Legal notice and Terms of use of the Surgpart website and application

➤ Legal notice

Publisher of the website and mobile application

This website is published by the company SURGPART SASU, with a capital of €10,000 and registered with the RCS under number 980 855 969
Registered office: 5 Impasse Joseph Kessel, 42300 Mably
Email address: [email protected]
Phone number: 07 82 35 64 98
Telephone number (from international): +33 7 82 35 64 98

SURGPART edits:
– the surgpart.com website (the “Site”)
– the mobile application «Surgpart» (l’ “Application”)

Website and application host

The Site and the Application are hosted on the company’s servers scaleway.com (SCALEWAY, RCS 433 115 904, 8 Rue de la Ville-l’Évêque, 75008 Paris) in the DC3 datacenter (in Paris). The accommodation is carried out exclusively in metropolitan France. The accommodation activities of scaleway.com are ISO27001, ISO50001, HDS 1 certified and are therefore subject to regular security audits.

Certificate Number: HDS 739219

Creation/Realization of the site

EXPERIALYS
Located at 12 Rue de la Part-Dieu, 69003 Lyon
RCS Lyon B: 952 887 826

Photo credits

SURGPART SASU has acquired, and owns the images, illustrations, and photos available on the site.

Use of the Site and App

Access to the Site and the Application as well as the use of their content, their sections and the services offered therein are carried out within the framework of the General Terms and Conditions of Use accessible via the following link:

surgpart.com/terms-of-use that the User is invited to consult and accept.

Intellectual property

The Website and the Application, as well as their content, are the property of SURGPART SASU or third parties who have authorised it to use it.

Personal data

As part of the use of the Site and/or the Application, SURGPART SASU is likely to collect your personal data, under the conditions defined in our personal data protection policy accessible via the following link:

surgpart.com/privacy-policy

It is recalled that scaleway.com is a certified host of personal health data specified by Decree 2018-137 of February 26, 2018.

Cookies

When you browse  the surgpart.com Site or the “Surgpart” Application, the  Site, or, where applicable, the Application is likely to deposit “cookies”, very simple text files, on your terminal. You can consult the section dedicated to the management of cookies on the surgpart.com/privacy-policy page.

Contact

For any request relating to the Site or the Application, the User is invited to refer to the “Contact Us” tab of the Site and/or to write to the following address: SURGART SASU, 5 Impasse Joseph Kessel, 42300 Mably.

➤ Terms of use of the Surgpart website and application

Please read the provisions of these Terms and Conditions of Use carefully. By using the services of SURGPART SASU, you expressly agree to these terms and conditions.

The User is reminded that instant messaging is not used to manage emergency situations. If the User wishes medical advice regarding any situation considered urgent, he or she must use the appropriate services (in particular dial 15 or 112 to reach the emergency services).

In case of doubt, the User must also immediately contact his or her attending physician.

ARTICLE 1 – Definitions

Application refers to the “Surgpart” mobile application of SURGPART SASU under the conditions of the General Terms and Conditions of Use, after downloading from an application store, including all the Services provided through it, subject to these General Terms and Conditions of Use.

General Terms and Conditions of Use (or GCU): refers to this document which governs the relations between SURGPART SASU and the Users with regard to access and/or use of the Site and the Application, to the exclusion of any other document.

Consultation: refers to a consultation between a Healthcare Professional and a Patient, which is face-to-face (“face-to-face consultation”). The preparation of the consultation can be done via the instant messaging provided.

Patient Account: refers to the space created via the Site or Application exclusively reserved for a Patient and allowing access to certain Services.

Element(s): refers to any content (including all graphics, images, photos, drawings, maps, logos, names, trademarks, texts, information and other documentation, databases, without this list being exhaustive), including the Resources, accessible, visible and/or available on/via the Site or the Application.

Identifiers means the Patient’s username/email address and password to access the Patient Account.

Legal Notice: refers to the legal notices of the Site and the Application available on them.

Patient: refers to a User who holds a Patient Account.

Healthcare Professionals: refers to a Healthcare Professional who holds a Healthcare Professional Account.

Data Policy: refers to the policy for the processing of personal data via the Site and the Application.

Resources: refers to the information published on the Site/Application and accessible to a User such as news, information, descriptive sheets, questionnaires in the field of health.

Headings: refers to the different categories appearing on the Site/Application in which content offered on the Site/Application is classified, grouped together, where applicable, by theme.

Services: refers to the services offered by SURGPART SASU via the Site/Application, including the search for a Healthcare Professional, the online appointment booking for a Consultation, the benefit of instant messaging, access to Resources.

Website: refers to the website of the company SURGPART SASU accessible at the address surgpart.com, including all the Services provided through it and subject to these General Terms and Conditions of Use.

Consultation: refers to a face-to-face Consultation, carried out between a Healthcare Professional (exercising a liberal activity or carrying out his activity via a healthcare establishment), and a Patient (who may, if necessary, be assisted by another third-party Healthcare Professional), via the Application and in compliance with these General Terms and Conditions of Use.

Company or SURGPART SASU: refers to the company SURGPART SASU.

User: designates, unless otherwise stated, any person directly or indirectly accessing the Site/Application, who expressly accepts the terms of these General Terms and Conditions of Use and has read the Legal Notice.

ARTICLE 2 – Purpose of the General Terms and Conditions of Use

These General Terms and Conditions of Use detail the rules applicable to access to and use of the  “surgpart.com” website and the  “Surgpart” mobile application and the services offered therein. It is specified that the use of the Site and the Application is subject to the prior acceptance and compliance with these General Terms and Conditions of Use.

Any User who accesses the Site or the Application undertakes to comply without reservation with these General Terms and Conditions of Use.

ARTICLE 3 – Acceptance and duration of the General Terms and Conditions of Use

The General Terms and Conditions of Use govern all relations between SURGPART SASU and the Users of the Site/Application.

The unreserved reading and acceptance of the General Terms and Conditions of Use are imperative and condition the access and use of SURGPART SASU and the Services offered therein by the User. The User reads the General Terms and Conditions of Use by clicking on the “General Terms and Conditions of Use” tab.From the first visit and/or

by accessing and/or using the Site/Application, the User acknowledges:

• have read the conditions under which the Site and the Application operate;
• have all the technical skills necessary to access and use the Site/Application normally in compliance with these General Terms and Conditions of Use;
• have read the Legal Notice;
• have read and expressly and unconditionally accepted these General Terms and Conditions of Use;

and expressly consents to the application of the General Terms and Conditions of Use in the context of the User’s access and/or use of the Site/Application. The User may consult or print the General Terms and Conditions of Use of the Site/Application in force, available on the Site/Application by clicking on the “General Terms and Conditions of Use” link.

ARTICLE 4 – Modification of the General Terms and Conditions of Use

SURGPART SASU reserves the right, at any time, to make any changes to these General Terms and Conditions of Use that it deems necessary and useful. If the User continues to use the Site/Application after the changes to the General Terms and Conditions of Use come into force, he/she irrevocably accepts the modified General Terms and Conditions of Use. If the User does not agree with the modified or supplemented General Terms and Conditions of Use, the only possibility is to no longer access or use the Site/Application.

ARTICLE 5 – Access to the Website and the Application

The Site and the Application are accessible to any User who has reached the age of majority and has the legal capacity to subscribe to these General Terms and Conditions of Use. It is specified that an adult User may use the Site and the Application for the benefit of minor(s) for whom he/she exercises parental authority or is tutor/curator in accordance with and within the limits permitted by French law.

The Site can be accessed at the address surgpart.com.

The App can be accessed via the app stores, App Store and Google Play.

It is the User’s responsibility (i) to acquire the support (hardware, including operating software) to launch the Site (computers, tablet, hybrid PCs, smartphone) and/or, where applicable, the Application (smartphone) in accordance with the description of the said Application on the download platform, (ii) to ensure the maintenance of this medium, to ensure the security of this medium,  to have access to the Internet with any Internet service provider of their choice and not to behave in a manner contrary to laws and regulations that may result in the termination or suspension of their Internet access, as the case may be.

The media allowing access to the Site/Application as well as its use are the sole responsibility of the User, as well as the costs incurred by their use.

It will be the User’s responsibility to ensure that the IT and transmission resources at his disposal are available to him or her so that these means can be adapted to changes in the Site and the Application.

SURGPART SASU is not responsible if Users are unable to connect or if the connection is random or interrupted, in particular due to any technical problem or any problem related to network congestion or the use of an inappropriate speed.

ARTICLE 6 – General presentation of the Website/Application and the Services intended for Users

The Site/Application mainly offers services to put Healthcare Professionals in touch with Users.

More specifically, the Site/Application aims to enable Users:

• search for and obtain the contact details of a Healthcare Professional;
• make an online Consultation appointment;
• benefit from an instant messaging service;
• search for and become aware of Resources.

To be able to benefit from certain Services offered on the Site, the User must create a Patient Account.

ARTICLE 7 – Creation and management of a Patient account

7.1 Creation of the Patient Account

The creation of a Patient Account is free of charge and is carried out at the time of the first online consultation request via the Website or the Application.

To create a Patient Account, the User must:

• provide his/her surname, first name, e-mail address, mobile phone number, date of birth, gender as well as a password that meets the characteristics indicated on the Site/Application; The User undertakes in particular to provide true, accurate, complete and up-to-date data.

7.2 Accept the Terms and Conditions of Use.

• Access and management of the Patient Account

Once the Patient Account has been created, the Patient accesses his/her Patient Account by clicking on the “Patient Login” section, then by completing the form with his/her Identifiers.

The Patient connected to his/her Patient Account may access the Services dedicated to Patients and/or to which he/she has subscribed, such as making an appointment for a consultation with a Healthcare Professional, instant messaging, under the conditions of these General Terms and Conditions of Use. Through his/her Patient Account, the Patient may also:

• consult and modify the contact details provided when creating their Patient Account;
• create a profile for a relative for whom the Patient exercises parental authority or is tutor/curator in accordance with French law, under the exclusive and own responsibility of the Patient and with the consent of the said relative when required by laws and regulations;
• access the history of Consultation appointments booked online via the Site/Application;
• view the Healthcare Professionals with whom he/she has booked a Consultation appointment online via the Site/Application;
• delete their Patient Account.

7.3 Credential Management

The Identifiers are strictly personal and confidential to each Patient. The Patient shall refrain from communicating them to third parties in any form whatsoever and undertakes to make every effort to maintain their confidentiality.

The Patient is fully and exclusively responsible for the use of his/her Identifiers, in particular in the event of their use by a third party. SURGPART SASU cannot be held liable under any circumstances for the access by third parties to the data/files/results accessible from the Patient Account, the Patient alone shall bear the possible consequences of this access.

In particular, the Patient is informed that his/her Patient Account may contain data relating to the health of the said Patient or of a relative of the said Patient, with the consent of the latter, unless otherwise authorized by law or regulation. Given their sensitivity, the Patient undertakes in particular to implement all the security measures necessary for the purposes of protecting access to his Patient Account beyond the confidentiality of his Identifiers (in particular by providing for a lock of his computer session, his smartphone, etc.).

It is understood that any access to the Site/Application and use of the Services made via a Patient Account are deemed to have been made by the said Patient and SURGPART SASU declines any liability that may arise therefrom.

In the event of loss/forgetfulness or theft of his/her Identifiers, including in the event that the Patient becomes aware of a malicious use of his/her Patient Account, he/she undertakes to inform SURGPART SASU without delay via the “Forgot Password” section or by requesting the renewal of his/her Identifiers by email to the following address [email protected], as applicable. SURGPART SASU will then communicate the procedure allowing it to create the new Identifiers to replace the lost, stolen or misappropriated Identifiers.

In the event of non-compliance with the above obligations by the Patient or any other legitimate reason, access to the Patient Account and the Services accessible therein may be immediately and without notice, temporarily or permanently suspended by deactivating the Patient Account in question, without prejudice to the other rights of SURGPART SASU.

7.4 Termination/Closure of the Patient Account

7.4.1 Termination by the Patient

The Patient may request the closure of his/her Patient Account via the “DELETE MY ACCOUNT” section accessible from his/her Patient Account or to the contact address of SURGPART SASU, at any time, without having to justify reasons, subject to compliance with his/her obligations under these General Terms and Conditions of Use. The Patient will be informed by email of the confirmation of the termination of his/her Patient Account.

7.4.2 Termination by SURGPART SASU

In the event of a serious breach by the Patient of the provisions of these General Terms and Conditions of Use, SURGPART SASU reserves the right to terminate his or her Patient Account, without notice or formal notice, without prejudice to the other provisions of these applicable General Terms and Conditions of Use.

In the event that the Patient fails to comply with these General Terms and Conditions of Use, SURGPART SASU will send the Patient an e-mail giving notice to comply with these General Terms and Conditions of Use. SURGPART SASU reserves the right to terminate the Patient Account within seven (7) days in the event of an unsuccessful formal notice. The termination shall be without prejudice to any damages that may be claimed by SURGPART SASU in compensation for the damage suffered by it as a result of such breaches. The Patient is informed by e-mail of the confirmation of the termination of his Patient Account.

7.4.3 Fate of the User’s data after termination

Once the Patient Account is terminated, SURGPART SASU will proceed with the deletion of the User’s data, including his/her relative(s) entered on his/her Patient Account in accordance with its Data Policy.

ARTICLE 8 – Search for and access to the contact details of a Healthcare Professional

The Site/Application allows any User to search for a Healthcare Professional according to a set of criteria such as: his specialty, his name, his locality, and if he has one: clinic or establishment to which he is attached. SURGPART SASU does not guarantee the completeness of the database of healthcare professionals used, which may be based on agreements with said healthcare professionals. The User acknowledges and accepts to use the contact details of the Healthcare Professional published on the Site/Application under his/her sole responsibility, it being specified that SURGPART SASU cannot also be held responsible for the actions/inactions of the said Healthcare Professional vis-à-vis the User.

ARTICLE 9 – Online Consultation Appointment Making

The Site/Application allows the User to search for and make an appointment online for a Consultation, according to the “Face-to-face Consultation” form, and in particular at the available time slots indicated by the Healthcare Professional concerned on his schedule. In the absence of an appointment available online, the User has the option of attempting to make a Consultation appointment via instant messaging, and if necessary by the contact details possibly indicated on the Healthcare Professional’s form.

The User acknowledges and accepts that the Healthcare Professional is free to offer the possibility of making an appointment for a Consultation only to certain Users, according to the form of “Face-to-face Consultation” and/or at certain time slots, at its sole discretion. The methods of consultation and the availability of Consultation appointments offered by Healthcare Professionals to the User are in no way the responsibility of SURGPART SASU.

The service provided by SURGPART SASU is limited to a matchmaking service and can in no way replace the responsibilities of the User or the Healthcare Professional. The User undertakes to carry out all necessary or useful checks before validating an appointment on the Site/Application for a face-to-face Consultation, and in particular to check that his case is compatible with the envisaged consultation method, the liability of SURGPART SASU cannot be engaged under any circumstances if the consultation method concerned is not suitable. The validation of the booking of an online Consultation appointment selected by the User requires the prior creation of a Patient Account.

After validation and/or authentication of his/her Patient Account, the Patient indicates whether the appointment is made for the User or a relative of the User, subject to compliance with his/her legal and regulatory obligations in this regard, and validates the scheduling of the Consultation appointment. A confirmation of the validated Consultation appointment is displayed on the Patient’s Dashboard, which may be sent to the Patient by email and/or SMS to the address and mobile phone number provided in the Patient Account, which the Patient expressly accepts.

The Patient also agrees to receive messages related to the service or consultations concerned on the e-mail address and/or mobile phone number provided, in particular reminders, cancellations of Consultation appointments booked online and/or contact details of the Healthcare Professional prior to the said appointment. By having validated a Consultation appointment via the Site/Application, the Patient undertakes to honour the said appointment and to report as soon as possible and by any means, the Healthcare Professional concerned of any cancellation, modification or delay.

In particular, the Patient has the possibility to consult, modify and cancel Consultation appointments made online on the Application/Site via their Patient Account.

In all cases, the Patient acknowledges and accepts that he/she is exclusively responsible to the Healthcare Professional for any delay, absence, cancellation or postponement of a Consultation appointment booked online via the Site/Application. In particular, SURGPART SASU cannot be held liable for any fees that may be invoiced by the Healthcare Professional to the Patient in the event of cancellation or modification of the Consultation appointment, for example because it is judged by the Healthcare Professional to be too late or abusive because it is repeated. SURGPART SASU shall not be liable for the refusal to accept/honour or the cancellation of a Consultation appointment by the Healthcare Professional, nor for any delay in the latter of the said appointment.

ARTICLE 10 – Instant messaging

The User is reminded that instant messaging is not used to manage emergency situations. If the User wishes medical advice regarding any situation considered urgent, he or she must use the appropriate services (in particular dial 15 or 112 to reach the emergency services).

In case of doubt, the User must also immediately contact his or her attending physician.

10.1 Instant Messaging Service

10.1.1 Conditions of access specific to Instant Messaging via the Site/Application

Appointments can be made via the Website or the Mobile Application. The User may access the Instant Messaging Services with or without an appointment with the Healthcare Professional concerned, under the conditions defined herein.

10.2 Conduct of an exchange via the instant message service

10.2.1 Prerequisites

In order to ensure the confidentiality of the exchanges between the Healthcare Professional and the Patient, the latter undertakes to use the Instant Messaging Service in a place that ensures such confidentiality, and SURGPART SASU cannot be held liable in any way as a result.

It is the Patient’s responsibility to have the IT tools and a sufficient network connection to be able to use the instant messaging functionality available on the “Site” and the “Application”, in accordance with these General Terms and Conditions of Use.

10.2.2 Starting a Discussion

The Patient, as well as the Healthcare Professional, can via their Dashboard in the “Messaging” tab, or by any other type of shortcut on the Healthcare Professional page. It will then be necessary to select your correspondent in order to start a discussion with the latter.

10.2.3. Acceptance of the Discussion

The Healthcare Professional is free to accept or reject the instant messaging request, which can be immediate or postponed (within a certain period).

10.2.4 The discussion itself The

discussion begins once the Healthcare Professional agrees to actually start the discussion. The duration of a discussion is left to the discretion of the Healthcare Professional. The discussion takes place under the sole and exclusive responsibility of the Healthcare Professional and the Patient. The Patient may send one or more documents that he/she deems necessary, useful or relevant to the preparation of the possible face-to-face consultation (e.g. photographs illustrating his/her pathology, results of medical analyses), delete them, at his/her sole discretion and under his/her own responsibility.

The Healthcare Professional remains exclusively responsible for the acts and decisions relating to his professional activity, in accordance with the legal, regulatory and ethical obligations governing his professional practice. The Patient remains exclusively responsible for the information and actions given/performed in the context of this discussion. In this regard, it is recalled that the Healthcare Professional is bound by obligations of confidentiality and respect for medical confidentiality and, more generally, professional secrecy. The User undertakes not to jeopardize compliance with such obligations.

10.2.5 Retention of history

SURGPART SASU retains the history of conversations for the sole purpose of processing reporting requests, in accordance with the Data Policy. In addition, SURGPART SASU undertakes to respect the privacy of the Patient and to process his/her personal data in accordance with its Data Policy. For reasons of security and respect for the image rights of the Healthcare Professional, the Patient also undertakes not to record, store, reproduce or disseminate the history of his or her instant messaging service, regardless of the medium or process used.

SURGPART SASU declines all responsibility in the event of non-compliance by the Patient with such a commitment. In this respect, it is recalled that any infringement of the right to one’s image, the intimacy of private life, reputation, professional and medical secrecy is punishable by law, including criminal law.

10.2.6 End of Discussion

At the end of the chat via instant messaging, you should finally be ready for your face-to-face consultation.

ARTICLE 11 – Access to Resources

SURGPART SASU may make Resources available to the User on the Site/Application at its sole discretion. Access to certain Resources, such as health questionnaires, may require prior completion of a form through the tick box, in order to allow SURGPART SASU to communicate the results of the test/questionnaire to the User.

11.1 – Access to care

The User is reminded that the refusal of care is discriminatory and therefore prohibited. When a healthcare professional refuses to see a patient or treats a patient less well because, for example, of his or her nationality, state of health, religion, disability, sexual orientation or because he or she is a beneficiary of a health benefit such as the CMU-C, the ACS or the AME, this constitutes an illegal practice and contrary in particular to Articles L.1110-3 and L.1110-5 of the Public Health Code. If the User is confronted with a case of discrimination mentioned above, the User is invited to report this behavior via the “report” link located on the instant messaging service, or any other shortcut available on the health professional’s page, or directly to the following address: https://www.defenseurdesdroits.fr/fr/saisir-le-defenseur-des-droits.

In the event of a mention(s) on the site considered to be discriminatory, the User is invited to report it directly to SURGPART SASU via the contact form.

ARTICLE 12 – Tarification

12.1 General

Access to and use of the Site/Application in the strict sense of the term are free of charge for the User, SURGPART SASU does not charge any fees in this respect.

However, the User acknowledges and accepts that the User remains the sole responsibility of:

• all fees, costs, expenses relating to accessing, downloading and using the Site/Application, whether hardware, software, internet-related costs, including those charged by the telecommunications operator for the use of the network and data sharing;
• payment for face-to-face consultations with the Healthcare Professional

12.2 Payment of Subscriptions

12.2.1 Subscription Prices

Healthcare Professionals must subscribe to one of the subscriptions offered in order to benefit from the various services of the Site/Application. Prices are indicated in euros € in the “Subscriptions” section of the Dashboard.

However, the Patient is warned and accepts that SURGPART SASU has no control over the amount of the Consultation which will actually be entered and validated by the Healthcare Professional at the end of the exchanges via instant messaging and cannot be held responsible in any way if the rate invoiced by the Healthcare Professional is different from the one indicated.

12.2.2 Payment by credit card via the STRIPE platform

For security reasons and in order to ensure effective payment of the Subscriptions by the Healthcare Professional, the payment of a Subscription is made, by credit card, or SEPA direct debit, through the payment service provider Stripe Payments Europe, Limited C/O A&L Goodbody, Ifsc, North Wall Quay, Dublin 1 (hereinafter “STRIPE”). The Patient must first read, understand and accept Stripe’s terms and conditions of use (https://stripe.com/fr/legal).

The Healthcare Professional must be the holder of the bank card used for payment or, failing that, be duly authorised to use it to make the payment. Also, the Healthcare Professional undertakes to ensure that the bank account associated with the payment card used to pay for the Subscription is sufficiently funded to meet its payment obligation. The Healthcare Professional is informed that in the event of an error related to the banking information provided or failure of the debit authorization, access to and benefit from the various Site/Application services will be severely limited.

It is specified that SURGPART SASU never has access to the Patient’s banking information, as online payments and related banking processing are entirely managed by STRIPE. Payment will be effective during the purchase of the Subscription, or in the case of a recurring payment before the end of the expiration of the current Subscription.

If SURGPART SASU cannot be held responsible for an error in the rate applied and/or the amount to be debited by the STRIPE platform. If such an error occurs in this product, we invite the Healthcare Professional to contact SURGPART SASU in order to find a solution.

The Patient undertakes to comply with the rules and any additional payment terms that will be agreed with the Healthcare Professional.

12.2.3 Social security and supplementary health insurance

SURGPART SASU does not intervene in the formalities of the Consultations. The Healthcare Professional and the Patient remain responsible for the formalities covered by social security and third-party payers/supplementary health insurance. SURGPART SASU cannot be held responsible for any error in the payment of the costs of Consultations.

ARTICLE 13 – Behaviour/Obligations of the User

In addition to the obligations incumbent on him under the General Terms and Conditions of Use, the User undertakes to comply with the provisions of this article.

13.1 General

The User undertakes to comply with the General Terms and Conditions of Use applicable throughout the duration of the use of the Services.

The User undertakes to access and use the Site/Application in good faith and in a reasonable manner. In addition, by using the Site/Application, the User shall not:

• disrupt or interrupt access to or operation of the Site/Application or servers or networks connected to the Site/Application, or violate the requirements, procedures, rules or regulations of networks/tools connected to the Site/Application;
• attempt to harm any user, host or network, which includes, but is not limited to, intentionally or negligently exposing the Site/Mobile Application to a virus, creating a saturation or flooding the server;
• attempt to access data that is not intended for the User or to enter a server/Patient Account to which the User does not have access;
• attempt to probe, probe, or test the vulnerability of a system or network, or breach security or authentication measures without authorization;
• impersonate another person;
• carry out any activity or incite a third party to carry out an illegal activity or any other activity that would infringe the rights of SURGPART SASU, its partners, investors, customers or any other User;
• transmit or transfer (by any means whatsoever) information or software derived from the Site/Application, in particular to any person not expressly or unauthorised by SURGPART SASU and/or in violation of any applicable national or international law or regulation. The User is solely responsible for the use he makes of the content, including the Resources, of the Site/Application as well as for any damage that may result from non-compliant use.

The User is solely responsible for providing the information requested in the context of the Site/Application and necessary for access to/use of certain Services. The User guarantees that the data he/she communicates to SURGPART SASU in the context of the use of the Site/Application is accurate and in accordance with reality. The User undertakes to use the Resources in accordance with their purposes described in the General Terms and Conditions of Use. However, unless otherwise provided for in these General Terms and Conditions of Use, the Resources and content disseminated as part of the Services may be reproduced, used or represented without the express prior authorization of SURGPART SASU or the Healthcare Professional, as the case may be.

To this end, the User undertakes in particular to respect the intellectual property rights of SURGPART SASU on the Resources. At any time and for any reason whatsoever, SURGPART SASU may implement any means to put an end to the use by a User of the Site and/or the Application, as the case may be, for any conduct violating these General Terms and Conditions of Use, without prejudice to any damages that SURGPART SASU reserves the right to claim in the event of non-compliance with these General Terms and Conditions of Use.

13.2 Patient-specific provisions

Unless expressly provided otherwise, the Patient acknowledges and accepts that the Services provided or accessible via the Patient Account are strictly limited to the private and personal use of the Patient. In the event of a change in data likely to interfere with the proper performance of the Services, the Patient undertakes to immediately inform SURGPART SASU either by updating his data in the Patient Account or via the “Contact” Section. Regarding the addition of the contact details of a relative, the Patient undertakes to hold the authorization of the said relative to enter his or her data if this is required by the regulations in force and, failing that, to have the power/authorization legally required for one to do so, and remains responsible for any behavior of the said relative and ensures, in particular, within the limits of the applicable regulations,  compliance by the latter with the conditions of these General Terms and Conditions of Use, in particular if the said relative benefits from a Consultation appointment booked via the Site/Application.

The patient:

• in particular, refrains from any commercial exploitation, including advertising, or for any other profit purpose, of all or part of the Services provided or subscribed to via their Patient Account;
• undertakes to respect the times of the Consultation appointment booked online via the Site/Application; otherwise, SURGPART SASU cannot be held responsible for the reduction of time or the cancellation of a Consultation or any other consequence;
• is solely responsible for the payment of the Consultation carried out by a Healthcare Professional to the latter, any information concerning the consultation rates being provided exclusively for information purposes only without any guarantee of accuracy, the Healthcare Professional may decide to modify them at any time;
• undertakes to comply with the instructions and recommendations communicated to them by the Healthcare Professional in the context of a Consultation;
• – undertakes, in the context of exchanges via instant messaging, not to hold or disseminate, in any way whatsoever, comments or content that may violate the rights of third parties or that are of an insulting nature, defamation, discrimination, violence or the like;
• – undertakes to use the instant messaging and documents sent by the Healthcare Professional in accordance with the purpose described in the General Terms and Conditions of Use, the instructions of the said Healthcare Professional and in compliance with the law in force.

ARTICLE 14 – Responsibility of the User/Patient

The User is solely responsible for the proper functioning of his/her computer equipment as well as his/her access to the Internet. The User is personally responsible for setting up the computer and telecommunications means allowing access to the Site/Application and the knowledge necessary for the use of the Internet and access to the Site/Application. The User acknowledges having checked that the computer configuration he is using does not contain any viruses and that it is in perfect working order. The User undertakes to implement any means or procedure to ensure the security of the hardware and software allowing him to use the Site/Application.

The User undertakes not to disrupt the use that other users may make of the Site/Application. The User undertakes not to commit any act that could jeopardize the IT security of SURGPART SASU or other users, to attempt to break into the servers hosting the platform, to recover, destroy and/or modify the data of the Site/Application without the express authorization of SURGPART SASU. In general, the User undertakes not to interfere with or interrupt the normal operation of the Site/Application. The User undertakes to indemnify SURGPART SASU in the event of a complaint, action, prosecution or condemnation resulting from the User’s failure to comply with the General Terms and Conditions of Use. The Patient is solely responsible for the use of the Site/Application and all activities carried out under his/her Identifiers. He/she is solely responsible for the use of the Resources offered via the Site/Application, for any decision made and any action implemented based on the information contained or obtained through the Services. In addition, it is reminded that the User is solely responsible for the quality, lawfulness, relevance of the data, statements and content that he/she transmits/makes for the purposes and in the context of the use of the Site/Application and the Services. The User indemnifies SURGPART SASU against any request/claim by third parties in this respect.

ARTICLE 15 – Obligations of SURGPART SASU

15.1 Availability, maintenance and security of the Site/Application

15.1.1 Availability

Due to the nature and complexity of the Internet network, and in particular, its technical performance and response times for consulting, querying or transferring information data, SURGPART SASU makes its best efforts, in accordance with the rules of the art, to allow access to and use of the Site/Application. SURGPART SASU cannot guarantee absolute accessibility or availability of the Site/Application.

15.1.2 Updating and Maintenance

SURGPART SASU undertakes to implement all the means at its disposal to ensure access and availability of the Site/Application 24/7 and to limit disruptions. However, SURGPART SASU reserves the right, without prior notice or compensation, to temporarily or permanently close all or part of the Site/Application or access to one or more of its Sections, in particular in the event of force majeure, caused by third parties, to carry out an update, maintenance operations, modifications or changes to operational methods,  servers and hours of accessibility, including but not limited to. In the event of a planned interruption, it will be notified by means of a warning on the home page of the Site/Mobile Application, as applicable, or by any other means. The User declares that he/she is aware of the characteristics and limitations of the Internet, in particular its technical performance, response times for consulting or sending data and risks related to the security of communications. SURGPART SASU is not liable for damages of any kind that may result from these changes and/or from the temporary unavailability or permanent closure of all or part of the Site/Application or the Sections associated with it.

15.1.3 Security

SURGPART SASU makes its best efforts, in view of the state of the art and applicable regulations, to secure the Site and the Application as well as the data processing carried out through its use.

15.2 Provision of Services and Limitation of Liability

The User is informed and accepts that SURGPART SASU acts as a simple intermediary for putting a Patient in touch with a Healthcare Professional. The Site/Application does not in any way replace the free choice of a Healthcare Professional or the responsibility incumbent on the Healthcare Professional. Before making any decision or in case of doubt, it is the Patient’s responsibility to consult the competent healthcare professionals or his/her attending physician.

In this regard, it is specified that while SURGPART SASU offers a paid subscription for Healthcare Professionals to access all the services offered by the Site/Application. SURGPART SASU allows the Patient and the Healthcare Professional to prepare the face-to-face Consultation between the Patient and the Healthcare Professional. SURGPART SASU is in no way the beneficiary of the price of the Face-to-face Consultations paid by the Patient, which does not pass through its hands at all and that no commission is moreover charged to the User by SURGPART SASU.

SURGPART SASU cannot be held liable for the consequences of misuse of the STRIPE payment platform by the latter, the Patient or the Professional or any third party, nor for the inaccessibility of the STRIPE platform, as the case may be. The Elements contained on the Site/Application are for information and non-exhaustive purposes only and cannot be relied upon for medical advice or consultation with a Healthcare Professional. In general, the Elements and any information accessible through the Site/Application and/or appearing on the Site/Application are provided to the User without warranty of any kind, whether implicit or explicit, concerning in particular their integrity, accuracy, timeliness, availability, reliability or completeness or their suitability for the use that the User intends to make of them. In particular, SURGPART SASU does not guarantee the accuracy, completeness and suitability of the Elements for the User’s needs. SURGPART SASU cannot be held responsible for the interpretation or use of the Resources and other Elements disseminated through the Site/Application or their consequences. In addition, the Site/Application contains information provided by third parties, in particular Healthcare Professionals in the context of discussions via instant messaging, or via face-to-face consultations. SURGPART SASU has no control over this information. Consequently, SURGPART SASU declines all responsibility in the event of an error or omission in this information but also in the event of damage resulting from the use, access to or inability to use this information. The Services offered on the Site/Application shall not reduce or remove the responsibility of the Healthcare Professional concerned towards the User. In this regard, it is recalled that Healthcare Professionals carry out their activity independently and in accordance with their personal ethical, legal and regulatory obligations and under their exclusive responsibility.

SURGPART SASU does not guarantee the effectiveness of the User’s appointment with the Healthcare Professional, the latter remaining responsible for the validation and consideration of such an appointment. SURGPART SASU cannot be held liable for damages resulting from the unavailability of a Healthcare Professional or from the difficulty of accessing and using the communication tools necessary for the conduct of a chat via instant messaging and which could go as far as leading to its cancellation.

SURGPART SASU declines all responsibility on the one hand for the acts and advice provided to the User or their absence by the Healthcare Professionals during consultations, and on the other hand for any disputes/disputes between the User and the Healthcare Professional. SURGPART SASU also declines all responsibility in the event of a failure to transmit documents from the Patient to the Healthcare Professional in the context of instant messaging, whether this failure results from an unsuitable format of the document or from any other cause.

More generally, given the nature of the Services (access to Published Elements at the discretion of SURGPART SASU and without guarantee of any kind; putting Patients in contact with Healthcare Professionals); on the other hand, the lack of control of SURGPART SASU over the data entered and the actions/inactions on the part of the User/Patient,  as the case may be, and on the other hand, the Healthcare Professional, in the context of access to and use of the Services, SURGPART SASU cannot guarantee the quality of the results of the Services, nor be liable for the harmful consequences that may result for the Patient or for third parties from the use, analysis, interpretation or processing of the Elements and Resources,  the conduct and results of a Consultation, including the content/results of chats via instant messaging by the User by a third party. The liability of SURGPART SASU, whatever the cause, is limited to direct damage and may not exceed 10 cents (0.10) euros per year per User. Any action relating to any damage is time-barred within one month of its occurrence.

ARTICLE 16 – Intellectual property

16.1 Elements of SURGPART SASU

16.1.1 General

These General Terms and Conditions of Use do not imply any transfer of any kind of intellectual property rights over the Elements and more generally any content included or accessible on and/or through the Site/Application, in particular all graphics, images, photos, drawings, maps, logos, names, trademarks, texts and other documentation, including the Resources, databases, and any other material belonging to SURGPART SASU or its sister companies or subsidiaries (hereinafter referred to as the “Elements of SURGPART SASU”) for the benefit of the User. The Elements appearing on the Site or the Application are the exclusive property of SURGPART SASU, one of its subsidiaries or one of its partners. These elements are protected by intellectual property law and are subject to the applicable laws and regulations in this area. Any reproduction, distribution, modification, retransmission or publication of these different elements, in whole or in part, is strictly prohibited, except in cases that may be expressly authorized by SURGPART SASU and except in certain cases of use for private purposes, and this, in accordance with the French Intellectual Property Code or any other applicable legal rules.

In general, SURGPART SASU grants the User a free, personal, non-exclusive and non-transferable right to access and use the Site/Application, subject to the prior acceptance and compliance with these General Terms and Conditions of Use by the User. All other rights are expressly excluded, except with the prior written consent of SURGPART SASU. In addition, the printing of these General Terms and Conditions of Use is only permitted for strictly personal and private use.

16.2 Third Party Elements

Elements belonging to third parties, such as trademarks, drawings, models, images, texts, photos, logos, databases, but this list is not exhaustive, are the exclusive property of their author and are protected as such by the intellectual property rights recognized by the legislation in force.

The User shall refrain from infringing, directly or indirectly, the property rights of third parties, whose elements are present on the Site/Application and shall refrain from exploiting, in any way whatsoever, the names, trademarks, logos, information and all documents communicated to him, in general, in the context of the execution of these Terms and Conditions. The User undertakes to respect all the rights of third parties, elements of which are present on the Site/Application and refrains from creating any analogy in the mind of the public for any purpose whatsoever. To this end, the User undertakes to take all necessary measures to protect the said rights with regard to any third party and, in particular, will maintain all proprietary notices that will be made on all data, information and more generally on the elements that can be consulted on the Site/Application or made accessible by a third party.

16.3 Hyperlinks/external sources

The Site/Application may include links to websites or other Internet sources. Insofar as SURGPART SASU cannot control these sites and external sources, it cannot be held responsible for the availability of these sites and external sources, and it cannot be held liable in any way for the content, advertising, products, services or any other information or data available on or from these sites or external sources. It is the User’s responsibility to carry out any necessary verification. In addition, SURGPART SASU cannot be held liable for any damage or loss, proven or alleged, resulting from or in connection with the use or the fact of having trusted the content, goods or services available on these sites or external sources. Any creation of links to the Site and/or the Application and, in general, any use of an element composing the said Site/Mobile Application is subject to the prior and express authorization of SURGPART SASU, which may be revoked at any time at its sole discretion. SURGPART SASU reserves the right to (i) request the deletion of any link to the Site/Application that has not been, or would no longer be, authorized and (ii) claim damages for the harm suffered as a result.

ARTICLE 17 – Personal data and cookies

17.1 Cookies

When the User browses the Site/Application, the User is likely to deposit “cookies”, very simple text files, on the computer or other device used to connect to the Site/Application. The “Cookies” section is available on the surgpart.com/privacy-policy page.

17.2 Personal data

The data collected via the forms on the Site/Application or the subscription and use of the Services are subject to automated data processing. You can consult the page dedicated to personal data: surgpart.com/privacy-policy

ARTICLE 18 – Force majeure

SURGPART SASU declines all responsibility for any breach of any of its contractual obligations in the event of a case of force majeure as defined by Article 1218 of the French Civil Code and the associated case law.

ARTICLE 19 – Agreement of Proof

Electronic documents exchanged electronically between SURGPART SASU and the User are considered to be writings with the same value as that accorded to the original within the meaning of Article 1366 of the Civil Code. They may constitute faithful and durable copies within the meaning of Article 1379 of the Civil Code, so the User is invited to keep them.

ARTICLE 20 – Severability

If any of the clauses of the General Terms and Conditions of Use were to be nullified or declared unenforceable for any reason whatsoever, the other clauses would nevertheless remain in force.

ARTICLE 21 – Applicable law and competent courts

The Site/Application and these General Terms and Conditions of Use are subject to French law. Exclusive jurisdiction is given to the courts of the city of Roanne notwithstanding multiple defendants or third party claims.