Legal notices and T&Cs

GENERAL CONDITIONS OF USE OF DISMED SERVICES

DEFINITIONS

Within the meaning of the general conditions of use, the expressions below will have the following definition:

  • CGU means these general conditions of use applicable to the Services.
  • Personal Data means any information relating to an identified or identifiable natural person; is deemed to be identifiable a person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more specific elements, specific to his physical, physiological, psychological, economic, cultural or social identity.
  • Personal Health Data désigne toute Donnée à Caractère Personnel de l’Utilisateur recueillie par un Professionnel de Santé à l’occasion d’activités de prévention, de diagnostic, de soins ou de suivi social et médico-social et notamment dans le cadre de l’utilisation des Services.
  • ID means the personal identifier associated with the User’s account as well as any confidential code or password issued to the User by DisMed then modified by the User and allowing the User to identify himself in order to access the Services .
  • Personal data regulations together means Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 applicable from May 25, 2018 (hereinafter, “the General Data Protection Regulation”) and the law “Informatique et Libertés » No. 78-17 of January 6, 1978 amended by Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms, and amended by Law No. 2004-801 of August 6, 2004.
  • Parts jointly designates Dismed and the User.
  • Health professional refers to professionals working in the health sector, and who are presented on the Site.
  • Services jointly designates the Research Service and the Teleconsultation Service made available to Users by Dismed through the Site.
  • Research Service refers to the free Health Professional search service made available to Users by Dismed through the Site.
  • Teleconsultation Service means the Service for making appointments online with Health Professionals made available to Users through the Site.
  • WebSite refers to the website dismed.fr.
  • User means any natural person who uses the Site and accesses the Services offered by Dismed through the Site.

Unless otherwise specified in the T&Cs:

  • Once a word or phrase has a definite meaning, any other form of that word or phrase has a corresponding meaning;
  • Words in the singular include the plural and vice versa;
  • A reference to a document, standard, legislative provision, code or other document implies any modification or update of this document, standard, legislative provision or code;
  • If a period of time is specified and goes back to a given day or to the day of acceptance of the TOS this period of time must be calculated as including that day.

LEGAL NOTICE

The Dismed Services are operated by Dismed, SARL, whose registered office is located at 10 rue de Penthièvre, 75008 Paris.
Dismed is hosted by a French Health Data Host approved by the Regional Health Agency, with certification ISO/IEC 27001 by Afnor.

Director of publication: Mr. Michel SISTAC, President.

PURPOSE OF THE TOS AND VERSION IN FORCE

The purpose of these T&Cs is to define the conditions under which Users can access and use the Services.

Any User who accesses the Services offered by Dismed undertakes to comply, without reservation, with these T&Cs, supplemented, where applicable, by the CPUs. These CPUs are notified before the use of the Services to the Users for express and prior acceptance.

If the User does not agree with all or part of the T&Cs, he is strongly recommended not to use the Site and the Services.

Dismed is free to modify these T&Cs at any time, in particular to take into account any legal, regulatory, jurisprudential and/or technical developments. The prevailing version is the one accessible online at the following address: https://dismed.fr/mentions-legales-et-cgu. The same applies to any CPUs accessible online at the Services address. All Users are therefore required to refer to their version accessible online on the date of their access and use of the Services.

The User is expressly informed that the only authentic version of the T&Cs of the Services is the one found online on the Site, which he acknowledges and accepts without restriction, undertaking to refer to it systematically when each connection.

CAPACITY

The Use of the Services is reserved for Users who are natural persons capable of entering into obligations in accordance with French law or by which they have been mandated for this purpose.

The User may use the Services on behalf of third parties over whom he has parental authority or for whom he is recognized as guardian or curator in accordance with French law.

INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO THE MEANS OF ACCESSING THE SERVICES

Dismed puts in place the means necessary 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 his use of the Services is at his own risk. The Services are provided “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 the event of force majeure or an event beyond the control of Dismed and subject to maintenance periods, possible breakdowns, contingencies techniques related to the nature of the Internet network or malicious acts or any damage to the hardware or software of Dismed.

Dismed cannot be held responsible for disruptions to the Internet network due to cases of force majeure within the meaning of the case law of the Court of Cassation and due to the maintenance operations of the Services planned by Dismed. Dismed also cannot be held responsible for the installation and operation 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 liable for any interruption of the Services, regardless of the cause, duration or frequency of this interruption.

The transfer rates and response times of information circulating from the Dismed platform to the Internet are not guaranteed by Dismed.

The User acknowledges that the speed of transmission of information does not depend on the Services offered by Dismed, but on the inherent characteristics of electronic communications networks and the technical characteristics of their connection mode (cable, ADSL, 3G, 4G etc.) and of their internet access.

Dismed cannot under any circumstances be required to repair any consequential damages suffered by the User when using the Services. Indirect damages are those which do not result exclusively and directly from the failure of the Dismed Services.

Furthermore, Dismed cannot be held liable for acts carried out by the User or a third party using the Services.

Any software, downloaded by the User, or obtained in any other way while using the Service, is at the User’s own risk.

PRIOR INFORMATION RELATING TO THE SERVICES

The Site offers the User the possibility of using: – The Search Service; – The Teleconsultation Service. and to receive information and documents from its practitioners.

The Services are provided to the User free of charge.

Nevertheless, the equipment (in particular computer, telephone, software, means of electronic communication) allowing access and use of the Services are the sole responsibility of the User, as well as the costs of electronic communications (in particular telephone costs, Internet access costs) resulting from their use. It is up to the User to find out the price of use of said equipment or services from the operators concerned. The User is solely liable for their prices.

Furthermore, the User acknowledges that the Site refers to paid services. In particular and for example, following a reservation made through the Site’s Teleconsultation Service, the User acknowledges and accepts that the health service provided by the Health Professional registered on the Site is chargeable. When Dismed provides details on its Site concerning the fees of a Healthcare Professional, this information is provided for information purposes only and for the sake of convenience. Under no circumstances does Dismed guarantee the accuracy of such information.

RESEARCH DEPARTMENT

The Search Service allows the User to search for a Healthcare Professional in accordance with various criteria (geolocation, specialty, spoken languages, male/female, etc.) and to consult the file / page of the Healthcare Professionals thus sought.

Dismed refers the User to the site of the competent Professional Orders with regard to health professionals exercising a regulated profession and to the sites of the representative unions of health professionals not exercising a regulated profession in order to obtain the exhaustive 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.

The User always retains the choice of health 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 unregulated professions.

TELECONSULTATION SERVICE

The User may, at any time, request a teleconsultation online 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 Research Service.

Each appointment is transmitted in real time to the Health Professional.

The User can also manage his teleconsultation appointments (cancellation) and follow the history of his teleconsultation appointments.

The User authorizes the Health Professional, via Dismed, and/or Dismed to send him SMS and e-mails the purpose of which is to provide him with information about the teleconsultation appointments he has made on the Site.

The User also authorizes the Health Professional, via Dismed, and/or Didmed to notify him by e-mail of any practical information concerning the Health Professionals accessible on the account of each User, or any health information sent by these same Professionals health.

DisMed and the Healthcare Professional decline all responsibility in the event of an error in the entry of their contact details by the User making it impossible to send any SMS or any e-mail necessary for the proper functioning and proper administration of the Service of Teleconsultations.

It is up to the User to make any checks that seem necessary or appropriate before making any request for a teleconsultation reservation with one of the Health Professionals registered on the Site. Dismed is in no way responsible for the accuracy of the information on each Healthcare Professional’s page. The accuracy and updating of this data are the sole responsibility of the Healthcare Professional.

The use of the Services does not dilute, modify or attenuate either directly or indirectly the responsibility and the obligations of the Health Professionals registered with the Services vis-à-vis the Users. Health Professionals exercise their professional practice independently, 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 Healthcare Professional following the identification and scheduling of a teleconsultation appointment by the User via the Teleconsultation Service.

The User undertakes to complete all the necessary Information requested of him for the proper use of the Teleconsultation Service.

The User is informed of the fact that the scheduling of a teleconsultation appointment via the Teleconsultation Service constitutes a firm commitment on his part, and that any non-attendance at a scheduled teleconsultation appointment must be the subject of ‘prior information of cancellation or postponement with the Health Professional concerned. This information can be provided either via the cancellation system offered via the Site, or by any means of contact of the registered Health Professional, at the User’s choice. The user acknowledges having been informed that he exclusively assumes the consequences of his non-presentation at an appointment vis-à-vis the Health Professional concerned. The User is also informed that if he is declared absent by the same Healthcare Professional for two of his appointments, it will no longer be possible for him to request a teleconsultation online until the Healthcare Professional concerned does not unlock his possibility of making an appointment.

REGISTRATION AND ACCESS TO THE TELECONSULTATION SERVICE

After requesting the creation of his User account, Dismed issues the User with Identifiers so that the User can access his User account. When requesting to open his User account, the User provides true, exact, up-to-date and complete information on his identity as requested in the internet form. In particular, he undertakes not to create a false identity likely to mislead DisMed or third parties and not to usurp the identity of another natural person. The User undertakes to immediately update, in the event of any modification, the data that he initially communicated.

In the event that the User provides false, inaccurate, outdated, incomplete, misleading or misleading information, Dismed may, immediately without notice or compensation, suspend or terminate the User’s User account and refuse access, temporarily or permanently, to all or part of the Services.

The User account includes in particular its Identifiers and placed under the exclusive responsibility of the User. The User undertakes to keep them secret and not to disclose them in any form whatsoever. If one of the User’s identification elements is lost or stolen, the latter must immediately inform Dismed, who will then proceed to the immediate cancellation and/or update(s) of the Identifier concerned.

The User is solely responsible for the use made of his Identifiers, even if the User pre-registers his Identifier on his computer, his mobile phone or on any other type of equipment, thus allowing the connection automatically to the Services.

Any access, use of the Services and transmission of data made from a User’s User account will be deemed to have been made by the latter. Safeguarding the confidentiality of the User’s Identifiers is the sole responsibility of the latter. In this respect, the User is required to ensure that at the end of each session he actually disconnects from the Services, in particular when he accesses 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 this User. In all the cases mentioned above, the User is required to notify Dismed, without delay, via the contact form, or by email at [email protected], so that Dismed can proceed with the reset of the User account.

Each User may terminate the subscription to their User account at any time by contacting Dismed via the Contact Form or by email: [email protected]

THIRD-PARTY SITES

In the event that the Services contain hypertext links to websites published by third parties (hereinafter the “Third Party Sites”) over which Dismed does not exercise any kind of control, Dismed assumes no responsibility for the content of the Third Party Sites or content to which Third Party Sites may link. The presence of hypertext links to Third Party Sites does not mean that Dismed approves in any way whatsoever of the content of Third Party Sites. Dismed is not responsible for any changes or updates to Third Party Sites. Dismed is not responsible for the transmission of information from Third Party Sites, nor for their malfunction.

INTELLECTUAL PROPERTY

The Dismed Services and all the elements that compose them 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 the prior written consent of Dismed.

Consequently, in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of the Dismed Services or of any element that compose is prohibited as well as their alteration. As such, the User is notably prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or any language, putting on the market free of charge or against payment, marketing, all or part of the Services provided by Dismed or any element that composes them, whatever the means and the support. No stipulation of the T&Cs can be interpreted as an assignment of intellectual property rights, whether tacitly or in any other way.

PROTECTION OF PERSONAL DATA

PERSONAL DATA RELATING TO THE USER

Dismed expressly invites the User to consult  privacy policy which is an integral part of these Terms.

COOKIES AND IP ADDRESS

Dismed expressly invites the User to consult its privacy policy et sa cookie policy which are an integral part of these Terms.

At the request of the judicial authorities, Dismed may transmit the IP address of the User, so that the latter can be identified in cooperation with his Internet service provider.

FORCE MAJOR

There is force majeure when an event beyond the control of the debtor, which could not have been reasonably foreseen when accepting the T&Cs and the effects of which cannot be avoided by appropriate measures, prevents the performance of its obligation by the debtor

The case of force majeure suspends the obligations of the party concerned during the time when force majeure will apply if this event is temporary. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible.

Otherwise, if the impediment is final, the parties will be released from their obligations under the conditions provided for in Articles 1351 and 1351-1 of the Civil Code.

PROOF AGREEMENT

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, i.e. as having the same value as that given to the original. Faxes or electronic writings should be kept in such a way that they can constitute faithful and durable copies within the meaning of article 1379 of the Civil Code.

WAIVER

The fact that one or other of the Parties does not avail itself of one or more stipulations of the T&Cs may in no case imply the renunciation by this Party to avail itself of them later.

PARTIAL NULLITY

In the event that certain stipulations of the T&Cs are inapplicable for any reason whatsoever, including due to an applicable law or regulation, the parties will remain bound by the other stipulations of the T&Cs and will endeavor to remedy the clauses. inapplicable in the same spirit as that which presided over the conclusion.

APPLICABLE LAW AND ATTRIBUTION OF JURISDICTION

The User is informed that the Site is intended for patients all over the world. Each User / Patient is therefore subject to the rights in force in his country. Also, by browsing the Site or using the services of Dismed, the User submits to the law of his country.

Any difficulties relating to the validity, application or interpretation of the T&Cs will 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 performance or the domicile of the defendant. This allocation of jurisdiction also applies in the event of summary proceedings, multiple defendants or warranty claims.

SPECIFIC CONDITIONS OF USE OF THE VIDEO CONSULTATION SERVICE

These Special Conditions of Use (hereinafter “CPU”) apply to the Video Consultation Service (or Teleconsultations) offered by Dismed. They supplement the General Conditions of Use of the Dismed Services. If this was not already the case, acceptance of these CPUs implies full acceptance of the General Conditions of Use for Dismed Services.

ADDITIONAL DEFINITIONS

Within the meaning of the special conditions of use, the expressions below will have the following definition:

  • Mobile Application means the Dismed application available from a smartphone following the downloading of it from an application store.
  • Mobile site designates the dismed.fr website accessible from a smartphone.
  • CPU means these special conditions of use applicable to the Video Consultation Service also called “Teleconsultation Service”.
  • Teleconsultation Service(s) or Video Consultation Service means the provision by Dismed to the User of a tool (software) allowing remote consultation by secure video transmission and strict standards for Health Data, with a Health Professional at the through the Application / Software used and made available by Dismed,  on Mobile or via the Site.
  • Teleconsultations ou Consultations by Video means remote consultations between a User and a Health Professional carried out by video transmission via Software, an Application or a Mobile Application or the Site.

CPU PURPOSE AND CURRENT VERSION

The purpose of these TPUs is to define the conditions under which Users can access and use the Teleconsultation Service. Any User who accesses the Teleconsultation Service offered by Dismed undertakes to comply, without reservation, with these TCUs. These CPUs are notified before the use of the Service to the Users for express and prior acceptance. If the User does not agree with all or part of the CPUs, he must not use the Teleconsultation Service. Dismed is free to modify the CPUs at any time, in particular to take into account any legal, regulatory, jurisprudential and/or technical developments. The prevailing version is the one accessible online on the day of use of the Teleconsultation Service. All Users are therefore required to refer to this version on the date of their use of the said service.

PROTECTION OF PERSONAL DATA

Dismed or any other third party do not have access to the Teleconsultations or to the data exchanged between the User and the Health Professionals. They remain strictly confidential. Dismed expressly invites the User to consult the specific provisions of its privacy policy, applicable to Teleconsultations, which is an integral part of these CPUs.

INFORMATION RELATING TO THE MEANS OF ACCESS AND THE SERVICE

In order 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 with satisfactory resolution and (2) a cable internet connection with sufficient speed If this is not the case, the Healthcare Professional may put an end to the Teleconsultation and if he deems it appropriate, charge the User for the costs relating to the acts already carried out. Dismed is only an intermediary between the User and the Health Professional, allowing them to carry out remote consultations by video transmission, the sending of documents electronically and online payment.

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 are the sole responsibility of the User, as are the costs of electronic communications (in particular Internet access costs) relating thereto. . It is up to the User to find out the price of use of said equipment or services from the operators concerned before using the Teleconsultation Service.

The User acknowledges that the Teleconsultation Service makes it possible to benefit from a paid health service and he will be liable to the Health Professional for this.

The information provided by Dismed on the rates or fees charged by a Healthcare Professional is provided for information only and for the sake of convenience. Dismed does not guarantee the accuracy of such information. The final price of Teleconsultations may vary depending on the types of consultations actually carried out. It is the Healthcare Professional’s responsibility to inform the patient of the cost of this act and any excess fees.

CONDITIONS OF ACCESS AND USE OF THE TELECONSULTATION SERVICE

Teleconsultation is not an emergency service. In the event of an emergency, the User must call 15 or 112 or go to an emergency service.

The Teleconsultation is done, for the patient, exclusively from a computer (via the software made available by Dismed). The computer must be equipped with a camera.

The User undertakes to complete all the necessary information requested and essential for the proper use of the Teleconsultation Service. When requesting a Teleconsultation on the site, the User must in particular provide the personal information (patient’s name, patient’s first name and email) which will be necessary to carry out the Teleconsultation. The payment system, meanwhile, is outsourced by our secretariat to an approved payment service provider (Stripe).

During the appointment, the User is invited to come to the Teleconsultation a few minutes before this one in order to ensure the quality of the audio and video connection of the computer.

When connecting for the Teleconsultation, the User is “put on hold” by the Healthcare Professional for a period left to the discretion of the latter. The Healthcare Professional then activates 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 allowing him to ensure the confidentiality and the smooth running of exchanges with the Health Professional. In particular, the User must make sure to carry out the Teleconsultation in a sufficiently bright and quiet place to allow a quality Teleconsultation.

The Healthcare Professional is the sole judge of the relevance of remote support for the User and may interrupt the Teleconsultation if necessary if the conditions for remote support are not met. The duration of a Teleconsultation is defined at the time of the request (information indicated in the booking process) and left to the discretion of the Healthcare Professional. During the Teleconsultation, the User must comply with the instructions specified by the Health Professional, for optimal care or diagnosis. Health Professionals carry out Teleconsultation completely independently, in accordance with the ethical and legal obligations incumbent upon them. The Teleconsultation takes place under the exclusive responsibility of the User and the Health Professional.

The User undertakes not to record, copy or distribute any content or extract of content in connection with the Teleconsultation, whatever the means, medium, process or purpose. The Teleconsultation is not recorded by the Health Professional, by Dismed or by any other third party. The User is informed that any infringement of image rights, respect for private life or professional and medical secrecy may be subject to sanctions, including criminal penalties.

In the event of a malfunction of any kind whatsoever during the Teleconsultation, the User must immediately inform the Health Professional. The User who improperly interrupts the Teleconsultation engages his responsibility with regard to the Health Professional.

At the end of the Teleconsultation, which the Healthcare Professional ends, the Healthcare Professional confirms the amount to be paid by the User, who will then be asked for payment. Depending on the situation, the Healthcare Professional may decide to revise downwards or not to charge for the Teleconsultation.

The User will then be able to receive, at his request, the invoice for the acts carried out with his practitioner via Dismed by our Secretariat department, and if necessary, the report of the teleconsultation and/or a written report, in particular for assessments & evaluations. . The establishment 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 under his sole responsibility.

Dismed declines all responsibility in the event of a dispute, for whatever reason, between the User and a Healthcare Professional, not directly attributable to Dismed.

Incivility, verbal or written, against teleconsultant Health Professionals may be subject to prosecution and the deletion of the User’s Dismed account.

Dismed cannot ensure the conformity of its product and its use beyond French jurisdiction.

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