Waiver
The failure of either Party to invoke one or more provisions of the GTCU shall in no case imply a waiver by that Party of its right to invoke them subsequently.
Partial Invalidity
In the event that certain provisions of the GTCU are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the parties shall remain bound by the other provisions of the GTCU and shall endeavor to remedy the inapplicable clauses in the same spirit that prevailed during their conclusion.
Applicable Law and Jurisdiction
The User is informed that the Site is intended for patients worldwide. Each User / Patient is therefore subject to the laws in force in their country. Thus, by browsing the Site or using Dismed's services, the User submits to the law of their country.
Any difficulties relating to the validity, application, or interpretation of the GTCU shall be submitted, in the absence of an amicable agreement, to the Tribunal de Grande Instance of Paris (for France) and to the competent courts for other countries, to which the Parties attribute territorial jurisdiction, regardless of the place of execution or the defendant's domicile. This attribution of jurisdiction also applies in the event of summary proceedings, multiple defendants, or third-party claims.
Special Terms of Use for the Video Consultation Service
These Special Terms of Use (hereinafter "STU") apply to the Video Consultation Service (or Teleconsultations) offered by Dismed. They supplement the General Terms of Use for Dismed Services. If this were not already the case, acceptance of these STU implies full and complete acceptance of the General Terms of Use for Dismed Services.
Additional Definitions
For the purposes of these special terms of use, the expressions below shall have the following definitions:
- Mobile Application refers to the Dismed application available on a smartphone after being downloaded from an app store.
- Mobile Site refers to the dismed.fr website accessible from a smartphone.
- STU refers to these special terms of use applicable to the Video Consultation Service, also named "Teleconsultation Service".
- Teleconsultation Service(s) or Video Consultation Service refers to Dismed's provision to the User of a tool (software) enabling remote consultation via secure video transmission, compliant with strict standards for Health Data, with a healthcare professional through the Application / Software used and provided by Dismed, on Mobile or via the Site.
- Teleconsultations or Video Consultations refers to remote consultations between a User and a healthcare professional conducted via video transmission through Software, an Application, a Mobile Application, or the Site.
Purpose of the STU and Current Version
The purpose of these STU is to define the conditions under which Users may access and use the Teleconsultation Service. Any User who accesses the Teleconsultation Service offered by Dismed undertakes to comply, without reservation, with these STU. These STU are notified to Users for express and prior acceptance before using the Service. If the User does not agree with all or part of the STU, they must not use the Teleconsultation Service. Dismed is free to modify the STU at any time, particularly to take into account any legal, regulatory, jurisprudential, and/or technical developments. The prevailing version is the one accessible online on the day the Teleconsultation Service is used. Therefore, every User is required to refer to this version on the date of their use of said service.
Personal Data Protection
Dismed or any other third party does not have access to Teleconsultations or to the data exchanged between the User and the Healthcare Professionals. These remain strictly confidential. Dismed expressly invites the User to consult the specific provisions of its privacy policy, applicable to Teleconsultations, which forms an integral part of these STU.
Information Regarding Access Methods and the Service
To access the Teleconsultation Service and benefit from a quality Teleconsultation, the User must have at least the following equipment: (1) a sufficiently recent computer (Mac or PC) with a camera of satisfactory resolution and (2) a wired internet connection with sufficient bandwidth. If this is not the case, the Healthcare Professional may terminate the Teleconsultation and, if deemed appropriate, charge the User for services already rendered. Dismed is only an intermediary between the User and the Healthcare Professional, allowing them to conduct remote consultations via video transmission, send documents electronically, and make online payments.
The Teleconsultation Service is provided to the User by Dismed free of charge. The equipment (computer, internet connection, etc.) allowing access to and use of the Teleconsultation Services is the sole responsibility of the User, as are the related electronic communication costs (including internet access costs). It is the User's responsibility to inquire about the cost of using said equipment or services from the relevant operators before using the Teleconsultation Service.
The User acknowledges that the Teleconsultation Service provides a paid healthcare service, and they will be liable for payment to the Healthcare Professional.
The information provided by Dismed regarding the fees or charges applied by a Healthcare Professional is indicative and for convenience only. Dismed does not guarantee the accuracy of such information. The final price of Teleconsultations may vary depending on the types of consultations actually performed. It is the responsibility of the Healthcare Professional to inform the patient of the cost of this service and any potential additional fees.
Conditions for Accessing and Using the Teleconsultation Service
Teleconsultation is not an emergency service. In case of emergency, the User must call 15 or 112 or go to an emergency department.
Teleconsultation is conducted, for the patient, exclusively from a computer (via the software provided by Dismed). The computer must be equipped with a camera.
The User undertakes to complete all necessary information requested and essential for the proper use of the Teleconsultation Service. When making a request for a Teleconsultation on the site, the User must notably provide personal information (patient's last name, patient's first name, and email) that will be necessary for the Teleconsultation to take place. The payment system, for its part, is outsourced by our secretariat to an approved payment service provider (Stripe).
At the time of the appointment, the User is invited to join the Teleconsultation a few minutes beforehand to ensure the quality of the computer's audio and video connection.
Upon connecting for the Teleconsultation, the User is "placed on hold" by the Healthcare Professional for a duration left to the latter's discretion. The Healthcare Professional then initiates the start of the Teleconsultation. Dismed cannot be held responsible for delays or cancellations by Healthcare Professionals.
The User undertakes to use the Teleconsultation Service under conditions that ensure the confidentiality and smooth conduct of exchanges with the Healthcare Professional. In particular, the User must ensure that the Teleconsultation takes place in a sufficiently well-lit and quiet location to allow for a quality Teleconsultation.
The Healthcare Professional is the sole judge of the appropriateness of remote care for the User and may interrupt the Teleconsultation if necessary, should the conditions for remote care not be met. The duration of a Teleconsultation is defined during the request (information indicated in the booking process) and is left to the sole discretion of the Healthcare Professional. During the Teleconsultation, the User must comply with the instructions specified by the Healthcare Professional for optimal care or diagnosis. Healthcare Professionals conduct Teleconsultations independently, in accordance with their ethical and legal obligations. The Teleconsultation takes place under the exclusive responsibility of the User and the Healthcare Professional.
The User undertakes not to record, copy, or disseminate any content or excerpt of content related to the Teleconsultation, regardless of the means, medium, process, or purpose. The Teleconsultation is not recorded by the Healthcare Professional, nor by Dismed, nor by any other third party. The User is informed that any infringement of image rights, privacy, or professional and medical secrecy may be subject to sanctions, including criminal penalties.
In case of any malfunction whatsoever during the Teleconsultation, the User must immediately inform the Healthcare Professional. A User who abusively interrupts the Teleconsultation incurs their liability towards the Healthcare Professional.
At the end of the Teleconsultation, which the Healthcare Professional concludes, the Healthcare Professional confirms the amount to be paid by the User, which will then be requested for settlement. Depending on the situation, the Healthcare Professional may decide to reduce or waive the fee for the Teleconsultation.
The User may then receive, upon request, the invoice for services rendered with their practitioner via Dismed through our Secretariat service, and if applicable, the Teleconsultation report and/or a written report, particularly for assessments & evaluations. The preparation of a written report is at the discretion of the Healthcare Professional. The transmission by the User of these documents containing personal health data to any third party is done under their sole responsibility.
Dismed disclaims all responsibility in case of any dispute, for whatever reason, between the User and a Healthcare Professional, not directly attributable to Dismed.
Verbal or written incivilities against teleconsulting Healthcare Professionals may lead to legal action and the deletion of the User's Dismed account.
Dismed cannot ensure the compliance of its product and its use beyond French jurisdiction.
