The use of the Website and Services implies that the user has read and accepted our Terms and Conditions.
1. LEGAL DISCLAIMER
Telemedicine organization :
TelMed Services, a joint-stock company (SA)company with capital of 100,00 € whose head office is located at 20bis rue Louis Philippe, 92200 Neuilly sur Seine and duly registered under the number 833 697 030 in the Nanterre Trade and Companies Registry.
Represented by Florian Reinaud, President,
Website publisher :
CONCILIO « The Information Company », a simplified joint-stock company (SAS) with capital of 1 835,21€ whose head office is located at 20bis rue Louis Philippe, 92200 Neuilly sur Seine and duly registered under the number 814 428 298 in the Nanterre Trade and Companies Registry.
Mail : contact@concilio.com
Website publication director : Dr. Florian Reinaud
Website editorial director : Dr. Florian Reinaud
HOSTING / TECHNICAL PROVIDER :
ATE, a simplified joint-stock company (SAS) with capital of 60,000 euros, whose head office is located at 21 avenue de la créativité, 59650 Villeneuve d’Ascq, registered under the number 347 607 764 in the Lille Trade and Companies Registry.
Phone: +33 (0)3 28 800 300
Mail : contact@ate.info
2. PURPOSE AND DEFINITIONS
Our Terms and Conditions govern the user’s use of CONCILIO services by telephone, by smartphone applications and by the website. The purpose of our Terms and Conditions is to define the rights and obligations of the Users and the Publisher of the Services.
The terms hereafter are deemed to have the content and scope of their definition for the purpose of entering into and implementing the present Terms and Conditions.
3. CONTRACTUAL DOCUMENTS
These « TCS » constitute the entire agreement between the User and the Publisher for the use of the Services and Contents.
If a provision of these TCS is found to be invalid by a court of competent jurisdiction, the invalidation of that provision shall not affect the validity of the remaining provisions of these Terms and Conditions.
No waiver of any of the provisions of these TCS shall constitute a definitive waiver of the provision or of any other provisions of these TCS.
4. ENTRY INTO FORCE
These TCS enter into force for the Users on the day of their acceptance:
Evidence of consent is manifested either by activating a checkbox on the Website or by activating the voice service via the Telephone Service, in both cases associated with proof of agreement as defined by these TCS at the moment of creating the Personal Account.
The TCS remain in force for the entire duration of the User’s subscriber registration.
Cessation of registration shall apply, under the conditions described in these TCS, either on the day of the User’s unsubscribe request, or on the day of the termination of the User’s subscriber registration by the Publisher.
5. PRESENTATION OF SERVICES AND CONTENTS
CONCILIO provides its Services either via our Website or our Telephone Service. Services are available through various sections described hereafter and associated with certain cautions.
General cautions : we draw the user’s attention to the fact that the Personal Account will contain information relative to his/her own personal health. Given the confidentiality of such information, the user should restrict third-party access to his/her Personal Account via the Website.
The user is responsible for utilizing the appropriate safeguards to ensure protection of access to his/her Personal Account via the Website.
The user acknowledges that any use he/she makes of the information and services available on the Website is done solely under his/her control, management, and responsibility.
The Website shall not be deemed to replace in whole or in part the support, personalized information, and advice given by the relevant healthcare professionals in charge of user monitoring and referral in accordance with their professional, legal, and ethical obligations.
Furthermore, the Website and Telephone Service are not intended to provide access to services acting on behalf of, or in place of the user in respect of treatment or healthcare.
The Website and Telephone Service in no case allow a diagnosis, the provision of telemedicine services (except in the case of the Teleconsultation Service operated by the Telemedecine Organization), patient medical care in general, and monitoring of emergency situations.
The sole purpose of the Website and Telephone Service, other than providing healthcare information, is to enable the User to use a range of services associated with arranging medical appointments.
6. SERVICES / SECTIONS AND ASSOCIATED SAFEGUARDS
The purpose of this article is to identify and describe safeguards relative to various sections and functions associated with the Services and Contents, namely:
The « City Guide » is an information service which provides the User access to a list of general practitioners and specialists in different fields, as well as to dentists and adult and pediatric emergency services.
The service includes a function for locating these healthcare professionals and emergency services.
Other than in exceptional cases (rare pathologies, lack of doctors in near proximity, etc), we will recommend the User a selection of at least three healthcare practitioners in the relevant field of illness in accordance with the criteria specified by the User:
The User has access via the Website or the Telephone Service to an information sheet concerning each healthcare practitioner recommended in accordance with the User’s selection criteria.
The Service provides the User with assistance in obtaining an appointment, on a timely basis, with the doctor of his/her choice from the list of recommended contacts submitted to him/her in accordance with his/her selection criteria.
Caution: the medical appointment is carried out under the sole and exclusive responsibility of the healthcare practitioner chosen by the user.
The healthcare practitioner chosen by the user remains fully and solely liable for the medical acts and decisions falling within his/her professional remit in accordance with the legal, regulatory, and ethical obligations governing the rules of practice of the profession.
Concilio reserves the right, with the consent of the user, to request a letter of referral from the User’s general practitioner for the specialist practitioner in view of facilitating the provision of service.
Health information about pathologies and therapeutic approaches is made available to the User in several languages.
The information is provided in the form of Fact Sheets, developed either by CONCILIO or in association with medical publishers, available via the Website.
The Website Contents provide information about the current state of scientific and medical knowledge.
Caution : in general, the information provided tends to be scientifically correct at the time of publication, as well as reliable and relevant.
However, in light of the evolution of scientific and medical knowledge, users are informed that the information available on the website is neither complete nor exhaustive and may not be systematically up-to-dated.
Although the utmost care and attention is given to providing accurate information, the Publisher disclaims liability in regard to mistakes or omissions in the information available on the website. The Publisher cannot be held responsible for any interpretations of the information on the website, nor for consequences resulting from use of the information.
The user acknowledges that the website contents do not constitute, either directly or indirectly, a medical consultation, which should not be neglected in any event. The information is merely indicative and not personalized to reflect the state of health of the user. Under no circumstances can the information be deemed to replace the overall, personalized healthcare provided by a medical practitioner. S/he bears sole responsibility for the use of the information available on the website and for any decision or action taken based on such information.
The Service offers the User assistance, on a voluntary basis, for the preparation of the consultation with the chosen healthcare practitioner. Such preparation is available before and/or after the consultation.
Before the consultation with the chosen healthcare practitioner, the User can receive assistance via the Telephone Service in a telephone interview with a medical expert in the relevant field. The purpose of the telephone interview is to prepare the forthcoming consultation and list the important questions to be raised during the consultation.
After the consultation with the chosen healthcare practitioner, the User can enjoy another telephone interview with a medical expert in the relevant field via the Telephone Service. The purpose of this new interview is to ask questions to ensure that s/he understood correctly the information and explanations received during the consultation.
Caution: the user acknowledges that the Telephone Service in no way constitutes a medical teleconsultation and cannot be deemed a substitute for the consultation with the chosen healthcare practitioner as part of Concilio’s service.
Telephone exchanges with a Concilio doctor via the Telephone Service cannot be deemed to constitute a diagnosis, re-assess an existing diagnosis, or establish a prescription. They are neither a consultation nor a second opinion. Their sole purpose is to enable the user to obtain additional health information.
Concilio reserves the right to request a copy of the referral letter from the user’s general practitioner to the specialist practitioner with a view to facilitate the provision of service.
THE TELECONSULTATION SERVICE DOES NOT AIM TO REPLACE THE USER’S REGISTERED DOCTOR AND IS ONLY OFFERED AS A COMPLEMENT TO THE CARE PROVIDED BY THE REGISTERED DOCTOR.
THE TELECONSULTATION SERVICE CAN IN NO WAY PROVIDE DIAGNOSIS, TREATMENT OR FOLLOW-UP OF MEDICAL EMERGENCIES. IN CASE OF EMERGENCY THE USER MUST CONTACT EMERGENCY SERVICES BY DIALING 112 (EUROPEAN EMERGENCY SERVICES NUMBER) OR 15 (IN FRANCE).
The User is informed that the delivery of the Teleconsultation Service is subject to the independent professional judgement of the Doctor providing the Service, and that the latter can refuse to deliver the Teleconsultation Service if it is in the User’s best medical interest, for example when a mhysicial examination or further medical tests are necessary.
The User is informed and accepts that the Teleconsultation Service does not allow for the following medical acts :
The User is informed that, under exceptional circumstances, the Doctors delivering the Teleconsultation Service may not be available at certain times and that these times will be communicated to the User.
Under no circumstances can CONCILIO be held responsible for not providing one of the acts listed above. /p>
When he / she signs up on the Website, the User is invited to give his express consent, having been informed of the TCS (https://www.concilio.com/en/consent/), specifically regarding:
A data upload function is available to Users from a secure space within their Personal Account. The User can thereby upload documents containing medical information for the Doctors delivering the Teleconsultation Service.
When using this data upload function, the User undertakes to take all necessary precautions on his or her part to preserve the confidentiality of the uploaded data.
The Teleconsultation Service allows the Doctor delivering the Service to prescribe drugs or tests, according to his or her independent judgement and in accordance with his or her professional and ethical obligations.
An electronic prescription will be available to the User from within his secure personal account.
The Doctors delivering the Teleconsultation Service are subject to all of the rules and obligations of their profession, as defined by the Code of medical ethics applicable to them and regulated by the relevant professional medical body.
The Doctors are subject to maintaining confidentiality of all medical and personal data relating to the User.
As the entity responsible for the handling and treatment of medical data, the Telemedicine Organization has put in place and deployed all security measures in accordance with current legal and regulatory obligations in order to protect the personal medical data of its Users.
In particular, the telemedicine Organization undertakes to implement and respect the obligations contained within the “Loi Informatique et Libertés et du Règlement 2016/679 » dated 27 April 2016 pertaining to personal information « General regulation on data protection » ;
The DPO of the telemedicine Organization can be contacted on : droit_acces@concilio.com . The User can contact the DPO for any question pertaining to his personal data.
The telemedicine Organization applies all necessary safeguards in order to guarantee the safety and protection of personal data, in particular regarding unauthorized access by a third party.
The Telemedicine Organization undertakes to provide all necessary means to deliver the Teleconsultation Service, and to respect all applicable legal dispositions, specifically, article L. 6316-1 of the Public Health Code, and of the Decree published on October 19th, 2010 relating to telemedicine, and in general to comply with all applicable dispositions of the Public Health Code and Ethical Codes applicable to Doctors.
Doctors are personally and exclusively responsible for the medical acts which they undertake in the delivery of the Teleconsultation Service.
7. OFFERS
User access to the Services operates subject to the terms of an offer either subscribed to by the User or of which he is a beneficiary.
When a User personally subscribes to an offer, s/he approves in advance the terms and conditions of the Service subscription.
8. CONDITIONS OF ACCESS AND USE OF THE SERVICES
The Services and Contents are exclusively for natural persons over the age of 18 (adults or legal representatives of minors). The User declares and warrants that s/he is over 18 years of age.
Absent the technical possibility for authenticating the age of Users, it is the responsibility of each User to implement the on-line security measures providing protection and restriction of access by minors to the Personal Account and Services.
The Users are not authorized to use the Services and Contents for other purposes than those as defined in these « TCS », this includes attempts to attract customers, promote products or services, promote a healthcare institution, and more generally for any advertising or promotional purpose.
The Services and Contents are for the personal use of the Users and may not be used for the benefit of a company or any other entity. Commercial companies and, more generally, any entity or body cannot become Users or must not use the Services without the express authorization of the Publisher.
Any fraudulent use of the Publisher’s rights may result in the prosecution of the User. The User acknowledges that s/he has access to Services with secure access methods. S/he undertakes not to communicate his or her authentication elements to a third party.
The User recognizes and accepts that the full amount of internet connection costs and telephone costs remain his/her responsibility.
The User is informed that access to his/her secure account and the various Contents and Services is contingent on the creation of a Personal Account.
The creation of a Personal Account providing access to the Website and Telephone Service is free for Users with a subscription or beneficiaries of an offer.
The User must provide the following information for the creation of a Personal Account:
Via the Website:
More generally, when creating a Personal Account, the User undertakes to provide any personal information for authentication purposes under his/her sole responsibility, control, and direction, and further undertakes to provide complete, accurate, and current information, and not use the identity of a third party.
In the event that the User should provide false, inaccurate, misleading information, the Publisher reserves the right to suspend or refuse access, temporarily or permanently, to all or part of the Services and Contents without prior notice or compensation.
The User is hereby informed that no personal health information is collected for the creation of a Personal Account, nor will such information be requested or required for the purposes of creating the account.
In addition, access to the Services is only available upon completion of a procedure that ensures acceptance of the « TCS ».
Additionally, the User is informed and agrees that access to the Contents and Services implies, directly and indirectly, the collection and processing of his/her personal health information. For this reason, when using the Service for the first time, the User is invited to:
The User gives his/her consent by activating the checkbox or by an OTP SMS or voice activation, in both cases associated with a proof of identity protocol as defined in these TCS for first-time access to the Service.
The User uses his/her personal identifiers to connect to his/her Personal Account via the Website or via the Telephone Service. The identification of the User, in the context of accessing his/her Personal Account, implies the irrefutable accountability of the User for all operations undertaken with his/her personal identifiers in accordance with the conditions set out in the article entitled « Agreement on proof » in these TCS.
In other words, any operation undertaken by the User via his/her Personal Account with his/her personal identifiers, is deemed to have been effected by the User under his/her sole responsibility.
In this regard, the User undertakes to maintain confidential his/her identifiers on the understanding that the Publisher cannot be held responsible for any loss or damage arising from the User’s failure to meet this requirement, in as much as the User is responsible for his/her use of the abovementioned elements.
Furthermore, at any time the User can instruct the Publisher to change his/her identifiers, especially if it is suspected that an unauthorized third party may be using his/her login or password.
9. DUTIES AND RESPONSIBILITY OF THE USERS
The Publisher grants the Users the right to view, download, and print the Contents of the Website strictly for personal and non-commercial use for as long as the Website remains accessible on line.
Users agree to use the Services:
In observance of the law, regulations, and rights of third parties, in particular intellectual property rights and the rights to an image ;
Properly and in accordance with it intended purpose.
Further, it is the responsibility of the Users:
In the event of non-compliance with any or all the provisions of these TCS, the User may be temporarily or permanently denied access to his/her Personal Account unilaterally, fully and without notice.
10. INTELLECTUAL PROPERTY
Any use, reproduction, copying or distribution of one or more elements of the Services and Contents for any use other than private use is strictly forbidden.
All of the Services and Contents, including but not limited to, the domain name, texts, house style and graphic charter, graphs and diagrams, photography, drawings, sounds, images, audio and video clips, as well as the functionalities, structure, site plan, conception and organization of existing or future sections and headings, are covered by intellectual property rights, held or claimed by the Publisher, with the authorization of the holders of these rights.
The Contents and Services are exclusively intended for the personal information and use of the User for his/her private, non-collective, non-exclusive use.
All reproductions, representations and uses other than those listed above are forbidden without the prior and express authorization of the Publisher, including:
The User’s failure to meet these requirements constitutes an infringement under Articles L.335-2 and following of the Intellectual Property Code.
Pursuant to the provisions of the Law Nr. 98-536 dated July 1, 1998 transposing into the code of intellectual property the EU Directive 96/9 dated March 11, 1996 relative to the protection of data bases, the Publisher is the producer and owner of all or part of the databases, their structure and their contents, constituting the Services.
With access to the Services, the User acknowledges that the available data bases are legally protected. Pursuant to the provisions of the aforementioned law dated July 1, 1998, the User is strictly forbidden from extracting, reusing, storing, reproducing, representing or keeping, directly or indirectly, in any medium whatsoever, by any means in any form whatsoever, all or any qualitatively or quantitatively substantial part of the contents of the data bases featured on the Website or provided via the Telephone Service, as well as extracting or re-using in a repeated and systematic manner qualitatively or quantitatively non-substantial parts thereof, when such operations go manifestly beyond the normal conditions of use.
Unless otherwise specified, all trademarks used on the Website are the property of the Publisher, or are used by the Publisher with the consent of the holders of the rights.
Any reproduction, whole or in part, and use of these trademarks, figurative or otherwise, belonging to the Publisher, can subject the User to legal prosecution.
11. HYPERTEXT LINKS
The Publisher neither checks nor selects the contents and websites that may have hypertext links to the Website. The Publisher cannot be held responsible for the contents of websites accessible through these links.
The existence of such links in no way implies that the Publisher agrees with or endorses their contents. Nor does it imply that the Publisher any responsibility whatsoever for the content and use of these third-party websites.
These links are provided by the Publisher for information only. No effort is made to select, qualify, or certify the websites concerned.
Users access third-party websites under their own responsibility, even when the links are offered on the Website
The creation of a hypertext link towards the Website requires the prior and express authorization of the Publisher who can be contacted at the following email address: contact@concilio.com
12. PROTECTION OF PERSONAL INFORMATION
CONCILIO is the legal data controller under the terms of the French Data Protection Act (Loi Informatique et Libertés). As such it is responsible for processing the User’s personal information collected when the User accesses the Website and uses the Contents and Services. A declaration receipt, registered under number 1930350 dated 24 February 2016, has been duly issued by the French national authority CNIL to this effect.
The User is hereby informed that his/her personal information (including administrative and healthcare information) shall be collected and processed in the course of his/her use of the Services and Contents (the medical specialities consulted, the information sheets associated with the User’s illness, etc.). No health care information whatsoever is required for the creation of a Personal Account.
Data may also be used for purposes of statistical analysis; if so, the data will be appropriately anonymized so as not to allow user identification.
Under the terms of the information notice and consent form, the User is informed of and gives his/her consent to, by checking a box (on the Website) or by voice activitation of OTP SMS (through the Telephone Service), the collection and processing of his/her health information when creating a Personal Account.
The User’s personal information are strictly intended for:
The Data Controller warrants that the User’s personal information will not be transmitted to an unauthorized third party without his/her authorization.
In accordance with the French Data Protection Act (Loi Informatique et Libertés), the User has the right to access, correct, oppose, and delete any personal information held on his/her behalf. The User may do so by contacting the « department in charge of handling applications to exercise rights » of the Data Controller/certified host provider at the following email address: droit_acces@concilio.com
The Data Controller takes the appropriate security measures to guarantee the protection and security of User information, in particular to protect against unauthorized third-party access.
13. COOKIES
The Website is designed to be particularly responsive to User needs. For this reason cookies are used.
A cookie is a small alphanumerical file placed in the user’s computer terminal when the user connects to the Website.
The sole reasons for using cookies on the Website are:
– To enable to the User’s navigation around the Website so as to use its various functionalities (for example, timeout management);
– To compile statistical information on Website traffic patterns
As such, for audience measurement cookies, the purpose of which is not to enable or facilitate navigation and which therefore are not strictly essential for the provision of Contents and functionalities, an information scroll banner appears when the User connects to the Website to inform the User in advance that cookies will be dropped. At his/her request, the User is informed about:
(1) the specific purposes for which cookies are used;
(2) his/her right to block cookies and change his/her preferences (internal settings, tracking refusal, navigator settings)
(3) the fact that continuation of navigation in the Website implies the User’s acceptance of cookies on his/her device.
The cookies used on the Website do not enable the personal identification of the User, even indirectly. However, they do make it possible to record information relative to the User’s navigation within the Website. The Publisher will be able to read this information when the User returns to the Website at a later occasion.
Any information collected by means of cookies is for the Publisher’s exclusive use. No information will be passed on to a third party.
Concerning the management of cookies and the setting of preferences, several options are available to the User.
The User is informed that any changes s/he makes to the settings may affect his/her internet navigation, as well as his/her access to certain Services requiring the use of cookies. The User’s attention is drawn to the fact that certain functionalities required for navigation on the Website and App may be adversely affected by the User’s changes to settings (display problems…).
In the event, the Publisher will not be held responsible for any malfunctions experienced.
The User has the option at all times to set or reset his/her preferences in regard to cookies. This can be done by configuring his/her browser in such a manner that cookies are either allowed and saved on his/her terminal or, on the contrary, are blocked, either systematically or depending on the issuer.
The User also has the option of configuring his/her browser in such a manner that his/her acceptance or refusal of cookies before a cookie is dropped and saved on his/her computer terminal.
The management of cookies and available options differs from browser to browser. The policy is described in the help menu of the User’s browser, such that the User can find out how to set his/her preferences in regard to cookies.
For Internet Explorer™ 7 et 8 : http://windows.microsoft.com/fr-FR/windows-vista/Block-or-allow-cookies
For Internet Explorer™ 9 : http://windows.microsoft.com/fr-fr/windows7/how-to-manage-cookies-in-internet-explorer-9
For Safari™ : http://support.apple.com/kb/PH5042
For Chrome™ (version 30 and above) : http://support.google.com/chrome/bin/answer.py?hl=fr&hlrm=en&answer=95647
For Firefox™ (version 24 and above) : https://support.mozilla.org/en-US/kb/enable-and-disable-cookies-website-preferences
14. LIMITATION OF LIABILITY
The Publisher will do his best to ensure the proper functioning and security of the Services, as well as the completeness and accuracy of the information available.
Although the Publisher takes every effort to provide Users with available and verified information and tools, he cannot guarantee the accuracy, precision, and completeness of information provided to the User via the Services, nor the continuous proper functioning and complete IT security.
The Publisher cannot be liable for any errors, any unavailable information, the presence of viruses in the Services.
The Publisher reserves the right at any time to modify and/or discontinue temporarily or permanently, all or part of the Services, without informing the Users beforehand. The Publisher shall not be liable for any modification, suspension, or interruption of the Services.
The User accepts sole responsibility for the use of the Services and all Contents, as well as for any decisions or actions taken based on the Services provided.
The User is duly informed that the Contents and Services are strictly indicative and cannot be deemed to substitute for a medical consultation or a clinical examination.
Consequently, the User accepts that the Publisher cannot be held liable for any material or immaterial damage, direct or indirect, whatever may be the causes thereof (including damage that might be cause by the spread of a virus, computer fraud, or arising from the restrictions and limits of the internet network), nor from consequences resulting from:
Thus, the Publisher shall not be liable in the event that the Services and Contents are unavailable as a result of events outside his control (« force majeure», including any action, event, non-fulfilment, omission, or accident outside the control of CONCILIO).
The performance of these TCS shall be suspended for the duration of the « force majeure ». The Publisher will do his best to put an end to the « force majeure » and find a solution enabling him to fulfill his contractual obligations in spite of the « force majeure ».
15. SECURITY
Concilio takes the security of your account seriously. Users are invited to :
In particular, the User is expected to take all the necessary precautions to protect his or her personal information and computer information from virus attacks or other forms of threats that may possibly be circulating on the Website.
Users are advised that technical interventions on the Website and the Telephone Service are conducted in compliance with the provisions of the French Data Protection Act (Loi Informatique et Libertés).
Users recognize the risks inherent in the use of telecommunication technologies, even with the existence of secure access procedures as is the case with our Services. Such risks include :
In any event, the Publisher shall not be held responsible for these risks and any consequences that may be detrimental, to whatever extent, for the User.
The Publisher will make its best efforts to make the Services available in the manner hereinafter set out :
but the Publisher shall incur no liability by reason of these dispositions.
16. AMENDMENTS
The Publisher reserves the right to modify these TCS or the rules concerning the use of the Services. Each new version of these TCS will be put online on the Website. It is the responsibility of each User to consult these TCS regularly. Continued use of the Website following amendment(s) to the TCS means the User accepts the said amendment(s).
Furthermore, the Publisher also reserves the right to develop the Services and Contents at any time. Technical changes may be made by the Publisher without notice. In addition, the Publisher reserves the right to suspend temporarily or permanently access to the Services without prior notice or compensation of any kind.
Users accept the right of the Publisher to suspend or terminate access to his or her Personal Account without prior notice, official notification or compensation of any kind in the event of failure to perform any of the obligations described in these TCS or breach of the legislation in force.
Without limiting the foregoing, the following acts may bring about the termination of the User’s enrollment:
By virtue of the French Data Protection Act (Loi Informatique et Libertés) the User has the right to request the modification or deletion of his or her personal information. The User also has the right to close his or her User Account at any time by sending an email to droit_acces@concilio.com or by contacting the Telephone Service.
The User is hereby informed that the closure of his or her Personal Account will not automatically result in the deletion of his or her personal information ; said personal information will be stored in accordance with the requirements set down by the French Data Protection Act (Loi Informatique et Libertés). The User formally agrees to this provision.
The User is informed that as a result of this action, access to the Personal Account and to the Contents will be blocked.
17. AGREEMENT IN RELATION TO PROOF
The computerized records stored in the Publisher’s computer systems under conditions of reasonable security will be regarded as evidence of communications and transmissions of information between the User and the Services and the Publisher.
Data are archived and stored on reliable and durable media in compliance with Article 1348 of the French Civil Code.
The User acknowledges and agrees that after authentification any expression of his or her wishes using the functionalities offered by the Services, and in particular (1) the expression of his or her consent in regard to the collection and processing of personal health data, (2) the acceptance of the TCS, constitute an electronic signature as defined by Articles 1316-1 and following of the French Civil Code, and furthermore constitute evidence of the User’s consent.
In accordance with the provisions of the Civil Code of France in matters pertaining to electronic signatures, in the event of disagreement between the Publisher’s computerized records and any written document or electronic file held by the User, it is expressly agreed by the parties that the Publisher’s computerized records will take precedence over the User’s documents and will be the only ones admitted as proof.
18. APPLICABLE LAW
These TCS are governed by French law.
Foreign Users accept expressly the application of French law when they use the Services and Contents.
Foreign Users therefore recognize that, in general, any information exchanged or disseminated therein may not be consistent or appropriate outside France.
In the event of dispute or litigation between the parties in respect of the application of these TCS, the User is hereby informed that he or she has the possibility of recourse to any alternative method of dispute resolution and, in the event, a conventional mediation procedure, by contacting the Department of consumer mediation http://www.economie.gouv.fr/mediation-conso. This department will formulate a conciliation proposal.
In the absence of a friendly resolution of the matter, disputes concerning the Services or relating to their use will be judged in a French court of law, regardless of the User’s place of residence.
19. GENERAL PROVISIONS
The Publisher may assign to a subsidiary or to a successor all or part of its rights and obligations at any time, as defined in these TCS.
The User is not authorized to transfer his/her agreement with the Publisher to a third party.
