These terms of use of the website feeli.io (hereinafter the "Site") and of its Feeli Mobile application (hereinafter the "Application") govern the conditions under which FEELI (FEELI, Société par actions simplifiée with a share capital of 250.000 euros, registered with the RCS of Paris under number 841 870 678, whose registered office is located at 88 Avenue Charles de Gaulle, 92200 NEUILLY-SUR-SEINE, represented by Monsieur Benjamin ZERAH acting in his capacity as President), grants to the user of the Site or of the Application, a natural person of legal age (hereinafter the "User"), the rights to access and consult them subject to acceptance of the terms of use.
These terms of use set out the rights and responsibilities as well as the financial conditions attached to the use of the Site and of the Application.
By registering on the Application and/or the Site, the User acknowledges, accepts and approves these terms of use.
This acceptance shall be evidenced by ticking the box provided for that purpose upon registration within the Application and/or the Site.
FEELI reserves the right to modify and supplement these terms of use at any time.
In the event of modification, the User shall be notified thereof upon their next login to the Site or the Application, and shall accept these modified terms of use in order to continue using the Application and/or the Site. This acceptance shall be evidenced by ticking the box provided for that purpose upon their next login within the Application and/or the Site. Failing this, the User shall be deemed not to have accepted the new terms of use and shall no longer be able to benefit, in the future, from FEELI's services, on the Site and/or the Application. The User may then retrieve their data but the Partner's account shall be deleted by FEELI in accordance with its account management policy.
FEELI may be contacted at the following address: https://feelisupport.zendesk.com/hc/fr
Article 1. Services offered by the Site and the Application
The Site and the Application allow the User to access general health information.
The User may also enter information relating to their health in order to complete their online medical record and to have it transmitted to the Doctors they consult.
FEELI also provides, through partner doctors (the "Doctor(s)"), a Teleconsultation service as well as online medical opinions and advice. A "Teleconsultation" service means the consultation between the Doctor and a User, who may or may not be accompanied by another healthcare professional such as their attending physician, by means of information and communication technologies. This Teleconsultation is provided by videoconference or by an instant messaging system, following the request made remotely by the User through the Application and/or the Site. These services constitute a medical consultation in the same way as a physical consultation.
Teleconsultations may give rise to the entry of information within the User's medical record on the Site and/or the Application, the User being free to access, modify or delete it at any time.
The healthcare partners designated as doctors in the Application are all registered with the Conseil National de l'Ordre des Médecins (French National Medical Council).
Furthermore, the information exchanged between the User and the Doctor is subject to a requirement of confidentiality, pursuant to medical confidentiality, and its interpretation is the sole responsibility of the User.
FEELI processes confidential information, and in particular personal and medical data, in accordance with its privacy policy, accessible at the following address: www.feeli.io/privacy (the "Privacy Policy").
Article 2. Registration on the Site and the Application
By using the Site and the Application, the User enters into a contract with FEELI ("the Contract").
In order to use the Application or the Site, the User must register by providing a username and a password, which will then be used to log in to their account.
The User is advised to provide a strong password. The User is responsible for its strength. FEELI shall not be liable in the event of access to the account by a brute-force attack.
The User must be at least fifteen (15) years of age in order to use the Site or the Application.
The User declares that they are a natural person and have the legal age and the capacity required to enter into a binding contract.
Access to and consultation of the Site and the Application are reserved solely for Users located within French territory. The Site and the information may not be appropriate outside the territory of France, in particular with regard to the specific nature of applicable foreign regulations.
The Site and the Application published by FEELI comply with French regulations. Consequently, FEELI may not be held liable, in the event of consultation of the Site or the Application by a User located outside French territory, in the event of non-compliance with applicable foreign regulations.
FEELI may delete the account of any User who does not comply with these conditions, without incurring any liability.
Article 3. Access to the Site and the Application
Access to the Site and the Application requires the creation of a personal account by the User.
Any personal data entered into the account by the User is governed by the Privacy Policy.
FEELI ensures the secure use of the Site and the Application. However, given the nature of the Internet, FEELI cannot guarantee absolute security of the Site and the Application and is bound only by an obligation of means.
By using the Site and the Application, the User is responsible for maintaining the security and confidentiality of their personal account and password. The User must under no circumstances disclose their password to a third party. If the User has reason to believe that a third party has knowledge of their password, or that their personal account or password is being used by a third party, they must inform FEELI immediately at the contact address set out in these general terms and conditions. The User agrees to assume responsibility for any act carried out via their username and password.
Access to the Site and the Application may at any time be restricted to allow for the maintenance, repair or updating of the Site and the Application.
FEELI does not undertake that the Site and the Application will be available at all times and cannot be held liable in this respect. In the event of unavailability, FEELI will use its best efforts to restore access to the Site and the Application.
FEELI reserves the right to discontinue the Site and the Application at any time. In such a case, the rules applicable to termination shall apply.
These general terms of use produce their effects throughout the use of the Site and the Application by the User.
FEELI may however, at any time, close a User's account without prior notice, in the event of a breach of the provisions of this Contract, and even after such closure the articles relating to "Warranty and Liability" and "Indemnification" shall retain their full effect.
Article 4. Rules for use of the Site and the Application
Article 4.1. Operation of the Site and the Application
The User undertakes, when using the Site and the Application, not to hinder or disrupt the proper functioning thereof, of the servers or of the networks connected thereto, or to modify, adapt or hack the Site or the Application, or to modify a third-party site in such a way as to create confusion as to its connection with the Site or the Application.
The User undertakes not to use the Site or the Application in an unlawful manner or in a manner contrary to this Contract.
Article 4.2. Prices and payment
The services provided on the Site and the Application are subject to payment.
The prices of these services are indicated on the Site and the Application.
The User acknowledges having read and accepted them prior to entering into these terms of use.
By these presents, the User declares that they hold the rights to use the selected payment method.
When placing the order, FEELI requests a bank card pre-authorization on the User's bank card.
The amount of the order is debited by FEELI once the teleconsultation has been carried out by the Doctor.
The prices shown on the Site and the Application are prices inclusive of all taxes (TTC), including all taxes in force on the date of the order.
The amount of the services set by Feeli is outside the schedules (nomenclatures) of the French health insurance (assurance maladie).
Article 4.3. Order process
The steps for ordering a service from FEELI and the Doctors are as follows:
- Creation of an account by the User or login to their account;
- Choice by the User of the service to be ordered and provision of the information necessary for the provision of the service;
- Review and validation of the general terms and conditions by the User;
- Validation of the order by clicking on the validation button;
- Choice of the payment method for the order and provision of the billing information;
- Display of the order summary for final validation;
- Validation of the order and conclusion of the contract between FEELI and the User
- Sending by FEELI of an order confirmation email to the User, setting out the entire order as well as a reminder of the general terms and conditions.
Article 4.4. Refunds
Teleconsultations may be reimbursed by the User's complementary health insurance (mutuelle).
FEELI does not guarantee that the Teleconsultation will be reimbursed by health insurance contracts.
Article 5. Nature of the information available on the Site and the Application
The Site and the Application may contain public health information which is intended exclusively for the User's general information. This information cannot in any way replace the opinion of a doctor or of any other health specialist. The information contained on this Site or this Application must not be used to establish a diagnosis or determine a treatment, unless it is a Teleconsultation. Users are advised to consult a doctor, either in person or by Teleconsultation via the Site or the Application, in order to obtain a medical opinion, following the information found on this Site or this Application.
The Site or the Application allow the User to be put in contact with Doctors, for Teleconsultations. Each Doctor ensures that the services provided are provided in compliance with the Code of Medical Ethics (articles R.4127-13 and R.4127-14 of the French Public Health Code). The Teleconsultation is not the responsibility of FEELI. Each Doctor providing a Teleconsultation service assumes responsibility for it vis-à-vis the User.
Furthermore, the User must not start, modify or interrupt a treatment on their own initiative without having first consulted a Doctor. The Site and the Application do not have the effect of allowing the User to establish a diagnosis or a treatment themselves.
Article 6. Compliance with medical ethics
The Doctors of the Site and the Application have signed a partnership agreement with the company FEELI.
Each partner Doctor and healthcare professional undertakes to provide medical information that is appropriate and intelligible to Users, within their field of qualification. The Doctors, acting in complete independence from the company FEELI, assume full responsibility for the information they provide to Users of the Site and/or the Application, and for the Teleconsultations carried out.
The Doctors are bound by medical confidentiality and no confidential data is transmitted by unsecured means. The data is collected and processed in accordance with the Privacy Policy.
Article 7. Changes to the Services and/or terms of use
FEELI reserves the right, as it sees fit, to modify, suspend or discontinue the Site or the Application at any time (in particular the availability of a feature, a database or content), without notifying the User and without incurring any liability.
FEELI may also impose limits on certain features and certain services, or restrict wholly or partially access to the Site or the Application without notifying the User and while declining all liability.
Article 8. Warranty and Liability
Article 8.1. Liability regarding content
The Site and the Application do not emanate from an official health body. FEELI will endeavour to present on the Site and the Application information that is accurate, reliable and regularly updated but provides no warranty as to its accuracy, its completeness and its updating.
FEELI will endeavour to maintain the Site, the Application and their content in a correct and up-to-date state, but does not guarantee that the Site and/or the Application (and their content) are free from errors, defects, malware or viruses, or that the Site and/or the Application are correct, up-to-date and accurate.
FEELI may therefore not be held liable for any error or omission whatsoever affecting the content of the Site or the Application.
Article 8.2. Liability regarding the services provided
The information, recommendations and/or services which are provided to the User by the Site and the Application constitute only general information and not opinions.
The Teleconsultations are provided by Doctors and healthcare professionals, partners of FEELI, who assume full responsibility for them.
The quality of the Teleconsultations lies entirely within the responsibility of the Doctors, healthcare professionals, partners of FEELI.
FEELI declines all liability in connection with the Teleconsultations, advice, opinions and acts provided by the Doctors and healthcare professionals and with regard to any possible consequence of these Teleconsultations, advice, opinions and acts.
Any complaint concerning the Teleconsultations, opinions, advice and medical acts provided by the healthcare professionals partners of FEELI must consequently be addressed to the latter.
Article 8.3. General liability
FEELI may not be held liable for any direct or indirect damage resulting from the visit of a User or that of third parties to the Site or the Application, from the use or the impossibility of using the content of this Site or this Application.
This limitation of liability concerns any type of direct or indirect damage, including in particular loss of operations, loss of turnover, loss of orders, loss of profit, loss of data or other information, loss of clientele, loss of anticipated savings, damage to image and reputation, loss of opportunity.
FEELI shall also not be liable for damage caused by malware, viruses or by any inaccuracy or omission of information, of the Site or the Application, unless the damage results from a deliberate act or gross negligence on the part of FEELI.
Without prejudice to the foregoing and to the extent permitted by applicable law, FEELI's overall liability shall never exceed an amount of five (500) euros.
Article 8.4. Warranty
By consenting to these general terms of use, the User agrees to hold harmless and indemnify FEELI against any action or claim by a third party by reason of their use of the content, of the Site or of the Application, or of their non-compliance with any of these terms of use.
In this respect, they undertake to bear the entirety of the damages to which FEELI may be ordered as well as the legal costs and fees incurred by FEELI in this respect.
FEELI will inform the User as soon as possible of such a claim or legal action.
FEELI reserves the right, at its choice and at its expense, to participate in the defense and/or the amicable settlement of a claim or to assume sole defense and control of the proceedings, without releasing the User from their indemnification obligations.
The User undertakes not to accept an amicable settlement that would call into question FEELI's liability or impose any obligation on it, without FEELI's prior consent.
Article 9. Indemnification
By accepting these terms of use and by using the Site and/or the Application, the User agrees to defend, indemnify and hold harmless FEELI and each of its officers, directors, other users, employees, agents, partners and representatives against claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:
a. a breach of the provisions of these terms of use or of any applicable law or regulation, whether or not referred to herein, of which the User is guilty;
b. a violation of the rights of third parties by the User, including of the Doctors, healthcare professionals contacted via the Site and/or the Application;
c. the use or fraudulent use of the Site or the Application, of which the User is guilty.
Article 10. Protection of personal data
In the context of the provision of services by FEELI and the Doctors, personal data, and in particular medical data, may be collected and processed by FEELI and the Doctors.
The methods of collection and processing of this personal data are governed by the Privacy Policy, accessible at the following address: www.feeli.io/privacy
Article 11. Links pointing to the Site and/or the Application
A User who has a website and who wishes to place on their site, under their sole and entire responsibility, a simple link pointing to the Site and/or the Application, must first request written authorization from FEELI, by email to its customer service.
The setting up of "deep" hypertext links ("deep link") or links pointing to the Site and/or the Application using the "framing" technique is strictly prohibited.
All links pointing to the Site must be removed upon simple request by FEELI.
Article 12. Grant of license for the Application
FEELI grants the User a limited, non-exclusive and non-transferable license which allows them to download and install free of charge a copy of the Application on their smartphone or any other medium using the AppStore and Google Play download modules and to use this copy of the application for personal purposes only.
This license is granted for use in France, for the duration of this Contract.
Article 13. Advertising
When using the Site or the Application, links leading to websites owned and controlled by third parties may be provided from time to time, to allow you to get in contact with these third parties, to purchase their goods or their services, to take part in their promotions. These links take you out of the Site and/or the Application and are not controlled by FEELI.
The User may access these websites via the links, in order to become acquainted with their own terms and conditions and their privacy policy. FEELI is not responsible and cannot be held responsible for the content and activities of these websites. Consequently, the User visits these websites and accesses them at their own risk.
These other websites may send their own cookies to users, collect data or request personal information. These sites are governed by their own terms of use and personal data protection charter which FEELI recommends you read before consulting them.
Article 14. Intellectual property rights
FEELI alone holds all rights, titles and interests, including all related intellectual property rights, in and to the Site and the Application, and the suggestions, ideas, improvement requests, comments, recommendations and other information that the User or any other party communicates concerning the Site and/or the Application.
These terms of use do not constitute a sale and do not confer on the User any direct or indirect property right over the Site or the Application, and no intellectual property right held by FEELI. The name, the logo and the product names of FEELI, associated with the Application and the Site, are trademarks of FEELI. FEELI grants no right or license to use these trademarks.
Article 15. Duration and termination of the Contract
Article 15.1. Duration
The Contract is entered into between the User and FEELI for an indefinite period.
Article 15.2. Termination of the Contract
The User may terminate the contract at any time by deleting their account.
The User may close their User account at any time by following the instructions set out on FEELI's Site and Application.
FEELI may terminate the Contract at any time, with immediate effect if the User breaches any of these terms of use and/or if the User appears to be using the Application or the Site in an abusive manner. FEELI is then not required to notify the User in advance of the termination of the Contract.
In the event of termination by FEELI or closure of the account by the User in accordance with the procedure provided on the Site, the unused credits on the User's account are refunded to the payment method provided by the User or by any other means in the event of a technical constraint (for example an expired card or withdrawal of the payment method), within a reasonable time.
Upon such termination or closure of the account, the User's personal data collected by FEELI will be entirely deleted from its servers.
Article 16. Other provisions
Article 16.1. Applicable Laws and Jurisdictions
These terms of use are governed by French law. Disputes, claims or contestations arising or occurring in connection with these terms of use or their breach, their termination, their enforcement, their interpretation or their validity or the use of the Site or the Application (collectively, "disputes") shall be settled exclusively by the competent court of Paris (France), unless the User notifies FEELI, within the month following the invocation of their right to bring legal proceedings in Paris (France) that this provision confers on them, that the User requests the settlement of the dispute, claim or contestation before the nearest competent court.
In the context of a dispute between the parties and following the failure of a written complaint by the User to customer service or in the absence of a response from that service within a reasonable time of one (1) month, the User, as a consumer, may resort to any alternative dispute resolution method and in particular to a mediation procedure by accessing the European online dispute resolution platform at the following address: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.show&lng=FR which will attempt, in complete independence and impartiality, to reach an amicable resolution of the dispute.
The User, as a consumer, remains free to accept or refuse recourse to mediation and, in the event of recourse to mediation, each party is free to accept or refuse the solution proposed by the mediator.
Article 16.2. Invalidity
The nullity of one of these terms of use shall not affect the validity of the other provisions of these terms of use.
If and to the extent that one of these terms of use is null or unacceptable given the circumstances, in accordance with the criteria of reasonableness and fairness, it shall be replaced by a provision that is acceptable given all the circumstances, which corresponds as closely as possible to the spirit of the null condition, taking into account the content and the purpose of these terms of use.
Article 16.3. Evidence
The computerized files, data, messages and records kept in the computer systems of each party shall be admitted as evidence of the communications, agreements and payments made between them.
Article 16.4. Non-waiver
FEELI and the User mutually agree that tolerating a situation does not have the effect of granting acquired rights.
Moreover, such tolerance cannot be interpreted as a waiver of the right to assert the rights in question.
Article 16.5. Survival
All provisions of these general terms and conditions deemed or intended to continue after the termination of the general terms and conditions are enforceable against the other party, its successors and assigns notwithstanding any termination or expiration of the general terms and conditions.
Article 16.6. Force Majeure
In the context of the performance of the general terms and conditions, the parties shall not be held liable in the event of failure to perform their obligations by reason of any event of force majeure.
For the purposes of the general terms and conditions, force majeure means any unforeseeable, irresistible event beyond the control of the parties within the meaning of French law and case law.
In the event of the occurrence of a case of force majeure, this shall have the effect of suspending the performance of the obligations of the party that is prevented from performing them, subject however to it immediately notifying its existence to the other party, using its best efforts to limit the consequences thereof and resuming the performance of the general terms and conditions as soon as the event or the circumstances of force majeure disappear or cease. The party affected by the force majeure must collaborate with the other party so that the harmful consequences of the non-performance of the general terms and conditions are limited as far as possible.
To the extent that such circumstances continue for a period exceeding thirty (30) calendar days, the parties may terminate the general terms and conditions without notice.
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