These Terms of Use of the Platform Upfeel.io, called "Terms of Use of the Platform" constitute a contract between :
You, hereinafter referred to as the "Beneficiary",
Or
You, hereinafter referred to as"Practitioner",
Or
You, hereinafter referred to as the "Company",
Indistinctly designated as"Users of the Upfeel.io Platform
And
The company Upfeel Services, SAS, with a capital of € 1,000, registered in the Paris Trade and Companies Register under number 894966142, whose registered office is located at 9, rue Louis David - 75116 Paris, represented by Mr. Jonathan Ferrebeuf, acting in his capacity as owner and operator of the Upfeel.io Platform
Hereinafter referred to as "the Company".
By your access to www.upfeel.io (hereinafter "the Platform Upfeel.io") and the services offered, you accept without reservation the Terms of Use of the Platform in their latest version and you agree to comply.
Contents
User of the Platform: Refers to the person who consults the Platform Upfeel.io, whatever its status, and who has or not an access to spaces reserved for registered Users.
Registered User: Refers to a User who submits information for the purpose of creating an account, either as a Beneficiary, or as a Practitioner or in their capacity as a Company, client of the Company.
Beneficiary (ies): Refers to the registered User, natural person, benefiting from a prepaid credit allowing him to book Consultations through the Platform Upfeel.io.
Practitioner(s) : Refers to the User natural person, certified psychologist or certified coach registered on the Platform Upfeel.io in order to offer its services in the form of Consultations.
Company (ies): Refers to the registered user, company, educational institution, local authority or any other legal entity that has concluded a contract allowing it to make available to designated Beneficiaries, Consultations, content and technical means of the Platform Upfeel.io.
Consultation(s): Refers to the physical or remote appointment between a Beneficiary (individual consultation) or several Beneficiaries (group consultation) and a Patrician, in response to a Request for consultation made through the Upfeel.io Platform.
Consultation request(s): Refers to requests for booking Consultations on a specific date and time slot sent by a Beneficiary to one or more Practitioners, through the Upfeel.io Platform.
Upfeel.io Platform : : Refers to the websites www.upfeel.io and/or the mobile application Upfeel.io, accessible by the Beneficiary to consult content or organize Consultations with Practitioners.
Payment of Consultations: Means the payment made to the Practitioner by the Company at the end of one or more Consultations performed in response to Consultation Requests made through the Upfeel.io Platform.
Credit Programme: Refers to the commercial offer subscribed to by the Company and determining the number of Consultations available on the basis of the number of designated Beneficiaries and the desirable rate of use.
The Terms of Use of the Upfeel.io Platform define the terms of use of the Upfeel.io Platform by its Users, whether Companies, Beneficiaries or Practitioners.
On the basis of the commercial offer subscribed by the Company for the benefit of its employees, students, managers and any other member of the latter, the Upfeel.io Platform offers the Beneficiaries the possibility to request and book Consultations, physical or remote, according to their choice and availability, with the Practitioners listed on the Platform.
The Upfeel.io Platform provides Beneficiaries with the available reservation slots for each Practitioner and allows them to make Consultation Requests by requesting the reservation of available time slot(s).
The Practitioner who is the subject of the Consultation Request is then informed of the Consultation Request concerning him.
It undertakes to make its best efforts to confirm this Request for Consultation as soon as possible.
The Beneficiary may, if he/she wishes, contact the Upfeel.io Platform at the address contact@upfeel.io to benefit from assistance relating to the operation of the site in case of difficulty in making a Consultation Request.
Consultations are not performed on the Upfeel.io Platform and are conducted under the sole responsibility of the Practitioner, in accordance with the terms of the General Conditions of Services applicable to Practitioners and also available on www.upfeel.io.
It is expressly recognized by the Users that the Upfeel.io Platform is an intermediation tool providing its Users with technical means to facilitate their interactions.
Neither the Company, nor the Upfeel.io Platform can, in any case, and at any time, be held responsible neither for the services provided by the Practitioners, nor for the requests or behaviour of the Beneficiaries before, during or after the Consultation.
However, any user has the opportunity to contact the Platform Upfeel.io to report any behavior or content illegal or obviously inappropriate another user of the Platform.
All reports can be sent to contact@upfeel.io.
However, the Platform is not intended for use by minors, people with psychiatric illnesses, people in psychological emergencies or people with suicidal urges. The same applies to people suffering from a mental illness or forced into therapy by a court order.
The Platform Terms of Use can be saved on the computer and/or printed.
The Terms of Use of the Platform to which each User has subscribed will be electronically archived for ten (10) years; during this period, a copy will be sent on request by email to contact@upfeel.io.
By using the Platform Upfeel.io, the User acknowledges having read, understood and accepted without reservation the Terms of Use of the Platform and the Privacy Policy and Protection of Personal Data.
The Company may at any time modify and update the Terms of Use of the Platform Upfeel.io and its Privacy Policy and Treatment of Personal Data.
In this case, the Platform's Users are informed before the effective date of application of the new conditions.
The new provisions shall apply automatically to services provided from their effective date of application.
It is advised to Users of the Platform Upfeel.io to keep regularly informed of the current version of the Terms of Use of the Platform and its Privacy Policy and Treatment of Personal Data.
The conditions in force are available at any time on the corresponding links available on the Upfeel.io Platform.
The site Upfeel.io is published by the Company Upfeel Services which also operates the services of the Platform Upfeel.io.
Upfeel Services is a SAS, registered in the Paris Trade and Companies Register under number 894966142 and whose registered office is located at 9, rue Louis David - 75116 - Paris.
Contact: contact@upfeel.io
Telephone: 0677796103
Director of Publication: Jonathan Ferrebeuf
The Upfeel.io Platform is hosted by AWS (Amazon Web Services).
The Upfeel.io Platform is accessible 24 hours a day, 7 days a week.
However, the Platform Upfeel.io reserves the right, without notice or compensation to :
In case of temporary or prolonged unavailability of the Platform Upfeel.io, especially in the case of occurrence of "bugs" or in case of permanent closure of the latter, the Platform Upfeel.io can not be held liable for damages, other than those arising directly from the breach of obligations listed in the Terms of Use of the Platform.
The Platform Upfeel.io does not guarantee an uninterrupted operation, nor that the servers that give access to it and / or third party sites for which appear hyperlinks do not contain viruses.
Neither the Company nor the Platform Upfeel.io can be held responsible in the event that one or more Users fail to connect or in case of a technical fault, computer (equipment or software) or any other problem, whatever the origin or cause.
The User is not required to register to have access to certain content of the Platform Upfeel.io.
Nevertheless, in order to benefit from the matchmaking services, registration will be required and the Platform's Terms of Use will apply.
When registering, the User of the Platform Upfeel.io undertakes to provide accurate and sincere information.
Registration is exclusively personal; it cannot be made on behalf of a third party and cannot be transferred.
The identifier of the User of the Platform Upfeel.io corresponds to the personal email address of his choice.
This address must be active. The User agrees to the use of this address for correspondence with the Platform Upfeel.io and in particular the connection with other Users of the Platform Upfeel.io.
The Password is determined by the User of the Platform Upfeel.io during his first connection. It is strictly confidential but can be changed online at any time from his personal account.
The User undertakes to choose a password that meets the following conditions:
The User is responsible for his or her identification details to third parties.
The Platform Upfeel.io can not be held responsible for direct or indirect damage suffered by the User or by third parties, resulting from fraudulent access to the account of the User, following a disclosure by the latter of its identification elements.
If the User loses or forgets his or her Password, he or she may request the creation of a new Password by clicking on the link "I have lost my password".
When creating a Beneficiary account, the User in question will be invited to finalise his/her identification by inserting his/her professional address.
The Use of the Beneficiary's business address is strictly reserved for the identification of the applicable Credit Programme.
The Company undertakes to limit the use of the business address exclusively to the identification of the Credit Programme associated with that address and not to send any correspondence through it to the said Beneficiary.
From the validation of its registration, the User of the Platform Upfeel.io accesses a personal space and services offered by the Platform Upfeel.io according to its status.
The creation of an account requires the communication to the Platform Upfeel.io, information and different documents, depending on the status of the User.
The Company reserves the right to refuse registration of a User whose file is incomplete or whose information and / or documents provided are inaccurate, incomplete, inoperable or non-compliant with the requirements of the Platform Upfeel.io.
Registration on the Platform Upfeel.io is concluded for an indefinite period.
However, the Platform User may close his account at any time by sending an email to contact@upfeel.io
At the time of the Request for consultation, during the Consultation and after it, the User of the Platform Upfeel.io undertakes to adopt an appropriate behavior.
Any behaviour or communication (prior to, during or after the Consultation), which may be considered inappropriate by the Practitioner or the Beneficiary (disrespectful behaviour or abusive, obscene or racist, sexist or homophobic remarks) may give rise to cancellation or suspension of the Consultation without any right to reimbursement/settlement for the User at fault.
Consultations take place at the dates and times agreed between the Beneficiary and the Practitioner.
The Beneficiary and the Practitioner undertake to attend at the agreed time, place and date.
The Beneficiary may cancel a Consultation Request without consequences, provided that a minimum of twenty-four (24) hours' notice is given before the start of the Consultation by sending a written message (email or sms) directly to the Practitioner.
In the event of cancellation in accordance with this notice, no credit will be deducted and the Beneficiary will be able to make a new reservation without charge.
In the event of cancellation less than twenty-four (24) hours before the time of the Consultation and in the absence of a written request, the Consultation is considered due and, consequently, deducted from the Credit Programme allocated to the Beneficiary.
In the event of cancellation at the initiative of the Practitioner, the latter undertakes to inform the Beneficiary at least twenty-four (24) hours before the start of the Consultation by sending a written message (email or sms) directly to the Beneficiary.
At the initiative of the Practitioner and subject to the agreement of the Beneficiary, a new date for the Consultation may then be agreed.
The Practitioner is bound by the strict obligation to preserve the confidentiality of his exchanges with Beneficiaries and by the respect of applicable ethical rules, including in particular professional secrecy, where applicable.
Conversations between Practitioners and Beneficiaries are not recorded by the Upfeel.io Platform and the data resulting from their discussions are not transmitted to any third party.
The use of the Upfeel.io Platform by the Beneficiary is also confidential.
The Company undertakes not to reveal to the Companies or to third parties either the identity of the Beneficiaries or the recurrence of the services provided.
However, it reserves the right to aggregate anonymised data for statistical reporting purposes.
The Platform Upfeel.io has no access to information transmitted, revealed or exchanged between the Beneficiaries and the Practitioners during Consultations and therefore excludes any responsibility in this regard.
However, the Beneficiary remains responsible for the confidentiality of the content revealed during the Consultations. He is solely responsible for the information he transmits, reveals or communicates to the Practitioner and to him alone.
Users undertake to use the Platform in a fair manner, in accordance with its purpose and the applicable legal and regulatory provisions, as well as these Terms of Use of the Platform and current practices.
Users of the Platform Upfeel.io are prohibited from transmitting, publishing, distributing, recording or destroying any material or content of the Platform Upfeel.io, in violation of laws or regulations in force and in particular the provisions relating to the collection, processing or transfer of personal information.
Users of the Platform Upfeel.io refrain from selling, exchanging or monetizing data, information and any content of the Platform Upfeel.io, referencing or creating links to any content or information available on Platform Upfeel.io and use data, information or content for purposes other than those for which such information has been made available.
Users of the Platform Upfeel.io are prohibited from using data, information or content of the Platform Upfeel.io to conduct one or more competing activities.
Users of the Platform Upfeel.io are prohibited from infringing or using the products, logo, trademarks or any other element protected by intellectual property rights, to practice reverse engineering, decompile, disassemble, decipher or otherwise attempt to obtain the source code in relation to any underlying intellectual property used to provide all or part of the services offered by the Platform Upfeel.io or to simulate its appearance or operation, for example, by proceeding with a mirror effect.
Users shall refrain from attempting to use software or manual devices or automata, robots or other means to access, explore, extract or index any page of the Platform Upfeel.io and endanger or attempt to endanger the digital security of the Platform Upfeel.io either by attempts to control, scans or tests of the vulnerability of the system or network or by the violation of security measures or authentication and attempts to activate computer viruses.
In case of :
These Terms of Use of the Platform Upfeel.io, and in particular Article 6 ;
General Terms of Service ;
From the Privacy and Personal Data Processing Policy ;
The Company reserves the right - without the User being able to object or claim any compensation - to :
.- Take all appropriate measures and take any legal action and, where necessary, notify the competent authorities, cooperate with them and provide them with all information relevant to the investigation and prosecution of illegal or unlawful activities.
It is reminded that breaches of system or network security may lead to civil and criminal proceedings against the offending Users.
The User of the Platform Upfeel.io agrees as part of its registration, its connection with other users and access to consultations, that personal data concerning him, are collected and processed by the Platform Upfeel.io.
The data provided by the User during registration are personal data whose collection and processing are provided in the Privacy Policy and Treatment of Personal Data of the Platform Upfeel.io.
This personal data is processed in accordance with the provisions of Law No. 78-17 of 6 January 1978, known as the Data Protection Act, as amended, and European Regulation 2016/679 of 27 April 2016.
By accepting the Terms of Use of the Platform Upfeel.io, the User acknowledges having read the Privacy Policy and Treatment of Personal Data and having accepted it.
The Platform Upfeel.io undertakes not to collect any health data and to process personal data of the User only in the context of managing access to the Platform Upfeel.io and the organization of Consultations.
In return, the User authorizes the Platform Upfeel.io to transmit the personal data required for the organization of Consultations and agrees to the conservation of these data by the Platform for security purposes, in order to comply with legal and regulatory obligations applicable.
The Beneficiary acknowledges that the personal data that is transmitted to the Practitioner for the purpose of organising Consultations will be processed by the Practitioner as the data controller.
The Company shall not be held responsible for the processing of personal data by the Practitioner in the context of the Consultations.
The Beneficiary is invited to contact the Practitioner concerned for any request relating to the processing of personal data transmitted in the context of Consultations.
All information contained on the Platform Upfeel.io (including text, illustrations, images, graphics, photos, videos, animations, trademarks) are its exclusive property or its providers and are protected under intellectual property.
The User of the Platform Upfeel.io agrees to use this information or elements exclusively within the framework and for the sole purpose defined by these Terms of Use of the Platform.
ny reproduction, distribution or representation of the protected data without prior written authorisation constitutes an infringement and may result in civil and/or criminal proceedings.
The Platform Upfeel.io has no control over the content of third party sites and accepts no responsibility for these sites.
The existence of a hyperlink between the Platform Upfeel.io and a third site does not mean that the Platform assumes any guarantee and responsibility for the content of this third site or the use that can be made. It is the responsibility of the User to take the necessary precautions to ensure, in particular, the absence of viruses on the site visited.
The responsibility of the Platform Upfeel.io can not be committed in case of force majeure or facts beyond its control.
The Terms of Use of the Platform Upfeel.io are governed and interpreted in accordance with French law.
In case of disagreement between the Platform Upfeel.io and a user of the Platform Upfeel.io, the parties agree to seek prior amicable settlement.
The User of the Platform Upfeel.io may address any prior claim in writing to the following address: contact@Upfeel.io
If the disagreement persists, the dispute will then be resolved in accordance with :
Any legal dispute will be brought before the French court with territorial and material jurisdiction.
Conditions updated to 11 May 2021