The GTC These general terms and conditions, if applicable in their version as modified by The Helpnet.
The Client or the Patient Any User looking for a Service Provider Service.
The Contract or Contractual Documentation The contract of use which is concluded between us and you at the time of your acceptance of the GTC.
The Helpnet or us JBN Sàrl (CHE-283.032.872), Impasse Palace Bellevue 5, 3963 Montana
The Provider Any User offering Service(s) from the Service Provider.
The Platform or the Site The website, including its telecommunication tool, which can be found at www.the-helpnet.ch and any other domains pointing to the said address.
The Request for Service The action by which a User initiates a Service Provider Service search on the Platform in order to be put in contact with a Service Provider.
The Services The services offered by The Helpnet as described in art. 2.1 and 2.2.
Provider Services Any independent activity consisting in principle of tele-consultations through the Platform (such as services of doctors, therapists, coaches and other professionals who offer tele-consultation through the Platform, in the fields of therapy, alternative medicine and life coaching, to Clients or Patients) offered by a Provider.
The User or you Anyone using the Platform, or any other medium powered by The Helpnet.
2. The Services
2.1. The Helpnet is an online communication platform that enables Providers (doctors, therapists, coaches and other professionals) to provide Provider Services (teleconsultations) to their Clients or Patients. The Platform is mainly dedicated to psychological services, alternative medicine and life coaching and Mental support. In addition, the Platform offers the possibility for Customers and Patients to be automatically put in contact with Service Providers. It is specified that The Helpnet uses the technological tools of partners to enable telecommunications.
2.2. The Helpnet offers Providers the possibility to indicate on the Platform the Provider Services they offer in order to be automatically put in contact with Customers or Patients and to be able to carry out teleconsultations.
2.3. Only registered Users may offer Provider Services and/or make Service Requests.
2.4. The Platform is not dedicated to physical or life-threatening medical emergencies and is not a substitute for a physical meeting with doctors, personalized medical advice and treatment. The Platform is solely dedicated to the provision of support services and mental support.
2.5. The GTC apply to all Services offered by The Helpnet. Special provisions may apply to certain services offered by The Helpnet and are subject to separate agreements.
3. The Contract
3.1. By using the Platform and the Services offered by The Helpnet, in particular when making a Service Request or when offering a Service Provider Service, you agree to be bound by the following Contractual Documentation:
3.3. As a Customer or Patient you accept, in addition to the Contractual Documentation described in art. 3.1, any contractual conditions imposed by the Service Provider, in particular any general terms and conditions.
4. Use of the Platform — In general
4.1. In principle, the Site and the Platform are only accessible to registered Users (with the exception of the promotional pages of The Helpnet).
4.5. There is no right to create and maintain a profile on the Platform and/or to participate in it, and we are free to refuse or exclude a User at any time, without giving reasons. In this case, at the request of a Service Provider or a Client / Patient who has entered into a relationship, the respective contact details of each may be passed on to the other if the consent of all parties is obtained, so that the relationship between the said Users may be continued.
5. Use of the Platform — Illegal, Inaccurate or Inappropriate Content
5.1. The Helpnet does not systematically monitor content posted on the Platform, nor is it required to do so. Each User is solely responsible for the content he or she posts on the Platform.
5.2. Users undertake not to post illegal content on the Platform, such as racist, pornographic content, depictions of violence, defamatory statements, content violating the rights of third parties, etc. The Helpnet reserves the right to delete any content on the Platform that it deems to be illegal or infringing on its rights or the rights of third parties and to exclude, temporarily or permanently, any User who has posted such content on the Platform, without prior notice.
5.3. Users further undertake not to post inaccurate, misleading, obscene, derogatory, offensive or otherwise inappropriate content on the Platform. The Helpnet also reserves the right to delete without notice any content that, in its reasonable opinion, falls into one of these categories. The User who has posted such content may be excluded temporarily or permanently from the Platform without notice.
5.4. A complaint form is available on the Site for Users and any third party to draw The Helpnet’s attention to such content. In the absence of such a form, Users can draw The Helpnet’s attention to such content through the general contact form.
6.1. The Helpnet makes all reasonable efforts to ensure that the information on the Platform (and on the social networks it hosts) is accurate. However, The Helpnet accepts no liability in this respect.
6.2. The contents of the Platform do not constitute advice, recommendations, guarantees, or authorizations from The Helpnet. They are not intended to serve as a basis for making (or not making) any decision and/or for any use whatsoever. Any User who makes a decision on the basis of, or otherwise uses, the contents of the Platform does so at his or her own risk. The Helpnet expressly excludes any guarantee, including in particular any guarantee of usefulness for a certain use and non-violation of rights.
7.1. In general. Subject to mandatory exceptions provided by law, the liability of The Helpnet is excluded for all its Services and for any content placed by The Helpnet on the Platform.
7.2. Contents posted by Users/links. It is reminded that The Helpnet is not obliged to check the contents and links posted on the Platform by Users and is therefore not responsible for the contents and links contained therein, nor for the consequences of recording erroneous or inaccurate data. The Helpnet is expressly excluded from liability for the legality, accuracy, truthfulness, quality, timeliness, completeness and/or reliability of the contents posted on the Platform and the contents of external sites to which links posted on the Platform may point and for the consequences of the recording of inaccurate or erroneous data on the Platform.
7.3. Technical problems. The Helpnet declines all responsibility for temporary unavailability and/or malfunctioning of the Platform, whatever the cause.
8.1. Each User agrees to indemnify The Helpnet, its subsidiaries, employees, directors, officers, consultants, representatives, successors or assigns (for the purposes of this article only, the “Helpnet Affiliates”) for any damages suffered by The Helpnet or The Helpnet Affiliates in connection with claims made by third parties (including other Users) as a result of the acts or omissions of that User on the Platform. The indemnification will also cover legal, court, trial, procedural, expert, negotiating, consulting and other costs and expenses incurred by The Helpnet and The Helpnet Affiliates in the defense.
8.2. The Helpnet will promptly notify the User concerned in writing of any claim made by a third party against The Helpnet or The Helpnet Affiliates. The User concerned (i) undertakes to assist The Helpnet or The Helpnet Affiliates in any proceedings, including legal proceedings, conducted by third parties allegedly injured; (ii) undertakes to make available to The Helpnet or The Helpnet Affiliates all information necessary for the defence of The Helpnet or The Helpnet Affiliates, (iii) grants exclusive authority to The Helpnet or The Helpnet Affiliates to conduct such defence and/or to appoint a representative of its choice to do so, and (iv) grants The Helpnet and The Helpnet Affiliates, and where applicable their representative, exclusive authority to enter into a compromise, after prior consultation with the User concerned.
9. Intellectual Property
9.1. The Site and the Platform, including their interfaces and codes, are the exclusive property of The Helpnet and must not be reproduced or otherwise used by Users, except in the context of normal use of the Platform.
9.2. The Helpnet authorities Users to reproduce and disseminate the contents of the Platform created by The Helpnet (e.g. editorial articles) on the condition that they expressly indicate the Platform as the source of the content in question.
9.3. The User guarantees that he/she has all the rights necessary to post and make public his/her content on the Platform. Insofar as certain content may benefit from legal protection, in particular by copyright or other intellectual property rights, the User grants The Helpnet free of charge an unlimited right to reproduce and disseminate this content to the extent necessary for the operation of the Platform and authorizes other Users to make this content public in the same way as provided for in Article. 9.2.
10.1. Inserts and pictograms. In order to facilitate understanding, The Helpnet may be required to provide information that reproduces all or part of the Contractual Documentation by means of inserts or a pictogram system. These inserts and/or pictograms are for information purposes only: only the Contractual Documentation and the Service Providers’ terms and conditions of sale, if any, are binding.
10.2. Interruption of the Site or Platform. The Helpnet reserves the right to cease the operation of all or part of the Site, and/or the Platform, the offer of certain Services, or part thereof, at any time, definitively or provisionally, without notice.
10.3. Force majeure. Neither the non-performance nor the late performance of its obligations by one of the parties will constitute a default by the party in question with regard to its contractual obligations, insofar as the delay or non-performance results from a situation of force majeure (e.g. natural disasters, war, riots, civil unrest, fire) or other circumstances beyond the reasonable control of the said party such as technical problems that cannot be attributed to The Helpnet. Computer viruses and hacker attacks against computer systems are considered force majeure, provided reasonable security measures have been taken.
10.4. Assignment. The User’s rights and/or obligations arising from the Contract may not be transferred to another person. The User expressly authorises The Helpnet to assign its rights and to subcontract any obligations resulting from the Contractual Documentation.
10.5. Partial nullity. In the event that any provision of the Contract Documentation or any part thereof is or becomes invalid or unenforceable, then neither the validity or enforceability of the remaining provisions or the remaining part of the provision shall be affected or impaired. The User agrees, where appropriate, to replace the invalid or unenforceable provision or part thereof with a valid or enforceable provision that comes as close as possible to the original provision and that, as far as possible, will achieve the same economic and legal result.
10.6. Integrality. The Contract Documentation, as described in section 3.1, contains the entire agreement between you and The Helpnet relating to the subject matter of these T&Cs and supersedes any agreements or understandings relating to the subject matter of these T&Cs that may have been entered into between you and The Helpnet prior to the coming into force of these T&Cs.
10.7. No-waiver. No waiver by The Helpnet of any of the provisions of the Contract Documentation (section 3.1) shall be deemed a waiver of the right to rely on it or any prior or subsequent breach of the Contract whether the breach is of a similar or different nature.
10.8. Languages. The Contractual Documentation is written in French. Possible translations may exist. In the event of any discrepancy between the versions, the French version shall be deemed authentic.
11. Applicable Law / Place of Jurisdiction
11.1. The Agreement, and all Contract Documentation, is governed by Swiss law, excluding its conflict of law rules.
11.2. Any dispute arising out of or in connection with these general terms and conditions or any other document in the Contractual Documentation shall be subject to the exclusive jurisdiction of the courts of the registered office of the Company.
12. Effective Date / Duration / Modifications of the GTCs
12.1. The Contract comes into force for a given User as soon as the User accepts the GTC, it being specified that any use of the Platform constitutes tacit acceptance. The Contract shall remain in force as long as the User uses the Platform.
12.2. The Helpnet reserves the right to amend the GTC at any time. It will publish the modified version on the Platform and will inform Users of the new GTC by e‑mail, a pop-up window, or another method of its choice. In the event that the User does not agree with the modifications, the User may terminate the Contract by ceasing all use of the Platform with immediate effect. If the User continues to use the Platform, the most recent version of the GTC shall be deemed to have been accepted by the User.
Conditions relating to the acquisition and offer of service of a service provider
1.1. Definitions. In general, terms beginning with a capital letter in the present conditions have the meaning attributed to them in art. 1 of the Terms and Conditions or, failing that, in the present conditions.
1.2. Relationship with the General Terms and Condition. Relationship with the General Terms and Conditions. These conditions relating to the acquisition and offer of Services of the Service Provider apply in addition to the general conditions and other documents included in the Contractual Documentation. In the event of any discrepancy between the general terms and conditions and these conditions, the latter shall prevail.
2.1. The Helpnet offers Customers or Patients looking for Provider Services the opportunity to be put in touch with Providers offering such Provider Services.
2.2. Provider Services are divided into categories and sub-categories which may be subject to separate special terms and conditions for each category. Any such special terms and conditions are an integral part of these Terms and Conditions and therefore form part of the Contractual Documentation.
2.3. The purpose of these terms and conditions and the special terms and conditions per category of Service Provider Service is to govern the relationship between the Client or Patient, the Service Provider and The Helpnet when acquiring or offering Service Provider Services through the Platform.
3. Contractual Relationships
3.1. The Helpnet allows the direct conclusion of an Agreement (as defined in art 4.1) between the Customer or Patient and the Service Provider: The Helpnet acts solely as an intermediary and/or IT service provider to the Service Provider (art. 2.2 of the general terms & conditions).
3.2. The Customer or Patient therefore contracts directly with the Service Provider in case of acquisition of Service from the Service Provider, to the exclusion of The Helpnet.
3.3. The Helpnet in no way guarantees the availability of the Service Provider at the times desired by a Customer or Patient.
4. Service Agreement – In General
4.1. Service Agreement means the agreement between the Client or Patient and the Service Provider whereby the Service Provider sells a Service Provider Service to the Client in return for payment of a certain price.
4.3. If the Client or Patient acquires a Service Provider’s Service on the Platform, the Client or Patient agrees to be bound by the Service Provider’s contractual terms and conditions, including any general terms and conditions of the Service Provider in addition to the Contractual Documentation.
5. Service Contract – Conclusion
5.1. The Service Provider, by indicating availability to provide Service Provider Services on the Platform’s calendar, submits an offer to sell Service Provider Services to Customers or Patients (the “Service Provider Offer”). The Service Agreement is entered into as soon as the Client or Patient accepts the Service Provider’s Offer, i.e. when the Client or Patient selects a Service Provider’s availability period and makes payment.
5.2. The data recorded by The Helpnet is proof of the offer and/or acceptance to sell or purchase a Service Provider’s Service.
5.3. The Service Agreement is entered into between the Client or Patient and the Service Provider as soon as the Service Provider confirms its availability on the Platform or makes an appointment with the Client or Patient. The Client or Patient cannot make an appointment without confirmation from the Service Provider.
5.4. The data recorded by The Helpnet constitutes proof of the offer and/or acceptance to sell, respectively acquire, a Service Provider Service.
6. Service Contract – Required Information
6.1. The Client or Patient must necessarily be registered on the Platform in order to acquire a Service Provider Service on the Platform.
6.2. In order to offer Provider Services on the Platform, the Provider must be registered on the Platform.
6.5. Information relating to the Provider is displayed on the page of the Platform dedicated to the Provider or on the page(s) dedicated to the presentation of the Provider’s Services that it offers.
6.6. In order to pay the Service Provider the amounts received by The Helpnet, through its financial partners (as provided for in art. 13), the Service Provider must send its invoicing details to The Helpnet so that The Helpnet can send its invoices.
7. Offering for Sale of a Service Provider’s Service – Responsibilites of the Service Provider
7.1. By offering its Services as a Service Provider, the Service Provider certifies that it has all the necessary authorisations and skills to perform such Service Provider Services through the Platform. The Helpnet is not liable for any failure or default of the Service Provider.
7.2. It is the sole responsibility of the Service Provider to clearly, correctly and completely indicate any general terms and conditions. The Helpnet cannot be held liable in the event of default by the Service Provider.
7.3. The Service Provider indicates the essential information relating to the Service(s) of the Service Provider that it offers. In particular, it draws up a description of the activity that it is able to offer and informs about risks and restrictions (e.g. restrictions on the time required, the tools required, its qualifications; insurance issues, etc.).
7.4. It is the sole responsibility of the Service Provider to offer actual Service Provider Services and to be able to provide the Service Provider Service that is the subject of the Service Agreement between the Service Provider and a particular Client or Patient at the date and time specified. The Helpnet cannot be held liable for any failure of the Service Provider in this respect.
7.5. The Service Providers are also required to comply with all rules, in particular ethical and deontological rules, applicable to their profession (in particular when setting the Price per Service Provider Service and per tranche as provided for in art. 9 of these terms and conditions). The Helpnet cannot be held liable for any failure on the part of the Service Provider in this respect.
7.6. The Service Providers are further required to ensure that the ethical and deontological rules or any other rules applicable to their profession allow them to offer their Service Provider Services through the Platform. If this is not the case, they must refrain from using our Services. The Helpnet cannot be held liable in the event of unauthorised use of the Platform by a Service Provider.
7.7. The Helpnet does not (and is not obliged to) train or supervise the Service Providers and cannot be held liable for any damage caused by them.
7.8. The Helpnet is not a guarantor or intermediary with regard to the legal obligations of the Service Provider (e.g. duty of notification), in particular with regard to its obligations related to the Service Contracts that it concludes, and cannot be held liable for any breach, of any nature whatsoever, of its obligations by the Service Provider.
8. Acquisition of Service Provider – Customer and Patient Responsibilities
8.1. It is the sole responsibility of the Client or Patient to ensure that it will be able to meet its obligations as a creditor and/or debtor under the Service Agreement binding it to a given Service Provider. The Helpnet cannot be held liable, for any reason whatsoever, for a default by the Client or Patient in this respect (for example a delay). The Patient or Client must also be in possession of the tools necessary for tele-interviews (the minimum technical characteristics required are indicated on the Platform).
8.2. The Client or Patient agrees that the Service Provider is free to organise its tasks and that it may issue conditions for the performance of its Service Provider Services. The Client or Patient agrees that the Service Provider may refuse to provide the Service, without compensation, in the event of non-compliance with the said conditions.
8.3. It is the sole responsibility of the Customer or Patient to provide the information necessary to acquire the Service Provider’s Service in an accurate and complete manner.
8.4. The Helpnet is not a guarantor or intermediary with regard to the legal obligations of the Customer or Patient (duty to announce for example), in particular with regard to its obligations linked to the Service Contracts that it concludes, and cannot be held liable for any violation, of any nature whatsoever, of its obligations by the Customer or Patient.
8.5. The Helpnet is not responsible for the terms and conditions of insurance cover for the Service Provider Services provided through the Platform by the Service Providers. It is the sole responsibility of the Clients or Patients to ensure that they are covered by their insurance policies if they wish to claim insurance benefits. The HelpNet cannot be held responsible for a Service Agreement that is not covered by the insurance of the Patient or Customer.
8.6. The possibility for the Customer or Patient to comment on and/or rate (through a star system) the quality of a Service Provider’s Service provided by a Service Provider is the sole responsibility of the Customer or Patient. Ratings are not verified by The Helpnet and do not constitute a recommendation by The Helpnet or any validation of the quality of the Service Provider’s Services. The comments are verified, to the extent possible, only in accordance with articles 2 and 4.2 of The Helpnet’s general terms and conditions and do not constitute any validation of the quality of the Service Provider’s Services.
9. Price of provider services
9.1. The price is in principle fixed on an hourly basis determined by the Service Provider itself for the Service Provider Services it offers (the “Price per Service Provider Service and per tranche”). The possible Time Brackets are set by the Service Provider and with regard to the restrictions imposed by their professions.
9.2. The Prices per Service Provider Service and per time slot are the sole responsibility of the Service Providers. In particular, the Service Providers are required to comply with any mandatory rates set for their profession and any other rules applicable to them.
9.3. Time slots are automatically proposed on the Platform through a calendar system and according to the availability indicated by the Service Providers.
9.4. The Client or Patient is required to pay the Price per Service Provider Service and per slot before the teleconsultation.
9.5. Prices are expressed in Swiss Francs. Certain taxes, in particular VAT or any other tax (for example in relation to payment processing) may be added to the hourly rates indicated as well as The Helpnet’s commission. It is the Service Provider’s responsibility to determine where VAT or any other tax(s) is/are applicable, to collect said taxes and to make the related declarations.
9.6. It is expressly emphasised that in the context of automated invoicing through the Platform, The Helpnet only acts in the name and on behalf of the Service Providers and that the Service Provider is the only one providing Service Provider Services (to the exclusion of The Helpnet which is not a party to the contract). The Helpnet is not responsible for VAT or any other taxes for the Service Providers and cannot be held liable in the event of default by the Service Providers.
9.7. The price indicated does not include any costs related to payment.
9.8. The available payment methods are displayed on the Platform during the purchase process.
10.1. Payments are made through The Helpnet’s partner financial institutions in such a way that no financial information passes through The Helpnet’s servers, subject to art. 10.3 below.
10.2. Following the acceptance by a Customer or Patient of a Service Provider’s Offer, the Customer or Patient is redirected directly on the website or through a pop-up on the website of one of our financial partners in order to proceed to the payment of the Service Provider’s Service. The general terms and conditions of the financial partner used are applicable to the payment and the Client or Patient accepts them by proceeding to the payment via these intermediaries.
10.4. The Providers may be asked to create an account with one of our partner financial institutions in order to be able to receive payments from Customers or Patients. Only the general terms and conditions of our partner financial institutions apply to questions relating to payment. If these terms and conditions are not suitable, the Providers are advised not to use the Services or to contact The Helpnet directly.
10.6. The Helpnet réserve la possibilité de proposer aux Prestataires de facturer leurs Services de Prestataire sur facture. Dans cette hypothèse, les facture seront adressées aux Clients ou Patients à la fréquence indiquée sur les pages dédiées à cet effet de la Plateforme. Les factures sont payables dans le délai indiqué sur ces dernières.
11. Validation of the Service Request
11.1. Confirmation of the Service Request. After conclusion of the Service Agreement, the Patient or Client is informed through the Platform that the Service Agreement is concluded. The Service Provider is informed of the acceptance by a Client or Patient of his Service Provider Offer by notification on the Platform and/or receipt of an email.
11.2. Format. Summaries of the Service Requests that led to the conclusion of a Service Agreement (the “Summary”) are made available to the Client or Patient and the Service Provider either (i) on the Platform on a dedicated page immediately after the Service Agreement is concluded, in electronic format, or (ii) in the same manner via email.
11.3. Monitoring. The Client or Patient and the Service Provider are obliged to check the Summary as soon as they receive it. It is their sole responsibility to check that the Service Provider Service(s) listed correspond(s) to the Service Provider Service(s) they wish to acquire or offer. The Buyer must notify The Helpnet immediately if an error is found. After this period, the Summary is considered accepted. The same deadline applies to inform The Helpnet that a Summary is not accessible on the Platform or was not contained in its email as mentioned in art. 12.1 above.
12. The Helpnet Commission
12.1. The Helpnet may charge the Service Provider either (i) a commission amounting to a certain percentage (indicated on the Platform on the pages dedicated for this purpose) of the amount of the transaction between a Service Provider and a Customer or Patient, or (ii) a subscription payable monthly or annually as specified on the pages dedicated for this purpose on the Platform (the “Subscription”) according to the different plans indicated on the pages dedicated for this purpose on the Platform.
12.2. The Helpnet reserves the right to change its pricing conditions at any time, subject to reasonable notice for Users already registered. Service Contracts concluded under the previous tariff conditions are not affected.
12.3. The financial partners of The Helpnet are responsible for the collection of payment by the Client or Patient, the payment of their commission to The Helpnet and the payment of fees/prices to the Service Provider(s) for the Service Provider Services rendered. The Helpnet cannot be held liable in case of default of the partner financial institutions.
12.4. In case of invoicing by invoice, The Helpnet will send its invoices to the Service Providers according to the frequency indicated on the pages dedicated to this purpose on the Platform. Invoices are payable within the period indicated on the invoices, but in any case within 30 days of the invoice date.
12.5. It is furthermore reminded that if the invoicing of a commission is not admissible for certain Service Provider Services, the Service Provider is obliged to refrain from offering such Service Provider Services through the Platform or to opt for a Subscription if The Helpnet offers this possibility to this type of Service Provider.
13. Prohibition for the Client or Patient to resell the Services of Service Providers
13.1. Unless expressly provided otherwise, for example in the Service Provider’s terms and conditions of sale, the resale for commercial or other purposes of a Service Provider Service acquired on the Platform is prohibited.
13.2. In the event of a breach of Art 14.1, the Client or Patient shall be liable to claims for damages and the loss of the rights conferred by the acquisition of the Service Provider’s Service. The Helpnet also reserves the right to exclude any offender from the Platform.
14. Cancellation, Reimbursement and Modification of the Acquired Provider Services
14.1. In principle, and unless otherwise provided for in any general terms and conditions of sale of the Service Providers, cancellations of an appointment by a Customer or Patient do not give rise to any right to reimbursement.
14.2. The conditions for reimbursement may be set out in the Service Provider’s general terms and conditions, if any. In the absence of any indication in this respect, the Service Provider’s Services purchased are in principle neither refundable nor exchangeable. The Helpnet cannot be held liable for the service linked to the Service Contract or for any right to a refund or exchange of the promised service.
14.3. In the event of cancellation by the Service Provider after the Service Contract has been concluded (in accordance with 5.1, above), the Service Provider’s attention is drawn to the fact that in this case the Service Provider bears the full cost of any charges required to reimburse the Customer or Patient. Providers and Customers or Patients are invited to contact. The Helpnet directly if objective reasons (such as ethical issues on the part of the Provider) have led to the cancellation of the appointment
14.4. Changes to the Service Provider Services agreed between the Client or Patient and the Service Provider can be made at any time during the telecommunication between the Client or Patient and the Service Provider under a Service Agreement, provided the changes are within the same category of Service Provider Services. A new Service Request must be initiated by the Customer or Patient if the Customer or Patient wishes to extend the required Service Provider Services to other categories of Service Provider Services or if the duration of the teleconsultation is to be extended.
15.2. As indicated in the general terms and conditions, The Helpnet cannot be held responsible for any erroneous or incomplete information. Furthermore, The Helpnet does not guarantee and cannot be held responsible for the choice of the co-contractor. The Customer or Patient and the Service Provider agree to be solely responsible for their choice of whether or not to enter into a contract. The Helpnet does not guarantee the proper execution of the contractual and legal obligations of the Service Provider and the Client or Patient and cannot and must not control it.
15.3. The Helpnet makes every effort that can reasonably be expected of it to limit fraudulent use of its platform. However, The Helpnet cannot be held liable in the case of improper use of the platform by a User, except in the case of serious misconduct on the part of The Helpnet.
15.4. It is reminded that the Service Provider is solely responsible for the information it indicates on the Platform, particularly in relation to its ability to perform one or more Service(s) of the Service Provider. The elements mentioned on the Platform (in particular, the highlighting of given Service Provider Services or the ratings attributed to a particular Service Provider) cannot under any circumstances be qualified as guarantees or qualities promised by The Helpnet.
15.5. The Customer or Patient, by acquiring a Service Provider Service, agrees to be bound by any general terms and conditions of the Service Provider as well as the obligations of the Service Provider for the provision of the Service Provider Service. The Helpnet cannot be held liable for the failure to provide a Service Provider Service or the impossibility for the Service Provider to provide the Service Provider Service. The Helpnet also does not guarantee that the Customer or Patient will comply with its obligations.
15.6. The Helpnet cannot be held liable for contractual breaches by the Service Provider, for example for poor or non-compliant performance of the promised Service Provider Service, its cancellation, etc. The Helpnet cannot be held liable for the breach of the Service Provider’s contract.
15.7. The general exclusion of liability of The Helpnet also extends to the breach of pre-contractual obligations of Customers or Patients and Service Providers as well as to the extra-contractual liability of the latter