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General terms and conditions of use and sale (CGUV) - Careveo

Preamble

The CGUV are available online on the careveo Sites. The Customer declares that he has read them and accepted them unreservedly. The use of the services offered by CAREVEO and the signing of the contract (creation of an account on the platform) imply the Customer's tacit and unreserved acceptance of and adherence to these CGUV and to the contract as defined below.

The purpose of the present General Terms and Conditions of Use and Sale (CGUV) is to define the conditions of access, use and sale of the services offered by the Careveo platform, accessible via website, mobile application, or connected booths.

They govern the contractual relations between :

  • Careveo SAS, a company with capital of €55,000, RCS Paris 982 641 664, registered office: 38 rue de Berri, 75008 Paris (France), and/or

  • Careveo Cameroun SARL, BP 15839 Yaoundé, Cameroon, tax number M0720147391181,

(hereinafter referred to as "Careveo"),
and any user (patient, practitioner, company, community, NGO or institution).

Article 1: Definitions

Careveoplatform : All thesoftware, methods and processes that enable Careveo to deliver all or part of the Services as described in art. 3 of these conditions.

Customer: Any natural person or legal entity having full legal capacity at the time of purchase or use of the Services offered by CAREVEO and/or any natural person using these same Services under the Customer's responsibility.

Account: Refers, on the careveo platform, to the screen page from which the Customer can consult all of his personal data communicated online to CAREVEO and which it is the Customer's responsibility to manage.

Contract: These GCSV and all contractual documents supplementing and/or amending them (special conditions of sale, order form, amendment, etc.).

Offer: means the service contract signed by the Careveo Customer specifying the scope of the service.

Service: Refers to the services that enable CAREVEO, in particular but without limitation, to offer Customers a set of services as defined in Article 3 of these General Conditions of Use.

Customer Service: all technical, commercial and complaint assistance services made available by the Company to its Customers at the following addresses:

Company: CAREVEO with capital of 55,000 euros, having its registered office at 38 rue de Berri, 75008 Paris, France and registered with the RCS Paris 982 641 664 at the date of conclusion of the present Contract / Careveo Cameroun SARL, BP 15839 Yaoundé, Cameroon, taxpayer n° M0720147391181

Site: Refers to the Web sites published by CAREVEO and accessible online atwww.careveo.com, www.careveo.cm, pro.careveo.com, pro.careveo.cm and all other careveo sites through which CAREVEO offers its Services.

Practitioner: A natural person duly authorized to perform a medical or paramedical act, registered on the Careveo platform as a healthcare professional, and involved in teleconsultation, face-to-face consultation, medical monitoring or the operation of a connected cabin.

Carrier: Refers to the transport service provider responsible for transporting and delivering the order subject to delivery or shipment.

Article 2 : Acceptance of the General Conditions

Use of the site is offered to the Customer subject to acceptance of the General Terms and Conditions in force. Consequently, by using this site, the Customer acknowledges that he/she has read the General Terms and Conditions and accepts them. Customers who do not accept these General Terms and Conditions may not access or use the Services.

CAREVEO reserves the right to modify or amend these General Terms and Conditions at any time. Consequently, it is the Customer's responsibility to consult these General Conditions regularly. Continued use of the Site after the effective date of any changes constitutes acceptance by the Customer of such changes.

Article 3 : Services

Careveo, a company specializing in telemedicine and connected health technologies, provides its Customers with a range of digital and hardware services designed to facilitate access to healthcare, optimize patient care and improve the efficiency of public and private healthcare providers.

The purpose of this service is to define the terms and conditions for the provision, access, use and maintenance of Careveo solutions, including in particular :

  • The Careveo software platform (teleconsultation, appointment management, medical records)

  • Connected teleconsultation and medical check-up booths

  • Technical support, training, interoperability and health data analysis services

Careveo provides access to a suite of professional applications, accessible via a browser or dedicated application, including :

  • Online appointment scheduling

  • Intelligent diary management for practitioners and facilities

  • Secure videoconferencing teleconsultation

  • Access to a shared, secure medical file

  • Medical messaging and/or document space

  • Specific solutions for professionals, companies, healthcare institutions, NGOs and local authorities.

This service is provided on a monthly or annual subscription basis, with terms and conditions (price, commitment, options) specified in the commercial offer or order.

The Careveo cabin is a medical device that can be used to carry out multi-parameter health check-ups (ECG, blood pressure, BMI, blood sugar, temperature, etc.), with automatic transmission of results to the platform. The cabin can also be used for teleconsultation with a remote practitioner.

The offer includes :

  • On-site installation and initial set-up

  • Training of userpersonnel

  • Remote technical support

  • Preventive and corrective maintenance

The business model is based on the purchase or monthly rental of the cabin, with an additional subscription for connectivity and software updates.

Careveo can provide optional services on request:

  • Business software integration

  • Ongoing training for users and healthcare professionals

  • Consolidated statistics and activity reports.

    Customer responsibilities

  • The Customer undertakes to:

    • Provide stable, secure network access that complies with the technical requirements provided by Careveo ;

    • Use the services in accordance with their purpose and good data confidentiality and security practices (in particular RGPD and local health laws) ;

    • Maintain the equipment provided by Careveo in good working order, in a secure location and in accordance with recommendations for use.

    • Limitations and exclusions

      Careveo acts as a technical intermediary between patients, healthcare professionals and operators. It does not directly provide medical services.
      Careveo cannot be held responsible for:

      • Medical decisions made by caregivers, healthcare institutions or third parties.

      • Service interruptions due to a lack of Internet access or elements external to its platform.

      • Refusal of reimbursement or disputes with third-party payers.

Article 4 : Financial conditions

Article 4.1 : Order processing

The Customer declares that he has read and accepted the present General Terms and Conditions before paying for his order, including in the case of a free service (e.g. "free test" or "trial period").

Validation of the order and/or signature of the Contract implies acceptance of the General Terms and Conditions. The data recorded by the Company constitutes proof of all transactions with the Customer. The Customer must check the completeness and accuracy of the information provided to the Company at the time of ordering, in particular the billing address.

The Company cannot be held responsible for any data entry errors and the consequences thereof.

Article 4.2 : Prices

The rates for services are specified in the order forms, quotations or price sheets in force.
Payments are made by direct debit, bank transfer or any other means accepted by Careveo.
In the event of non-payment, Careveo reserves the right to suspend access to its services after unsuccessful formal notice.

CAREVEO's service rates are available on request fromcontact@Careveo.com.

In all cases, unless otherwise indicated, the rates quoted do not include postal charges (e.g. mailing with acknowledgement of receipt), or charges for sending faxes and/or SMS. These will be invoiced in addition.

In the event that a trial period has been granted to the Customer, the terms and conditions relating to the possibility of trying out the Site and part of the Services free of charge for a specified period shall be specified in the Contract entered into between the Customer and CAREVEO. At the end of this trial period, the Customer has the option of continuing to use the Services, extending them or closing his account. If, at the end of the trial period, the Customer no longer wishes to use the CAREVEO Services, the Customer must notify CAREVEO in writing, and CAREVEO will close the Customer's account. If the Customer does not meet these requirements, CAREVEO reserves the right to invoice the Customer for the Services as described in the Agreement. CAREVEO reserves the right to change the rates for its Services by notifying Customers by e-mail.

Article 4.3 : Payment

Payment for services provided by CAREVEO is by default made by bank transfer or by Mobile Money payment, in accordance with the terms agreed at the time of order.

Any other method of payment remains possible, but in the event of recurring invoicing, a flat-rate management fee will be charged to the Customer.

In addition, any legal or administrative intervention required on the Customer's account (formal notice, contentious collection, opposition, legal proceedings or other) will give rise to full invoicing of the costs incurred, including bailiff's fees, consultancy or execution fees, without prejudice to interest on arrears and any damages.

Article 5 : Term, Termination and Cancellation

CAREVEO may terminate the Customer's account governed by these Terms at any time, at its sole discretion: (a) at any time, for any reason during a free trial period; or (b) upon notice from CAREVEO to the Customer following any breach of these Terms. Notification may be made by e-mail or by postal mail with return receipt requested. All fees due will become due and payable immediately if CAREVEO closes the Customer's account. CAREVEO will not issue any refunds in the event of a risk or suspicion of a breach of these Terms, applicable laws or any inappropriate behavior such as using the Services to send emails that do not comply with our Anti-Spam Policy described in Section 6 of these Terms and Conditions.

In the absence of a specific contractual provision, the Customer may, at any time, request Careveo in writing to terminate the use of Careveo's services. In this case, within 30 days of receipt of the letter or e-mail, Careveo undertakes to stop billing for the service. Certain clauses (confidentiality, intellectual property, etc.) will survive the end of the contract.

The Customer acknowledges and accepts that termination does not entitle the Customer to claim any refund or compensation from Careveo. Upon termination or expiration of this agreement, CAREVEO may prohibit the Customer from accessing its account, as well as the content held by CAREVEO, regardless of the storage medium.

Article 6: Anti-Spam Policy

According to the French Data Protection Authority (CNIL), spam is the repeated sending of unsolicited electronic messages to persons whose e-mail and/or telephone number has been irregularly captured and who have never consented to receive them. In order to offer a high quality service and to protect all our users, customers undertake, when registering, to respect the following rules to combat spamming:

  • The Customer undertakes to minimize the "Spam" character of emails or SMS: the subject of the email / SMS must not be disappointing and must not mislead the recipient of the email / SMS; the content of the message must correspond to the expectations of the recipient.
  • The Customer undertakes to clearly indicate the name and status of the sender of emails: no email should contain fraudulent or inaccurate headers. In particular, the "From", "To" and "Reply To" fields, as well as the associated domain and e-mail address, must be accurate and clearly identify the sender.

The Customer undertakes not to send any e-mail or SMS containing an illegal or illicit message: no e-mail or SMS may contain information of an illegal, defamatory, racist, pornographic, paedophilic nature, inciting to racial hatred or more generally infringing personal rights; no e-mail may contain information damaging the reputation of CAREVEO, its affiliates, customers, partners or members.

Article 7 : Intellectual property

CAREVEO holds all intellectual and industrial property rights pertaining to the Careveo Corporate Site or the Careveo Application. As a Customer, the latter undertakes not to reproduce any of the elements of the Site and the Application. Any use to the contrary of all or part of the Site or of any of its elements would constitute an infringement liable to result in civil and/or criminal proceedings against the Customer.

Article 8: Customer commitments & guarantees

Article 8.1 : Obligation of confidentiality

The Customer undertakes not to communicate to a third party any information obtained through the use of the Site or the Services, and in particular the marketing of information from which he/she benefits as a Customer.
However, Careveo reserves the right to use the results and analyses made from the information provided by the Customer, in particular for the creation of trends, and to distribute them as it sees fit.

Article 8.2 : Malicious acts

The following are strictly forbidden, on pain of prosecution

  • any behaviour likely to interrupt, suspend, slow down or prevent the continuity of the Services;
  • any intrusion or attempted intrusion into the Site's systems;
  • any misappropriation of the Site's system resources
  • any action likely to impose a disproportionate load on the Site's infrastructure;
  • any breach of security and authentication measures; and
  • any act likely to prejudice the financial, commercial or moral rights and interests of CAREVEO or its Customers.

It is strictly forbidden to access or attempt to access the CAREVEO Services by means of an application other than those made available to customers by CAREVEO.
In the event of a breach of any of the provisions of this paragraph or, more generally, of the laws and regulations of any country, CAREVEO reserves the right to suspend use of the Site and Services by the Customer at any time and without notice.

Article 8.3 : Warranties

The Customer remains fully responsible for its use of the Careveo platform and for the data and content it transmits or processes.

The Customer undertakes to guarantee, defend and indemnify CAREVEO against any claim, action or liability resulting from :

  • a proven or alleged violation by the Customer of any applicable law or regulation (national or international), particularly in the fields of health, data protection, telemedicine or electronic communication ;

  • any non-compliant use of the platform or associated services (booths, software, API, etc.);

  • any action on the part of the Customer, its employees or service providers which may harm a third party in connection with the use of Careveo services.

In particular, this warranty covers any damages, losses, liabilities, costs, damages, fines, penalties or legal fees (including attorneys' fees) incurred by CAREVEO as a result of the Customer's wrongful or unlawful use of the Services.

Article 9: Responsibility of Careveo

Article 9.1 : Commitment of CAREVEO

The CAREVEO company undertakes to provide its services with diligence and professionalism, in accordance with the rules of the trade and within the framework of an obligation of means, and not of result.

CAREVEO makes every reasonable effort to ensure the continuity, reliability and performance of its services.under the terms of the contract. However, the operation of certain services may depend on external data sources (such as the Internet access provider, the electricity supplier, the hosting company for the caraveo platforms, the bank payment APIs or Mobile Money).

In particular, when the service offered by CAREVEO relies on the automated collection of data from third parties (e.g., carriers, connected organizations or public services), the nature, frequency or structure of such data may be modified without notice by said third parties. CAREVEO cannot be held responsible for any such changes or their consequences.

Such modifications may require :

  • technical adaptation or relearning of CAREVEO's analysis algorithms;

  • temporary interruptions or slowdowns of the feedback service, without prior notice.

In this context, CAREVEO does not guarantee the uninterrupted availability or immediate accuracy of information from uncontrolled third-party sources.

Furthermore, no contractual or technical agreement obliges third parties to notify CAREVEO of any changes to their services, nor to guarantee any level of data quality. As a result, neither CAREVEO nor these third parties can be held responsible for the unavailability or temporary inaccuracy of information transmitted via these interfaces.

Article 9.2 : Limitation of liability

CAREVEO provides its services on a best-efforts basis, and undertakes to take all necessary steps to ensure their proper functioning, accessibility and security.

However, CAREVEO may not be held liable for direct or indirect damage resulting from :

  • temporary or partial unavailability of its services,

  • interruptions due to maintenance, updating or improvement operations,

  • or malfunctions due to external causes (Internet network, customer infrastructure, third-party service providers, etc.).

Where Careveo's services rely on data or flows from third-party systems (e.g. carriers, healthcare platforms, open APIs, etc.),the company cannot be held responsible for the modification, interruption or failure of these external sources, over which it exercises no technical or contractual control.

In particular:

  • The quality, completeness or accuracy of the information provided by these third parties cannot be guaranteed;

  • CAREVEO shall not be held liable for any decision or action taken by the Customer on the basis of such data, where such data is erroneous or obsolete due to the fault of the original supplier.

Finally, the Customer remains solely responsible for the use he makes of Careveo services, as well as for the data he enters, collects or consults. It is the Customer's responsibility to carry out all necessary checks before taking any action (clinical, administrative or logistical) based on this information.

Article 9.3 : Force majeure

Given the current state of technology, the Company undertakes to provide the services offered on the Site under the best possible conditions. However, the Company shall not be held liable in the event of interruption to the Site resulting in particular from force majeure, a third party, a Customer, or technical hazards.

The Company may not be held liable in the event of failure to meet its contractual obligations due to unforeseeable, irresistible circumstances beyond the control of the parties.
The Parties agree, without this list being limitative, that damage originating from or caused by : natural disasters, fires, floods, lightning, power surges, strikes, power supply stoppages, telecommunications network failures, civil or foreign wars, riots or civil commotion, terrorist attacks, regulatory restrictions on the supply of telecommunications services, loss of connectivity and connection due to the public and private operators on which the Company depends.

These events suspend the Company's obligations under the Contract. However, should any of these events last for more than three (3) months, the Parties may unilaterally terminate the Contract by sending a letter by registered mail with acknowledgement of receipt, notifying the Company of this decision.

Article 10: Privacy policy - Personal data

Careveo undertakes to process personal data in compliance with applicable regulations, in particular:

      • the General Data Protection Regulation

      • the French Public Health Code

      • the French Commercial Code

        The data collected remains in the country of collection.

        Careveo undertakes to guarantee thatall personal and health data collected via its services (platform, booths, teleconsultations) arehosted and processed exclusively in the country of collection, unless the patient explicitly agrees otherwise or there are justified regulatory constraints.

        This means in particular that :

        • Data collected in Cameroon, forexample, ishosted locally orin a datacenter located on Cameroonian territory, or in an approved infrastructure that complies with the standards in force in the country;

        • Data collected in France or the European Union ishosted in France or the EU, onHDS-certified servers(Hébergement de Données de Santé);

        • No health data is transferred outside France without a legal basis, a contractual framework and prior patient information.

Data controller : Careveo
Purpose: Management of users, teleconsultations, medical records and billing. More specifically, data is processed for the following purposes:

  • Management of appointments and teleconsultations

  • Access to and sharing of secure medical records

  • Measuring health parameters via connected cabins

  • Monitoring quality of service and care

  • Invoicing, billing history and accounting obligations

  • Service improvement, prevention and research

  • Compliance with legal health and safety obligations

Categories of data collected:Depending on the use of our services (platform, cabin, teleconsultation, etc.), we collect :

  • Identification data: surname, first name, email, telephone, address, date of birth.

  • Health data: symptoms, medical parameters (ECG, blood pressure, blood sugar, etc.), medical history, prescriptions.

  • Connection data: IP address, logs, timestamps, device used.

  • Professional data (for practitioners and establishments): registration number, specialty, schedule, supporting documents.

  • Payment and billing data: IBAN, invoices, transactions (not directly by credit card, managed by secure service provider).


Legal basis :

  • Explicit consent of the user

  • Performance of a contract (subscription, teleconsultation, etc.)

  • Compliance with a legal obligation (accounting, public health)

Destination of data:

Personal data may be transmitted to :

  • Healthcare professionals authorized to intervene in your care programme

  • Health establishments

  • Competent authorities, upon legal request

Your data will never be sold or transferred to third parties for commercial purposes.


Users' rights : In accordance with regulations on the protection of personal data, the Customer or User may at any time exercise his or her rights of access, rectification, deletion, limitation or portability, under the conditions laid down by the regulations.
Contact: privacy@careveo.com
Retention period : Personal data processed by Careveo is kept for a limited period, strictly necessary for the purpose for which it was collected, and in accordance with legal obligations, particularly with regard to health data, commercial relations and contractual evidence.

In particular:

  • Data relating to the patient's medical file (health information collected in the context of teleconsultations or via medical booths) are stored in accordance with the provisions of the French Public Health Code.

  • Data relating to user account management, appointments, messages and consultation history are kept in accordance with regulations, for evidence purposes (commercial prescription).

  • Accounting and supporting documents (invoices, contracts, proof of payment) are kept in accordance with the French Commercial Code.

At the end of these periods, data is deleted, anonymized or securely archived, except in the case of ongoing litigation.

Article 11 : Compliance with the law

By using the Services, the Customer agrees to comply with all applicable laws.

Article 12 : Applicable law and jurisdiction

French law and the laws of the countries concerned govern these General Terms and Conditions of Use. In the event that the General Terms and Conditions of Use and Sales are translated or presented on the site in a foreign language, only the French version of the General Terms and Conditions of Use between the Customer and CAREVEO shall prevail.

Any action or suit related to this agreement must be brought before the French courts, in the Tribunal de Commerce de Paris.