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Terms of sale and use

This English translation is provided for convenience. The French version is the only legally binding one: read the French terms of sale and use.

GENERAL TERMS OF USE AND SALE (CGV-CGU)

PREAMBLE

These General Terms of Use and Sale (CGU-CGV) apply to the provision of any “Rdv360” SaaS software and of the websites available at the domain name www.Rdv360.com and its subdomains, published by HELLOSPOT.

These General Terms of Use and Sale apply between:

  • HELLOSPOT, a simplified joint-stock company with a single shareholder (société par actions simplifiée unipersonnelle) with variable capital of 30,000 euros (minimum capital 3,000 euros), registered with the Rennes Trade and Companies Register (RCS) under number 798 825 170 (SIRET 798 825 170 00037), with its registered office at HELLOSPOT, RDV360, 90 B RUE DE FOUGERES, 35700 RENNES, France;
  • Any person using the “Rdv360” SaaS software and/or the websites available through the domain name www.Rdv360.com and the related subdomains.

They are hereinafter referred to individually as “a Party” and together as “the Parties”.

TABLE OF CONTENTS

  • I. GLOSSARY
  • II. PURPOSE OF THE GENERAL TERMS
  • III. PURPOSE OF THE SERVICE
  • IV. LICENSE OF USE
  • V. ACCESS TO THE WEBSITE
  • VI. USE OF THE WEBSITE
  • VII. CREATION OF THE USER ACCOUNT
  • VIII. OPERATION OF THE USER ACCOUNT
  • IX. PAID SUBSCRIPTIONS
  • X. PAYMENT AND INVOICING
  • XI. SUBSCRIPTION TERM
  • XII. TERMINATION
  • XIII. CREATION OF A WEBSITE
  • XIV. SMS AND MAILINGS
  • XV. CLOSING THE USER ACCOUNT
  • XVI. LIABILITY
  • XVII. WARRANTY AGAINST EVICTION
  • XVIII. FORCE MAJEURE
  • XIX. DATA PROCESSING
  • XX. HYPERLINKS AND COOKIES
  • XXI. INTELLECTUAL PROPERTY
  • XXII. AMENDMENT OF THESE TERMS
  • XXIII. GOVERNING LAW, INTERPRETATION, AMICABLE SETTLEMENT AND JURISDICTION

I. GLOSSARY

Each term below beginning with a capital letter has the meaning given to it in its definition.

Subscription: means the provision of the rights to use the Rdv360 Software by HELLOSPOT to Professional Users in return for the payment of a fee.

Directory: means the list of persons registered on the website https://www.Rdv360.com who have created a user account in a professional capacity.

Login: means the email address needed to identify the Individual User and the Professional User who are registered, so that they can access their account.

Username: means the name chosen by the User to identify themselves on Rdv360.

Professional(s): means the legal entities listed in the Directory with whom the Individual User can book an appointment.

Software: means the “Rdv360” SaaS software service published by the Company.

Password: means the sequence of characters that the registered User must keep secret and which, together with their login, allows them to access their account.

Domain name / subdomain: https://www.Rdv360.com and its related subdomains, such as https://beaute.rdv360.com.

Parties: means HELLOSPOT and the Users of Rdv360 together.

Rdv360: means the “Rdv360” SaaS software published by HELLOSPOT, the Site and the related domain names.

Service(s): service(s) made available to Users by the Company on the Rdv360 Software.

Site(s): means the website(s) linked to the domain names and subdomains of https://www.Rdv360.com on which the Software is published.

Company: means HELLOSPOT.

Stripe: means the secure payment system offered by HELLOSPOT

User(s): means any natural or legal person(s) using Rdv360 as an individual or as a professional.

Individual User(s): means any natural person(s) using Rdv360.

Professional User(s): means any legal entity using the Site for professional purposes.

II. PURPOSE OF THE GENERAL TERMS OF USE AND SALE

The purpose of these General Terms of Use and Sale is to define the rights and obligations of the Parties in connection with the use of the Rdv360 SaaS software and the related domain names, whether for use of the free version of Rdv360 by Individual Users and Professional Users, or for use of the paid version by Professional Users.

III. PURPOSE OF THE SERVICE

For Individual Users, Rdv360 makes it possible to:

  • search for a Professional based on various criteria, including the city, the specialty or the availability of the Professionals listed;
  • choose a Professional, being informed that the Directory does not list all existing Professionals;
  • book one or more appointments online;
  • buy gift certificates, products, services or pay deposits on the websites of Professional Users published and/or created by the Company, or on their dedicated page on the Rdv360 platform;

For Professional Users, Rdv360 makes it possible to:

  • manage their appointments with a personalized calendar, showing the availability of their services and accepting online bookings;
  • manage point-of-sale (POS) software and other features;
  • display certain information about their business on their professional page, such as the price and features of the services they offer;
  • sell gift certificates, products, services online or receive deposits on their dedicated page on the Rdv360 platform or on their website;
  • publish a website, with or without the reservation of a domain name by the Company;
  • have said website created by Rdv360 under a license of use, without transfer of copyright.

The detailed list of free or paid features is subject to change without notice. Their current pricing is shown on the Pricing page of the site corresponding to the Professional User’s trade. Free use of a feature shown as paid is considered a breach of these terms. In accordance with Article XII.2. (Forced termination), Rdv360 may suspend access for any Professional User who does not comply with these terms.

IV. LICENSE OF USE

Rdv360 grants the User a personal, non-exclusive, non-assignable and non-transferable right to use the Software, for the entire term of the contract and worldwide.

The right of use is the right to display and run the Software as a service through a connection to an electronic communications network.

The Professional User may under no circumstances make the Services available to a third party, and strictly refrains from any other use, in particular any adaptation, modification, translation, arrangement, distribution or decompilation, without this list being exhaustive.

The Professional User may only use Rdv360 in accordance with their subscription.

Consequently, the license for the Software is granted solely for the purpose of allowing the Professional User to use the Services of the Software, to the exclusion of any other purpose.

V. ACCESS TO THE WEBSITE

V.1. General

The Site is open to all Internet users and is in principle available 24 hours a day, 7 days a week, except for scheduled or unscheduled interruptions by the Company or its service providers for maintenance purposes or in the event of force majeure (as defined herein).

The Company cannot be held liable for any damage, of any kind whatsoever, resulting from the unavailability of the Site.

The Company does not guarantee that the Site will be free of anomalies, errors or bugs, nor that the Site will operate without failure or interruption. In this respect, it may freely and at its sole discretion determine any period of unavailability of the Site or its content.

Nor can the Company be held liable for data transmission, connection or network availability problems.

Any User can access the following subdomains without logging in: beaute.Rdv360.com, sante.Rdv360.com, logiciel-auto-ecole.Rdv360.com, logiciel-veterinaire.Rdv360.com, logiciel-pro.Rdv360.com.

The User then has access to a presentation of the Rdv360 software in the sector identified by said subdomain.

e.g.: beaute.Rdv360.com refers to the software for hair salons and beauty salons

IV.2. For the Individual User through the domain name www.Rdv360.com

The Individual User can access the Directory without logging in.

To book appointments online, the Individual User can create a user account or enter their login credentials, namely their email address and password, if they already have a valid user account.

To create a user account, see “VII. CREATION OF THE USER ACCOUNT”.

IV.3. For the Professional User through the subdomain pro.Rdv360.com and the subdomains of pro.Rdv360.com

To access the subdomain pro.Rdv360.com, the Professional User must log in with their email address and password. If they do not already have a user account, they must create one. (See “VII. CREATION OF THE USER ACCOUNT”.)

To access the subdomain site.Rdv360.com, the Professional User can log in by entering their email address, username and password, or create an account through “déjà membre ?” (“already a member?”) and enter their username and password.

The Professional User does not need to log in until they place an order for the publication/creation of a website.

To do so, they must take out a subscription at 39.90 euros. (See “IX. PAID SUBSCRIPTIONS”.)

VI. USE OF THE WEBSITE

By using Rdv360, the User represents that they have the legal capacity to enter into a contract.

By using the website in its free or paid version, the User undertakes to:

  • provide the Company with their correct and accurate email address, postal address or other contact details. The User also authorizes the Company to use their data so that it can contact the User in connection with their order. In the event of any change to the situation declared on the day the account was created, the User undertakes to update their information on said interface.
  • use Rdv360 under their own identity, without fraud or false statements, as use of the user account is strictly personal. If the password is lost and/or forgotten, the account holder can request a password reset from the Site through the “Mot de passe oublié ?” (“Forgot your password?”) tab;
  • not disclose their login and password information to any third party, nor lend, give or sell them, nor make the account available to a third party, for any reason whatsoever. Otherwise, the Company cannot be held liable in any way in the event of fraudulent use of this information.

In the event of fraudulent use of the User’s login credentials due to a fault or negligence attributable to the User, the User will be liable to the Company for any loss or deterioration of data of any kind and, more generally, for any damage suffered as a result of use of Rdv360 that does not comply with the rules set out in these CGU/CGV.

VII. CREATION OF THE USER ACCOUNT

VII.1. General

To use Rdv360, the User may first create an account containing their information.

By creating their account, the User accepts these General Terms.

All fields in the account creation form must be completed, except for fields marked as optional.

The User receives an email confirming their registration.

When creating their account, the User must ensure that the data they provide is accurate and complete. The User must always keep their personal information up to date. In the event of an error in the recipient’s contact details, the Company cannot be held liable for the inability to deliver products.

Where the account is for a legal entity, the User wishing to create, delete, modify or use an account on Rdv360 certifies that they are duly authorized by the legal representative of that legal entity, or by their representative, to carry out these actions.

By creating a user account, the User agrees to receive electronic communications from or on behalf of Rdv360 at the contact details they have provided. These communications may be sent by any means (in particular by SMS, email, notifications and phone calls, which may be automated).

The User may change their consent to receive communications at any time.

VII.2. For the Individual User

To create a user account, the Individual User must complete the following fields: last name, first name, phone number, email address and password on www.Rdv360.com through the path Mon Compte>Particuliers (My Account>Individuals)

VII.3. For the Professional User

To create a user account, the Professional User must complete the following fields: first name, last name, email address, password on pro.Rdv360.com or on www.Rdv360.com through the path Mon Compte>Professionnels (My Account>Professionals).

They must then provide a certain amount of information about their professional activity.

VIII. OPERATION OF THE USER ACCOUNT

To access their account, the User must enter the login and password they chose when creating their account, which they must keep secret.

The User is solely responsible for managing their user account.

The user account is non-transferable and may not be assigned or shared with another person.

VIII. 1. For the Individual User

VIII.1.1. Directory

The Individual User can access the Directory of Professionals listed by the Site, according to their location and specialty, directly on the home page.

They simply need to:

  • a) either enter all or part of a Professional’s name; a list of matching results is then offered in a drop-down menu from which the Individual User can choose; if they choose a Professional, they are redirected to the Professional’s page;
  • b) or choose a specialty from those offered in a drop-down menu and enter the name of a city; the Individual User is then redirected to a page listing the suggested Professionals, with their contact details.

The Individual User can also search for a Professional in the directory from their account page, in the menu bar, which is a search bar in which the Individual User can proceed in the same way as in b).

VIII.1.2. Booking appointments with RDV360 professional customers

In the Directory, the Individual User can either click on the Professional and be redirected to the Professional’s listing, or click directly on “Prendre RDV” (“Book”).

The Professional’s availability is then displayed.

The Individual User is informed that Rdv360 has no control over the services offered, nor over the ability of Professionals to provide services.

Rdv360 cannot be held liable for the unavailability of Professionals, whether due to high demand, a lack of Professionals registered or existing in a geographical area, or any other reason beyond Rdv360’s control.

In addition, the Individual User is informed that the site acts solely as a technical intermediary; Rdv360 has no control over the time slots available for online booking either.

The Professional is the sole administrator of, and solely responsible for, managing the online booking time slots.

Consequently, appointments booked through the site must always be confirmed directly with the Professional.

By booking an appointment, the Individual User undertakes to use the online booking service with consideration for the Professional User and to notify them if they are unable to attend. Any abusive use of the service may result in suspension or even deletion of the account.

The Individual User may receive an SMS or an email when booking an appointment. To this end, they formally accept the use of email and SMS.

VIII.1.3. User account interface

The Individual User can access a user interface in their user account by clicking “Mon compte” (“My account”) on the home page and entering their login credentials.

In this interface, they can:

  • search the Directory from the menu bar,
  • access tabs in the left sidebar and click on any of the following tabs:
    • my information: the Individual User can enter personal data such as their title, last name, first name, email address, postal address and phone details. They can also change their password by checking the “Modifier mon mot de passe” (“Change my password”) box and entering a new password;
    • my appointments: the Individual User can see the list of appointments booked, their dates and times, and their status;
    • my Professionals: the Individual User can see a list of the Professionals they have viewed or with whom an appointment is planned;
    • log out: if they click on this tab, the Individual User is redirected anonymously to the home page.

VIII.2. For the Professional User

VIII.2.1. Appointment management

The Professional User can choose to accept online bookings of their services by Individual Users.

In the booking process, the site is considered a technical subcontractor of the Professional User, which means that the Site acts on behalf of the Professional User and solely under their control.

The Professional User is therefore solely responsible for all booking-related actions that the Site may carry out on their behalf.

The Professional User is informed of and accepts without reservation that the Site may send emails or SMS to the Individual User in their name in connection with bookings, such as appointment confirmations or reminders.

The Professional User can manage the time slots they make available for online booking, or block them at any time, from their user account.

They are informed that Rdv360 has no control over their calendar or over the time slots they leave open for online booking.

It is the Professional User’s responsibility to block the time slots in which they are not available for online booking.

Consequently, the Company is in no way liable for any cancellation or unavailability of the Professional User following an appointment scheduled by an Individual User through the online booking service.

In addition, the Professional User warrants to the Site that the time slots they leave open for online booking are up to date and can be booked by Individual Users.

VIII.2.2. The Professional User’s user account

The Professional User is redirected to their interface after logging in. From the menu bar, they can then:

  • click on the “Agenda” (Calendar) tab, which leads to the “Agenda” interface, made up of four views to choose from, day/3 days/week/list, which present the Professional User’s appointments over a given period in different ways;
  • click on the “Clients” tab, which leads to the list of the Professional User’s customers, who are not necessarily Individual Users of Rdv360; they can import/export customer records and add a new customer by entering the following personal data: gender (man/woman/child), last name, first name, date of birth of the customer, postal address, the customer’s origin (from a list of origins created by the Professional User), contact details (phone, email address) and keywords; (see “Personal data”)
  • click on the “Caisse” (POS) tab, which leads to an interface with a sub-menu bar offering five sub-tabs:
    • “Caisse” (POS) (the Professional User can choose a service, which appears with its amount including VAT, corresponding to what they are invoicing. They can process the payment, delete the service or put it on hold. They can see the list of products and services selected and the total amount. They can add a new customer when saving the receipt and add a personal note for the customer. The Professional User can choose the salesperson handling the order, select “Payer” (“Pay”), select the amount paid and the payment method used, and choose the payment date. A pop-up window then appears with the option to print, download, send or cancel the receipt). In this respect, Rdv360 issues a certificate of compliance, which is binding on the Company;
    • “Ticket en attente” (Receipts on hold) (the Professional User can view and select their receipts on hold to resume and complete the transaction);
    • “Journées et tickets de caisse” (Days and receipts) (the Professional User can access the receipts of the day or of a given day with their status, “on hold” or “collected”, the amounts collected shown excluding and including VAT, the list of transactions and payments received, and the summary of the day, including cash in the till, revenue and payment methods used);
    • “Synthèse des ventes” (Sales summary) (the Professional User can access the sales summary over a period of their choice, with several sub-tabs: revenue, gift certificates, payments, cash float. All transactions can be exported to Excel;
    • “Configuration de la caisse” (POS settings) (the “Configuration de la caisse” sub-tab leads to the “Configuration” tab, “Caisse” sub-tab);
  • click on the “Stock” tab, where the Professional User can click on several tabs in a sub-menu bar:
    • “Etat du stock” (Stock status), which displays the list of all products, with the option for the Professional User to see only the products in stock or out of stock; the list shows the reference and name of the product, the supplier, the quantity, the price of the product excluding and including VAT, and the stock total. The Professional User can click on “Entrée de stock” (Stock in) or “Sortie de stock” (Stock out); a pop-up window appears in which the Professional User can enter the date, the supplier and the product description, choose a product from the list, and confirm or cancel the addition or removal of the product from stock;
    • “Entrée ou sortie de stock” (Stock in or out), which displays the list of movements (stock in and stock out) with the option for the Professional User to record stock in or stock out, as in the previous tab;
    • “Fournisseurs” (Suppliers), which shows the list of the Professional User’s suppliers, with the option for the Professional User to add suppliers. They can search the list of suppliers by checking company, first name or last name as the criterion. They can also export their supplier files to Excel;
  • click on the “Stats” tab, where the Professional User can click on the following tabs in a menu bar:
    • “Tableau de bord” (Dashboard): the Professional User can view statistical charts about their business;
    • “Configuration” (Settings): the Professional User can customize their dashboard, for example by adding a widget (timeline, figures, table, chart), renaming it and choosing the background color;
  • click on the “Config” tab, where the Professional User can choose from several tabs in a left sidebar to customize their use of Rdv360:
    • Fonctionnalités (Features): a pop-up appears in which the Professional User can manage the modules they want on their user account by clicking Yes or No. They can choose from: “Agenda” (Calendar), “Caisse” (POS), “Gestion des forfaits” (Package management), “Produits” (Products), “Réservations en ligne” (Online booking), “Stock”;
    • Mon établissement (My business): the Professional User can enter information about their business, namely the name of the business, the sector, the currency, the time zone, the opening hours, the postal address, the contact details, company information (legal form, capital, SIRET number, NAF code, VAT number), add a custom text to appear on the booking page, and add photos to appear on the booking page as well). The Company, as host, does not control the content posted online by the Professional User. Accordingly, the Company cannot be held liable for content published by the Professional User, subject to the application of Article 6.2 of the French law known as “LCEN” of June 21, 2004;
    • Agendas (Calendars): the Professional User can see the list of their calendars in this interface. They can add a calendar, link it to a person using Rdv360 on their behalf, customize the name of the calendar, the services linked to it, and the time slots open for online booking. The Professional User can also click on a “Réglages généraux” (General settings) tab, which allows them to choose how the Calendar interface is displayed, to set how close to the start of an appointment it can still be booked, and to customize the alert received for a new appointment;
    • Prestations (Services): the Professional User can create service categories in the “Catégories” (Categories) tab and assign them a color and an image; they can create services and place them in the categories created, add them to the calendar and to online booking, and import or export services through a file in XLSX format;
    • Forfaits (Packages): the Professional User can create package categories, choose the color and image of the category, create packages and customize them by attaching an image. They can add a description and choose the price of the package created;
    • Produits (Products): the Professional User can create product categories in the “Catégories” (Categories) tab and assign them a color and an image; they can create products and place them in the categories created, with the price, barcode, product description and supplier, and import or export services through a file in XLSX format;
    • Caisse (POS): the Professional User can customize their POS. The Professional User can choose the default customer type, the POS opening hours, and discount management (refusal, overall discount, discount per product, overall and per-product discount). Receipt numbering can be customized. Receipts can be customized with a text written by the Professional User. Payment methods can be chosen. The Professional User can also choose the VAT rate;
    • Fournisseurs (Suppliers): shows the list of the Professional User’s suppliers, with the option for the Professional User to add suppliers. They can search the list of suppliers by checking company, first name or last name as the criterion. They can also export their supplier files to Excel;
    • Utilisateurs (Users): the Professional User can add Individual Users to their account with first name/last name/email/date of last login. They can modify the data they entered when creating their account;
    • Widgets et Bouton RDV (Widgets and Booking button): this shows the Professional the option of embedding a widget (which creates an online booking area on any website, simply by adding the HTML code provided by Rdv360). The Professional User can also create a link on their website to their pro page on Rdv360. The link to the professional page on Rdv360 is shown here. It is specified that a website can be created or modified by Rdv360 from the URL: https://pro.rdv360.com/website/. The Professional is informed that this option is reserved for the paid version, with the Subscription at 39.90 euros excluding taxes per month. (See “Subscriptions”);
    • Emails/SMS: the interface shows the various SMS that the Professional User can send to their registered customers, sorted by keywords; they can add notifications. They can confirm their appointments by SMS or email. The SMS balance is shown on a button. If the Professional User clicks it, they are taken to the interface of the “abonnement” (subscription) tab. The list of SMS can be exported to an Excel spreadsheet;
    • Historique (History): the interface shows the various actions carried out on the Professional User’s account. The SMS history is also available in the “SMS envoyés” (SMS sent) tab;
    • Parrainage (Referral): the Professional User is shown the link they can place on their website to refer another Professional to join the site. They are informed that each referral earns them one free month of PREMIUM subscription;
    • Mon abonnement (My subscription): the Professional User can check the chosen subscription in this interface. A free subscription, several paid subscriptions including additional features, and the payment terms.
  • click on the “Aide” (Help) tab: the Professional User is redirected to the subdomain support.Rdv360.com/aide-en-ligne, which is a knowledge base explaining how the Site works, with a search engine and keywords sorted by topic.
  • click on the “Déconnexion” (Log out) tab: the Professional User is logged out of their user account. To log back in, they simply need to enter their login credentials.

IX. PAID SUBSCRIPTIONS

The Professional User can take out one or more paid Subscriptions to Rdv360.

Subscriptions are taken out, managed and terminated from the Professional User’s user account.

To choose a Subscription, Professional Users go to the “Config” tab, then “Abonnement” (Subscription), in their user account. They can then choose their Subscription, view the prices of the Subscriptions excluding and including VAT, the services included in each Subscription, and confirm the order.

The offers and features provided by Rdv360 are presented on the Site and within the Software.

Rdv360 reserves the right to modify or withdraw its offers or to create new ones. It may also change the nature and prices of the various Subscriptions, accounts, plans or features at any time.

Modifications or changes will apply to existing user accounts.

Professional Users using the service are informed that Rdv360 may change it at any time.

However, Professional Users who have taken out a paid Subscription will keep the benefit of their Subscription for the term subscribed.

X. PAYMENT AND INVOICING

X.1 Professional User: Subscription to RDV360

Subscription fees are stated in euros. They are shown excluding and including VAT.

For annual Subscriptions, payment is charged once at the start of the period. For monthly subscriptions, it is charged at the end of each term, on the anniversary date of the first payment.

The billing address is the address of the Professional User’s registered office.

The Professional User will receive an order confirmation at the email address entered in their user account within 24 hours of confirming the order. The Professional User will also receive, by email, an invoice for their order within 24 hours of its acceptance by Rdv360 and receipt of payment.

If the Professional User wishes to switch from a paid Subscription to a higher Subscription, the change of services and price will take effect from the next due date.

The change will only take effect subject to the condition precedent of payment of the price of the Subscription taken out, no later than the due date of the end of the previous Subscription’s term.

Subscriptions are paid through STRIPE.

The Professional User certifies that they hold all rights and powers over the payment methods used.

The Professional User’s bank details are known only to STRIPE and do not pass through the web server of the Company’s website.

Payment information is subject to automated data processing by STRIPE.

The purpose of this automated data processing is to combat credit card fraud.

An unpaid amount following fraudulent use of a credit card or an irregular declaration will result in the details relating to the payment of the subscription being recorded in a payment incident file held by STRIPE.

The Customer can consult STRIPE’s general terms by following this link: https://stripe.com/fr/privacy.

Payment terms are defined by the STRIPE platform.

The Company cannot be held liable for any incident whatsoever caused by the STRIPE platform.

The Professional User must therefore refer directly to the platform to pay for their order.

X.2 Individual and Professional Users: Online sales by Professional Users

Professional Users who have activated e-commerce can sell gift certificates, products and services and collect deposits from their dedicated page on the Rdv360 platform.

To use the e-commerce feature and receive payments, the Professional User must themselves hold an account with STRIPE and have linked it to their RDV360 account. Online payments are processed exclusively by STRIPE. Only Professional Users have access to the sums received through their STRIPE account; they are therefore responsible for all transactions relating to their account (payments received, transfers, refunds, etc.).

Professional Users are solely responsible for their e-commerce page and for the sales they make on it, with regard to third parties, RDV360 and their customers.

Rdv360 is not responsible for processing the payments made on professionals’ pages. RDV360 can at no time be held liable in the event of an incident or dispute relating to online payment or to the business relationship between Professional Users and their customers.

XI. SUBSCRIPTION TERM

The Subscription takes effect upon receipt by Rdv360 of payment of the corresponding price.

Rdv360 then makes the Software available to the Professional User, including the services that correspond to the Subscription they have taken out.

The term of the Subscription is the one stated on the Site on the day of the order. The Subscription is monthly or annual and renews automatically under the conditions provided by law.

XII. TERMINATION OF THE SUBSCRIPTION

XII.1. Voluntary termination

If they wish, the Professional User can cancel their subscription from their user account, no later than 30 days before the end of the Subscription term. Otherwise, the subscription is renewed for a new identical period (1 month or 1 year depending on the current subscription).

The Subscription will then be terminated at the end of its term.

If Rdv360 creates a website, carries out a custom integration or registers a domain name on behalf of the Professional User, the Professional User will be bound by a 1-year subscription commitment.

Termination fees may apply when Rdv360 manages a domain name for the website created by the Professional User and said Professional User requests a transfer to another SaaS software.

XII.2. Forced termination

In the event of non-payment at the due date, the Subscription will be immediately suspended unless payment is made within 30 days.

Accordingly, failure by the Professional User to pay the price when due, or failure to comply with any clause of these terms, automatically results, without prejudice to any damages the Site may claim as a result of the non-payment, in:

  • the Professional User immediately losing access to the Software;
  • the Professional User’s user account being changed into a free account.

Upon receipt of payment of the price within a maximum of 30 days, the Professional User regains the benefit of their paid subscription.

If payment is not made within 30 days, the subscription will be terminated.

Rdv360 undertakes to keep the customer’s data for thirty (30) days after the termination date, unless legal obligations require otherwise.

After that, the customer’s data will be destroyed without notice.

Rdv360 reserves the right to terminate a contract automatically and immediately in the event of use of the services provided under this contract that is deemed abusive. Use is considered abusive if the monthly use of the services under the contract exceeds 1.5 times the monthly average observed per Rdv360 customer.

XIII. CREATION OF A WEBSITE BY RDV360 FOR THE PROFESSIONAL USER

Rdv360 allows the Professional User to create a website, provided that they have subscribed with the Company to the paid version of the Rdv360 software for 39.90 euros per month excluding taxes.

Rdv360 undertakes to provide a website template previously chosen by the Professional User from a list offered by Rdv360, and to provide a management module that allows the Professional to modify the template content themselves in order to customize it.

XIV. SMS AND MAILINGS

The Professional User can send messages by SMS through Rdv360. To send SMS, the Professional User must have a sufficient bundle.

If the Professional User’s SMS bundle is insufficient, Rdv360 will offer to sell them an SMS bundle. SMS bundles purchased are non-refundable.

Professional Users can send information mailings through Rdv360 by SMS. Any use of Rdv360 is the responsibility of the Professional User, who undertakes to send messages only to people who have agreed to receive them in accordance with applicable laws.

In addition, Rdv360 reserves the right to refuse to send a mailing deemed non-compliant.

AUTOMATIC RENEWAL OF SMS CREDIT

Case of the Professional User using a credit card as their payment method on Rdv360:

  • The Professional User can request automatic renewal of the SMS bundle to avoid running out of credit and having sending stop. To do so, the Professional User can activate this feature in the “Mon abonnement” (My subscription) menu. By activating this feature, the Professional User authorizes Rdv360 to purchase an SMS bundle each time the credit is about to run out; the Professional User’s credit card will then be charged and the SMS credited to their Rdv360 account.

Case of the Professional User not using a credit card as their payment method on Rdv360:

  • The Professional User can request automatic renewal of the SMS bundle to avoid running out of credit and having sending stop. To do so, the Professional User must activate one or more automatic SMS notifications (for example, an SMS appointment reminder). By activating this notification, the Professional User authorizes Rdv360 to purchase an SMS bundle at the start of each subscription period. The number of SMS purchased will be estimated by Rdv360 to cover the Professional User’s sending needs for the entire subscription period. The number of SMS purchased will be calculated on the basis of past usage statistics. The Professional User will be invoiced for the amount of SMS credit purchased.

XV. CLOSING THE USER ACCOUNT

XV.1. At the user’s initiative

The User can close their account on simple request. Deletion of the profile and of the related personal data is permanent. Rdv360 cannot be held liable for the consequences of this deletion. (See “Personal data”.)

XV.2. At Rdv360’s initiative

Rdv360 reserves the right to suspend or delete a member’s account immediately, without compensation or notice, in the event of any breach of one of the rules of these general terms of use and sale. Deletion of the profile and of the related personal data is permanent. Rdv360 cannot be held liable for the consequences of this deletion. (See “Personal data”.)

XVI. LIABILITY

XVI.1. Exemption from liability of the Company

The Company cannot be held liable if it has not been notified of a change in the User’s situation or in their contact details.

Rdv360 cannot be held liable for the actions of the Professional User.

The User expressly refrains from publishing any content that is insulting, defamatory, disparaging, slanderous, racist, xenophobic, contrary to morality and decency, that undermines public order or the rights of third parties, that is likely to harm the rights, reputation and image of the Company and, more generally, whose content would breach the law and/or regulations, in particular criminal law.

In the event of a fault attributable to the User, Rdv360 cannot incur any civil or criminal liability.

In particular for:

  • misuse of the service by the User;
  • disclosure or unlawful use of the password created;
  • storage of information that is illegal or contrary to the purpose and normal use of Rdv360;
  • partial or total destruction of stored information following errors directly attributable to the User.

Users warrant to Rdv360 that the content they post online complies with applicable law, that they hold the intellectual property rights, that it does not infringe the rights of third parties, and that it is not the subject of any infringement or other action.

The professional User can grant third parties (colleagues, for example) more or less extensive access rights to their professional account. The professional User who decides to grant access rights to a third party does so under their sole responsibility.

The User undertakes to inform the Company immediately in the event of unauthorized or malicious use of their account by a third party.

Rdv360 is not responsible for the content published on the Professional User’s website created by Rdv360.

In addition, the User accepts that it is technically impossible to offer a Service free of any defect and that Rdv360 cannot commit to doing so.

Use of the Site by the User implies knowledge and acceptance of the characteristics and limitations of the technologies inherent to the Internet, in particular with regard to response times when consulting or querying the server hosting the Site, technical performance, the risks of interruption and, more generally, any risk incurred when transmitting data.

Consequently, defects may make the Software temporarily unavailable or affect the operation of the Site by causing malfunctions in appointment booking, without the Company being held liable.

The User is informed that the service may be interrupted for technical reasons, in particular for maintenance.

The User waives any claim against Rdv360 following the unavailability of the services.

In addition, the User waives any claim against Rdv360 in the cases below, without this list being exhaustive:

  • any network malfunction preventing the proper operation of the Site
  • loss of any data;
  • any information viewed on the Site that has not been posted online by Rdv360;
  • the consequences of any computer virus, bug, operating anomaly of the Software or failure;
  • any damage caused to the computer of the Individual User or of the Professional User.

The User acknowledges that the services fall within a complex field of information technology and that it has not been possible to carry out all usage tests. The User therefore accepts any errors or imperfections of the Software or the Site and waives any claim against Rdv360 in this respect.

In addition, Rdv360 reserves the right to make any improvement or change it deems useful to the Site and, in particular, to modify, add, suspend or remove any feature. Professional Users declare that they are aware that the Site and its features evolve constantly and accept this without reservation. They release Rdv360 from any liability in this respect.

Rdv360 makes a Directory available to everyone free of charge. Given the very large number of listings, Rdv360 does not guarantee that the information shown is up to date or correct. By using the Site, the User agrees to release Rdv360 from any liability concerning any inaccuracies in the content and information presented, whatever the cause or nature of the inaccuracies and whatever their consequences for the User or third parties.

XVI.2. Liability for transactions between Individual Users and Professional Users

The Professional User is solely responsible for the information provided in their listings (features of the services, prices, terms, etc.). Agreements to buy and sell services are concluded directly between Individual Users and Professionals.

Rdv360 is bound only by an obligation of means (best efforts). When putting Individual Users and Professional Users in contact, its purpose is not to perform the services itself.

Rdv360 cannot be held liable for errors in the Professionals’ availability as indicated by Professional Users to Individual Users. Nor can the Company be held liable for difficulties related to bugs in appointment booking by Individual Users.

Rdv360 has no control over the services offered, nor over the ability of Professionals to provide services, nor over the ability of Individual Users to pay for said services.

Users bear full responsibility for any commitments they may make following the booking of an appointment on Rdv360.

Professional Users are solely responsible for their e-commerce page and for the sales they make on it, with regard to third parties, RDV360 and their customers.

Rdv360 is not responsible for processing the payments made on professionals’ pages. RDV360 can at no time be held liable in the event of an incident or dispute relating to online payment or to the business relationship between Professional Users and their customers.

XVII. WARRANTY AGAINST EVICTION

Rdv360 represents and warrants that the Services it has developed are original within the meaning of the French Intellectual Property Code, and that it holds all the intellectual property rights that allow it to enter into the contract.

The Company represents and warrants that the services it offers are not likely to infringe the rights of third parties.

XVIII. FORCE MAJEURE

Any event beyond the control of the parties that cannot reasonably be foreseen or overcome will be considered an event of force majeure in accordance with the provisions of Article 1218 of the French Civil Code.

The Company will be entirely released from liability if the non-performance of any or all of the obligations incumbent upon it under these terms results from a case of force majeure.

In the event of force majeure, the Company will be released from the performance of its contractual obligations, without the User being able to claim any compensation for any loss whatsoever.

If the event of force majeure lasts longer than four (4) weeks, each of the parties will be entitled to terminate the contract by registered letter with acknowledgment of receipt, at no cost.

XIX. DATA PROCESSING

In accordance with the provisions of French Law No. 78-17 of January 6, 1978 on information technology, data files and civil liberties, and with the GDPR, which came into force on May 25, 2018, the Site has been declared to the CNIL (Commission Nationale Informatique et Libertés, the French data protection authority).

XIX.1. Data collected

As part of the necessary and normal operation of the Rdv360 SaaS software, the following data may be collected:

  • account opening: when the Individual User creates a user account, their last name, first name, phone number, address, email and password, and IP address;
  • profile: for the Individual User, in addition to the data provided when opening the account, the list of Professionals viewed, appointments booked, purchases made, date of birth, keywords, gender and origin;
  • payment: for the payment of products and services offered by Rdv360, no bank data is collected by the Software, which uses its service provider Stripe for secure payment.

Rdv360 states that the Software is not intended to collect health data, even though it is intended in particular for health Professionals.

Indeed, the free-text field allows Professional Users to create text content intended for Individual Users or to be kept by the Professional User. Rdv360 does not control this content.

With regard to the content created and kept by the Professional User, Rdv360 is solely a technical service provider.

Indeed, only the Professional User will be considered the data controller within the meaning of Article 3 of Law No. 78-17 of January 6, 1978 on information technology, data files and civil liberties.

Consequently, the Professional User is informed that they are themselves responsible for any health data that may be collected in the free-text fields of the Software. It is their responsibility to process this data in compliance with legal requirements.

XIX.2. Use of data

The purpose of the personal data collected from Individual Users is to provide the Rdv360 services, improve them and maintain a secure environment.

This data is strictly necessary for the normal use of Rdv360.

More specifically, personal data is used for the following purposes:

  • access to and use of Rdv360 by the User;
  • management of the operation and optimization of the Site;
  • verification, identification and authentication of the data sent by the user;
  • putting Individual Users and Professional Users in contact through Rdv360, and appointment booking.

After the user account is closed, or the subscription is terminated by the Professional User, their data is kept by Rdv360 for 30 days before being destroyed, unless legal obligations require otherwise.

XIX.3. Sharing personal data with third parties

Personal data may be shared with third parties in the following cases:

  • when the User authorizes a third-party website to use their data;
  • if required by law, Rdv360 may transmit data in order to respond to claims brought against the Company and to comply with administrative or judicial proceedings;
  • when Rdv360 uses service providers for its development, its maintenance or for technical reasons;
  • if Rdv360 is involved in a merger, acquisition, sale of assets or receivership proceedings, it may have to sell or share all or part of its assets, including personal data. In this case, Individual or Professional Users would be informed before the personal data is transferred to a third party.

XIX.4. Security and confidentiality

Rdv360 implements organizational, technical, software and physical digital security measures to protect personal data against alteration, destruction and unauthorized access.

However, it should be noted that the Internet is not a fully secure environment and Rdv360 cannot guarantee the security of the transmission or storage of information on the Internet.

XIX.5. Exercise of Users’ rights

The User has the following rights:

  • they can update or delete the data concerning them by logging in to their account and configuring the settings of the user account,
  • they can delete their user account by writing to the following email address: adresse e-mail protégée
  • they can exercise their right of access, to find out the personal data concerning them, by writing to the following email address: adresse e-mail protégée
  • if the personal data held by Rdv360 is inaccurate, they can request that the information be updated, either by modifying it directly in the user account or by writing to the following email address: adresse e-mail protégée
  • they can request the deletion of their personal data, in accordance with applicable data protection laws, by writing to the following email address: adresse e-mail protégée

More specifically, the Professional User can export, in Excel format, the data of their user account as well as their customer database.

The Individual User is informed that the Professional User may keep data concerning them, without Rdv360 being able to intervene in this collection.

The only data that can be deleted by Rdv360 is the data entered when the account was opened. Consequently, the processing of personal data relating to appointments and to the Professionals viewed cannot give rise to any liability on the part of Rdv360.

Data is deleted within a maximum of 30 days from receipt of the User’s request.

XX. AMENDMENT OF THESE GENERAL TERMS

The Company reserves the right to modify all or part of these General Terms at any time and with immediate effect.

The applicable General Terms of Use are those in force on the website on the day Rdv360 is used.

The applicable General Terms of Sale are those in force on the website on the day the Professional User takes out a Subscription

Amendments to the General Terms of Sale will not apply to subscriptions previously taken out by the Professional User and confirmed by the Company.

Hyperlinks on the Site may take the Professional User to partner websites.

Rdv360 has no control over the content of these websites. It cannot be held liable if their content breaches the legal and/or regulatory provisions in force.

To give all Internet users optimal browsing of this Site and better operation of its various interfaces and applications, Rdv360 may place a cookie on the computer of the Individual User or the Professional User.

Cookies make it possible to store information about browsing on Rdv360. These cookies are intended to be kept on the User’s computer for a variable period of up to one year and may be read and used by Rdv360 during a later visit by the User to Rdv360.

Internet users can block these cookies, change how long they are kept, or delete them through their browser’s settings interface.

In that case, browsing on Rdv360 will not be optimized. If systematically disabling cookies in the User’s browser prevents them from using certain services, this malfunction can in no event constitute damage.

Internet users can also delete the cookies placed on their computer by going to the dedicated menu of their browser.

In Internet Explorer: Tools tab (gear-shaped icon at the top right) / Internet options. Click Privacy and choose Block all cookies. Confirm with OK.

In Firefox: at the top of the browser window, click the Firefox button, then go to the Options tab. Click the Privacy tab. Set the History rules to: use custom settings for history. Finally, uncheck the box to disable cookies.

In Safari: click the menu icon (shown as a gear) at the top right of the browser. Select Settings. Click Show advanced settings. In the “Privacy” section, click Content settings. In the “Cookies” section, you can block cookies.

In Chrome: click the menu icon (shown as three horizontal lines) at the top right of the browser. Select Settings. Click Show advanced settings. In the “Privacy” section, click Preferences. In the “Privacy” tab, you can block cookies.

XXII. INTELLECTUAL PROPERTY

The website created for the Professional User under a paid Subscription to Rdv360 does not entail the transfer of the intellectual property rights in said website. The Company retains the intellectual property in the technology made available to the Professional User. The Professional User, on the other hand, retains the copyright in the content published, provided that it meets legal requirements.

The Contract does not grant the User any ownership rights in the Software or its Services. The temporary provision of Rdv360 under the conditions set out in the Contract cannot be interpreted as the transfer of any intellectual property right to the User, within the meaning of the French Intellectual Property Code.

The User refrains from reproducing any element of the Software, or any documentation relating to it, by any means, in any form and on any medium whatsoever.

No title or right of any kind in any element of the Software will be obtained by downloading or copying elements of the Site.

Any User is strictly prohibited from reproducing (except for their personal, non-commercial use), publishing, editing, transmitting, distributing, displaying, removing, deleting or adding to the Site and the elements and Software it contains, as well as from modifying them or creating any work based on them, or selling or taking part in any sale relating to the Site, the elements of the Site or any related software.

The Site may contain links to other websites that are neither published nor controlled by the Company, which cannot be held liable for the operation, content or any element present on or obtained through these websites. The inclusion of such links, or the reference to any information, articles or services provided by a third party, cannot and must not be interpreted as an express or tacit endorsement by the Company of these websites, these elements or their content.

Any questions or comments relating to another website must be addressed to the operators of that website. No link to Rdv360 is permitted without the express, prior written authorization of the Company.

Any use by any User of the company names, trademarks and distinctive signs belonging to the Company is strictly prohibited, except with the express prior agreement of the Company.

XXIII. GOVERNING LAW, INTERPRETATION, AMICABLE SETTLEMENT AND JURISDICTION

These General Terms are governed by French law.

If one or more provisions hereof are held to be invalid by a law or regulation, or declared as such by a final decision of a competent court, they will be deemed unwritten, and the other provisions will retain their full force and effect.

In the event of a disagreement between the User and the Company on the quality, scope or terms of the service, the aggrieved party must inform the other party by registered letter with acknowledgment of receipt. Upon receipt of this letter, and within fifteen (15) days, the other party must propose an amicable settlement of the dispute to the aggrieved party.

Consumer mediation: in the event of a dispute that has not been resolved amicably and that has been the subject of a written complaint sent by the consumer customer to the company, the User may submit the dispute to the consumer mediator, whose contact details are as follows: Médiateur de la consommation FEVAD, BP 20015, 75362 PARIS CEDEX 8, France

If this attempt fails or no response is received, the aggrieved party may bring the dispute before the competent courts.

The User therefore undertakes to follow the amicable settlement procedure before going to court, as this attempt at mediation is a condition for the admissibility of the User’s legal action.

Any dispute between the Company and a User, whether concerning the formation, performance, interpretation, validity, termination or cancellation of these General Terms of Sale and Use, will fall within the jurisdiction of the courts within the territorial jurisdiction of the Rennes Court of Appeal and will be governed by the rules of French law. The rules applicable to consumer law will apply.