“Client“: refers to any individual over the age of eighteen, who has created an Account and at least one Profile on the Platform and subscribes to the BEWELL CHECK-UP Service personally and not as a professional;
“Account”: refers to the Client’s account created on the Platform, in accordance with the conditions stipulated in article 6 of the General Terms and Conditions of Use of the Platform, allowing the Client to subscribe to the BEWELL CHECK-UP Service;
“General Terms and Conditions”: refers to these general terms and conditions of subscription defining the terms and conditions of sale of the BEWELL CHECK-UP Service to the Client by VISIOMED;
“Parties”: refers to both the Client and VISIOMED;
“Platform”: refers to the BEWELLCONNECT platform which can be downloaded to a Smartphone or a Tablet, from which the BEWELL CHECK-UP Service may be used;
“Profile”: refers to the personal pages created according to the terms stipulated in article 6 of the General Terms and Conditions of Use of the Platform, which can be accessed from the Platform via the Account;
“BEWELL CHECK-UP Service”: refers to the service offered by VISIOMED via the Platform allowing users to benefit from a personal healthcare assistant to obtain weighted guidelines on diagnosis from information entered via the BEWELL CHECK-UP Service or data relayed from the use of the products, weighted guidelines on diagnosis prepared by Medical Intelligence Service, a definition of the weighted guidelines on diagnosis and advice provided by the latter. The use of the BEWELL CHECK-UP Service is subject to specific general terms and conditions of use;
“MyDoc Service”: refers to the intermediation service offered by VISIOMED via the Platform and /or the BEWELL CHECK-UP Service, enabling Clients, in return for a paid subscription, to access the telephone advice service offered by H2AD. The use of the MyDoc Service is subject to specific general terms and conditions of use;
“Website“: refers to the website of VISIOMED available at the address www.bewellconnect.com; www.bewell-connect.fr. The Website also includes all the IT components (including the software and IT development and the Web pages, including the source and object code of programmes, preparatory design work, the specifications, preliminary studies, user documentation (including documentation on the use and operation of the Website), the graphics charter (including projects, mockups, prototypes and plans) and the content (including text, graphics, sound, photographs and multimedia), as well as all rights pertaining thereto;
“VISIOMED“: refers to the VISIOMED GROUP, a société anonyme (public limited company) with a board of directors, with share capital of 15,951,207.00 euros, registered on the Paris Company Register under the number 514 231 265, the registered office of which is at 8, avenue Kléber Paris (75116).
The General Terms and Conditions define the terms and conditions according to which VISIOMED offers the Clients a subscription to the BEWELL CHECK-UP Service via the Website.
The General Terms and Conditions are systematically notified to Clients in order for them to subscribe and are exclusively applied to all subscriptions accepted by VISIOMED. They shall supersede all other terms and conditions, except those expressly agreed to by VISIOMED and shall constitute all the contract documents enforceable between the Parties. Consequently, any other terms and conditions shall only engage VISIOMED further to its written confirmation.
N.B.: NOTE TO CLIENTS
ALL SUBSCRIPTIONS TO THE BEWELL CHECK-UP SERVICE ON THE WEBSITE IMPLY THE EXPRESS, PRIOR ACCEPTANCE, IN FULL, BY THE CLIENT OF THESE GENERAL TERMS AND CONDITIONS. BY TICKING THE BOX: “I accept the Terms and Services,” « j’accepte les conditions générales d’abonnement » AND/OR BY ACCEPTING THEM UPON SUBSCRIPTION, THE CLIENT ACKNOWLEDGES THAT IT IS BOUND BY ALL THESE GENERAL TERMS AND CONDITIONS.
3.1- Information on the subscription to the BEWELL CHECK-UP Service, of any type whatsoever, provided by VISIOMED through its catalogues, sales documents and/or which is visible on the Website or the Platform, is for information purposes only.
3.2- Subscription offers are valid so long as they can be accessed on the Website and/or the Platform.
3.3- VISIOMED reserves the right to change the proposed subscription offers, without prejudice to any orders placed by the Client
Furthermore, as the BEWELL CHECK-UP Service may need to evolve, VISIOMED reserves the right to change the specifications, features and content of the BEWELL CHECK-UP Service for any reason whatsoever or to remove the BEWELL CHECK-UP Service from its offerings.
Those changes and/or withdrawals may be made at any time without notice, including after the Client’s agreement to the subscription contract if those changes result from the application of any standards, laws or regulations and/or in case of any issues, particularly technical, in relation to the BEWELL CHECK-UP Service. If applicable, the Customer will be notified by VISIOMED and the subscription contract will end.
3.4- Finally, VISIOMED reserves the right to make improvements and to correct any errors or omissions in relation to the content of the offers of the BEWELL CHECK-UP Service.
4.1- In order to be able to subscribe to the BEWELL CHECK-UP Service, the Client must comply with the following conditions:
4.2- VISIOMED shall not be held responsible in case of the subscription to the BEWELL CHECK-UP Service by persons who do not meet the conditions stipulated in article 4.1.
Subscription to the BEWELL CHECK-UP Service allows each Client with an Account to use the BEWELL CHECK-UP Service according to the selected subscription package. A subscription is allocated per Account and can therefore be used by seven (7) Account Profiles where appropriate.
6.1- To take out a subscription from the Website:
After selecting the desired subscription and confirming payment for the subscription according to the terms stipulated in article 8.2 of the General Terms and Conditions, the Client will receive an initial payment confirmation email.
Shortly after, the Client will receive a second email enabling it to associate its subscription with its account on the BEWELLCONNECT Platform. To do so, the Client should:
The Client is redirected to the BEWELLCONNECT application. If he does not have the BEWELLCONNECT application, he is redirected to the store to download the application.
N.B.: if the Client does not click the link provided, the account will not be linked to the subscribed offer.
6.2- VISIOMED reserves the right to refuse subscriptions from any Clients in case of a dispute with the Client regarding a previous invoice and/or the payment of invoices.
The prices of subscription to the BEWELL CHECK-UP Service displayed on the Website and/or on the Platform are expressed in euros inclusive of VAT and shall state the applicable VAT rate.
The prices applicable to subscription to the BEWELL CHECK-UP Service are those in effect when the Client takes out the subscription. VISIOMED reserves the right to change these at any time. Where applicable, subscriptions shall be charged to the Client at the price in force at the subscription date to the Website.
8.1- The sums owed by the Client for subscription to the BEWELL CHECK-UP Service shall be invoiced on a monthly basis by VISIOMED.
Invoices are sent to the Client by email to the address given when the Account was created.
8.2- Invoices are payable in advance, at each anniversary date of the subscription, solely by bank card.
8.3- The order will be regarded as effective and therefore confirmed when the Client’s banking service informs VISIOMED that the payment has been taken into account and made.
If the transaction is refused, the Client’s subscription request will be automatically cancelled.
The subscription to the BEWELL CHECK-UP Service becomes effective from the confirmation by the Client’s bank that the payment has been taken into account and made.
It is concluded for a specific period corresponding to the subscription period selected, i.e.:
In accordance with Article L.121-21 of the Consumer Code, the Client has a withdrawal period of fourteen (14) clear days from the date of conclusion of the subscription contract (corresponding to the effective date) to exercise his right of withdrawal.
However, in accordance with Article L.121-21-8 of the Consumer Code, the withdrawal period is excluded for: o The supply of services fully executed before the end of the withdrawal period, the execution of which started after the express, prior agreement of the consumer and the express waiver of his right of withdrawal;
o The supply of digital content not provided on a tangible medium, the execution of which started after the express prior agreement of the consumer and the express waiver of his right of withdrawal.
10.2- Exercise of the right of withdrawal
Withdrawal requests may be made on a separate sheet of paper sent to VISIOMED at the following address: Visiomed, Service Rétractation, 8 avenue Kleber, 75116 Paris – Letter to be sent by registered post with acknowledgement of receipt
from the withdrawal form which can be downloaded on the website from the link:
which should be sent by email to the following address: firstname.lastname@example.org
Once the request has been received by VISIOMED, it will send to the Client an acknowledgement of receipt of its right to withdraw.
10.3- Consequences of exercising the right of withdrawal
Subject to the Client not having started to use the BEWELL CHECK-UP Service and/or the MyDoc Service with regard to the offers “Discovery Health Duo”, “Privilege Health Duo” and “Serenity Health Duo” before the end of the withdrawal period, exercise of the right of withdrawal will result in a refund of all the sums paid by the Client, as soon as possible and no later than fourteen (14) days after the date on which it was informed by the Client of his intention to withdraw.
However, in the event that the Client exercises his right to withdraw from a subscription which has already started at his express request before the end of the withdrawal period, VISIOMED will charge the Client a sum corresponding to the proportion of the service provided up to the communication of his decision to withdraw (which should, in any case, take place within fourteen (14) days following the conclusion of the subscription contract).
The refund shall be given according to the same payment method as the one selected by the Client at the time of subscription unless he expressly agrees that a different payment method may be used.
11.1- Clients are only able to change their subscription to the BEWELL CHECK-UP Service for a higher subscription.
To do so, clients are requested to send an email to the following address: email@example.com
The change to the subscription formula will take effect from the next monthly subscription reset, subject to the Client giving notice of eight (8) business days.
11.2- Subscription to the BEWELL CHECK-UP Service may be terminated by either Party by registered letter with acknowledgement of receipt sent to the other Party giving a minimum notice period of:
Requests for termination by Clients should be sent to the following address: VISIOMED GROUP, service Résiliation, 8 avenue Kléber 75116 Paris.
11.3- VISIOMED reserves the right to automatically terminate and/or suspend the subscription to the BEWELL CHECK-UP Service, without notice, particularly in the following cases: o non-payment of an invoice by the Client;
o use of the BEWELL CHECK-UP Service by the Client which is not consistent with its General Terms and Conditions of Use and/or by a person who does not meet the conditions of article 4.1 of the General Terms and Conditions;
without its liability being engaged and/or without the Client being able to claim any compensation.
Where applicable, the termination and/or the suspension shall be notified to the Client by registered letter with a request for acknowledgement of receipt.
The Website and the information (including editorial, illustration, studies and videos) displayed on the Website are protected by laws on intellectual property, in particular copyright, and are the exclusive property of VISIOMED.
Furthermore, the trademarks, logos, graphics and animations on the Website are the exclusive property of VISIOMED.
It is agreed that these General Terms and Conditions shall not assign any of the intellectual property rights of VISIOMED.
The Client shall not – either directly or indirectly – copy, modify, reproduce, adapt or exploit all or part of the Website and/or other intellectual property owned by VISIOMED, for the entire legal protection period of that property.
“Legal protection period” means the period stipulated by the Intellectual Property Code and international law and any extension of that period by an international agreement, a European directive or a French or international law.
Finally, the Client shall not – either directly or indirectly – file and/or use, in any country whatsoever, the trademarks, logos, domain names and /or any other distinctive sign which is the same as or similar to the trademarks, logos, domain names and/or any other distinctive sign of VISIOMED, so long as they are in effect.
The Website is available 24/7 and VISIOMED undertakes to make every effort so that the Website is operational in accordance with an obligation of resources.
However, due to the nature of the internet, VISIOMED does not guarantee the operation of the Website or access thereto 24/7.
VISIOMED reserves the right to interrupt the operation of the Website at any time, with or without notice, in particular to carry out maintenance and development of the Website, or to change the content or presentation and/or for any other legitimate reason. Wherever possible, VISIOMED shall inform the Client prior to any maintenance or development.
In addition, the Client is informed that access to the Website may be interrupted for reasons beyond the control of VISIOMED and VISIOMED cannot therefore guarantee continuous access to the Website and/or the Account.
In any event, VISIOMED shall not, under any circumstances, be held liable for any interruption and/or malfunction of the Website, irrespective of the reason. Consequently, the unavailability of the Website shall not grant any entitlement to compensation to the Client.
The General Terms and Conditions may be amended and/or modified by VISIOMED according to the technical developments made to the Website, changes to the law and/or for any other reason.
The version of the General Terms and Conditions enforceable between the parties is the one accessible on the Website on the date of subscription. Any order by the Client following the publication of amended General Terms and Conditions shall constitute acceptance of the new General Terms and Conditions.
In accordance with the amended law no. 78-17 of 6 January 1978 on data protection, referred to as the “data protection” Act, the Client is informed that VISIOMED shall carry out the automated processing of its personal data for processing, managing commercial relationships and selling the subscription to the BEWELL CHECK-UP Service.
That data may be transferred to subsidiaries and/or companies controlled by VISIOMED as well as to its outsourcers which assist with such relationships for management, execution, processing and payment purposes.
Every Client has a right to access, communicate and correct their data and a right to remove it for legitimate reasons. To do so, it should send an email to firstname.lastname@example.org
With regard to data updates and corrections in relation to its Account, the Client shall make any necessary modifications or deletions directly on its own Account.
The files, data, messages and computerised records stored in the computer systems of VISIOMED shall be accepted as proof of acts and events which have taken place between the Parties.
The storage of records shall be presumed, unless proved otherwise, to have taken place in reasonable security conditions if the messages, data and other documents are systematically stored on a reliable and durable medium.
The General Terms and Conditions and subscription agreements to the BEWELL CHECK-UP Service entered into via the Website are subject to French law.
For any issues and/or questions in relation to subscription, Clients are requested to contact customer services to try to find an amicable solution by telephone on 01 40 67 05 45 or by email to the following address: email@example.com
VISIOMED’s customer service is available from 09:30 to 12:30 and from 14:30 to 17:00 Monday to Friday.
Any disputes that may occur in relation to the validity, interpretation, execution and/or nonexecution of the General Terms and Conditions and/or the subscription agreement will be submitted for consumer mediation. The Parties are, however, free to accept or reject such mediation.
The Parties agree that the solution proposed by the mediator shall not be binding on them.
Article L.121-21 of the Consumer Code
“The consumer shall have a period of fourteen days to withdraw from a distance contract, contract through telephone solicitation or off-premises contract, without having to give any reason or pay any costs other than those stipulated in Articles L. 121-21-3 to L. 121-21-5. Any clause in which the consumer forfeits its right of withdrawal is invalid.
The timeframe mentioned in the first paragraph of this article starts from:
1° The conclusion of the contract, for service agreements and the contracts mentioned in Article L. 121-16-2;
2° The receipt of the item by the consumer or a third party, other than the carrier, indicated by the consumer, for contracts for the sale of goods and service agreements including the delivery of goods.
In the case of an order concerning several goods delivered separately or in the case of an order of a good made up of several parts or pieces, the delivery of which is staggered over a defined period, the timeframe shall start from receipt of the last good, part or piece.
For contracts that provide for a regular delivery of goods over a defined period, the timeframe shall start from receipt of the first good.”
Article L.121-21-1 of the Consumer Code
“Where information on the right of withdrawal has not been provided to the consumer in accordance with the conditions stipulated in Article L. 121-17 I (2), the withdrawal period is extended by twelve months from the end of the original withdrawal period, determined in accordance with Article L. 12121.
However, where that information is provided in the course of the extension, the withdrawal period shall end after a period of fourteen days from the date when the consumer receives the information.”
Article L.121-21-2 of the Consumer Code
“The consumer shall inform the trader of his decision to withdraw by sending it, before the expiry of the timeframe stipulated in Article L. 121-21, the withdrawal form mentioned in Article L. 121-17 I (2) or any other declaration, clearly worded, expressing its intention to withdraw.
The trader may also allow the consumer to fill in and send online, via its website, the form or declaration stipulated in the first paragraph of this Article. In this event, the trader shall send to the consumer, without any delay, an acknowledgement of receipt of the withdrawal on a durable medium.
The burden of proof of exercise of the right of withdrawal in the conditions stipulated in this Article falls on the consumer.”
Article L.121-21-3 of the Consumer Code
“The consumer shall send back or return the goods to the trader or to a person designated by the trader, without any undue delay and, at the latest within fourteen days of the communication of its decision to withdraw in accordance with Article L. 121-21-2, unless the trader has offered to collect the goods himself.
The consumer shall only pay the direct costs of returning the goods, unless the trader agrees to pay for them or has failed to inform the consumer that he is responsible for paying the costs. However, for offpremises contracts where the goods are delivered to the consumer’s home at the time of conclusion of the contract, the trader shall collect the goods at his own expense if they cannot be sent back by normal post due to their nature.
The consumer may only be held liable in case of damage to the goods as a result of handling other than the handling necessary to establish the nature, characteristics and correct operation of the goods, provided that the trader has informed the consumer of his right of withdrawal in accordance with Article L. 121-17 I (2).”
Article L.121-21-4 of the Consumer Code
“When the right of withdrawal is exercised, the trader must refund the consumer the total amount paid, including the costs of delivery, without undue delay and at the latest within fourteen days from the date on which it is informed of the consumer’s decision to withdraw.
For sale of goods contracts, unless he offers to collect the goods himself, the trader may withhold the refund until he has received or collected the goods back or until the consumer has provided evidence of having sent back the goods, whichever is the earliest.
In addition, the amounts due shall be automatically plus interest at the statutory rate if the refund is made no later than ten days after the expiry of the timeframes stipulated in the first two paragraphs, at 5% if the delay is between ten and twenty days, at 10% if the delay is between twenty and thirty days, at 20% if the delay is between thirty and sixty days, at 50% if the delay is between sixty and ninety days and shall be increased by a further five percentage points per month of delay up to the product price, followed by the statutory interest rate.
The trader shall make this refund using the same payment method used by the consumer for the original transaction, unless the consumer expressly agrees to the use of a different payment method provided that the refund does not incur any costs for the consumer.
The trader is not required to refund any additional charges if the consumer has expressly selected a more expensive delivery method than the standard delivery method proposed by the trader.”
Article L.121-21-5 of the Consumer Code
“If the consumer wants the execution of a service to start before the end of the withdrawal period referred to in Article L. 121-21, the trader shall obtain his express request on paper or on a durable medium.
A consumer who has exercised his right to withdraw from a contract to provide services which has started to be executed, at his express request, before the end of the withdrawal period shall pay the trader an amount corresponding to the service provided up to the communication of his decision to withdraw; the amount is proportionate to the total price of the service agreed in the contract.
No amount is payable by a consumer who has exercised his right of withdrawal if his express request was not obtained in accordance with the first paragraph of this article or if the trader has not respected the information obligation referred to in Article L. 121-17 I (4).”
Article L.121-21-6 of the Consumer Code
“The consumer who has exercised his right of withdrawal from a contract to supply digital content not provided on a tangible medium shall not owe any sum if:
1° The trader did not obtain the consumer’s express, prior agreement to execute the contract before the end of the withdrawal period as well as proof of the consumer’s waiver of its right of withdrawal;
2° The contract does not include the information stipulated in the second paragraph of Articles L. 12118-1 and L. 121-19-2.”
Article L.121-21-7 of the Consumer Code
“Exercise of the right of withdrawal terminates the obligation of the parties to execute the distance or
off-premises contract or to conclude it when the consumer has made an offer.
Exercise of the right of withdrawal of a principal distance or off-premises contract automatically terminates any ancillary contract, at no cost to the consumer other than the costs stipulated in Articles L. 121-21-3 to L. 121-21-5.”
Article L.121-21-8 of the Consumer Code
“The right of withdrawal may not be exercised for contracts:
1° To supply services which have been fully executed before the end of the withdrawal period, the execution of which was started after the express, prior agreement of the consumer and its express waiver of its right of withdrawal;
2° To supply goods or services for which the price is dependent on fluctuations in the financial market outside the trader’s control, which may occur during the withdrawal period; 3° To supply goods made to the consumer’s specifications or clearly personalised;
4° To supply goods which are liable to deteriorate or expire rapidly;
5° To supply goods which have been unsealed by the consumer after delivery and which cannot be sent back for reasons of hygiene or health protection;
6° To supply goods which, after delivery, due to their nature, are mixed with other items in such a way that they can no longer be separated;
7° To supply alcoholic beverages, the delivery of which is postponed by thirty days and the price of which, agreed upon at the time of the conclusion of the sales contract, is dependent on fluctuations in the market which cannot be controlled by the trader;
8° Maintenance or repair work carried out urgently at the home of the consumer and expressly requested by the consumer, within the limit of the spare parts and work strictly necessary to respond urgently;
9° To supply audio or video recordings or computer software when they have been unsealed by the consumer after delivery;
10° To supply a newspaper, periodical or magazine, except for subscription contracts to such publications;
11° Concluded at a public auction;
12° To provide accommodation services, other than residential accommodation, services to transport goods, lease cars, to provide restoration or leisure activities which must be supplied at a specific date or period;
13° To supply digital content not provided on a tangible medium, the execution of which started after the express, prior agreement of the consumer and its express waiver or its right of withdrawal.”