GENERAL CONDITIONS OF USE OF DISMED SERVICES
Within the meaning of the general conditions of use, the expressions below will have the following definition:
- GCU refers to these general conditions of use applicable to the Services.
- Personal data means any information relating to an identified or identifiable natural person; 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 their physical, physiological, psychological, economic, cultural or social identity is deemed to be identifiable.
- Personal Health Data refers to any Personal Data of the User collected by a Health Professional during prevention, diagnostic, care or social and medico-social monitoring activities and in particular in the context of the use of the Services.
- Username means the personal identifier associated with the User's account as well as any confidential code or password issued to the User by DisMed and then modified by the User and allowing the User to identify himself in order to access the Services.
- Personal data regulations together refers to 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 "Data Protection Act" »N ° 78-17 of January 6, 1978 modified Law n ° 78-17 of January 6, 1978 relating to data processing, files and freedoms, and modified by law n ° 2004-801 of August 6, 2004.
- Parts jointly designates DisMed and the User.
- Health professional refers to the professionals involved in the health sector, and who are presented on the Site.
- Services jointly refers to the Research Service and the Teleconsultation Service made available to Users by DisMed through the Site.
- Research Service means the free search service for Healthcare Professionals made available to Users by DisMed through the Site.
- Teleconsultation Service refers to the Online Appointment Booking Service with Healthcare Professionals made available to Users through the Site.
- Site refers to the dismed.fr website.
- User refers to any natural person who uses the Site and accesses the Services offered by DisMed through the Site.
Unless otherwise indicated in the GCU:
- As long as a word or phrase has a defined 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 any 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 T & Cs, this period of time must be calculated as including that day.
The DisMed Services are operated by DisMed, SARL, whose head 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 ISO / IEC 27001 certification by Afnor.
Director of publication: Mr. Michel SISTAC, President.
SUBJECT OF THE GCU AND CURRENT VERSION
The purpose of these GCU 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 respect, without reservation, these GCU, supplemented, where applicable, by the CPUs. These CPUs are notified before the use of the User Services for express and prior acceptance.
If the User does not agree with all or part of the GCU, they are strongly recommended not to use the Site and the Services.
DisMed is free to modify these GCU at any time, in particular to take into account any legal, regulatory, jurisprudential and / or technical developments. The prevailing version is the one that is available online at the following address: https://dismed.fr/en/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 GCU of the Services is the one found online on the Site, which he acknowledges and accepts without restriction, committing to refer to them systematically when each connection.
Use of the Services is reserved for Users who are natural persons capable of subscribing to obligations in accordance with French law or by which they have been appointed for this purpose.
The User can use the Services on behalf of third parties over which he has parental authority or for which he is recognized as guardian or curator in accordance with French law.
INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO THE MEANS OF ACCESS TO THE SERVICES
DisMed implements the means necessary for the smooth running 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 to it "as is" and are accessible without any guarantee of availability and regularity. DisMed will however strive 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 or malicious acts or any damage to the hardware or software of DisMed.
DisMed cannot be held responsible for disturbances of the Internet network due to cases of force majeure within the meaning of the case law of the Court of Cassation and because of the maintenance operations of the Services planned by DisMed. DisMed can also not 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 can in no way be held responsible for an interruption of the Services, whatever the cause, duration or frequency of such 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 characteristics inherent in electronic communications networks and the technical characteristics of their connection mode (cable, ADSL, 3G, 4G etc.) and of its internet access.
DisMed cannot under any circumstances be required to repair any indirect damage suffered by the User during the use of the Services. Indirect damages are those which do not result exclusively and directly from the failure of the DisMed Services.
In addition, DisMed cannot be held liable 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 risk and peril of the User.
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.
However, the equipment (in particular computer, telephone, software, electronic means of communication) allowing access and use of the Services are the sole responsibility of the User, as are the costs of electronic communications (in particular telephone costs, Internet access costs) resulting from their use. It is up to the User to inquire about the cost of using said equipment or services from the operators concerned. The User alone is 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 regarding the rates of a Healthcare Professional's fees, this information is provided for guidance only and for convenience. In no event does DisMed guarantee the accuracy of such information.
The Search Service allows the User to search for a Health Professional in accordance with various criteria (geolocation, specialty, languages spoken, male / female, etc.) and to consult the sheet / page of the Health 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 unions representing 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 in any case the Research Service can not be assimilated, due to its lack of completeness, to 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 non-regulated professions.
The User can, at any time, request an online teleconsultation with a Healthcare Professional for a teleconsultation at a time indicated as available by the Healthcare 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 Healthcare Professional.
The User can also manage his teleconsultation appointments (cancellation) and follow the history of his teleconsultation appointments.
The User authorizes the Healthcare 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 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 his contact details by the User making it impossible to send any SMS or any e-mail necessary for the proper functioning and administration of the Service. 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 Healthcare 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 obligations of Healthcare Professionals registered for the Services towards Users. Healthcare Professionals exercise their professional practice in complete independence, in accordance with 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 that the programming of a teleconsultation meeting via the Teleconsultation Service constitutes a firm commitment on his part, and that any no-show at a scheduled teleconsultation meeting must be subject to '' prior cancellation or postponement information to the concerned Healthcare Professional. 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 being informed that he exclusively assumes the consequences of his non-presentation to an appointment with respect to the Health Professional concerned. The User is also informed that if he is declared absent by the same Health Professional for two of his appointments, it will no longer be possible for him to make an online teleconsultation request until the Health Professional concerned does not unlock his possibility of making an appointment.
REGISTRATION AND ACCESS TO THE TELECONSULTATIONS SERVICE
After requesting the creation of his User account, DisMed delivers the User Identifiers so that the User can access his User account. When requesting the opening of 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 agrees to immediately update, in the event of any modification, the data that he initially communicated.
In the event that the User provides false, inaccurate, out of date, incomplete, misleading or misleading information, DisMed may, immediately without notice or compensation, suspend or terminate the User's User account and refuse him access, temporarily or permanently, to all or part of the Services.
The User account includes in particular his 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 User must immediately inform DisMed, which will then proceed with 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 automatic to Services.
Any access, use of the Services and transmission of data made from the User account of a User will be deemed to have been carried out by the latter. Safeguarding the confidentiality of User 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 actually disconnect from the Services, in particular 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 the cases mentioned above, the User is required to notify DisMed, without delay, via the contact form, or by email to [email protected], so that DisMed can reset the User account.
Each User can terminate the subscription to his User account at any time by contacting DisMed via the Contact form or by email: [email protected]
In the event that the Services contain hypertext links to websites published by third parties (hereinafter “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 the Third Party Sites may link. The presence of hypertext links to Third Party Sites does not mean that DisMed approves in any way the content of Third Party Sites. DisMed is not responsible for any modification or update concerning Third Party Sites. DisMedB is not responsible for the transmission of information from Third Party Sites, nor for the malfunction of these.
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 laws and regulations 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 affects them. composes is prohibited as is their alteration. As such, the User is in particular prohibited from adapting, arranging, modifying, correcting, associating, translating into any language or any language, placing on the market free or for a fee, marketing all or part of the Services provided. by DisMed or any element that composes them, whatever the means and medium. No provision of the T & Cs may 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
COOKIES AND IP ADDRESS
At the request of the judicial authorities, DisMed can transmit the IP address of the User, so that the latter is identified in cooperation with his Internet service provider.
There is force majeure when an event beyond the control of the debtor, which could not be reasonably foreseen when accepting the T & Cs and the effects of which cannot be avoided by appropriate measures, prevents the execution 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 play if this event is temporary. However, the Parties will endeavor to minimize the consequences as far as possible.
Failing this, 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.
CONVENTION ON PROOF
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 granted to the original. Faxes or electronic documents 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.
The fact that one or the other of the Parties does not avail itself of one or more stipulations of the T & Cs may in no case imply the waiver by that Party to avail itself thereof subsequently.
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 at the conclusion.
APPLICABLE LAW AND ASSIGNMENT OF JURISDICTION
The User is informed that the Site is aimed at patients around 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 laws 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 de 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 attribution of jurisdiction also applies in the event of summary proceedings, multiple defendants or call in warranty.
SPECIAL CONDITIONS OF USE OF THE VIDEO CONSULTATION SERVICE
These Special Conditions of Use (hereinafter “CPU”) apply to the Video Consultations (or Teleconsultations) Service offered by DisMed. They supplement the General Conditions of Use of DisMed Services. If this was not already the case, acceptance of these CPUs implies full and complete acceptance of the General Conditions of Use for DisMed Services.
Within the meaning of the general conditions of use, the expressions below will have the following definition:
- Mobile app refers to the DisMed application available from a smartphone by downloading it from an application store.
- Mobile Site refers to the dismed.fr website accessible from a smartphone.
- CPU refers to these special conditions of use applicable to the Video Consultation Service also known as "Teleconsultation Service".
- Teleconsultation service (s) or Video Consultation Service means the provision by DisMed to the User of a tool (software) allowing a remote consultation by secure video transmission and in accordance with strict standards for Health Data, with a healthcare professional at the through the Application / Software used and made available by DisMed, on Mobile or via the Site.
- Teleconsultations or Video consultations means remote consultations between a User and a Healthcare Professional carried out by video transmission via a Software, an Application or a Mobile Application or the Site.
SUBJECT OF THE CPU AND CURRENT VERSION
The purpose of these CPUs 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 CPUs. These CPUs are notified before using the Service to 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 in order to take into account any legal, regulatory, jurisprudential and / or technical development. The prevailing version is that which is 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 said service.
PROTECTION OF PERSONAL DATA
INFORMATION RELATING TO MEANS OF ACCESS AND 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 wired internet connection with sufficient speed. If this is not the case, the Healthcare Professional may terminate the Teleconsultation and, if he deems it appropriate, charge the User for costs relating to acts already performed. DisMed is only an intermediary between the User and the Healthcare 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 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 for using 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 for this to the Healthcare Professional.
The information provided by DisMed on the prices or fees charged by a Healthcare Professional is provided for information only and for 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 up to the healthcare professional to inform the patient of the cost of this act.
CONDITIONS OF ACCESS AND USE OF 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 service.
Teleconsultation is carried out, 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 of him and essential for the proper use of the Teleconsultation Service. When making a request on the site for a Teleconsultation, the User must in particular provide the personal information (patient name, patient's first name and email address) that will be necessary for the realization of the Teleconsultation. The payment system 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 it in order to ensure the quality of the audio and video connection of the computer.
When connecting for 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 agrees to use the Teleconsultation Service under conditions allowing him to ensure confidentiality and the smooth running of exchanges with the Healthcare Professional. In particular, the User must ensure that the Teleconsultation is carried out in a sufficiently bright and quiet place to allow quality Teleconsultation.
The Healthcare Professional is the sole judge of the relevance of remote care for the User and can interrupt the Teleconsultation if necessary if the conditions for remote care are not met. The duration of a Teleconsultation is defined during 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 Healthcare Professional, for optimal care or diagnosis. Healthcare Professionals carry out Teleconsultation in complete independence, in accordance with the ethical and legal obligations incumbent on them. Teleconsultation takes place under the exclusive responsibility of the User and the Healthcare Professional.
The User agrees 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 Healthcare Professional, by DisMed or by any other third party. The User is informed that any infringement of the right to image, respect for private life or professional and medical secrecy may be subject to sanctions, including criminal ones.
In the event of any malfunction of any kind during the Teleconsultation, the User must immediately inform the Healthcare Professional. The User who abusively interrupts the Teleconsultation is liable to the Healthcare 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 Health Professional can decide to revise downwards or not to charge for the Teleconsultation.
The User can then receive, at his request, the invoice for the acts performed with his practitioner via DisMed by our Secretariat service, and where applicable, the report of the teleconsultation and / or a written report, in particular for the reports. 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 done 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.
Incivilities, verbal or written, against teleconsulting Healthcare Professionals may be the subject of prosecution and the removal of the User's DisMed account.
DisMed cannot ensure the compliance of its product and its use beyond French jurisdiction.