Conditions Générales d'Utilisation

The website diabet.fr (the “Site“), published by the company Liver Holding (Diabet’) (“Diabet’” or “we“), presents the activities of the medical office dedicated to diabetes Diabet’.
The access, consultation, navigation and/or use of the Site and its services implies full and unreserved acceptance of these general terms of use (the “GTCs“) which aim to define the terms of use of the Site and its services by any person accessing, consulting, navigating and/or using all or part of the Site and its services (a “User“).
Therefore, before using the Site and its services, the User is invited to read these T&Cs. If the User refuses, in whole or in part, any of the provisions of these T&Cs, they are asked not to use the Site and its services.
These T&Cs are available at any time on the Site and will prevail, if necessary, over any other version or any contradictory document.
The User is informed that any online appointment made with Diabet’ via the Doctolib platform to which the Site redirects is subject to the Terms of Use of Doctolib Services and the personal data protection policy of Doctolib.
You can ask all your questions directly to Diabet by sending an email to the following address: [email protected].

Access to the site and services

Access to the Site and its services is technically possible twenty-four (24) hours a day, seven (7) days a week, subject to the occurrence of a force majeure event, possible failures or any maintenance operation necessary for the proper functioning of the Site and its services.
In any case, the User acknowledges having the skills and means necessary to access and use the Site and its services. To this end, the User must have a computer, a mobile phone, a tablet or any other device with an internet connection, the settings of which allow the Site and its services to function properly.

In general, the User declares to be aware of the risks associated with browsing on internet sites and the use of online services and accepts them. The User particularly acknowledges that the information that is transmitted or stored there may be intercepted or altered, regardless of the will of Diabet’.

In this regard, it is strongly recommended for the User to take all necessary precautions to protect against the effects of potential computer hacking. This can be done by adopting a secure and suitable computer configuration for their computer, mobile phone, tablet, or any other device used (for example, by installing a virus detection software that is regularly updated).

Services offered on the site and data protection

Terms of access to the services offered on the Site

To benefit from the services offered on the Site, the User must:

• be of legal age ;
• have the capacity and required quality to benefit from the services of the Site ;
• Use the Site and its services in accordance with these Terms of Use.

Furthermore, access to the services offered on the Site sometimes requires filling in the mandatory fields of the form associated with the desired service (for example, pre-consultation questionnaire, contact form, application for a job offer).

The User guarantees the truthfulness and accuracy of the information provided in this context. The User specifically undertakes not to create a false identity that could mislead Diabet’ or third parties, and not to usurp the identity of another individual. In the event that the User provides false, inaccurate, outdated, incomplete, misleading, or likely to deceive information, Diabet’ may, immediately without notice or compensation, deny them access, temporarily or permanently, to all or part of the Site and its services.

The User is informed and agrees that their personal data will be communicated to the doctor or health professional practicing within the Diabet’ center (the “Health Professional“) with whom they book a consultation as well as to all Diabet’ computer service providers whose intervention would be necessary for the proper performance of services.

To learn more about how Diabet’ uses your personal data and how to exercise your rights regarding this, you are invited to consult the Privacy Policy.

For all matters relating to cookies, the User is invited to consult the Cookies Policy.

Services offered on the Site

From the Site, the User can:

• Access the information available on Diabet’ and the center;
• Completing questionnaires ;
• Make an online appointment with a Health Professional via the Doctolib platform to which the Site redirects;
• Contact Diabet’ for any information request;
• Check out the job offers available at Diabet’ and apply if necessary.

General obligations of the user

The User specifically prohibits:

• To use the Site and its services for commercial purposes, solicitation, canvassing or advertising;
• Any behavior that could harm the integrity, operation, or security of the information system that is the basis for the functioning of the Site and its services;
• Any intrusion or attempted intrusion into the information systems of Diabet’;
• Any breach or attempt to breach the security measures of the Site;
• Any collection, extraction, or use, in any way, of the information present on the Site;
• And more generally, any act likely to harm the rights and interests of Diabet’ or third parties.

In the event of a breach of these Terms of Use or prevailing regulations, including any unauthorized use of the Site and its services observed by Diabet’, the latter reserves the right to terminate this contractual relationship, as a matter of course, without prior notice or compensation, as well as to block any future access of the User to all or part of the Site and its services.

Intellectual property

The Site and all its components or those made available to Users, including the pre-consultation questionnaire, trademarks, logos, photographs, programs, source codes, object codes, data, databases, animated or non-animated images, sounds, drawings, graphics, videos, texts, layout, appearance, structure, as well as any other element not related to hyperlinks to third-party sites, are the property of Diabet’ or are subject to a license granted for its benefit by any holder of intellectual property rights.

All of these elements are subject to the provisions of French and international regulations applicable to intellectual property, including the Intellectual Property Code and, therefore, are protected against any unauthorized use by law or these T&Cs under penalty – in case of non-compliance – of legal proceedings.

Diabet’ grants the User a personal, non-exclusive and free right to consult and use the Site and its services for their own use and strictly within the framework of the operations authorized under these Terms and Conditions.

Subject to the rights of use granted to the User by Diabet’, the use of the Site and its services does not entail any license, nor any transfer of rights related to the elements of the Site in favor of the User. In particular, any copying, reproduction, representation, adaptation, modification, full or partial distribution of the Site, as well as all or part of its content, by any means and on any medium, is unlawful unless prior, express and written authorization from Diabet’ or the holder of the intellectual property rights.

Failure to comply with these stipulations, especially for commercial exploitation, may result in legal action on the grounds of infringement and/or unfair competition and/or parasitic action by the rights holders concerned. This is without prejudice to the other rights of Diabet’, including the right to seek compensation for damages suffered.

Responsibility

The Site is provided to the User free of charge. Although Diabet’ strives to provide a reliable Site, Diabet’ does not guarantee that it is free from errors, inaccuracies or omissions, periods of unavailability, flaws or defects. Furthermore, Diabet’ does not guarantee the accuracy, quality, legality or suitability for a particular purpose of the Site, the services offered thereon and the content published thereon. Consequently, the User acknowledges that they use the Site, the services offered and the content published thereon under their sole responsibility.

In particular, Diabet’ cannot be held responsible by the User for any errors in the entry of their contact details, especially regarding the entry of their phone number.

Diabet’ draws the User’s attention to the fact that it does not in any way guarantee the availability of the Healthcare Professional for a consultation. Diabet’ only acts as an intermediary between the User and the Healthcare Professional. Diabet’ cannot be held liable for the unavailability of a Healthcare Professional for a consultation. Any potential dispute that may arise between the User and the Healthcare Professional should be addressed directly between the said User and the Healthcare Professional.

Under no circumstances should the information available on the Site be used as a substitute for the advice and diagnosis of a healthcare professional, nor should it exempt from a medical consultation if necessary. Any decision made from the information available on the Site is the sole responsibility of its author, and Diabet’ is therefore in no way responsible for these decisions, either directly or indirectly, nor for any direct or indirect damage that may result from them.

The Site presents notably the rates of fees or ranges of rates of fees that the health professionals of the medical office practice, as well as the reimbursement rate by the health insurance in force corresponding to the proposed services. The User is informed that the final price of the care service may vary according to the type of consultation actually carried out and that this information is therefore provided only as an indication.

Furthermore, Diabet’ cannot be held responsible for any direct or indirect damages that may result:

• From any malfunction or contamination of the computer, mobile phone, tablet or any other equipment used by the User during or after browsing the Site, inability to access or poor usage conditions attributable to these equipment, the Internet service provider, the congestion of the Internet network, or any other reason external to Diabet’;
• Any electronic or telephone communication costs incurred from the use of these devices are solely the responsibility of the User and will not be borne by Diabet’;
• Of any interruption, temporary or permanent, of all or part of the functionalities of the Site notably in case of maintenance, modification or update of the Site, in case of technical incident and, more generally, in case of an event beyond the control of Diabet’;
• Of any consequence that could arise from the contents of third-party websites to which the hyperlinks that may be present on the Site refer;
• Any indirect damages that may be suffered by the User;
• For any damage suffered by the User or a third party resulting from use of the Site not in accordance with these T&Cs;
• From any failure to fulfill the obligations provided for in these GCU which would be due or find its origin in a fortuitous event or a case of force majeure as defined by article 1218 of the civil code.

In the event that Diabet’ is held responsible for damage not foreseen in this article, its liability will be limited to certain, actual and direct damages.

Subsequently, under no circumstances can Diabet’, its representatives and partners be held liable for indirect damages resulting from the use of the Site, the services offered there, and the content published there, including loss of earnings, loss of profit, loss of opportunity or damages resulting from the loss of data caused by the inability to use the Site and its services.

Modification

The present T&Cs are dated precisely and may be modified and updated by Diabet at any time, particularly in the event of changes to the Site or applicable regulation.

The applicable T&Cs are those published on the Site at the time the User accesses the Site. Therefore, the User is encouraged to review the T&Cs each time they access the Site.

This version of the Terms of Use replaces all previous versions.

Website termination

Diabet’ reserves the right to interrupt, temporarily or permanently, access to all or part of the Site or the services offered thereon, particularly in the event of cessation of the activity related to the provision of the Site or in the event of collective proceedings.

Transfer

Subject to applicable law, the User consents to these T&Cs binding them to Diabet’ being assigned, transferred or contributed in any way. In the event of the transfer of the company to a third party, these T&Cs binding the User to Diabet’ will automatically be transferred to the assignee.

Hypertext links

The Site may include hyperlinks to external sites or sources, other than those published by Diabet’. Since Diabet’ cannot control these sites and external sources, Diabet’ cannot be held responsible for the provision of these sites and external sources, and thus declines any responsibility for the contents, advertisements, products, services or any other material available on or from these sites or external sources. Also, the decision to activate the hyperlinks belongs exclusively to the User.

Diabet’ reminds the User that non-affiliated external sites or sources are subject to their own terms of use.

If the User wishes to create a hyperlink referring to the Site, they must obtain prior written permission from Diabet’ by sending an email to the following address: [email protected].

Diabet’ may, at its sole discretion, accept or reject any request made to it for this purpose. Diabet’ is under no obligation to accept such a request, nor to provide any reason for rejecting such a request if appropriate.

Validity of the T&Cs

Each of the articles of these Terms of Use applies separately. Any change in the applicable regulations in force, or any decision by a court or competent authority invalidating one or more articles of these Terms of Use, cannot affect the validity of the entire Terms of Use. Such a change or decision in no way authorizes the User to ignore the valid provisions of these Terms of Use.

Language

The present T&Cs are written in French. In the event that they are translated into one or more languages, only the French text would be legally binding in the event of a dispute.

Applicable Law / Jurisdiction

The present General Terms of Use and the operations resulting from them are governed, interpreted and applied in accordance with French law.

In the event of a dispute regarding their interpretation or execution, Diabet’ and the User will seek, before any legal action, an amicable agreement and will communicate to this effect all necessary information elements.

In the absence of an amicable agreement between Diabet’ and the User within a period of two (2) months from the notification of the dispute to the other party, express jurisdiction is given to the courts of Paris.