Terms and conditions of use of the PassCare platform
Last updated on November 06, 2019
The company InnovHealth Group, a SAS with capital of 43,530 euros, registered with the Reims RCS under number 818 991 929 and whose registered office is located at 21 rue de Courcelles 51100 Reims (hereinafter “the Company”), offers on its websit particulier.passcare.com, a secure platform for creating and managing a digital health passport for patients and healthcare professionals.
Access to the site, its consultation and use are subject to the unreserved acceptance of these General Terms and Conditions of Use. Consequently, please read these conditions carefully before using the PassCare platform.
Preamble – Definitions
Each of the terms mentioned below shall have the following meaning in these General Terms and Conditions of Use of the Platform (hereinafter referred to as the “GCU”):
Subscriber : means any user who has taken out a paid subscription with InnovHealth Group for the use of the Site;
Subscription : refers to the package subscribed to by any Subscriber with a view to using one or more Services offered on particulier.passcare.com.
Subscription “individual offer”: means a paying Subscription taken out for a monthly or annual period of the Member’s choice and allowing him/her to use the Services described in Article 3 of these GCU.
Family PassCare Subscription : means a Paid Subscription taken out for a monthly or annual period of the Member’s choice and allowing him/her to access, for the duration of the said Subscription, all the Paid Services described in Article 3 of these GCU.
Acknowledgement of Receipt: refers to the e-mail sent to the Subscriber or User by InnovHealth Group summarizing the essential elements of his subscription contract or his Profile and including, for this purpose, some of the elements of the Registration Form.
Charter on the Protection of Personal Data : means the policy of confidentiality and protection of users personal data implemented by InnovHealth Group which forms an integral part of these Terms and Conditions of Use.
General terms and conditions :means the present contract, which constitutes the entire contractual relationship between InnovHealth Group and the Subscriber;
Data (s) Personal data (s) : refers to the Member’s personal data collected and processed by InnovHealth Group in the context of the creation and management of his/her Personal Profile and as defined in the Personal Data Protection Charter.
Registration Form :means the form enabling the Subscriber or User to communicate his Profile to InnovHealth Group.
Withdrawal form :designates the form allowing the Member to implement the right of withdrawal of his Subscription. The Withdrawal Form is available in the appendix to these TOS and by clicking here.
Identifiers : means the combination of a login (email address) and a password allowing the Subscriber to access the Platform, the Site and, in general, the Services offered by InnovHealth Group;
Member : refers to any natural person of full age who subscribes to the Services for his or her personal needs or the needs of his or her minor children and who has created, for this purpose, a Personal Profile and/or one or more child profile(s) on particulier.passcare.com
PassCare :means the PassCare card that can be ordered on the Site and physically attached to the User’s account;
PassCare Platform :means the PassCare platform made available to Users on the Website as described in article 3 of these T&C;
Profile :means the information communicated by the User when registering or when logging on, namely the personal data of the Subscriber or User necessary to manage his subscription or access to the Site and the method of payment chosen for the services thus selected. It also refers to the Profile containing the health information provided by the Subscriber;
Service :all the Services offered by the Site to any User and Subscriber to any PassCare offer whatsoever;
Signature : means the acceptance of the present General Terms and Conditions of Use by the Subscriber and/or the User by validating online by clicking on the validation button on the Registration Form ;
Site : refers to the website operated by InnovHealth Group and accessible mainly from the URL particulier.passcare.com and allowing Users to access via the internet to the PassCare platform and their digital health passports online as described in article 3 of these T&C ;
Subscription Price : means the price of the subscription taken out by the Subscriber, as indicated on the Subscription Form, in force on the date of Signature ;
Transaction : refers to the transactions that validate the subscription formula between InnovHealth Group and the User, from the validation of the payment and receipt of confirmation of payment of the subscription on the User’s mailbox, under the subscription contract concluded between them through the use of the Secure Payment Service;
User : refers to any visitor who has access to the PassCare platform via the Site and consults the PassCare Platform as well as his online Patient account, where applicable.
The terms defined herein shall have the same meaning whether they are used in the singular or in the plural.
ARTICLE 1 – CONDITIONS OF ELIGIBILITY OF SERVICE
The Service is reserved for adults only. If the User is a minor, he/she undertakes to obtain prior authorisation from his/her parents or (or) holder(s) of parental authority to use the Service. The User declares that the holder(s) of parental authority has (have) agreed to be the guarantor(s) of the User’s compliance with all the GCU. The holder(s) of parental authority is (are) invited to monitor the use made of access to the Service and to bear in mind that all the functionalities of the Site are paid for.
ARTICLE 2 – ACCEPTANCE OF THE GENERAL TERMS AND CONDITIONS OF USE
The User is presumed to know and accept, without reservation, all of the GCU by the sole fact of his connection to the Site or use of the Services, regardless of the digital reception terminals used.
The User is invited not to connect to the Site, nor to use the Services if he does not accept all or part of the documents referred to above.
The Company may at any time modify the terms of the GCU. The User is expressly informed that the version in force is the one that is posted at the URL address https://particulier.passcare.com/conditions-generales-d-utilisation/ on the date of his or her access to any of the Services, which the User acknowledges and accepts without restriction, undertaking to refer to it systematically each time he or she connects.
ARTICLE 3 – DESCRIPTION, ACCESS AND PRICE OF THE SERVICE
Description of the service
InnovHealth Group makes available to Users, via the site particulier.passcare.com
and subject to having a valid subscription, secure access to a platform for managing the Subscriber’s health information.
In particular, the Services include the possibility to create a Personal Profile and/or a Family Profile and to access all the services and functionalities included in the Individual PassCare Subscription and/or the Family PassCare Subscription presented on InnovHealth Group.
The Service allows the User to subscribe to two types of subscription, depending on the offer from which he or she benefits.
Solo PassCare Formula
The creation of a Personal Profile offers all Members the possibility of accessing the Services on an unlimited basis, for the entire duration of the access and validity of their Personal Profile.
The Member is free, at any time, to terminate access to the Services and request the deletion of his or her Personal Profile. To do so, the Member sends an e-mail to InnovHealth Group at the following address email@example.com
InnovHealth Group undertakes to process this request in accordance with the terms and conditions of the Personal Data Protection Charter.
Family PassCare Formula
The creation of the Family Profile offers all Members the possibility of accessing the Individual Offer, but also offers them the possibility of creating and managing child profiles on an unlimited basis for the entire duration of access and validity of their Family Profile.
The Member is free, at any time, to terminate access to the Services and to request the deletion of his/her Family Profile. To do so, the Member sends an e-mail to InnovHealth Group at the following address firstname.lastname@example.org
InnovHealth Group undertakes to process this request in accordance with the terms and conditions of the Personal Data Protection Charter.
Access to the service
Access to the Services is exclusively reserved to the User. The User is identified by an identifier (email) and a password, the use of which is his sole responsibility.
Equipment allowing access to the site particulier.passcare.com
as well as all telecommunications costs incurred by their use shall be borne by the Member. Consequently, it is the Member’s responsibility to take all appropriate measures to protect its Personal Data, information and/or software from any form of contamination by any viruses originating in particular from the Internet network.
Access to the Subscriber’s PassCare profile is for private and exclusive use.
The Subscriber guarantees to InnovHealth Group that his Personal Data is accurate, up to date and complete concerning his identity and contact details. In particular, the Subscriber undertakes to provide an effective and valid e-mail address of which he or she is the owner.
The Subscriber also undertakes to update his Personal Data (in particular his e-mail address) as soon as any of them is changed in order to maintain the accuracy of his information by going to his Personal Profile.
The Subscriber also certifies that the photo that may be posted on his or her Personal Profile represents him or her.
The User is solely responsible for the management of access authorizations to his or her profile and health data.
The User, as part of his or her healthcare journey, will be able to authorise access to his or her Profile to healthcare professionals using his or her PassCare card linked to his or her account. For this purpose, when the healthcare professional flashes the Heart Code or enters the public key of the PassCare Card, the User will receive a temporary code by SMS that he/she must communicate to the healthcare professional in order to confirm the authorization of access to the PassCare Platform.
It is strictly forbidden for the User to condition access to his profile on any direct or indirect remuneration.
The User may access his/her PassCare profile directly from the home page of the Site.
Price of the service
Access to the Site as well as to the presentation of the Services is free for the User. Only the order of one or more Subscriptions will be subject to payment by the User.
The prices of the Subscriptions are mentioned on the Site in euros and all taxes included. The applicable prices are those valid on the day of the order on the Site by the User.
The prices of the Subscriptions and any additional costs related to the order are indicated, in a clear and comprehensible manner, on the order summary. Before placing the order, the Customer is required to confirm this summary.
Currently, InnovHealth Group offers its Users a monthly “Individual Offer” Subscription at €2.99 per month or €29.99 per year without obligation and a monthly “Family Offer” Subscription at €3.99 per month or €39.99 per year.
InnovHealth Group reserves the right to change the price at any time.
Any price change will take effect as of the next payment concerned, and will be explicitly communicated via the Site or any other available means of communication.
The User’s bank details are processed and stored securely by our partner Stripe. InnovHealth Group does not retain any data concerning your banking information.
Payment is therefore subject to Stripe’s General Terms and Conditions in addition to our General Terms and Conditions.
Terms of payment
Prices will be charged on the basis of the rates in force at the time of the order. An invoice summarizing all the Services ordered by the User as well as their respective cost will be systematically sent to the User.
The Client will pay the price directly on the Site, and imperatively before any subscription validation by InnovHealth Group, in accordance with the process provided for this purpose.
Payment by the User is a prerequisite for the validation of his order.
Right of withdrawal
The User acknowledges having received all the information relating to the Services offered on particulier.passcare.com
and more specifically to the various Subscription formulas before subscribing to them and that the offer of these Services complies with the requirements for the provision of services provided at a distance, in particular via the Internet.
In accordance with the provisions of Article L.221-18 of the French Consumer Code, the User has a right of withdrawal and can thus decide to withdraw from his Subscription without having to give a reason for doing so, within a period of (14) calendar days from the date of confirmation of his Subscription by InnovHealth Group.
In order to do so, the Member must inform InnovHealth Group of its intention, at the latest within the aforementioned fourteen (14) days, and this :
-Either by completing and sending to InnovHealth Group the Withdrawal Form annexed to the present General Terms and Conditions of Services and Use and by complying with the instructions contained therein;
-Either, by clearly and unequivocally declaring its intention to withdraw from the contract, including the essential information to do so, by e-mail or by post to InnovHealth Group at the address given in Article 1 of the Legal Notices of particulier.passcare.com.
As soon as possible after InnovHealth Group has received the withdrawal form or the notification of the User’s wish to exercise his/her right of withdrawal, InnovHealth Group will acknowledge receipt of the withdrawal form or notification of the User’s wish to exercise his/her right of withdrawal by e-mail.
The costs associated with sending the withdrawal form are borne by the User.
In the event that the User expressly wishes to benefit from the Subscription before the expiration of the aforementioned period of fourteen (14) days and then decides to withdraw from the Subscription, the User will owe InnovHealth Group an amount corresponding to the prorated use of the Subscription until the User has communicated his or her intention to withdraw from the Subscription.
InnovHealth Group will then reimburse the User for an amount equal to the totality of the sums paid at the time of subscription, less the amount corresponding to the time the Subscription has been executed until the notification of the User’s decision to withdraw. Reimbursement will be made as soon as possible and, at the latest, within fourteen (14) days from the date on which InnovHealth Group was informed of the User’s decision to withdraw.
Refunds will be made using the same means of payment as that used by the User to subscribe to the Subscription, unless the User expressly requests the use of another means of payment and provided that the refund will not incur any costs for the User or InnovHealth Group.
Delivery of the PassCare Card
By La Poste (at normal mail delivery times).
The User must imperatively indicate the delivery address and the billing address if they are different as well as the telephone number and e-mail.
Delivery times and deadlines are those usually practiced by the postal services. InnovHealth Group declines all responsibility in case of defect and/or delay in the delivery of the PassCare card caused by a total or partial malfunction of the postal service.
ARTICLE 4 – USER ACCOUNT
In order to access the PassCare platform, the User will need a personal PassCare account to use and access his or her health profile.
Therefore, the Subscriber agrees to be responsible for maintaining the confidentiality of his or her account and password, for restricting access to his or her computer and other equipment, and to the extent permitted by applicable law, agrees to be responsible for all activities that occur under his or her account or password. Subscriber shall take all necessary steps to ensure that his or her password remains confidential and secure. Subscriber must immediately notify InnovHealth Group if Subscriber has any reason to believe that his or her password is known to someone else, or if the password is being or is likely to be used in an unauthorized manner. The User is responsible for the validity and completeness of the information provided. The User shall inform InnovHealth Group without delay of any changes to this information. The User can access his or her information in the Your Account section of the Website.
ARTICLE 5 – NON-COMPLIANCE OF T&Cs
In the event of non-compliance with the TOS by the User, the Company reserves the right to temporarily interrupt access to the Service for the time necessary to collect any information required to resolve the conflict.
Once the Service has been suspended and after sending a formal notice to the User that has remained without effect for a period of fifteen (15) days, the Company reserves the right to terminate the Service unless the cause for suspension has disappeared during this period or if the Company grants the User additional time to fulfil its obligations.
ARTICLE 6 – RESPONSABILITY
Consultation and use of the Site is the responsibility of the User.
The Company may not be held liable for any damage resulting from access and/or use of the Site and the information it contains.
InnovHealth Group makes its best efforts to make the Service accessible 24 hours a day and 7 days a week, regardless of scheduled maintenance operations, subject to the provisions of this article.
Nevertheless, InnovHealth Group cannot be held liable in the event of damage inherent in the use of the Internet network, in particular due to a break in service, external intrusion or the presence of viruses resulting from the User’s means of communication.
Access to the Service is provided on an “as-is” basis and is accessible on an as-available basis.
InnovHealth Group makes no express or implied warranties, including but not limited to warranties as to the quality and fitness of the services for a specific purpose, and as to the non-infringement of the rules of use by its Users.
Furthermore, it is specified that InnovHealth Group cannot be held liable to Users or third parties for any error, omission or inaccuracy in the Personal Data communicated by the User during registration. Similarly, InnovHealth Group shall not be held liable for the quality and truthfulness of the health information provided by the Subscriber on his User profile.
Responsibility of the User
The User is solely responsible for the quality, precision, relevance and accuracy of the information he or she provides on the Site for the purposes of his or her order and particularly concerning his or her health information. InnovHealth Group cannot be held liable in this respect.
The Customer is therefore solely liable to InnovHealth Group and, where applicable, to third parties, for any damage of any nature whatsoever caused by any information or any other publication communicated, transmitted or disseminated on the occasion of the present contract, as well as for any breach on its part of the present contractual stipulations.
The User is, moreover, solely responsible for the choice of Subscriptions ordered through the Site.
The User declares having kept a copy of the digital files before uploading them to the Site. Thus, InnovHealth Group cannot, under any circumstances, be held liable for the loss or destruction of the files.
The User may not validly save or transmit images, data that infringe the property rights of others and that do not belong to him/her.
All Users undertake to comply with all laws, rules and regulations in force concerning the prohibition of the distribution of pornographic or obscene images, and not to use the Site in contravention of any law, rule or regulation. Each User acknowledges that he or she is informed that images perceived to be in violation of any applicable laws, rules or regulations may be submitted by InnovHealth Group to law enforcement authorities, who will treat them accordingly.
The User may not save or transmit files that contain viruses or programs that destroy data, failing which the User may be held liable.
The User is also informed that the Company may have to temporarily interrupt access to the Site for technical reasons, in particular for maintenance purposes. The User accepts these interruptions without reservation and waives any claim in this respect.
ARTICLE 7 – UNDERAGE PEOPLE
Although our platform allows the creation of children’s profiles, we do not offer or sell our subscriptions directly to minors.
We sell Services for children for purchases by adults. If you are under the age of 18, you may use the PassCare platform only under the supervision of a parent or guardian and only with their prior consent.
ARTICLE 8 – INTELLECTUAL PROPERTY
All intellectual property rights (such as, in particular, copyright, neighbouring rights, trademark rights, rights of database producers) relating to both the structure and the contents of the Site and, in particular, images, sounds, videos, photographs, logos, trademarks, graphic, textual, visual elements, tools, software, documents, data, etc., are protected by copyright. (hereinafter referred to as “Elements”) are reserved. These Elements are the property of InnovHealth Group. These Elements are made available to Users, free of charge, for the sole use of the PassCare platform and the Secure Payment Service and within the framework of a normal use of its functionalities. Users undertake not to modify the Elements in any way.
The user is not authorized to reproduce, represent or commercialize these contents except in cases provided for by law or expressly authorized by their owner.
Any unauthorised use of the Elements of the Website and the Applications will result in a violation of copyright and constitutes an infringement. It may also lead to a violation of image rights, personal rights or any other rights and regulations in force. It may therefore engage the civil and/or criminal liability of its author.
It is prohibited for any User to copy, modify, create a derivative work, reverse engineer, reverse engineer, reverse assemble or otherwise attempt to locate the source code, sell, assign, sub-license or transfer in any way any rights in the Elements.
Any User of the PassCare platform undertakes in particular not to :
-use or query the PassCare platform and/or the Secure Payment Service on behalf of or for the benefit of others;
-extract, for commercial or non-commercial purposes, all or part of the information or Classified Ads present on the PassCare platform and on the Site and Applications ;
Reproduce on any other medium, for commercial or non-commercial purposes, all or part of the information or Classified Ads on the PassCare platform and on the Website and the Applications, making it possible to reconstitute all or part of the original files;
-use a robot, in particular a spider, a search or retrieval application for websites or any other means to retrieve or index all or part of the content of the Website and the Applications, except in the case of express and prior authorization from InnovHealth Group;
-copy the information onto any kind of media allowing to reconstitute all or part of the original files.
Any reproduction, representation, publication, transmission, use, modification or extraction of all or part of the Elements in any manner whatsoever, made without the prior written permission of InnovHealth Group is illegal. These illegal acts engage the responsibility of their authors and are likely to lead to legal proceedings against them, in particular for counterfeiting.
The PassCare brands and logos, as well as the brands and logos of InnovHealth Group are registered trademarks. Any total or partial reproduction of these trademarks and/or logos without the prior written permission of InnovHealth Group is prohibited.
Any extraction and/or reuse of the database(s) within the meaning of articles L 342-1 and L 342-2 of the intellectual property code is prohibited.
InnovHealth Group reserves the right to take legal action against persons who have not respected the prohibitions contained in this article.
Links from the PassCare platform and/or the Secure Payment Service
The PassCare platform and/or the Secure Payment Service may contain hyperlinks redirecting to sites operated by third parties. These links are provided for information purposes only.
InnovHealth Group has no control over these sites and declines all responsibility for the access, content or use of these sites, as well as for any damage that may result from the consultation of the information present on these sites.
The decision to activate these links is the full and entire responsibility of the User.
Links to the PassCare Platform
No hyperlinks may be created to the PassCare Platform without the prior and express consent of InnovHealth Group.
If an Internet user or a legal entity wishes to create a hypertext link to the PassCare platform from its site, whatever the medium, it must first contact InnovHealth Group by sending an email to the following address email@example.com.
ARTICLE 9 – PRIVATE DATA
In accordance with regulations on the protection of personal data and recommended good practices in this area, InnovHealth Group has drawn up a Personal Data Protection Charter that specifically addresses these aspects.
For more comprehensive information on the processing of your personal data, InnovHealth Group invites you to consult its Charter for the protection of personal data
ARTICLE 10 – COOKIES
The storage period of these cookies in the User’s computer will not exceed thirteen (13) months.
However, the User is informed that he has the right to oppose the registration of these cookies, in particular by configuring his Internet browser to do so.
For more complete information on cookies, InnovHealth Group invites you to consult its cookies policy.
ARTICLE 11 – APPLICABLE LAW – DISPUTES AND JURISDICTION CLAUSE
If any part of the TOS should prove to be illegal, invalid or unenforceable, for any reason whatsoever, the provisions in question shall be deemed unwritten, without calling into question the validity of the other provisions, which shall continue to apply to Users.
The present GCU are subject to French law.
In the event of a dispute arising in connection with the performance, termination or conditions of this contract, the parties shall endeavour to settle their dispute amicably.
Subject to the applicable legal provisions of public order, any dispute relating to or resulting from the validity, execution, interpretation or formation of the present General Terms and Conditions will be the subject, as a matter of priority, of a request to the Company to obtain an amicable solution and, in the absence of conciliation, to the exclusive jurisdiction of the courts of Reims (France).