General conditions of use and sale

Who we are ?

Our URL website is : https://cancerconsult.fr.

General provisions common to the GGU and GSV

1. Legal information

1.1. Editor of the CancerConsult Platform

The Platform CANCERCONSULT is published by the Company CancerConsult, a simplified joint stock company whose headquarters are located at L'Hôtel Vaudron 61340 Perche en Nocé, and whose offices are at 22 rue des Martyrs, 75009 Paris and registered in the Trade and Companies Register of Alençon under number 884 920 810 (hereinafter referred to as "the Company CancerConsult" or "CancerConsult"), represented by Patricia Rigaud. 

Director of the publication: Patricia Rigaud, as President of CancerConsult, which is not a health professional.

Editor: Patricia Rigaud, in her capacity as President of CancerConsult, which is not a health professional. Phone : 09.72.32.70.22. 

1.2 Certified health data host

The company CHEOPS, whose head office is located at 37 Rue Thomas Edison, 33610 Canégan - France and registered with the Bordeaux Trade and Companies Register under the number 415 050 681. CHEOPS is represented by Mr Nicolas Fleuriot. Tel: 05.56.18.83.83

2. Definitions

The terms defined below have the meaning and scope given in their definition in the context of the conclusion and execution of the General Terms and Conditions of Use of the CancerConsult Platform and the General Terms and Conditions of Sale of the Services.

TOU " means these General Terms and Conditions of Use for CancerConsult Services and Referring Expert Services by Users;

GTC " means the General Terms and Conditions of Sale of Services to Patient Users; the GTC are concluded between the Patient User and CancerConsult on the one hand, and between the Patient User and the Referring Expert(s) on the other hand; as such, the Patient User acknowledges that when he/she places an Order, he/she expressly accepts the GTC applicable to the CancerConsult Services and the Referring Experts' Services

CancerConsult " means CancerConsult as the provider of the CancerConsult Platform and certain Services ;

Order " means the submission of a request by the Patient User on the CancerConsult Platform to benefit from the Services of the Referring Expert(s) and the CancerConsult Services; The Order is an integral part of the Contractual Documents linking the Parties;

Personal Account  " refers to the account created by the User at the time of his/her first connection to the CancerConsult Platform and allowing access to his/her private and secure space for the delivery or use of the Services, as the case may be;

Content " refers to all texts, photographs, videos, illustrations, functionalities and more generally any element existing within the CancerConsult Platform published by CancerConsult 

Referring Expert " refers to any physician referenced on the CancerConsult Platform who delivers Services, according to his or her competence and choice, in accordance with his or her professional, ethical and contractual obligations, under his or her exclusive responsibility; the Referring Expert is authorized to use the CancerConsult Platform to deliver Services within the framework of the General Terms of Service (GTS) with CancerConsult and is bound by the GTS and the T&Cs with each Patient User at the time of his or her Order via the CancerConsult Platform.

Funding Organization ": means any company, private or public organization or organization in charge of a public service mission, and in general any legal entity, that provides all or part of the funding for certain Services of the CancerConsult Platform for the benefit of Patient Users; 

CancerConsult Platform " means the application and web interface accessible at https://cancerconsult.fr allowing Users to access various Services, and in particular to place an Order. 

Regulation " refers jointly to Law No. 78-17 of January 6, 1978 relating to data processing, files and freedoms as amended (known as the "Data Protection Act") and EU Regulation 2016/679 on the protection of individuals with regard to the processing of personal data and on the free movement of such data of April 27, 2016 (known as the "GDPR").

Data controller " within the meaning of the Regulation means the legal or natural person responsible for the processing of personal data; in the context of the CancerConsult Platform:

  • Each Expert Referrer is responsible for processing personal data relating to the Patient Users to whom he/she delivers a Service from the CancerConsult Platform;
  • CancerConsult is responsible for processing personal data relating to Users of the CancerConsult Platform in connection with the use of the CancerConsult Platform and the Services provided by CancerConsult.

Services " refers to all free or paid services and Contents in the field of cancerology made available to Users from the CancerConsult Platform and including the Services provided by CancerConsult and the Services provided by the Expert Referrers:

  • Services provided by CancerConsult " includes Services provided by CancerConsult from the CancerConsult Platform and in particular paid Services provided to Patient Users as part of the selection of a Service provided by a Referring Expert and free Services freely available to all Visitors.
  • Services provided by the Referring Expert(s) " includes the fee-based Services provided by the Referring Expert(s) to Patient Users:
    • The Expert Second Opinion Service, defined in the "Consultations" section;
    • The Service for obtaining a multidisciplinary opinion (only on the recommendation of a Referring Expert after submission of a second expert opinion), defined in the Section "Consultations";
    • The service to get advice on the disease environment.

Users " means, without the need to distinguish, the Patient User or the Referring Expert, each of whom uses the CancerConsult Platform.

Patient User " means any patient or his/her legal representative who has created a Personal Account and uses the Services offered by CancerConsult and the Referring Experts from the CancerConsult Platform; the Patient User acknowledges that when he/she selects a Service as part of an Order, he/she expressly accepts the GTC applicable to the Order. The Patient User, may be a person mandated by the patient, who acts in the name and on behalf of the patient, in execution of a mandate contract.

Visitor " means any individual accessing, visiting and/or browsing the CancerConsult Platform, for personal purposes, on an occasional or regular basis, who does not have a Personal Account.

3. Contractual documents 

The present Terms and Conditions of Use are composed of the Terms and Conditions of Use governing the use of the CancerConsult Platform and the Terms and Conditions of Sale governing the sale of Services provided by CancerConsult and the Terms and Conditions of Sale governing the sale of Services provided by the Expert Referrers from the CancerConsult Platform. Each User and/or Visitor agrees to the Terms and Conditions of the CancerConsult Platform. In particular, with regard to the Referring Experts listed on the CancerConsult Platform, each of them has also subscribed to the CancerConsult General Terms of Service (GTS). With regard to Patient Users, each of them also subscribes within the framework of an Order :

  • To the Terms and Conditions of Services provided by CancerConsult, entered into with CancerConsult,
  • To the Terms and Conditions of Services provided by each Referring Expert, concluded with each Referring Expert selected to handle the Patient User's request.

Indeed, as an Order is composed of both Services provided by CancerConsult and Services provided by the selected Referring Expert(s), the Patient User is hereby informed and acknowledges that by placing an Order, he/she accepts the Terms and Conditions of CancerConsult and the Terms and Conditions of each Referring Expert(s) selected to handle his/her request.

Each Patient User is informed of the processing of his or her personal health data by CancerConsult and by each Referring Expert selected via the Information and Consent Notice offered on the CancerConsult Platform. 

Each Patient/Visitor User acknowledges having read The Privacy Policy which complements the Information and Consent Notice.

The CGUV, the Information and Consent Notice and the Privacy Policy together form the Contractual Documents.

The invalidity of a provision of the CGUV thus judged by a competent court would not affect the validity of the other provisions of the present. Any waiver of one of the provisions of the CGUV shall not constitute a definitive waiver of the entire CGUV.

4. Applicable law

The CancerConsult Platform and Services are designed and implemented in accordance with French law and French and European regulations on the protection of personal data, which is recognized by Users, including foreign Users.

Each User warrants that he/she has the right to use the CancerConsult Platform and Services in accordance with his/her local regulations and acknowledges that CancerConsult, which is not in a position to verify this, will not be held liable in any way whatsoever. The CGUV will be executed and interpreted in accordance with French law.

In the absence of an amicable settlement, any dispute relating to the CancerConsult Platform or in connection with its use will be submitted to the French courts, regardless of the place of residence of the User/Visitor.

5. Complaints handling - CancerConsult customer service

Any complaint in connection with the Services of the CancerConsult Platform should be addressed to the CancerConsult Customer Service at the following e-mail address: contact@cancerconsult.fr or by post to CancerConsult, 22 rue des Martyrs, 75009 Paris.

The Patient User is informed that he/she must not transmit any health data relating to his/her health in the context of his/her exchanges with the CancerConsult Customer Service.

6. Evidence agreement - electronic signature

The computerized records kept in the computer systems of CancerConsult and its subcontractors will be considered as proof of communications and various transmissions of written and electronic documents between Visitors/Users, the CancerConsult Platform and CancerConsult and each Referring Expert.

The User acknowledges and accepts that, after authentication, any expression of willingness through the use of the features offered within the CancerConsult Platform, and in particular the acceptance of the T&Cs, and in addition for the Patient User, the information and consent notice and the CancerConsult GTCs for Services provided by CancerConsult and the GTCs of each selected Referring Expert for Services provided by the said Referring Experts, constitutes an electronic signature within the meaning of the provisions of Articles 1366 et seq. of the French Civil Code, and demonstrates his consent by characterizing his proof.

In accordance with the provisions of Articles 1366 et seq. of the Civil Code, the use of an electronic signature, based on a reliable identification process guaranteeing its link with the act to which it is attached, is considered a valid signature and evidence within the meaning of the aforementioned provisions.

The User may not challenge the admissibility, validity or evidential value of the aforementioned elements in electronic format or medium, on the basis of any legal provision whatsoever which specifies that certain documents must be in writing or signed to constitute evidence. Thus, the elements considered constitute evidence and, if they are produced as means of proof by CancerConsult in any litigation or other proceedings, will be admissible, valid and opposable in the same way, under the same conditions and with the same probative force as any document that would be established, received or kept in writing. 

General conditions of use

Any use of the CancerConsult Platform is subject to prior knowledge of and the express acceptance of these Terms of Use. Your attention is drawn to the fact that the acceptance of the present General Conditions of Use implies acceptance of the rules of access and use of the CancerConsult Platform.

1. Entry into force

The GTUs come into force without reservation for the User/Visitor on the day of acceptance of the GTUs - and in particular for the Patient User on the day of acceptance of the GTUs and the Information and Consent Notice - after having read and validated the content when creating his or her personal Account. 

The GCU remain in force with respect to the User/Visitor for all the time necessary for the use of the CancerConsult Platform by the User/Visitor and, with each Referring Expert, for each Service provided by them to the Patient Users. 

In general, the User acknowledges that the expression of his consent to the GTU and, for the Patient User, to the information and consent notice, is materialized by the activation of checkbox(es) associated with a proof agreement defined in these GTU.

The Visitor acknowledges that by browsing the CancerConsult Platform, he/she accepts without reservation the present Terms and Conditions.

2. General warnings

The CancerConsult platform, including all services and content accessible from the CancerConsult platform, does no qualify as a software medical device and does not in any way:

  •  To perform and remote medical monitoring as defined in Article L.6316-1 of the French Public Health Code: The CancerConsult Platform is not a tool for monitoring patient users. I no case, the information accessible to the lead experts via the CancerConsult Platform allows them to proceed to remote medical monitoring;
  • To take charge of emergency situations : If necessary, it is up to the user patient to call the emergency services, to go to the emergency services, to contact directly his doctor or any other competent specialist.

In no case, the services rendered to the benefit of the user-patient replace, in whole or in part, a diagnosis made by a physician after a physical clinical examination..

The patient user acknowledges that he / she alone makes decisions concerning his/her health with regard to the advice given by the referring expert(s) or any other doctor usually in charge of his/her follow-up, notwithstanding the advice and information provided via the CancerConsult platform.

3. Description of the CancerConsult Platform and Services

The user is warned that cancerconsult is in no way able to validate, control, verify the accuracy, reality, timeliness or completeness of the information and data entered and filled in under the sole responsibility, control and direction of the user on the occasion of the provision or use of services from the cancerconsult platform.

In this respect, it is recommended to be particularly attentive and vigilant at the time of the seizure and/or use of the information in order not to inform and/or use incomplete, ambiguous, inaccurate, misleading, obsolete information.

In addition, the use of the services is likely to rely on the collection and processing of the patient user's health data. Given the sensitivity of this data, the user is warned about the need to ensure access by third parties to his personal account.

3.1. Services offered

The Patient User has access from the CancerConsult Platform to the Services offered by CancerConsult and to the Services offered directly by the Referring Experts:

Free and paid services offered by CancerConsult and/or its scientific committee to Patient Users and VisitorsTechnical and administrative management service of the CancerConsult Platform
Service for managing the personal accounts of the users of the CancerConsult platform
Provision of Content accessible to Visitors
Provision of Content accessible to Patient Users 
Newsletter management
Management of the allocation of files for second opinion requests by the scientific committee according to the specialty and availability of the Lead Experts 
The CancerConsult Scientific Committee's online disease environment counseling service.
Paid services offered by each Expert Referrer to Patient UsersExpert Second Opinion Service;
The Service for obtaining a multi-disciplinary opinion (only on the recommendation of a Referring Expert after submission of a second expert opinion) ;
 
NB: In the case of Services offered by each Referring Expert to Patient Users via the CancerConsult Platform, CancerConsult assumes the sole responsibility of a technical intermediary as defined in Article 6 I 2 of the French law for confidence in the digital economy (known as "LCEN").

For more information on the data processing carried out on the CancerConsult Platform in the context of the Services offered, the Visitor and Patient User are invited to consult the Privacy Policy .

3.2 Presentation of the proposed services 

Each Referring Expert, referenced on the CancerConsult Platform, provides Services under his or her exclusive responsibility in accordance with his or her regulatory, professional, ethical and, if applicable, contractual obligations. Thus, the Lead Expert may consider, in application of his obligations, that he is unable to provide the User-Patient with his Services. In such a case, the Lead Expert shall inform the User-Patient and explain the reasons for the impossibility of providing the Services. In any case, the responsibility of the Expert Referrer can not be engaged for this reason, which the User Patient acknowledges and accepts..

The Patient User is alerted to the fact that the Expert Referee gives his opinion only from the of the information and medical documents documents that he transmits through the Platform when he submits a request. It is indeed reminded that no prior clinical examination is performed by the Lead Expert. The Patient User is therefore solely responsible for the accuracy, consistency and completeness of of the information and medical documents that he/she transmits through the Platform. The responsibility of the Lead Expert can in no way be engaged in the event that the opinion given by the Lead Expert would be erroneous due to the transmission by the User Patient ofof the information and medical documents 

ATTENTION: IN ORDER TO BENEFIT FROM A SERVICE, ALL INFORMATION AND MEDICAL DOCUMENTS TRANSMITTED BY THE PATIENT USER MUST BE WRITTEN IN FRENCH OR ENGLISH. NO OTHER LANGUAGE WILL BE ACCEPTED.

  • Expert second opinion service 

The Second Expert Opinion Service is a medical procedure delivered online by a Lead Expert of the CancerConsult Platform based on the information and medical documents that have been transmitted via the CancerConsult Platform by the Patient User and that are necessary for the management of his/her request.

The Second Expert Opinion Service is delivered asynchronously within seven (7) days following the submission of the complete file by the Patient User, except in exceptional circumstances (e.g. unavailability of a competent Referring Expert at the time of file submission). 

Once his personal Account is created, the Patient User can submit a request for a second expert opinion via the secure space, hosted by a certified health data host, provided for this purpose on the CancerConsult Platform.

The request for a second expert opinion is organized in four steps:

  1. The Patient User first fills in administrative and health information about himself; 
  2. The Patient User enters secondly information related to his pathology as well as his expert suggestion;
  3. The Patient User fills in the third part of the information related to his treatments;
  4. Finally, the Patient User is invited to upload the medical documents required to submit his application.

Once these four steps have been completed, the Patient User will be directed to proceed with payment for their second expert opinion request.

The request for a second expert opinion will then be studied and possibly assigned (if the doctor suggested by the patient is unable to respond to this request) to another competent Lead Expert by the CancerConsult scientific committee, depending on the specialty and availability of the Lead Experts referenced on the CancerConsult Platform.

The User Patient may also challenge the Expert Referrer assigned to process his or her case and may request that his or her case be assigned to another Expert Referrer. CancerConsult will use its best efforts to accommodate the Patient User's request based on which Competent Expert Referrers are available to handle the Patient User's request for a second expert opinion. If no other qualified Referring Experts are available, the Patient User will be notified and a solution will be mutually agreed upon between CancerConsult and the Patient User.

Only a complete request for a second expert opinion can be taken into account and will result in a second expert opinion within the 7-day period. Otherwise, the 7-day period will be suspended until the Patient User provides the additional elements requested.

The Patient User acknowledges and accepts the existence of the limitations described above to the benefit of the Second Expert Opinion Service which are characteristics of the Services and Content provided via the CancerConsult Platform. CancerConsult shall not be held liable for any such limitations.

The User-Patient acknowledges and accepts that in no case, the Service provided to the User-Patient replaces, in whole or in part, a diagnosis made by a physician after a physical clinical examination.

  • The Service for obtaining a multi-disciplinary opinion 

The Service allowing to obtain a multidisciplinary opinion is only accessible upon proposal of a Referring Expert after submission of a second expert opinion by the Patient User. A multidisciplinary opinion includes the intervention of several Referring Experts of different competence according to the pathology of the User-Patient (e.g. a surgeon/radiotherapist/anapathist etc.). If the Referring Expert consulted for a second expert opinion considers that the User-Patient's file requires a multi-disciplinary opinion, he will inform the User-Patient in advance. After agreement of the User Patient and payment for this new consultation, the multidisciplinary opinion of the Referring Experts requested may take place.

  • The Disease Environment Online Counseling Service

The Online Counseling Service is delivered by the physicians of the CancerConsult Scientific Committee. This Service allows Patient Users to ask questions about the disease environment through the CancerConsult Platform and to obtain a detailed and documented answer from the doctors of the CancerConsult scientific committee. The User Patient is alerted to the fact that the online counseling service does not in any way allow the delivery of telemedicine as defined in Article L. 6316-1 of the Public Health Code. The physicians on the Scientific Committee do not perform any diagnostic or treatment procedures in connection with the Online Consulting Service.

3.2. The Content accessible from the CancerConsult Platform

The CancerConsult Platform contains scientific and medical content published by CancerConsult. Despite all the care taken in processing the information, given the evolution of scientific knowledge, Patient Users are informed that the information offered to them is neither complete nor exhaustive and may not be immediately and systematically updated.

CancerConsult therefore draws the attention of the Patient User and the Visitor to the fact that the use of the Services from the CancerConsult Platform does not exempt him/her from consulting his/her usual doctor. It is the Patient User's and Visitor's responsibility to check before making any decision based on the Content accessible on the CancerConsult Platform, that it is in accordance with and appropriate to their needs. Before making any decision or in case of doubt, it is the responsibility of the Patient User and the Visitor to consult competent professionals.

In general, the Patient User and the Visitor each acknowledge that their use of the information and features of the CancerConsult Platform is under their sole control, direction and responsibility. 

CancerConsult shall not be liable for the interpretation or use of the Services and Content and information distributed through the CancerConsult Platform, nor for any consequences thereof.

4. Conditions of access to the CancerConsult Platform

The CancerConsult Platform and the Services are accessible after creation of a personal Account to the Patient Users after acceptance of the CGUV and the information and consent notice. Patient Users are natural persons of legal age.

If the beneficiary of the Services is a minor, then only the Patient User(s) of legal age with parental authority may declare and register a minor patient beneficiary of the Services on the CancerConsult Platform. The declaration and registration on the CancerConsult Platform of a minor patient who is a beneficiary of the Services is done under the sole responsibility, control and direction of the Patient User(s) of legal age with parental authority. 

If the beneficiary of the Services is an incapacitated individual under guardianship, then only the User Patient of legal age with the status of guardian may declare and register on the CancerConsult Platform a patient under guardianship who is a beneficiary of the Services. The declaration and registration on the CancerConsult Platform of a patient under guardianship who is a beneficiary of the Services is done under the sole responsibility, control and direction of the User Patient of legal age in his capacity as guardian.

In all cases, the consent of the beneficiary of the Services is systematically sought if he or she is capable of expressing his or her wishes and participating in the decision concerning him or her.

When subscribing to the Services and Contents of the Solution, CancerConsult reserves the right to ask Patient Users for any proof of parental authority or guardian status.

Finally, the Patient User may be a person mandated by the patient who is the beneficiary of the Services and who acts in the name and on behalf of the patient, in execution of a mandate contract that will be uploaded on the CancerConsult Platform when requesting advice.

Patient Users may not use the Services and Content provided on the CancerConsult Platform for any purpose other than that defined in these Terms and Conditions of Use, and in particular may not use the CancerConsult Platform, including the Services and Content, to promote a product, a service, a healthcare facility, a healthcare professional or a pharmacy, or generally for any advertising, promotional or professional purpose.

Any other use in violation of CancerConsult's rights will result in suspension of access to the CancerConsult Platform and, if necessary, prosecution. The User acknowledges and accepts that the entire cost of connecting to the Internet network remains at his or her sole expense. In addition, the User is informed that at all times, he/she must use the current validated version of the CancerConsult Platform. Under no circumstances may an older version of the CancerConsult Platform be used. The User may not oppose by any technical means the updating of the CancerConsult Platform.

4.1. Creating a Personal Account 

Access to the CancerConsult Platform and to the Services and Content offered via the CancerConsult Platform is subject to the creation of a personal Account by the Patient User.

When creating his personal Account, the User Patient is invited to transmit his identification information (name, email, address and country). The Patient User is then asked to create a secure password (see article 4.2 below). Once his personal Account is created, the Patient User can access the Services.

Finally, the Patient User is informed and acknowledges that the creation of a Personal Account for the use of the Services and access to the Content of the CancerConsult Platform implies the prior acceptance of the present GCUV, as well as the information and consent notice by means of two separate check boxes.

The CancerConsult T&Cs and the Referring Experts T&Cs will also have to be accepted through a checkbox at the time of payment via the CancerConsult Platform. 

The Patient User agrees to receive electronic messages and/or SMS to obtain confirmation of his registration and the creation of his Personal Account.

The Patient User undertakes to enter and declare the data that allow him/her to be identified under his/her full responsibility, control and direction and undertakes to provide complete, accurate and up-to-date information, and not to impersonate any third party, nor to conceal or change his/her age.In the event that the User provides false, inaccurate, misleading, incomplete or outdated information, CancerConsult reserves the right to suspend or deny access to all or part of the CancerConsult Platform, its Services and Content, temporarily or permanently, without notice or compensation. Furthermore, in such cases, CancerConsult declines all responsibility for the use of the CancerConsult Platform. 

4.2. Login to the Personal Account

The connection to the Personal Account is based on a reliable and secure authentication system of the Patient User. In this regard, when creating his personal Account, the User Patient enters a unique and personal password to access the CancerConsult Platform. The password defined by the Patient User must contain at least 8 characters including at least 1 number, 1 capital letter and 1 special character. 

The Patient User acknowledges that he is solely responsible for the use of his password and login.

The identification and authentication of the Patient User by means of his password and login (his email address) when accessing his Personal Account is irrebuttable imputability to the Patient User of the operations carried out once connected to his Personal Account by means of this password and login, under the conditions defined in the article "Convention of proof" of the present CGUV. In this regard, the Patient User undertakes to keep secret his authentication elements, it being understood that CancerConsult cannot be held responsible for any loss or damage arising from a failure to meet this obligation, any use of the aforementioned elements being made under the sole responsibility of the Patient User. 

In addition, the Patient User may, at any time, change his password in the "My Account" section accessible from his Personal Account, especially if he suspects that his passwords and/or identifier have been used by an unauthorized third party. In addition, the User Patient will renew his password every 6 months from his first connection, in accordance with the recommendations of the CNIL.

The attention of the User Patient is drawn to the fact that his Personal Account is likely to contain data relating to his health. Given its sensitivity, the User is warned of the need to ensure that third parties have access to his Personal Account. The User Patient implements under his responsibility all security measures useful and relevant for the needs of protecting access to his Personal Account.

The Patient User acknowledges that he/she can access his/her health data in compliance with the regulations on the exchange and sharing of health data:

  • The Lead Expert(s) in charge of its follow-up 
  • His or her attending physician and, if applicable, his or her oncologist (if different from the attending physician), unless he or she objects.

The Patient User is also informed that the doctors on the CancerConsult scientific committee, who are bound by professional secrecy, also have access to his/her health data in order to assign his/her request to a Lead Expert.

The CancerConsult team may have access to the health data of the User Patient only for administrative and technical management of the Services.

5. Obligations and responsibilities

CancerConsult is bound by an obligation of means in the context of the provision of the CancerConsult Platform and Services as far as it is concerned. Under no circumstances does CancerConsult assume any responsibility for the advice given in the context of the Services offered by the Referring Experts.

The User acknowledges that CancerConsult is bound by an obligation of means in the context of the provision of the CancerConsult Platform and the Services as far as it is concerned. CancerConsult cannot be held responsible for any material or immaterial damage, direct or indirect, whatever the cause (including damage that may be caused by the possible spread of viruses, by computer fraud, due to the constraints and limits of the Internet network or the loss, deterioration or alteration of files) or the resulting consequences:

  • of its use of the CancerConsult Platform and Services;
  • the impossibility of accessing the CancerConsult Platform and the Services offered by the Referring Experts, with the exception of direct damage resulting from gross negligence or intent.

The Patient User is responsible for the use of the CancerConsult Platform and the Service(s) he/she chooses and in particular for the information he/she receives in this context. The User-Patient remains fully and personally responsible for the use of the CancerConsult Platform and the Services under the conditions of common law. The User agrees to validate the suitability of the CancerConsult Platform and Services for his/her needs. He acknowledges that he alone makes any decision based on the Services, if any.

The Referring Experts are exclusively responsible for the Services they provide to Patient Users under the conditions defined by the regulations applicable to their profession and in particular under the conditions defined in Article L. 1142-1 of the Public Health Code. 

In general, Patient Users agree to use the CancerConsult Platform and Services:

  • in compliance with the laws, regulations and rights of third parties, in particular intellectual and industrial property rights;
  • in a fair manner and in accordance with its purpose. 

In particular, it is their responsibility to:

  • to meet their security obligations, in accordance with the "Security" section of the TOS;
  • to use the CancerConsult Platform and the Services in accordance with the GTC, the GTC and the legal and regulatory provisions in force;
  • not to market all or part of the Services accessible from the CancerConsult Platform.

In the event of non-compliance with one or more provisions of the GCU and/or these GTC, the User's access to the CancerConsult Platform may be unilaterally, by right and without notice, temporarily suspended or permanently blocked. 

6. Security

In general, maintaining the security of a Personal Account requires Users to: 

  • To respect the security instructions and in particular the rules relating to the definition and change of its authentication elements; 
  • To respect the management of accesses, in particular, not to use the authentication elements of another User, nor to seek to know this information;
  • To keep his authentication elements strictly confidential and not to reveal them to a third party, whatever his qualities and professional activities; 
  • Notify CancerConsult of any technical malfunctions or anomalies discovered, such as intrusions.

In particular, it is the responsibility of the User/Visitor to take all appropriate measures to protect their own data and equipment from contamination by viruses or other forms of attack that may be circulating via the CancerConsult Platform.

Users/Visitors acknowledge the existence of risks inherent in the use of telecommunications, even in the presence of secure access such as is implemented in the context of the CancerConsult Platform, and particularly in terms of :

  • Unreliability of the Internet ;
  • Continuity not guaranteed in access to the CancerConsult Platform and its Contents and Services;
  • Performance is not guaranteed, especially in view of the propagation of viruses; 
  • Any other technical constraints that are not under the control and responsibility of CancerConsult.

In no event shall CancerConsult be liable for any such risks and any adverse consequences to the User/Visitor to whatever extent.

7. Intellectual Property

CancerConsult owns the intellectual property rights to the CancerConsult Platform, its Services and Content.

The use of the CancerConsult Platform does not give the User/Visitor any ownership rights to the CancerConsult Platform, its Services and Contents. 

All the Services and Contents of the CancerConsult Platform, including but not limited to the domain name, trademarks, texts, graphic charter, graphics, photographs, drawings, sounds, images, audio and video, but also the tree structure, the navigation plan, the design and organization of its sections, their titles, existing or to come, is protected by intellectual property rights, held or claimed by CancerConsult, with the authorization of the holders of these rights, where applicable. 

Any use, reproduction, copy, distribution of all or part of the CancerConsult Platform, Services and Contents by the User/Visitor for any purpose other than private or other than the use of the CancerConsult Platform is prohibited. This right of use is non-transferable and non-exclusive.

Unless expressly authorized by CancerConsult, the User/Visitor is forbidden to reproduce, represent and use other than those mentioned above and in particular:

  • Any adaptation, reproduction, representation, making available to the public at its request or not, distribution, rebroadcasting in any form whatsoever, in part or in whole, derivative or otherwise, networking, public communication, whether free of charge or for a fee, of all or part of the works, services, and all elements protected or likely to be protected by intellectual property law reproduced within the CancerConsult Platform, Services and Contents;
  • Any link, access, modification, addition, deletion that relates to the CancerConsult Platform, Services and Content.

Any form of use of the CancerConsult Platform, Services and Contents in fraud of the rights of CancerConsult would constitute a counterfeit sanctioned by the Code of the intellectual property, likely to expose the authors of these acts to civil and penal legal proceedings.

The following are also prohibited:

  • Any commercial use in whole or in part of the CancerConsult Platform;
  • Any use for collective use of a nature or likely to create an illegitimate obstacle to the operation of the CancerConsult Platform.

CancerConsult reserves the right to take any action it deems appropriate to prevent or terminate infringement of its intellectual property rights or the intellectual property rights of others, without liability for such action.

In addition to its exclusive intellectual property rights on the structure of the databases used in the context of the product, as defined above, due to the substantial financial, material and human investments made by CancerConsult in the design, development, hosting and implementation of the CancerConsult Platform, Services and Content, the User acknowledges that CancerConsult is the "producer" of all databases produced in the context of the CancerConsult Platform, Services and Content in the sense of the provisions of Article L. 341-1 of the Intellectual Property Code, and thus has all property rights on the databases thus created, on an exclusive basis and for the entire legal duration of protection of databases as defined by the Intellectual Property Code. The rights of CancerConsult on the databases produced within the framework of the use of the Platform CancerConsult in execution of the present General Conditions of Use, are subject to the respect of the Regulation relating to the protection of personal data.

8. Protection of personal data

In accordance with the Regulations, personal data concerning the Patient User (including data relating to marital status, personal life, and data relating to his or her health within the meaning of the Regulations) and concerning the Referring Expert (including data relating to marital status, professional life) are collected and processed as part of the access and use of the CancerConsult Platform

8.1. Personal data relating to Patient Users 

The Patient User's personal data is processed both by CancerConsult for the Services provided by CancerConsult and by each Referring Expert for the Services he/she renders independently of the other Referring Experts.

Details of the information concerning the processing of the Patient User's personal data are provided in the Notice of information and consent expressly accepted by the Patient User when creating his or her Personal Account and in the Privacy Policy, which the Patient User acknowledges having read, accessible at this link link.

8.2. Personal data relating to the Expert Referrers

The personal data of the Referring Expert are processed by CancerConsult for the needs related to the management of the professional and commercial relationship. 

Details of the information concerning the processing of the Lead Expert's personal data are provided in the General Terms of Service (GTS) that the Lead Expert has entered into with CancerConsult.

8.3. Personal data relating to Visitors

Details of the information concerning the processing of the Visitor's personal data likely to be collected and processed by CancerConsult are provided in the Privacy Policy of which the Visitor acknowledges having taken cognizance, available on this link.

9. Hypertext links

9.1. From the CancerConsult Platform

CancerConsult does not check or select the content and sites that may be linked to the CancerConsult Platform and is in no way responsible for the content of the sites to which links are made, including the sites of partners who are published under their entire, exclusive and respective responsibility each for what concerns them. 

Their presence in no way implies that CancerConsult selects, qualifies, certifies, endorses or validates their content or accepts any responsibility for the content or use of such third party sites, including those of partners. 

Each Visitor/User accesses third-party sites under his or her own responsibility, including when links have been proposed from the CancerConsult Platform.

9.2. To the CancerConsult Platform

Any link to the CancerConsult Platform requires the express prior authorization of CancerConsult which can be requested at the following e-mail address: contact@cancerconsult.fr

10. Cases of force majeure

CancerConsult shall not be liable for the inaccessibility of the CancerConsult Platform, its Services and its Content caused by events beyond its control that could not be reasonably foreseen and whose effects cannot be avoided by appropriate measures, and preventing the performance of its obligations within the meaning of the legal definition contained in Article 1218 of the Civil Code ("Force Majeure").

The performance of the TOS will be suspended for the duration of the Force Majeure and CancerConsult will use its best efforts to stop the Force Majeure or to find a solution allowing it to perform its contractual obligations despite the Force Majeure.

If the impediment is definitive, the User/Visitor's access to the CancerConsult Platform will be terminated.

11. Modification of the Terms of Use and evolutions of the CancerConsult Platform

CancerConsult reserves the right to change the TOS or the rules regarding the use of the CancerConsult Platform, its Services and Content at any time. 

CancerConsult also reserves the right to make changes to the CancerConsult Platform, Services and Content. When using the CancerConsult Platform, the User/Visitor is using the updated version of the CancerConsult Platform.

The User will be informed of each new version of the T&Cs and the CancerConsult Platform and may be asked to accept them again by checking the corresponding boxes.

In any case, the fact of continuing to use the CancerConsult Platform after any modification of the GCUV implies the acceptance of the modifications of the GCUV.

Finally, CancerConsult reserves the right to temporarily or permanently suspend access to the CancerConsult Platform, without delay or compensation of any kind.

12. Termination of the CGUV

12.1. Termination at the initiative of CancerConsult

CancerConsult reserves the right, unilaterally and without prior notice, to terminate all or part of the User/Visitor's access to the CancerConsult Platform, its Services and Content, particularly in the event of abusive, unfair or fraudulent use of the Services and Contents of the CancerConsult Platform or in breach of the rights of CancerConsult and/or any obligation of the User/Visitor defined in the GCU or GTC or in the event of behavior that does not comply with the laws in force with regard to the Referring Expert such as, in particular, insulting, violent, racist, inciting racial hatred or violence or an attempt to make an unauthorized connection, by fraudulent use of the system or by usurpation of the authentication elements.

In the event of a definitive impediment in accordance with the article "Force Majeure" of the GCU, all access to the CancerConsult Platform will be terminated.

12.2. Termination at the initiative of the Patient User

At any time, the Patient User has the possibility to close his personal Account, to withdraw his consent, by sending a request to the following e-mail address: contact@cancerconsult.fr

The User Patient is informed that the closure of his personal Account will not result in the automatic deletion of personal data concerning him. These data will be kept under the conditions defined in the privacy policy available on this link.

At the end of this action, the Patient User will no longer be able to access the CancerConsult Platform, Services and Contents.

In the event that the Patient User's personal account remains inactive for 12 months (no connection to the personal account for 12 months), the Patient User will receive a notification from CancerConsult informing him/her of the upcoming closure of the account and the archiving of his/her data under the conditions defined in the privacy policy available at this link, unless otherwise specified by the User. 

12.3. Termination at the initiative of the Lead Expert

The Lead Expert assumes sole responsibility for the Patient Users with whom he/she is in contact and/or whom he/she is following in the context of the CancerConsult Platform, in the event of termination of his/her access to the CancerConsult Platform. An automatic notification will be sent to each Patient User concerned.

13. Transfer

CancerConsult may assign the TOU at any time to a subsidiary or successor in any transaction. 

The User/Visitor is not allowed to transfer the rights he/she has under the GTU to a third party, without the express and prior authorization of CancerConsult.

General conditions of sale of CancerConsult and the referent expert

COMMON PROVISIONS

1. Prior information of the User Patient

The purchase of a Service by the Patient User on the CancerConsult Platform is governed both by the CancerConsult Terms and Conditions for Services provided by CancerConsult and by the Terms and Conditions of the Referring Expert(s) involved in handling the Patient User's request for Services provided by the Referring Experts.

When placing an Order, the Patient User agrees to accept both the CancerConsult Terms and Conditions and the Referring Experts' Terms and Conditions.

2. Entry into force of the T&Cs

The applicable GTC are those in force on the CancerConsult Platform at the time of placing the Order. The Patient User is invited to print them out or keep them on a durable medium (e.g. the hard drive of a computer).

They come into effect at the time of placing the Order. 

The applicable GTC are those in force on the CancerConsult Platform at the time of placing the Order. The Patient User is invited to print them out or keep them on a durable medium (e.g. the hard drive of a computer). They come into effect at the time of placing the Order. The Patient User is asked to formally accept CancerConsult's T&Cs and those of each selected Referring Expert at the time of placing the Order. The Patient User acknowledges that the expression of his consent to the GTC is materialized by the activation of checkbox(es) associated with a proof agreement defined in the common provisions of these GCUV.

3. Proof of Order 

The online provision of the credit card number and the final validation of the Order shall constitute proof of the completeness of the said Order in accordance with Articles 1366 et seq. of the French Civil Code, and shall constitute payment of the sums incurred by the User-Patient in the context of his Order for the provision of CancerConsult Services and Referring Expert Services.

This validation is equivalent to signature and express acceptance of banking operations carried out on the CancerConsult Platform. However, in the event of fraudulent use of his/her bank card, the Patient User is invited, as soon as he/she notices this use, to contact the CancerConsult Patient Service at the following address: CancerConsult, 22 rue des Martyrs, 75009 Paris, by calling 09 72 32 70 22 from Monday to Friday from 9 am to 6 pm or by e-mail at the following address: contact@cancerconsult.fr.

The computerized registers, kept in CancerConsult's computer systems under reasonable security conditions, will be considered as proof of communications, Orders and payments between the Patient User, CancerConsult and the selected Referring Expert(s).

The filing of the purchase orders and invoices is carried out on a reliable and durable support so as to correspond to a faithful and durable copy in accordance with article 1379 of the Civil code.

4. Right of withdrawal

The user Patient is informed that he has no right of withdrawal in the context of the Services under Article L. 221-2 of the Consumer Code which excludes from the scope of the chapter "contracts concluded at a distance and off-premises":

"(2) Contracts for health care services provided by health care professionals to patients to assess, maintain, or restore their health, including the prescribing, dispensing, and providing of drugs and medical devices;"

General conditions of sale of services provided by CancerConsult

1. Object 

These Terms and Conditions detail the rights and obligations of CancerConsult and the Patient User in connection with the sale of Services provided by CancerConsult based on the Services selected by the Patient User as part of an Order : Link

2. Price 

Collection and billing for Services provided by CancerConsult is done by CancerConsult. The price of the Services provided by CancerConsult to Patient Users are indicated on the CancerConsult Platform after the patient has registered on the CancerConsult Platform and are accessible to Patient Users prior to the Order. 

The price of the Services provided by CancerConsult is subject to value added tax (VAT). The price of the Services provided by CancerConsult does not include the price, to be paid by the User-Patient, for the Services provided by the Expert Referrers (See below the Terms and Conditions of the Services provided by the Expert Referrers). The Patient User acknowledges and accepts that the entire cost of connecting to the Internet network is his exclusive responsibility. 

3. Terms of payment 

The payment of the Order is made by the Patient User by credit card (Carte Bleue, Visa, Mastercard, American Express) via a secure payment system. Payment methods are specified on the CancerConsult Platform and in particular on the Services payment page. The Patient User must proceed with the payment by following the instructions indicated on the payment terminal. The attention of the Patient User is drawn to the fact that the data relating to the bank cards are transmitted in an encrypted way to the bank in order to guarantee their confidentiality. Credit card data is kept until payment is complete. Any online payment within the CancerConsult Platform implies an immediate debit. Only the full payment allows the benefit of the Services selected by the User Patient. The Patient User is solely responsible for payment of the price, except for Patient Users who receive Services through a Funding Agency.

The Patient User is informed that he/she must be the holder of the bank card used for the payment of the Services or, failing that, be duly authorized to use it to pay for the Services. He/she guarantees CancerConsult that he/she meets all the conditions for access to the services and use of the CancerConsult Platform and that the bank account associated with the means of payment used to pay for the Services has sufficient funds to meet his/her payment obligation.

4. Billing 

The User Patient agrees to receive his invoice by dematerialized way. When the payment process is complete, the Patient User is directed to a page displaying the invoice for the Order. The Patient User can download and print this page. In addition, an e-mail confirming the Order with a link to the invoice mentioned is sent to the Patient User.

5. Ordering Process on the CancerConsult Platform

Access to the Services is achieved in several steps: 

  1. The Patient User goes to the CancerConsult Platform;
  2. The Patient User creates a personal Account;
  3. The Patient User acknowledges the information and consent notice and gives his consent for the collection and processing of his health data by CancerConsult ;
  4. The Patient User acknowledges the CGUV and expressly accepts them;
  5. Once connected to his personal Account, the Patient User selects the Service(s) he wishes to use;
  6. The Patient User completes his request to benefit from the selected Service(s).
  7. Once the request is completed, the Patient User is invited to check his Order; at any time and before payment, the Patient User can obtain a summary of the selected Services and modify his Order;
  8. The Patient User takes note of the CGUV and accepts them by checking the box "I have read and I accept the general conditions of use and sale of CancerConsult and the Referring Experts";
  9. The Patient User is invited to validate and pay his Order by clicking on "Pay";
  10. The Patient User is invited to choose a payment method;
  11. The Patient User receives, by e-mail, the confirmation of his Order.

The User may, at any time before payment, access the GTC and the GTC, check the personal data he has entered.

6. Reimbursement 

CancerConsult agrees to reimburse the Patient User for any amount due and collected, in the following cases:

  • The Service could not be delivered due to a technical problem exclusively caused by CancerConsult or by the Referring Expert;
  • The Service could not be delivered in full due to a technical problem related to the Patient User and the Referring Expert confirms the need for a refund.

7. Responsibility

CancerConsult is bound by an obligation of means in the context of the provision of the CancerConsult Platform and Services as far as it is concerned. 

The User acknowledges that CancerConsult is bound by an obligation of means in the context of the provision of the CancerConsult Platform and the Services as far as it is concerned. CancerConsult cannot be held responsible for any material or immaterial damage, direct or indirect, whatever the cause (including damage that may be caused by the possible spread of viruses, by computer fraud, due to the constraints and limits of the Internet network or the loss, deterioration or alteration of files) or the resulting consequences:

  • About his use of the CancerConsult Platform and Services;
  • The inability to access the CancerConsult Platform and the Services offered by the Referring Experts, with the exception of direct damage resulting from gross negligence or intentional misconduct.

The Patient User is responsible for the use of the CancerConsult Platform and the Service(s) he/she chooses and in particular for the information he/she receives in this context. The User-Patient remains fully and personally responsible for the use of the CancerConsult Platform and the Services under the conditions of common law. The User agrees to validate the suitability of the CancerConsult Platform and Services for his/her needs. He acknowledges that he alone makes any decision based on the Services, if any.

In general, Patient Users agree to use the CancerConsult Platform and Services:

  • In compliance with the laws, regulations and rights of third parties, particularly intellectual and industrial property rights;
  • De manière loyale et conformément à sa destination. 

In particular, it is their responsibility to:

  • To meet their security obligations in accordance with the "Security" section of the TOS;
  • To use the CancerConsult Platform and the Services in compliance with the Terms and Conditions of Use and the legal and regulatory provisions in force;
  • Not to market all or part of the Services accessible from the CancerConsult Platform.

General conditions of sale of services provided by the referent experts

1. Object 

These GTCs detail the rights and obligations of each Referring Expert and the Patient User in connection with the sale of Services provided by CancerConsult based on the Services selected by the Patient User as part of an Order : Link.

2. Price 

The operations of Ordering, collecting and invoicing of the Services provided by the Referring Experts are carried out within the framework of the CancerConsult Platform in the name and for the account of the Referring Expert. The price of the Services provided by the Referring Experts to the Patient Users are indicated on the CancerConsult Platform once the user has registered to the CancerConsult Platform and are accessible to the Patient Users before the Order. The price of the Services provided by CancerConsult is subject to value added tax (VAT). The price of the Services provided by the Referring Experts does not include the price, to be paid by the Patient User, for the Services provided by CancerConsult. The Patient User acknowledges and accepts that the entire cost of connecting to the Internet network is his exclusive responsibility. Under no circumstances are the Services provided by the Referring Experts within the framework of the CancerConsult Platform subject to reimbursement by compulsory health insurance organizations.

3. Terms of payment 

CancerConsult is responsible for billing and collection on behalf of the Referring Expert who has entered into general terms of service with CancerConsult. The payment of the Order is made by the Patient User by credit card (Carte Bleue, Visa, Mastercard, American Express) via a secure payment system. The payment methods are specified on the payment page of the Services. The Patient User must proceed with the payment by following the instructions indicated on the payment terminal. The attention of the Patient User is drawn to the fact that the data relating to the bank cards are transmitted in an encrypted way to the bank in order to guarantee their confidentiality. The data relating to the bank cards are preserved until the complete payment Any online payment within the CancerConsult Platform implies an immediate debit. Only the full payment allows the benefit of the Services selected by the User Patient. The Patient User is solely responsible for payment of the price, except for Patient Users who receive Services through a Funding Agency.

The Patient User is informed that he/she must be the holder of the bank card used for the payment of the Services or, failing that, be duly authorized to use it to pay for the Services. He/she guarantees CancerConsult that he/she meets all the conditions for accessing the Services and using the CancerConsult Platform and that the bank account associated with the payment method used to pay for the Services has sufficient funds to meet his/her payment obligation.

4. Billing 

The User Patient agrees to receive his invoice by dematerialized way. When the payment process is complete, the Patient User is directed to a page displaying the invoice for the Order. The Patient User can download and print this page. In addition, an e-mail confirming the Order with a link to the invoice mentioned is sent to the Patient User.

5. Ordering Process on the CancerConsult Platform

Access to the Services is achieved in several steps: 

  1. The Patient User goes to the CancerConsult Platform;
  2. The Patient User creates a personal Account;
  3. The Patient User acknowledges the information and consent notice and gives his consent for the collection and processing of his health data by CancerConsult ;
  4. The Patient User acknowledges the CGUV and expressly accepts them;
  5. Once connected to his personal Account, the Patient User selects the Service(s) he wishes to use;
  6. The Patient User completes his request to benefit from the selected Service(s).
  7. Once the request is completed, the Patient User is invited to check his Order; at any time and before payment, the Patient User can obtain a summary of the selected Services and modify his Order;
  8. The Patient User takes note of the CGUV and accepts them by checking the box "I have read and I accept the general conditions of use and sale of CancerConsult and the Referring Experts";
  9. The Patient User is invited to validate and pay his Order by clicking on "Pay";
  10. The Patient User is invited to choose a payment method;
  11. The Patient User receives, by e-mail, the confirmation of his Order.

The User may, at any time before payment, access the GTC and the GTC, check the personal data he has entered.

6. Reimbursement 

The Referring Experts undertake to reimburse the User Patient for any amount due and collected, in the following cases:

  • The Service could not be delivered due to a technical problem exclusively caused by CancerConsult or by the Referring Expert;
  • The Service could not be delivered in full due to a technical problem related to the Patient User and the Referring Expert confirms the need for a refund.

7. Responsibility

The Referring Experts are exclusively responsible for the Services they provide to Patient Users under the conditions defined by the regulations applicable to their profession and in particular under the conditions defined in Article L. 1142-1 of the Public Health Code. 

The User acknowledges that CancerConsult is bound by an obligation of means in the context of the provision of the CancerConsult Platform and the Services as far as it is concerned. CancerConsult cannot be held responsible for any material or immaterial damage, direct or indirect, whatever the cause (including damage that may be caused by the possible spread of viruses, by computer fraud, due to the constraints and limits of the Internet network or the loss, deterioration or alteration of files) or the resulting consequences:

  • of its use of the CancerConsult Platform and Services;
  • the impossibility of accessing the CancerConsult Platform and the Services offered by the Referring Experts, with the exception of direct damage resulting from gross negligence or intent.

The Patient User is responsible for the use of the CancerConsult Platform and the Service(s) he/she chooses and in particular for the information he/she receives in this context. The User-Patient remains fully and personally responsible for the use of the CancerConsult Platform and the Services under the conditions of common law. The User agrees to validate the suitability of the CancerConsult Platform and Services for his/her needs. He acknowledges that he alone makes any decision based on the Services, if any.

In general, Patient Users agree to use the CancerConsult Platform and Services:

  • in compliance with the laws, regulations and rights of third parties, in particular intellectual and industrial property rights;
  • in a fair manner and in accordance with its purpose. 

In particular, it is their responsibility to:

  • to meet their security obligations, in accordance with the "Security" section of the TOS;
  • to use the CancerConsult Platform and the Services in accordance with the GTC, the GTC and the legal and regulatory provisions in force;
  • not to market all or part of the Services accessible from the CancerConsult Platform.