GENERAL TERMS AND CONDITIONS OF USE AND SALE C2CARE

IMPORTANT - NOTE TO HEALTHCARE PROFESSIONALS PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY

MyC2Care is a professional space developed by C2Care allowing Healthcare Professionals to create a C2Care account and access various services offered by C2Care.

Please read these General Terms and Conditions carefully. They define the terms and restrictions of use that you accept when using the services provided by C2Care.

You acknowledge that these General Terms and Conditions are enforceable in the same manner as any other written contract you may have signed and you undertake to comply with them. If you disagree with the terms of these Terms and Conditions, you are not authorized to use or order the services offered by C2Care.

The General Terms and Conditions may be consulted at any time on the website www.c2.care..

The information collected when creating a MyC2Care account is processed by C2Care for the purpose of undertaking the subscription. In accordance with the law « informatique et liberté »; of 6 January 1978, the Healthcare Professional has a right of access and modification to the information concerning him/her. He can access information about himself by contacting: SAS C2CARE, Place Besagne Building A, 83000 TOULON. He may also, for legitimate reasons, object to the processing of data concerning him. For more information, he can consult his rights on the CNIL website.

Article 1. Definitions

C2Care: refers to the publisher of the services offered by SAS C2Care, whose contact details are given in Article 18 of these General Terms and Conditions.

My.C2.Care: refers to the MyC2Care space edited by C2Care allowing healthcare professionals:

  • Use demo versions of C2Care software
  • To subscribe to one of the subscription packages offered by C2Care
  • To modify its subscription formula
  • To offer video (teleconsultation) and virtual reality sessions at a distance for healthcare professionals who have subscribed to a subscription package
  • To program and monitor the prescription of exercises at home for his patients
  • To access and modify personal data
  • Download C2Care software updates according to the subscription formula subscribed by the healthcare professional
  • To receive messages and requests for teleconferencing sessions from patients using Psy. Live services and partner sites
  • To update personal information accessed on the Psy. Live directory and partner sites
  • Access your billing information based on the services used

This space has been developed and works for Terminals with an Apple iOS 9. 0 operating system or later, for Android Terminals and is also accessible from recent web browsers, supporting WebRTC technology.

General Conditions : désigne les présentes conditions générales applicables entre C2Care et le Professionnel de santé, qu’il déclare accepter lorsqu’il s’inscrit aux services C2Care, qui régissent l’utilisation de l’ensemble des services proposés par C2Care.

Healthcare Professional : refers to the healthcare professional registered on MyC2Care who is authorized to practice and who complies with applicable ethical and professional obligations.

Remote session : refers to the remote exchange with a patient (tele-consultation).

Article 2. Objet and Acceptance of General Conditions

Registration and use of the MyC2Care space requires prior acceptance of these General Conditions, which constitute the contract concluded between C2Care and the Healthcare Professional.

The General Conditions define the conditions under which the Healthcare Professional is entitled to use the MyC2Care space and C2Care services, the conditions of sale of C2Care software subscriptions, as well as the responsibilities of C2Care and the Healthcare Professional.

The General Conditions are concluded between C2Care and the Healthcare Professional.

The Healthcare Professional will have to register, by creating an account, to access the content of the MyC2Care space.

By checking the box provided for this purpose « I accept the GCU. GCV », after having been invited to read the said General Conditions, the Healthcare Professional accepts these General Conditions without reservation.

By ticking this box, the Healthcare professional declares to be a healthcare professional and thus to have read and accepted these General Conditions. Validation therefore implies acceptance of these General Conditions and shall be deemed to have the same value as a handwritten signature from the Healthcare professional.

Any Healthcare Professional who does not wish to accept all or part of these General Conditions may not register or place an order.

These General Conditions shall apply as long as the Healthcare professional is registered in the MyC2Care space.

C2Care may at any time modify, suspend or delete the MyC2Care space, the Services offered, modify their price or the General Conditions.

Acceptance of the new General Terms and Conditions and continued use of the MyC2Care platform and C2Care services after the amendments come into force shall constitute acceptance of the new conditions. In the absence of acceptance of the new General Conditions, the Healthcare Professional may terminate his subscription and his C2Care account under the conditions provided for this purpose.

Article 3. Use of MyC2Care

3.1. Technical requirements

Any use of the services provided by the MyC2Care space requires that the Healthcare professional first create a MyC2Care account.

The use of the MyC2Care space may require updates.

To benefit from certain Services offered on the MyC2Care space, the Healthcare professional must authorize the platform to access his camera and microphone to allow remote sessions in video and/or audio and use WebRTC compatible equipment. These Services are available to any Healthcare Professional with free Internet access and sufficient bandwidth for video exchange. Equipment (telephones, software, telecommunications equipment, etc. ) allowing access to the space are the sole responsibility of the Healthcare professional, as well as the telecommunication costs incurred by their use. He is solely responsible for the proper functioning of his equipment as well as for Internet access.

The right to use the MyC2Care space is granted exclusively for therapeutic purposes, to the exclusion of any other destination. In particular, it is strictly prohibited to use the platform for commercial purposes outside the scope of use of the platform as defined in Article 4 of these Terms and Conditions or for illegal purposes.

3.2. Create an MyC2Care account

To create an account, the Healthcare professional will need to provide their first and last name, email address and business phone number. A duplicate of his professional diploma may be requested by C2Care.

The Healthcare professional undertakes to provide a valid business telephone number.

The Healthcare professional undertakes to provide a valid email address, and must ensure that it is his email address.

The Healthcare professional guarantees that the data provided at the time of registration and thereafter are accurate, sincere and in accordance with reality.

C2Care shall in no event be liable for the provision of false information by the Healthcare professional or its consequences.

The Healthcare professional is solely responsible for the use of his MyC2Care account, as well as for all actions and declarations made through his MyC2Care account.

Article 4. Description of services

The MyC2Care space allows the healthcare professional to access different services:

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The healthcare professional will be able, from his MyC2Care space, to select the services he wishes to activate, in particular the subscription to C2Care software and the posting of his profile on www.Psy.Live and on our partner sites.

Article 5. Use of remote session services

The Remote Session Service offered by C2Care allows the Healthcare professional to connect with a patient registered on Psy.live or on a partner site, who, in compliance with his professional and ethical obligations, will conduct a remote session.

The realization of therapy sessions by exposure to virtual reality is only accessible to professionals who have subscribed to C2Care software.

To perform remote sessions, the healthcare professional must activate the visio functionality from their MyC2Care space.

Remote Session Services are available in audio and/or video.

The Remote Session Service will be used from the MyC2Care area by clicking on « Click to connect online and open your virtual waiting room ».

The Healthcare professional must first set his hourly rate in the « My Account » section of his profile. By default, the configured public cost will be 60€ per hour.

The setting of the public cost per hour will be limited to a minimum of 30€ and a maximum of 90€.

If the Remote Session does not last more than 3 continuous minutes, the session will be considered technically unrealized, therefore the professional will not receive any remuneration. The rate is calculated per minute.

The Healthcare professional will also have the possibility to register his bank details in order to proceed with the payment of the Services. These payment details consist of a valid and valid bank account.

Information on the identity, specialty and rate of the Healthcare professional is provided on the Healthcare professional Profile Sheet. This information may be made available to the general public on www.Psy.Live and C2Care partner sites with the authorization of the Healthcare professional.

The duration of the communication of a remote session is not limited in time. A time count will be displayed on the MyC2Care platform.

The Service may be terminated at any time at the discretion of the Healthcare professional and/or the patient.

Article 6. Subscription to software

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The main features of C2Care Software and in particular the specifications and illustrations are presented on the website www.c2.care.. The Healthcare professional is required to read it before placing any order.

The choice and ordering of one of the C2Care software subscription packages is the sole responsibility of the Healthcare professional.

The Healthcare professional alone assesses the relevance of the use with regard to the targeted pathologies.

The photographs and graphics presented on the website are not contractual and do not engage C2Care's responsibility. Any subscription to a C2Care software subscription implies, on the part of the Healthcare professional, the acceptance of these General Conditions. The Healthcare professional acknowledges that he or she has the ability to enter into and order a software subscription offered for professional purposes.

The following information fields are mandatory to subscribe to C2Care software: name or denomination, postal address, valid email address, intra-Community VAT number (in case of intra-Community trade). The Healthcare professional is committed to provide valid information.

C2Care reserves the right to cancel or refuse any subscription order from a Healthcare Professional with whom there is a dispute regarding the payment of a previous order. C2Care is not intended to license software to consumers (individuals).

C2Care grants the Healthcare professional the non-exclusive right to use the Software under the conditions set out below. The Software is provided as a downloadable link and sent by email to the email address provided by the Healthcare professional. The installation of the software is carried out by the Healthcare professional under his own responsibility.

The Healthcare professional is solely responsible for the use of his MyC2Care account and his access to C2Care software.

C2Care reserves the right to change the price of subscription packages. To this end, C2Care will inform by e-mail, at the address indicated by the Healthcare professional, of any rate increase at least 30 days before it takes effect. In such a case, the Healthcare Professional who does not accept this rate increase may terminate his subscription, this termination taking effect at the next subscription deadline. In the absence of termination, the new pricing will therefore be applicable as from the next subscription term.

Unless postponed in time and granted by C2Care, any delay in payment, in whole or in part, of an amount due on its due date, will suspend the Healthcare professional's access to C2Care software. C2Care will again authorize its access to the Healthcare professional upon receipt of its payment.

The Healthcare professional must ensure, before any order is placed, that his equipment is compatible with the Software. If in doubt about hardware compatibility, contact C2Care at technical@c2.care before ordering to ensure compatibility.

The use of the Software requires the following configuration: a connection to the Internet network at least at each renewal of periodicity, and to perform software updates. A constant internet connection is required for full use of the C2Care software suite and MyC2Care services.

The license is granted in single workstation and single user: a single user for a single computer workstation. The Healthcare professional also refrains from carrying out any processing or computer services for third parties by using the Software, in particular custom work.

The Healthcare Professional benefits from updates and functional evolutions of the subscribed Software during his subscription period.

The user licence shall take effect from the date of subscription and for the duration subscribed; it shall be tacitly renewed for an equal duration. The Healthcare Professional, if he/she wishes to terminate his/her subscription to C2Care software, may suspend his/her recurrence at any time. The customer will continue to have access to C2Care software until the end of the billing period. He will keep his access to his MyC2Care account as well as to all the free services available from the platform.

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Article 7. Obligations of the Healthcare professional

The Healthcare Professional undertakes to use the MyC2Care platform in compliance with all the requirements mentioned in these General Terms and Conditions.

If the Healthcare professional does not comply with the provisions and prescriptions of these General Terms and Conditions, he undertakes to compensate C2Care in the event of a complaint, action, prosecution or conviction of the latter by any third party and in any capacity whatsoever due to the failure of the Healthcare professional.

The Healthcare professional expressly accepts that the use of the MyC2Care platform and its services is under its sole responsibility.

Any unauthorized use in these Terms and Conditions is prohibited. In particular, but without limitation, the Healthcare professional shall refrain from:

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Article 8. Guarantees

C2Care services and software are standard services and software designed to satisfy the greatest number of users, and C2Care cannot guarantee that they will be adapted to the specific needs of certain healthcare professionals. C2Care does not guarantee the compatibility and interoperability of C2Care services and software with other Healthcare Professional software.
C2Care guarantees that the services and software are free of viruses on the delivery date. C2Care guarantees the upward compatibility of evolutions and new versions of services and software, as well as its non-regression in terms of functionality and technology. C2Care software is guaranteed for the duration of the license against any defects or design defects that would prevent its operation.

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Under the guarantee, C2Care will take charge of correcting errors or replacing defective Software, to the exclusion of any other direct or indirect damage, in particular related to the unavailability of software, regardless of the duration.
The Healthcare professional uses the software as a support for his own therapeutic method and the results obtained by its implementation are under his exclusive responsibility, without possible recourse against C2Care which does not guarantee any obligation of result. In particular, C2Care cannot be held liable for errors, whatever the cause, in the results obtained, which it is the Healthcare professional's responsibility to check.
C2Care cannot be held responsible for the accidental destruction of the Healthcare professional's data. C2Care does not guarantee therapeutic results obtained in the context of medical use. C2Care is subject to an obligation of means. It is the Healthcare professional's responsibility to download updates and report any anomalies in the running of the programs.

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Article 9. Maintenance

The Maintenance mission is composed of evolutionary maintenance and corrective maintenance. C2Care is in charge of the evolutionary maintenance of C2Care Software and services, in particular from the feedback from Healthcare Professionals users. Corrective maintenance is composed of two levels:

Article 10. Intellectual property and image rights

The creation of a MyC2Care account and the subscription to C2Care software does not confer any intellectual property rights on the Healthcare professional with respect to C2Care services and software, which remain the entire and exclusive property of C2Care. The Healthcare professional undertakes to respect the proprietary notices appearing on the software, media or documentation.

The Healthcare professional expressly agrees not to permanently or temporarily reproduce the Software in whole or in part, by any means and in any form, including during the loading, display, execution, transmission or storage of the software. The Healthcare professional shall refrain from translating, adapting, arranging or modifying software, exporting it, merging it with other software.

All the elements (texts, comments, illustrations, images, graphic charter) of the MyC2Care platform and C2Care Software are the property of C2Care. It is protected by international copyright laws and treaties as well as other international intellectual property laws and treaties. Any reproduction, copying, or downloading of all or part of the C2Care software without the consent of C2Care is strictly prohibited. Any total or partial reproduction of the above-mentioned elements constitutes an infringement of C2Care's rights.

All rights relating to the MyC2Care platform and the overall concept of C2Care's activity, their original and innovative nature, in particular intellectual property rights on texts, literary and artistic, graphic (including photographs) and audiovisual creations, computer developments, developments and other intellectual works and, more generally, all creations that may be protected by intellectual property rights such as images, logos, formatting, graphic design, structure, ergonomics, colour codes, typographies, fonts, basic graphic elements, graphic organization of screens, layout, page backgrounds, visual identity of the MyC2Care platform and C2Care software, sound elements or the brand belong to C2Care without any limitation.

The Healthcare professional undertakes not to directly or indirectly harm C2Care.

The Healthcare professional undertakes, in the context of remote sessions, to respect the right to the image of Patients, and not to take screenshots of patients'; photos and/or videos. The Healthcare professional is informed that any failure to comply with this clause constitutes a criminal offence.

Article 11. Counterfeiting

C2Care warrants that it owns the intellectual property rights to enter into this license and that it is not likely to infringe the rights of third parties. It guarantees that the Software is entirely original and does not constitute in whole or in part either counterfeiting or unfair competition.

Article 12. Right of analyse

In accordance with the provisions of Article L. 1226-1, III of the Intellectual Property Code, the Healthcare professional has the right to observe, study or test the functioning of C2Care software in order to determine the ideas and principles underlying the elements of the program when performing operations of loading, displaying, executing, transmitting or storing the Software.

Article 13. Droit de décompilation

The Healthcare professional is authorized to reproduce the code or translate the form of the Software code under the conditions restrictively provided by Article L 122-6-1, IV of the Intellectual Property Code in order to make the Software interoperable with other software, the decompilation of the Software for any other purpose being strictly prohibited. However, before performing any act of decompilation, the Healthcare professional must inform C2Care of his intention. The latter will then have 20 working days to provide him with the interfaces or information necessary for interoperability, or to indicate how to obtain this information. Thus, the Healthcare professional must formally refrain from any act of decompilation during this period.

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Article 14. Responsibilities

The Healthcare professional is solely responsible for the accuracy of the data and information he enters into his MyC2Care account.

The Healthcare professional acknowledges and accepts that no one can guarantee the proper functioning of the Internet as a whole. In the event of impossibility of access to the MyC2Care platform, due to technical problems or of any nature, the Healthcare professional will not be able to claim any damage and will not be able to claim any compensation.

C2Care assumes an obligation of means and cannot be held responsible for defects in the functioning of the MyC2Care platform solely because of their existence. C2Care's liability can only be established in the event of foreseeable damage resulting from a proven breach of its obligations directly attributable to C2Care.

C2Care will make its best efforts to allow continuous access to the platform with diligence and in compliance with the rules of the art, except where required for maintenance, possible breakdowns, technical or legal constraints, without these periods of interruption engaging C2Care's responsibility or giving rise to any right to compensation.

In no event shall C2Care be liable to the Healthcare Professional, including in the event of a claim by a third party, indirect damages in connection with the use of the platform or the inability to use it.

C2Care shall not be liable for any damage caused by the use of the C2Care platform and services that does not comply with these General Terms and Conditions, nor for any technical problem of the Healthcare professional on its terminal.

Article 15. Duration and Termination

These General Conditions are concluded for an indefinite period of time as from the acceptance of the General Conditions by the Healthcare professional.

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The Healthcare Professional may request the deletion of their MyC2Care account by sending an email to contact@c2.care. C2care will then terminate the account within 30 working days of receipt of the email. The deletion of his MyC2care account will automatically suspend the recurring subscription to C2Care software in the case where the healthcare professional has subscribed to a software subscription as well as its referencing on Psy.Live and partner sites. The deletion of the MyC2Care account will then only be effective at the end of the healthcare professional's subscription period.

According to the Article L221-28-13 of the Consumer Code «The right of withdraw cannot be exercisable for the supply of digital content not provided in the material form whose execution began after the prior agreement of consumer and express renouncement of his rights of withdraw» Due to the beginning of the use of the digital content after the moment of the order, meaning after the downoad of the software, the User acknowledges the material impossibility to return the digital content and therefore agrees to give up his right of withdrawal, in application to the Article L221-28-13 of the Consumer Code referred to in above.

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Article 16. Privacy Policy

C2Care guarantees that personal data, and in particular personal health data, will not be transmitted to any unauthorised third party.

Article 17. Applicable law and jurisdiction

<p>These General Terms and Conditions are subject to French law. They are written in French. In the event that it is translated into one or more languages, the French text alone shall prevail in the event of a dispute.</p> <p>Any difficulties relating to the validity, the platform, or the interpretation of these General Terms and Conditions shall be submitted, in the absence of an amicable agreement, to the Tribunal de Grande Instance de Toulon. </p> <p>The General Conditions are concluded Intuitu personae. The Healthcare professional may not transfer or assign in any way all or part of its rights and obligations resulting therefrom.</p> <p>If any of the non-essential clauses of these General Terms and Conditions should prove null and void or inapplicable by virtue of a law or regulation or following an enforceable decision of a court or competent authority, the parties expressly agree that these General Terms and Conditions shall not be affected by the nullity of the clause in question.</p>

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