Terms and conditions of use

Article 1. Prerequisites

9380-4581 Québec inc. is a joint stock company, registered with the N.E.Q. under number 1173764326, domiciled at 135, Main Street, North Hatley, J0B2C0, QuébeThe Company’s address is 135 Main Street, North Hatley, J0B2C0, Quebec (Canada).c (Canada), represented by Mr. Philippe Marchesseault, 8199935712, its President.

9380-4581 Québec inc. is the owner and publisher of an Internet platform called “Fresk”, through which patients can contact dentists to book appointments online.

This platform can be accessed at: https://fresk.app/

Article 2. Definitions

In these terms and conditions of use, words or expressions beginning with a capital letter shall have the following meaning:

CGU : means this document and any appendices.

Dentists : refers to the dentists listed on the Platform, with whom Patients can book appointments via the Platform.

Personal Data : means any information that may allow a natural or legal person to be identified directly or indirectly (surname; first name; email address; IP address; browsing data; etc.), in accordance with the definition given by Article 4 of the European Union’s General Data Protection Regulation (RGPD 2016/679).

Platform : refers to the “Fresk” internet platform owned and published by the Company, accessible via the address: https://fresk.app/.

Part(s) : means individually the Company or a User and collectively the Company and a User.

Patients : refers to natural persons with a personal account on the Platform who wish to make an online appointment with Dentists listed on the Platform.

Privacy Policy : means Article 18 hereof.

Service : refers to the service that connects Dentists and Patients, for the purpose of booking appointments, via the Platform.

Company : refers to 9380-4581 Québec inc.

Users : refers to Dentists and/or Patients.

Article 3. Legal information

The Platform is published by the Company; which is a Société par actions or company, registered with the N.E.Q. under the number 1173764326, domiciled at 135, Main Street, North Hatley, J0B2C0, Quebec (Canada),

Email : service@fresk.app.

The publication director is Philippe Marchesseault.

The Platform is hosted by Google Cloud Plateform, a company incorporated in Ireland under Irish law, registration number 368047, domiciled at Gordon House, Barrow Street Dublin 4, Ireland.

Article 4. Subject

The purpose of these GCU is to detail their scope of application, as well as the conditions of their acceptance.

They also describe: (i) in a non-exhaustive manner, the Service offered by the Platform; (ii) the conditions of access to the Platform; (iii) the conditions of account opening by Users; (iv) the conditions of their connection to said Platform; (iv) as well as their commitments.

These GCU also specify the conditions under which Patients make appointments with Dentists via the Platform.

They also deal with the Company’s limitation of liability.

The GCU also include a clause concerning the confidentiality of Users’ Personal Data.

Article 5. Service

The Company offers, through its Platform, a Service that connects Dentists with Patients, for online appointments.

The Service is described in greater detail on the Platform, which can be accessed at https://fresk.app/.

In addition to this Service, the Platform offers complementary functionalities to Dentists and Patients.

Dentists have access to a dashboard (appointments booked via the Platform during the month / number of Patients) and pages for tracking all their consultations.

Article 6. Access to the Platform and the Service

Access to the Platform is free of charge.

Access to the Service is reserved for Users with a personal account on the Platform (the conditions for opening an account are defined in Article 7 hereof).

Any costs arising from access to and use of the Platform and the Service are the sole responsibility of the User.

The Platform is accessible 24 hours a day, 7 days a week.

The Company is entitled to modify, without compensation or prior notice, the servers or the hours of accessibility of the Platform, as well as to terminate access to the Platform, in order to carry out updates, modifications or improvements.

Article 7. Dentist registration on the Platform Plateforme

Only Dentists with a personal account on the Platform can offer online appointments to Patients who themselves have a personal account on the Platform.

Registration on the Platform is carried out by creating a personal account, following the instructions provided for this purpose on the https://my.fresk.app Platform.

In particular, the Dentist must provide the following information to the Company: name of his or her practice; telephone number; email address; website address; postal address; practice opening hours; gender; first and last names; email address (the same as that of his or her practice).

He/she must also accept the present terms and conditions, by ticking the appropriate box at the end of the aforementioned form.
The information entered is transmitted to the Company for validation of the creation of the Dentist’s personal account.
This validation takes place within 24 hours.

The Company reserves the right not to validate the opening of an account, without having to justify itself.

Once the information has been validated, the Company unblocks the Dentist’s personal account on the Platform and sends him/her a validation email, in order to send him/her his/her login details (username and password – which he/she can modify later).

Article 8. User commitments

When creating an account on the Platform, Dentists and Patients warrant that they are of legal age and have full legal capacity to enter into a contract.

When using the Platform, Users undertake :

  • not to use an identifier that would infringe the rights of third parties, public order or morality, and to provide accurate and up-to-date information;
  • not to divulge their identifiers by any means whatsoever. They are solely responsible for the confidentiality and use of their login details;
  • not to use all or part of their elements, outside of the present or in a way that would violate the regulations;
  • not to use all or part of their elements for any purpose other than normal use, it being specified that any use or activity deemed disproportionate will be considered as not falling within normal use;
  • not to publish, transmit, disseminate, edit or make accessible via the Platform any content that may constitute, without this list being limitative, defamation, insults, disparagement, threats, blackmail, harassment or incitement to violence, to racial hatred and more generally to the commission of crimes and misdemeanors, propagation of false news or financial information covered by secrecy, as well as any content intended to represent or offer for sale objects and/or works, software, content prohibited by law or infringing the rights of third parties, infringement of the authority of justice, invasion of privacy, protection of personal data or secrecy of correspondence, apology for crimes against humanity or denial of genocide, disclosure of information covered by secrecy or by the right to privacy, or acts endangering minors, in particular by the production, transmission, distribution or accessibility of messages of a violent, pornographic or paedophilic nature, or of a nature offensive to human dignity or likely to enable the manufacture of explosives;
  • not to falsify data, messages or documents, message headers or identification or connection data or otherwise manipulate an identifier or information in such a way as to conceal the origin of the transmission of content via the Platform;
  • not to knowingly upload, post, broadcast, transmit or otherwise make available any content that contains or consists of computer viruses or any other computer code or programs designed to interrupt, destroy, hijack or limit the functionality or performance of the Platform.

In the event of non-compliance with any of the User’s commitments, the Company reserves the right to suspend the User’s account ipso jure, without indemnity or prior formality, and to cancel any reservation that has not yet been executed.

Users must immediately report any suspected or unauthorized use of their accounts or fraudulent access to their passwords.

Article 9. Connection

In order to connect to his account on the Platform, the User indicates, by means of the form dedicated to this purpose, his identifier, as well as his password.

Article 10. Online appointment request

Patients can request appointments online from Dentists listed on the Platform.

When a Dentist receives a Patient’s request for an appointment, he or she contacts the Patient directly to schedule the appointment.

The appointment is then confirmed, if necessary, by SMS.

Article 11. Appointment cancellation

It is possible to cancel an appointment, subject to the conditions laid down directly by the dentist concerned.

Cancellation is then confirmed, if necessary, by SMS.

Article 12. Modification of the GTCU

The applicable GCU are those in force on the date the User opens an account on the Platform and expressly accepts them, under the conditions defined in Articles 7 and 8 herein.

However, the Company may modify these Terms and Conditions at any time, without prior notice, subject to informing its Users as soon as such modifications come into force by e-mail and/or by publishing said modifications on the Platform, in particular to comply with any legal, case law, editorial and/or technical developments.

The modified GCU will then become applicable to relations between the Parties, and in particular to bookings made via the Platform.

The Company will update the GCU by indicating the date of the last update in the top right-hand corner of this document.

Article 13. Limitation of liability

Appointments are proposed by dentists via the Platform, which is owned and published by the Company, the latter acting only as an intermediary.

In other words, the Company does not make the appointments itself; they are proposed by the Dentists, under their sole responsibility.

The Dentists are solely responsible for handling any claims relating to bookings made by Patients.

In any event, the Company shall only be liable for direct damage caused by its fault, the proof of which must be provided by the User.
It is hereby indicated that the Company does not hold a del credere on the relationships created within the framework of the Platform.

The Company shall not be held liable for any indirect damage suffered by Dentists. In particular, indirect damage includes any financial or commercial loss, or any loss of sales, profits, data, orders or clientele.

Finally, the Company and/or the Dentist may not be held liable in the event of non-performance of their obligations due to: misuse of the Platform by the Patient or the latter’s fault; an unforeseeable and insurmountable act by a third party; or a case of force majeure as defined by French case law.

Similarly, the Company may not be held liable for any inconvenience or damage resulting from the use of the Platform.

Article 14. Force majeure

In the event of a force majeure event within the meaning of article 1218 of the French Civil Code, including, but not limited to, unforeseeable events such as strikes, work stoppages, labor unrest, factory closures, floods, fires, production or transport failures not caused by its own actions, supply shortages, wars, riots, insurrections, and more generally any circumstance or event preventing the Company from properly carrying out its obligations, shall not be liable, provided that the User is immediately informed and has taken all necessary measures to limit the effects thereof.

Article 15. Intellectual property

All elements contained on the Platform owned and published by the Company are protected by intellectual property laws.

Thus, the Company alone holds all rights, titles and interests, including all intellectual property rights relating to the said Platform, as well as any ideas, suggestions, requests for improvement, comments, recommendations and other information that Users and third parties may communicate concerning the Platform.

In addition, the Company holds the usage rights to all the elements accessible on its Platform, notably texts, images, graphics, logos, icons, sounds, software, etc. Consequently, any reproduction, representation, modification, publication, total or partial adaptation of the elements of the Platform, by any means or process whatsoever, is prohibited, except with the express prior consent of the Company.

Article 16. Miscellaneous

16.1. Complete

The Parties acknowledge that the present document constitutes the entire agreement between them relating to its subject matter and supersedes all prior oral and/or written undertakings between the Parties relating to the said subject matter. Unless expressly stipulated to the contrary, the terms, conditions and obligations herein shall prevail over all others.

16.2. Nullity

The nullity, unenforceability or, more generally, the lack of effect of any one of the stipulations herein shall not affect the other stipulations, which shall remain perfectly valid and binding.

16.3. No waiver

The fact that one of the Parties does not avail itself of a breach by the other Party of any of its obligations hereunder shall not be construed as a waiver of such obligation for the future.

Article 17. Customer service

The Company’s customer service department can be contacted :

  • by email to service@fresk.app
  • by regular mail at the following address: 135, Rue Main, North Hatley, J0B2C0, Québec (Canada).

Article 18. Amicable settlement of disputes

Patients’ requests for complaints must be made to the Company’s customer service department (contact details given in Article 19 hereof).

After having submitted a claim to the Company, and in the event of failure to reach an amicable agreement, the Patient consumer is duly informed that he/she is entitled to have recourse to mediation in accordance with the provisions of article L. 612-1 of the French Consumer Code.

Whichever Party wishes to have recourse to mediation, it must first inform the other Party by registered letter with acknowledgement of receipt, specifying the grounds for the dispute.

The Company’s mediator is Devigny Médiation (11, rue de l’étang – 49220 Thorigne d’Anjou). You can contact him directly by following the link below: www.devignymediation.fr.

In addition, in accordance with Article 14.1 of Regulation (EU) No. 524/2013 of the European Parliament and of the Council of May 21, 2013, the Consumer Customer may also use the online dispute resolution platform accessible by following the link below https://webgate.ec.europa.eu/odr/main/index.cfm?event= main.home.show&Ing=FR).

Article 19. Applicable law and jurisdiction

The GCU are governed by French law.

Any dispute arising hereunder shall be brought before one of the courts having territorial jurisdiction in accordance with the French Code of Civil Procedure.

The consumer User has the option of submitting any dispute relating to the present terms and conditions either to the jurisdiction of the place where the consumer resided at the time of the reservation concerned, or to that of the place where the harmful event occurred.

In any event, the Consumer User is duly informed that he/she is entitled to have recourse to mediation in accordance with the provisions of article L. 612-1 of the French Consumer Code.

Article 20. French and foreign versions

These GCU are written in French. In the event of contradiction or misinterpretation, they shall prevail over any other version drawn up in another language at the request of a User.

Article 21. Election of domicile

The Company’s address is 135 Main Street, North Hatley, J0B2C0, Quebec (Canada).