Terms And Conditions

Object.

• The purpose of these CUG Terms of Use is to define the terms of use of the YourDoc Services and the rights and obligations of YourDoc and the User.

• The YourDoc Platform offers the possibility for the User in particular to use the online appointment booking service.

• The Services are provided to the User free of charge. However, the User acknowledges that the YourDoc Platform is used in the context of a medical consultation that may be subject to invoicing of fees.

Conditions of Access to Services

Any User can access without having to create an account. By using the functionalities available on the YourDoc.fr Site, the User acknowledges having read and accepted these Terms of Use without reservation.

Any User creating a User Account in order to access Online Appointment Services also undertakes to respect, without reservation, these T & Cs. The User expressly accepts the CU, without restriction or reservation when creating his User Account. The creation of a User Account implies the full and complete adhesion of the User to the Contract.

If the User does not agree with all or part of the TU, he must not use the Services. The CU are applicable from their acceptance by the User for an indefinite period until the termination of the Contract for Users with a User Account.

Use of the Services is reserved for Users who are natural persons over fifteen (15) years of age capable of entering into obligations in accordance with French and European law.

Creation of a User Account.

In order to benefit from the Online Appointment Booking Services, the User must create an online User Account. When creating his User Account, the User undertakes to provide exact and complete information on his identity as requested in the online form. In particular, he undertakes not to create a false identity likely to mislead YourDoc, the Health Actors or third parties and not to usurp the identity of another person. The User undertakes to immediately update, in the event of any modification, the data that he communicated during his first connection to his User Account.

Given the nature of the Services provided, YourDoc reserves the right to verify and / or have verified, by a specialized third-party service provider, the identity of the User, in particular by asking him to send a copy of his card. identity.After the validation of the CU and the creation of his User Account, the User receives a confirmation email by electronic means to the address he has provided. It is the User's responsibility to verify that the email address entered is correct when creating their Account.

In the event that the User provides false, inaccurate, obsolete, incomplete or misleading information, YourDoc may, immediately without notice or compensation, suspend access to the User Account and deny it access, temporarily or permanently to all or part of the Services.

Technical Specificities for Accessing Services.

The User Account includes in particular the Identifiers entrusted by YourDoc. 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 YourDoc, which will then proceed to the immediate cancellation and / or update of the Identifier concerned.

The User is solely responsible for the use made of his Identifiers, in particular if he pre-registers his Identifier on a device, thus allowing automatic connection to the Services.

Any access, use of the Services and transmission of data made from the User Account will be considered as having been carried out by the User. In this regard, 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 that User. In all the cases mentioned above, the User is required to notify YourDoc, without delay, by electronic message, specifying his Identifiers, last name, first names to the following address: Info@YourDoc.fr , so that YourDoc can reset the User Account.

Emails Addressed to the User.

By making an Online Appointment Booking, the User requests and therefore authorizes the Health Provider, via YourDoc, to send him emails confirming, canceling or reminding appointments and any type of information relating to the appointments he made, in particular on the YourDoc Platform.

In addition, the User acknowledges and consents to any Health Actor forming part of his care team, via YourDoc, sending him emails concerning his organization.

These SMS / emails are sent by YourDoc on behalf of the Health Actor with whom the User has made an appointment via the YourDoc Platform or by another means, independent of YourDoc. YourDoc declines all responsibility in the event of non-receipt of an email for technical reasons beyond its control.

The User can oppose the sending of emails. For this, he must make a request to the Health Actor with whom he has made an appointment. The Health Actor is solely responsible for deactivating the sending of the email if the Patient objects to it.

YourDoc and the Health Actor decline all responsibility in the event of an error in the entry of contact details by the User making it impossible to send any e-mail necessary for the proper functioning and administration of the Appointment Service. online.

Yourdoc's Obligations, Responsibilities and Guarantees.

YourDoc sets up the means and measures necessary for the smooth running and maintenance of the continuity and quality of the Services.

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

The User acknowledges that YourDoc cannot be held responsible for an interruption of Services or a delay in execution that is beyond its control and, in particular, that the provision of the Services depends on the reliability, availability and the continuity of the connections of a certain number of third parties (operators of the telecommunications network, the public Internet, User Equipment, etc.) as well as the accuracy and integrity of User Data. YourDoc may have to suspend the Services for scheduled maintenance purposes by YourDoc or one of its subcontractors.

It is understood between the Parties that YourDoc can in no way be held responsible for repairing any indirect damage suffered by Users during the use of the Services.

In addition, YourDoc cannot be held liable for acts resulting from an act or negligence by the User or which do not comply with the regulations applicable to the Contract. YourDoc declines all responsibility in the event of a dispute, whatever the cause, between a User and a Healthcare Provider, not attributable to YourDoc.

Finally, when YourDoc provides details on its Site concerning the fees of a Healthcare Actor, this information is provided for guidance only and for convenience. Under no circumstances does YourDoc guarantee the accuracy of such information. The final price of the care service may vary according to the type of consultation actually carried out and this, in accordance with the care agreements in force at the Health Actor. It is up to this Health Actor to inform the Patient of the cost of this act or treatment.

General Obligations of the User.

The User undertakes to:

(i) comply with the terms of the Contract;

(ii) to make available to YourDoc, without this being restrictive, all supporting documents enabling the User Data to be certified;

(iii) communicate to YourDoc, within the agreed time limits, all the information necessary for the provision of the Services and update the User Data in writing. The User is solely responsible for the consequences linked to a defect or a delay in updating said Data;

(iv) verify that the Equipment necessary for the use of the Services and used conforms to the technical requirements communicated to it; The supply, installation and maintenance of the Equipment as well as electronic communications costs (such as telephone costs and Internet access costs) resulting from their use are the sole responsibility of the User. It is the User's responsibility to inquire about the price for using said Equipment and services from the operators concerned;

(v) guard against the risk of loss or piracy of data, files and programs by using regularly updated antivirus software;

(vi) restrict access and observe the utmost confidentiality with regard to the modes of access to the Services, whatever they may be, and in general, secure these modes of access in order to prevent unauthorized use. authorized Services;

(vii) use the Services in compliance with the laws and regulations applicable to the contract;

(viii) not to use the Services in a way that would be liable to harm the reputation of YourDoc and / or the Health Actors;

(ix) that the User Data that it communicates in the context of the use of the Services does not prejudice the rights of third parties and to be authorized to disseminate them.

(x) use the Platform and the Services only for private purposes. The Services cannot be used for commercial or profit-making purposes.

Elsewhere, the User:

(a) is responsible for (i) the use he makes or that his relatives make of the Services, (ii) the User Data that he provides on the Platform and (iii) the use of these by YourDoc and / or the Health Actors;

(b) indemnify YourDoc, its representatives from all costs (including legal fees, costs and expenses) and damages related to claims and legal actions relating to (i) the use of the Services by the User and / or its Relatives in an illegal, immoral, fraudulent manner, or out of Contract; (ii) the User Data that it provides and their use by YourDoc and / or the Health Actors and their Assistants; (iii) the violation of Intellectual Property rights of YourDoc as well as of any third party, due to the use of the Services by the User.

Online Appointment Service.

The User can, at any time, make an online appointment with a Health Actor - YourDoc Subscriber, for himself, for a consultation at the home office, at a time indicated as available by the Actor of Health on the YourDoc Platform and that the User will have previously identified through the Directory Service. Each appointment is transmitted in real time to the Health Actor, who, if necessary, can postpone or even delete the appointment in his diary. In this case, the User is immediately informed by email.

The User can also (i) manage his appointments and those of his Relatives (cancellation, modification) and (ii) follow the history of his appointments.

It is up to the User to make any checks that appear necessary or appropriate before making any reservation with one of the Health Actors registered on the Platform.

The use of the Services does not dilute, modify or attenuate, either directly or indirectly, the responsibility and obligations of the Health Actors registered on the YourDoc Platform vis-à-vis Users. The Health Actors exercise their professional practice in complete independence, in accordance with their ethical, legal and regulatory obligations and under their exclusive responsibility.

YourDoc is in no way responsible for any cancellation or unavailability of the Health Actor following the scheduling of an appointment by the User via the Online Appointment Service. The User undertakes to complete all the necessary Data requested of him for the proper use of the Online Appointment Service.

The User is informed that the scheduling of an appointment via the Online Appointment Booking Service constitutes a firm commitment on his part, and that any no-show at a scheduled appointment must be made. subject to prior cancellation or postponement information to the relevant Healthcare Provider. This information can be provided either via the cancellation system offered via the YourDoc Platform, or by any other means of contact of the Health Actor. The User acknowledges being informed that he exclusively assumes the consequences of his non-presentation at an appointment vis-à-vis the Health Provider concerned.

The User is also informed that the Health Actor has the option of blocking the User's online appointment setting from the second appointment not honored. If the Healthcare Provider decides to block online appointment booking, the User will no longer be able to book an online appointment with this Healthcare Provider for a maximum period of three (3) years or until that the concerned health actor unblocks his possibility of making an appointment online. The Healthcare Provider is solely responsible for his decision to block the appointment of a patient. YourDoc declines any responsibility in the event of a dispute relating to the blocking of the online appointment booking of a patient by a healthcare provider.

Intellectual Property.

The YourDoc Services and all the elements that compose them are, unless otherwise specified, the exclusive property of YourDoc.

No provision of the Contract may be interpreted as an assignment of Intellectual Property rights.

YourDoc grants the User, for the duration of the Contract, a personal, non-exclusive, non-assignable and non-transferable right of use of the YourDoc Platform. The User undertakes not to (i) attempt to access or copy the source codes of the YourDoc Platform; (ii) use the YourDoc Platform for purposes other than those of using the Services; (iii) create copies of the YourDoc Platform; (iv) reproduce, correct, extract, modify, translate into any language or any language, reuse, arrange, adapt, decompile (except and to the extent that applicable law expressly authorizes it), nor incorporate the YourDoc Platform in another software or create derivative works on the basis of the YourDoc Platform whatever the means and medium; (v) resell, rent, or commercially exploit the YourDoc Platform, nor assign / grant the YourDoc Platform to a third party; (vi) carry out penetration tests or attempt to obtain a denial of service on the Services.

The User acknowledges that any violation of this article constitutes an act of infringement, civilly and criminally punishable.

Suspension.

- Suspension with notice

In the event of (i) non-compliance by the User with the provisions of the Contract or (ii) behavior of the User likely to be prejudicial to YourDoc and / or to a Health Actor and / or to other Users, or (iii) violation of the laws and regulations in force, YourDoc will give notice to the User upon notification sent by any means, to remedy the fault (s) attributed within seven (7) days following the date of notification before proceeding as of right to the suspension or limitation of the User's access to all or part of the Services.

- Suspension without notice

In the event of a serious danger - suspected or proven - for (i) a Healthcare Provider and / or a Patient, or (ii) the reputation of YourDoc or a Healthcare Provider, YourDoc may suspend or limit access to the '' User to all or part of the Services without notice. The User will be informed of this suspension by any means.

YourDoc will unilaterally decide on the follow-up to be given to the suspension of the Contract.

- Consequences of the suspension

During the period of suspension of his access to the Services, the User may exercise his rights over his Personal Data, in accordance with the “User Rights” article of the Personal Data Protection Policy.

YourDoc will not be liable for any damages resulting from the suspension of the Services under this article.

Termination.

Termination by YourDoc

The User acknowledges being informed that all or part of the Services may be terminated by YourDoc, without the latter having to justify its decision and without compensation. In this context, the User is informed that YourDoc must respect a notice of one (1) month.

Furthermore, in the event of serious misconduct on the part of the User, such as the use of one or more Services (a) contrary to the provisions of the Contract, (b) contrary to laws and regulations (c), liable to prejudice the reputation of YourDoc or a Health Actor, or the physical or mental integrity of another User, YourDoc may terminate, by any means, all or part of the Services with a notice of seven (7) days from the effective suspension without compensation.

Termination by the User

The User can terminate the Contract at any time by requesting the deletion of his User Account at support@YourDoc.com or by logging in to his User Account (“My account” section).

In accordance with his right to portability of Personal Data, the User may retrieve them in CSV or Excel format before any deletion of his User Account. The User acknowledges having all the rights and / or authorizations necessary to be able to recover the aforementioned data.

Consequences of termination

Any termination of the Contract by YourDoc or the User automatically entails (i) the end of the User's right of access to the Services, (ii) the deletion or anonymization of all User Data as well as all Medical Documents , contained in the User Account.

YourDoc is nevertheless authorized to keep a copy of the Confidential Information for all purposes imposed by applicable law.

Protection of Personal Data.

ThePersonal data protection policy available on YourDoc.fr describes the respective roles and obligations of the User and YourDoc regarding the processing of Personal Data in the context of the performance of the Services. By accepting these CU, the User and YourDoc undertake to respect the terms and conditions of the said Agreement.

Cookies.

YourDoc expressly invites the User to consult his Cookies policy which is an integral part of these TOS.

Data Transfer to the Application.

The User expressly authorizes YourDoc to proceed to the transfer to the YourDoc Platform of any User Data, necessary for a perfect use of the Services provided by YourDoc.

Various.

15.1 Waiver: the fact, for one or the other of the Parties, of not availing itself of one or more stipulations of the Contract may in no case imply the renunciation by this Party to invoke it subsequently.

15.2 Partial nullity: in the event that certain provisions of the Contract are inapplicable for any reason whatsoever, including due to an applicable law or regulation, YourDoc and the User will remain bound by the other provisions of the Contract and will endeavor to remedy the inapplicable clauses in the same spirit as that which presided during the conclusion.

15.3 Modifications of the CU: The User acknowledges and accepts that the authentic version of the CU is the one found online when accessing the Site and / or using the Services. The User is therefore required to refer to the version of the CU online on the date of his access and the use concerned.

YourDoc is free to modify these T & Cs at any time, in particular in order to take into account any modification of the Site, the Platform and / or its Services as well as any legal, regulatory, jurisprudential and / or technical development or constraint. In the event of significant modification (s) made to the Site, the Platform, the Services and / or their terms and conditions of access and use, YourDoc will inform the User by any means and with prior notice. reasonable.

15.4 Technical support and assistance: YourDoc makes a telephone assistance service available to the User according to schedules. These times are subject to change in exceptional circumstances.

15.5 Beta Version: YourDoc may offer the User to try the beta versions of certain Services. These beta services are provided for evaluation purposes only and may not be used in a production environment. The User acknowledges that these beta services may contain bugs, errors and other problems and accepts them "as is", without warranty of any kind. YourDoc (i) is not responsible for problems related to the use of beta services by the User; (ii) may discontinue use; (iii) may delete all data contained in such beta versions without liability.

15.6 Test: access to the Services in test mode is subject to the prior acceptance by the User of these Terms of Use. Trial services are also provided "as is" without support or any express or implied warranty of any kind.

Legal Notice.

The certification from which these hosts benefit is an HDS certification (Approved Hosting of Health Data) validated by the Ministry in charge of Health (and its agency in charge of information systems, the Digital Health Agency) and the National Commission for Information Technology and Freedoms (CNIL). Health data cannot be sold or transferred to third parties for commercial or advertising purposes..

The service hosts are HDS (Health Data Hosting) certified, in accordance with Article L1111-8 of the Public Health Code and Decree No. 2018-137 of February 26, 2018 relating to the hosting of health data at personal character. Their names can be given on request to info@YourDoc.fr.

Friendly Settlement - Applicable Law and Attribution of Jurisdiction.

The User is informed that the Site is intended for patients residing in France and is subject to French law. Also, by browsing the Site or using YourDoc's Services, the User submits to French law.

Before any legal action, YourDoc and the User will seek, in good faith, to amicably settle their disputes relating to the validity, interpretation, execution or non-execution, interruption, termination or denunciation. of these Terms of Use for a few reasons and on any basis whatsoever. YourDoc and the User must meet in order to compare their points of view and make any useful observations to enable them to find a solution to the conflict between them.

YourDoc and the User will endeavor to find an amicable agreement within thirty (30) days of notification by one of them of the need for an amicable agreement, by registered letter with acknowledgment of receipt. . Except to preserve their right of action or to avoid imminent damage, no legal action will be admissible before this procedure for the amicable settlement of disputes has been fully complied with.

Any difficulties relating to the validity, application or interpretation of the Contract will be submitted, in the absence of an amicable agreement, to the jurisdiction of the competent courts in accordance with French law.