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, Ilôt Les Picôtières, 101 Avenue Desmazures, 83110 Sanary-Sur-Mer. 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 16 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 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 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 : designates these general conditions applicable between C2Care and the Healthcare Professional, which it declares to accept when registering for C2Care services, which govern the use of all the services offered by 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.
Article 2. Purpose and acceptance of the General Terms and 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 Terms and condition of Use and Sales », 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.
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. Subscription to software
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 email@example.com 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.
Article 5. Obligations of the Healthcare professional
Compliance with the General Conditions:
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:
Using the MyC2Care space for purposes other than those described in these General Conditions
Copying, reproducing, modifying in any way, integrate into another product, all or part of the MyC2Care space and C2Care Software, even to correct any errors it may contain, this option being exclusively reserved for C2Care
Disassemble or practice some reverse engineering, try to discover the source codes (strictly confidential) and / or the data files specific to the MyC2Care space and to C2Care Software, including to make the space interoperable with other hardware or software inconsistently with current legislation
Distribute, give, sell, sublicense, or otherwise transfer, even free of charge, all or part of the rights conferred by these General Conditions, by any means, to anyone
Remove, hide or alter any mention of ownership or label affixed on or in the credits of the MyC2Care space and C2Care Software.
Article 6. 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.
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.
Article 7. 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:
Level 1 corrective maintenance includes the detection and resolution of minor anomalies, which can be corrected directly by the healthcare professional, using information and tools transmitted by C2Care.
Level 2 corrective maintenance includes the detection and resolution of blocking anomalies, which can only be resolved by C2Care. Anomaly reports must be confirmed by email to C2Care without delay.
The reporting is taken into account within 48 working hours. C2Care proceeds to the diagnosis of the anomaly and then implements its correction by all means available to it.
A support service by phone to deal with anomalies is available from Monday to Friday from 9 a.m. to 12:30 p.m. and from 2:30 p.m. to 5:30 p.m. on working days. The healthcare professional authorizes remote interventions on the Software, by C2Care.
C2Care is not responsible for maintenance in the following cases:
Refusal of the Health Professional to collaborate with C2Care in the resolution of anomalies and in particular to answer questions and requests for information
Use of C2Care services and software not in accordance with its intended purpose or its documentation
Unauthorized modification of services and software by the Healthcare Professional or by a third party
Failure of the Healthcare Professional to fulfill its obligations under the contract or the general conditions of use
Failure of electronic communication networks
Voluntary act of degradation, malice, sabotage
Deterioration due to force majeure or improper use of services and software.
Article 8. 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.
Article 9. 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 10. 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 11. Right to unbuild
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.
Article 12. 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.
C2Care or, where applicable, its hosts and technology suppliers, cannot be held liable in the event of damage resulting from:
From a fault of the Healthcare Professional
Non-compliance by the healthcare professional with these General Conditions
Access to the data of the healthcare professional by a third party due to the fault or negligence of the healthcare professional
Fraudulent or improper use of space and / or services by the Healthcare Professional
Compromise of the confidentiality of the password due to the fault or negligence of the Healthcare Professional
Statements or behaviors of the Healthcare Professional with regard to the Services offered by C2Care and its hosts and technology providers
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 13. 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.
The Healthcare Professional may request the deletion of their MyC2Care account by sending an email to firstname.lastname@example.org. 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.
C2Care guarantees that personal data, and in particular personal health data, will not be transmitted to any unauthorised third party.
By using C2Care services, you expressly authorize:
The collection and processing of your personal data entered during your registration by the company C2Care to ensure the establishment and proper functioning of the MyC2Care functionalities and C2Care software.
The hosting of your personal data by the company OVH in accordance with its quality as a host of personal health data approved by the Ministry of Health.
In order to comply with the provisions of the Public Health Code concerning Personal Health Data, C2Care uses an approved host of health data: OVH, Simplified Joint Stock Company with a capital of 10,069 20 euros registered with the RCS Lille Metropole under the number 424 461 419 00045 and whose head office is located 2 rue Kellermann, 59100 Roubaix
It is also recalled that each User contributes to the protection of his Data by complying with good practices in the use of IT tools (for example not transcribing his password). The Healthcare Professional is solely responsible for the use made of their identifiers, even if the Healthcare Professional pre-registers their Identifier on their computer, or any other type of equipment, thus allowing connection to Software.
For health data collected during the creation of patient files, the edition of patient files, monitoring of virtual reality exhibitions, prescriptions and scheduling of appointments, C2Care uses an approved data host health: OVH. Each healthcare professional is however considered responsible for the processing of personal healthcare data; C2Care can therefore only intervene on personal data processed by healthcare professionals on the instruction of the healthcare professional responsible for treatment.
Article 15. Applicable law and jurisdiction
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.
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.
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.
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.
Article 16. Legal / Contact
The MyC2Care space is edited by SAS C2Care, a simplified joint stock company, with share capital of 744,449.28 euros, registered in the Toulon Trade and Companies Register under number 815 196 332, whose head office is located SAS C2Care, Ilôt Les Picôtières, 101 Avenue Desmazures, 83110 Sanary-Sur-Mer.
The director of publication of the space is Mr. Romain Streichemberger, in his capacity as President of SAS C2Care.