General terms and conditions of sale
- Chapter I Purpose
- Chapter II Definitions
- Chapter III Terms and Conditions of Use of the platform
- Chapter IV Subscription-Biling-Payment
- Chapitre V Liability
- Chapitre VI Service availibility
- Chapitre VII Maintenance
- Chapitre VIII Account deletion due to inactivity
- Chapitre IX Ownership
- Chapitre X Personal Data Processing
- Chapitre XI Consummer Mediation
- Chapitre XII Amedments
Purpose
The purpose of these general terms and conditions of sale (hereinafter "GTC") is to
define the terms and conditions under which AXOMOVE provides a consumer
customer (hereinafter the "Customer") with access to its Platform for the prevention
and rehabilitation of physical injuries.
Scope of application of the GTC
The GTC (The General Terms and Conditions of Sale) constitute the only contractual documents binding on the parties, to the
exclusion of all other terms and conditions, documents, prospectuses and
commercial proposals, which are for information purposes only.
The GTC, together with all contractual information mentioned on the Website, are
written in French in their original version, which is the only version that is binding and prevails over any other version.
Availability and enforceability of the GTC
The GTC are made available to Customers on the AXOMOVE website and platform,
where they can be consulted directly, and may also be provided to them on request
by telephone, email or post.
They are systematically submitted to the Customer prior to any order and must be
expressly accepted by the Customer at the time of payment for the order.
By clicking on "I accept the terms and conditions of sale", the Customer
acknowledges that they have read the GTC and accept them without reservation.
Modification of the GTC
AXOMOVE reserves the right to adapt or modify its GTC at any time.
Consequently, AXOMOVE invites the Customer to consult the GTC before placing
any new order.
The applicable T&Cs are those available online and in force on the date of the Order.
Definitions
"AXOMOVE" means AXOMOVE, a simplified joint-stock company with share capital
of €63,214, registered in the Lille Métropole Trade and Companies Register under
number 829 306 125, with its registered office at 77 allée Clémentine Deman, 59000
Lille;
"Customer" means any natural person of legal age, acting for purposes that do not
fall within the scope of their commercial, industrial, craft, liberal or agricultural activity, regardless of their nationality or place of residence.
"Order" means the booking of an appointment with an AXOMOVE practitioner on the Platform and access to the Services.
"Content" refers to all elements in any form whatsoever available on the Site,
including the series of rehabilitation exercises performed by the Customer from the library of videos offered by AXOMOVE on the Platform.
"Contract" refers to all the provisions set out in these General Terms and Conditions
of Sale (or "GTC"), it being specified that the preamble and appendices form an integral part thereof. The Parties agree that the Contract is synallagmatic, for
consideration, and to be performed in successive stages;
"Data" refers to (i) the personal information of Customers that allows them to be identified, as well as (ii) information relating to browsing on the Website and the Axomove® mobile application that may be stored in files known as "cookies" or similar tools, in particular when subscribing, browsing or creating an
account;
"Identifiers" means both the Customer's own identifier ("login") and the login password ("password") assigned at the time of registration on the Platform;
"Software" refers to any software provided by AXOMOVE to the Customer and in
particular the associated Solutions;
"Platform" refers to the service offered by AXOMOVE, enabling the Customer to use
the Solutions;
"Service(s)" refers to the services offered by AXOMOVE, accessible to the Customer
in accordance with their insurance or mutual insurance contract, including:
- Teleconsultation with an AXOMOVE practitioner as part of a treatment
programme (rehabilitation) or prevention programme (particularly for musculoskeletal disorders); - Access to the Platform for managing and tracking appointments (making
appointments, assessments, provision of a messaging service with practitioners, appointment reminders, etc.), access to the Content.
"Site": refers to the website www.AXOMOVE.com and the web application available at https://app.AXOMOVE.com/
"Solutions": refers to the operational functions of the services offered in "hosted" mode and adapted to this mode of operation.
Terms and Conditions of Use of the Platform
a. Preliminary information
- AXOMOVE has implemented measures to secure access to the Platform, in
accordance with its obligation of means. However, AXOMOVE reminds the Customer
that: The use of the Internet may be subject to fraudulent, malicious or unauthorised intrusion into the Customer's information system, hacking, unauthorised alteration or
extraction of data, modifications, infected alterations of programmes or files, or contamination by computer viruses.
The communication of passwords, confidential codes and, more generally, any sensitive information is carried out by the Customer at its own risk.
Consequently, it is the Customer's responsibility to take all appropriate measures to protect its own data and/or software stored on its servers from contamination by viruses and from attempts by third parties to intrude into its computer system. - AXOMOVE cannot be held liable for any damage resulting from the events mentioned in Article 3.1 that are attributable to negligence or fault on the part of the Customer.
- Access to the Solutions can only be gained via the Internet and a web browser: Google Chrome on a PC or Android device and Safari on a MAC or iOS device are recommended by AXOMOVE for an optimal experience of the Platform.
- It is the Customer's responsibility to comply with the General Terms and
Conditions of Use of the service, which they have read and accepted prior to using the Service.
b. Restrictions on Platform use
-
AXOMOVE grants the Client a personal, non-transferable right to use the Platform worldwide for the duration of the Contract, on a non-exclusive basis. This right of use cannot be sublicensed, assigned, transferred, or made available to a third party.
- The Platform may be used remotely via the Internet, in compliance with the Client's identification and assignment rules.
-
The Platform is the property of AXOMOVE, the Client is prohibited from:
- Copying, reproducing, representing, modifying, transmitting, publishing or
adapting all or part of the Platform by any means and in any form; - Using the Platform in a manner that does not comply with the rules of use of the Platform;
- Translate or transcribe it into any other language, or adapt it or add anything to it that does not comply with its specifications.
- Copying, reproducing, representing, modifying, transmitting, publishing or
- Any breach of the provisions of this article and the general terms and conditions of use shall entitle AXOMOVE to temporarily or permanently suspend access to the Platform under the conditions set out in the article "Suspension of the account for non-compliance with the terms and conditions of use of the Platform".
c. Conditions of access to the Platform by the Customer
- The Customer's mutual insurance company or insurer will send the Customer a link
to the AXOMOVE Platform, allowing them to register on the Platform. The Customer
must then create an account. They will receive a confirmation email informing them
that their account has been created and that they now have access to the Platform
and the Services. - The Customer's Login Details are personal and confidential. They can only bechanged at the Customer's request. The Customer undertakes to take all necessary measures to keep their Login Details secret and not to disclose them in any form whatsoever. The Customer shall ensure that no third party has access to the Platform. In the event that the Customer becomes aware of unauthorised access to the Platform by a third party, the Customer undertakes to inform AXOMOVE without delay. In the event of loss or theft of any of the Login Details, AXOMOVE will send a new password to the User
Subscription-Biling-Payment
a. Description of Services
AXOMOVE offers the following Services:
The Client has access to teleconsultations with an AXOMOVE practitioner for
rehabilitation. As part of this treatment programme, the practitioner prescribes
exercises to the Customer and provides them with Content enabling them to perform these exercises remotely. They also have access to the Platform, which allows them to make appointments, use a messaging service to communicate with practitioners, and keep track of their appointments (appointment reminders, etc.).
The prevention programme:
The Client benefits from teleconsultations with an AXOMOVE practitioner specialising
in prevention, particularly musculoskeletal disorders. This programme also gives them access to the Platform, where they can make appointments, use a messaging service to communicate with their practitioner, keep track of their appointments (appointment reminders, etc.) and access the Content.
Access to either programme is granted by the Customer's mutual insurance company
or insurer, and AXOMOVE cannot be held liable if the Customer is not eligible for one
of the offers available.
b. Orders
The treatment programme
To place an Order for a treatment programme, the Customer must have a medical prescription.
The Customer makes an appointment by choosing a practitioner from those offered
on the Platform. They then select the time slot that suits them from those available.
The Customer uploads their prescription to the Platform and confirms their Order.
Once the appointment slot has been selected and confirmed, the Customer is invited to check the information relating to their Order. If they confirm this information and wish to proceed with the Order, they are redirected to a payment page to pay for the Order. Once payment has been confirmed, the appointment is confirmed and the Customer has access to the Services. The Customer receives an appointment confirmation email from AXOMOVE, accompanied by the corresponding invoice.
The Customer may also make an appointment with the practitioner at the end of each teleconsultation. In this case, the practitioner and the Customer agree on a time slot for the next appointment. The Client will then receive an email inviting them to proceed with payment of the Order to confirm it. The email contains a link redirecting the Client to the payment page. The Client has 48 hours to make the payment. Once the payment has been validated, the appointment is confirmed.
The Customer will then receive an appointment confirmation email from
AXOMOVE. If payment is not received within 24 hours, the Customer will receive a
reminder. After 48 hours, the appointment will be automatically cancelled.
The Customer may then place a new Order at a later date via the Platform.
Prevention programme
For the prevention programme, appointments are made in the same way as for the treatment programme. However, no prescription is required to benefit from this Service.
Cancellation of the Order
The Customer may cancel the Order up to 3 hours before the scheduled
teleconsultation appointment.
If the cancellation is made less than 3 hours before the appointment, AXOMOVE will refund 50% of the amount paid and retain the balance as compensation.
If the Customer does not cancel the appointment and does not show up, AXOMOVE will retain the entire amount paid by the Customer as compensation.
AXOMOVE may cancel the Order at any time for legitimate reasons, in particular in
the event of the unavailability of the practitioner or the Platform. It shall inform the Customer of the cancellation of the appointment and refund the Customer in full.
Any refund will be made without delay and by the same means of payment used
when placing the Order.
The prices of the Services are indicated on the Website at the time of the Order, in
Pounds Sterling, excluding taxes, with the method of calculation of the price including
VAT provided in accordance with local regulations.
The price in force is that on the day of the Order. These prices are subject to change
at any time by AXOMOVE. These changes will only apply to orders placed after the
date of entry into force of the new prices.
The price of each Order includes:
- Teleconsultation with an AXOMOVE practitioner;
- Access to the Platform, in particular the messaging service and its Content made available;
- Appointment tracking (appointment management, reports, chat with the practitioner, reminders, etc.).
Payment is made online at the time of placing the Order by credit card (Carte Bleue,
Visa, MasterCard, American Express, Eurocard and Visa international cards) via our secure payment provider (STRIPE).
The invoice is issued and sent to the Customer by email once payment has been
validated.
The Services offered by AXOMOVE may be partially or fully covered by the Customer's insurer or mutual insurance company, depending on the terms and conditions of their insurance policy. It is the Customer's responsibility to take the necessary steps to obtain reimbursement from their insurer or mutual insurance company.
AXOMOVE cannot under any circumstances guarantee or commit to the coverage of these Services by the Customer's insurance company or mutual insurance company, whether in terms of coverage, the amount reimbursed, or the reimbursement period for the Services by the insurer or mutual insurance company.
Liability
Each Party shall be liable for the consequences of its faults, errors or omissions causing direct damage to the other Party, in particular in the event of a breach of these provisions.
The Services offered are provided by qualified practitioners selected by AXOMOVE.
AXOMOVE is only liable for the performance of the Services to the best of its ability.
Consequently, AXOMOVE cannot guarantee any results in connection with the Services, as these results depend on many external factors beyond its control, such as, but not limited to, the personal involvement of the Customer, compliance with recommendations, monitoring of exercises, etc.
Furthermore, AXOMOVE cannot be held liable in the event of non-performance or
poor performance of the contract resulting from:
- Either due to a circumstance attributable to the Customer, in particular
improper use of the Services or the Platform; - Either due to an insurmountable, unforeseeable and external event, including
the actions of a third party to the contract; - Or due to a case of force majeure within the meaning of case law.
Legal guarantee of conformity
The Customer benefits from the legal guarantee of conformity, which applies in the event of non-conformity of the Platform, under the legal conditions in force.
In the event of proven non-compliance, the Customer may request that AXOMOVE
bring the Platform into compliance or, failing that, a refund or price reduction in
accordance with the regulations.
This guarantee does not cover defects resulting from misuse of the Services by the Customer, nor results dependent on external factors beyond AXOMOVE's control.
Service availability
AXOMOVE shall use all reasonable means to ensure continuous access to the Platform. However, access may be temporarily interrupted due to maintenance operations beyond its control. AXOMOVE undertakes, as far as possible, to inform the Customer by email at least twenty-four (24) hours before the interruption occurs.
AXOMOVE cannot be held liable for scheduled interruptions or malfunctions of the Internet, unless they are directly attributable to it.
Maintenance
All interventions are carried out remotely, without on-site intervention, on the following days and times: Monday to Friday from 8 a.m. to 12 p.m. and from 2 p.m. to 5 p.m. (GMT+1), except on public holidays.
Account deletion due to inactivity
In the event of no Orders for a period exceeding three (3) months from the last
appointment made or the last exchange with the practitioner via the messaging
service, AXOMOVE will send the Customer an email informing them of the upcoming
deletion of their account.
If the Customer does not respond or object within thirty (30) days of the date of notification, the account will be automatically deleted.
Suspension of the account for non-compliance with the Platform's terms of use
AXOMOVE reserves the right to temporarily or permanently suspend access to the
Platform to any Customer who contravenes the general terms and conditions of use
of the Platform and the terms and conditions set out in Article III.b).
The Customer will be informed of this suspension by email, specifying the reasons for the measure. Where possible, AXOMOVE will also indicate the steps to be taken to lift the suspension.
The suspension shall take effect upon notification to the Customer and may be lifted after the situation has been rectified or may be permanent in the event of persistent or serious breach.
Deletion of the account at the Customer's request
The Customer may, at any time, request the deletion of their personal account on the Platform.
This request must be made in writing either by email to AXOMOVE's customer
service department.
The deletion of the account will result in the permanent deletion of access to the Platform and all associated data, within the limits provided for by the applicable
regulations on the protection of personal data.
Right of withdrawal
If the Customer wishes the Services to commence before the end of the withdrawal period (e.g. access to the messaging service, the Content), the Customer expressly acknowledges:
(i) that they have been informed that they will no longer be able to exercise their right of withdrawal once the service has been performed;
(ii) and agrees to lose this right in the event of full performance of the Service before the end of the withdrawal period.
From the moment the appointment is made, the Service is fully performed since the Customer benefits from the Service (access to the Content, appointment booking,
etc.).
Ownership
- AXOMOVE is and remains the owner of the property rights relating to all elements of the Platform and the Content made available to the Customer, as well as, more
generally, the IT infrastructure (software and hardware) implemented or developed
within the framework of the Contract. - The Contract does not confer any ownership rights over the Platform on the Customer. The temporary provision of the Platform under the conditions set out in the
Contract cannot be interpreted as the transfer of any intellectual property rights to the Customer within the meaning of the French Intellectual Property Code. - The Customer shall refrain from reproducing any element of the Platform, or any documentation relating thereto, by any means whatsoever, in any form whatsoever and on any medium whatsoever.
- The Customer may not assign all or part of the rights and obligations arising from
the Contract, whether in the context of a temporary assignment, a sub-licence or any other contract providing for the transfer of such rights and obligations. - AXOMOVE declares and guarantees that it is the owner of all intellectual property rights that enable it to enter into the Contract. AXOMOVE declares and guarantees that the Solutions are not likely to infringe the rights of third parties.
Personal Data Processing
Within the framework of the service offered by AXOMOVE, as described in these General Terms and Conditions of Sale, AXOMOVE processes the Customer's data, in its capacity as Data Controller, in accordance with the applicable regulations, in particular the European Data Protection Regulation, known as the "GDPR (No. 2016-679 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data) and the French Data Protection Act (Law No. 78-17 of 6 January 1978 on information technology, files and civil liberties, as amended). The Customer may consult the Privacy Policy available on the website at any time to learn more and also to exercise their rights.
Consumer Mediation
In accordance with Articles L.612-1 et seq. of the French Consumer Code, the Client has the right to seek free recourse to a consumer mediator for the amicable resolution of any dispute with AXOMOVE.
Before contacting the mediator, the Client must first submit a written complaint to AXOMOVE by email at: infos@axomove.com, via the following contact form https://www.axomove.com/fr/aide/reclamation-qualite-materiovigilance or by post to:
177 allée Clémentine Deman
Coworking Hiptown
59000 LILLE
If no solution is found within 60 days of submitting the complaint, the Client may then contact AXOMOVE’s designated mediator:
Mediator name: CM2C
Postal address: 49 rue de Ponthieu 75 008 PARIS Tel : 01 89 47 00 14
Website: https://www.cm2c.net
Contact Information
The Client may submit questions and requests for assistance by telephone at 03 28 55 50 52, by email to infos@axomove.com or by chatbot directly from the Platform.
Applicable Law – Jurisdiction
The Contract is governed by french law. Any dispute arising in connection with the present Contract shall fall within the jurisdiction of the French courts. The Parties undertake to attempt conciliation before any recourse to the courts.
Amendments
AXOMOVE may amend these Terms at any time. The Client will be informed of any such changes upon their first login following the update.
