SanaNeo is a service of Intuitive Quest, a company registered with the Trade and Companies Registry of Geneva and headquartered at 18 Place de Cornavin, 1201 Geneva.
The services offered by SanaNeo aim to:
• publish information in the areas of alternative medicine and alternative therapies on health and wellbeing
• provide a complete directory of alternative medicine and alternative therapy practitioners
The following articles specify the terms and conditions of use of these services.
The purpose of the Terms and Conditions of use is to establish the terms and conditions of using SanaNeo. They describe Users’ rights and obligations and constitute the Agreement that binds them to Intuitive Quest.
The User undertakes to comply with these Terms and Conditions of use for as long as it uses SanaNeo. If the User does not agree with the Terms and Conditions of use, he must not use the SanaNeo Service.
The User declares that he has the capacity to contract. Any User who is a minor warrants that he has received permission from his parents or the person with parental authority. Where a User is acting in the name and on behalf of an employer, he warrants that he has the authority and the necessary power to enter into this agreement.
SanaNeo reserves the right to amend these Terms and Conditions of use at any time.
For the purposes of these Terms and Conditions of use, the capitalised terms and expressions have the meanings given below, whether used in the singular or plural:
• “Terms and Conditions of use” means these general terms and conditions of use of the SanaNeo websites.
• “User” means a natural or legal person, acting alone or on behalf of a third party, whether or not undertaking a professional or business activity, who uses the SanaNeo website.
• “Registered User” means any natural or legal person who has created an account on SanaNeo, either by following the registration procedure described below, or by registering directly with SanaNeo in the “Therapist” area.
• “Contributor” means a User who has published Works on SanaNeo in which he holds the intellectual property rights.
• “Contribution” means any Work (text, photograph or audio-visual or multimedia work) that a Contributor publishes on SanaNeo.
• “Website” means SanaNeo as well as all subdomains of SanaNeo.
3. Description of the SanaNeo Service
• a directory service that enables you to locate therapists in Switzerland and abroad;
• a service that allows you to access a variety of practical information concerning alternative medicine or alternative therapies as well as general health-related information, either on SanaNeo or on other websites dedicated to specific subjects;
• each User the opportunity to create his own account and public profile;
• each Registered User the opportunity to contact other Registered Users via the internal messaging service;
• a regular newsletter service;
• a question-answer service for Registered Users;
• a publication service for Registered Users that allows texts, photos, videos and, more broadly, any type of work, to be stored and published on SanaNeo;
• a document downloading service for Registered Users;
• a service that allows visitors to book appointments with Therapists.
SanaNeo also offers the following services to Registered professional Users:
• the opportunity to promote their products and services and display their details and contact information on their public profile;
• the opportunity to be listed in respect of one or more therapies in the professional directory published by SanaNeo;
• the opportunity to promote their occasional or regular events (training sessions, seminars, etc.) on the SanaNeo website calendar;
• the opportunity to become a “Contributor”;
• an online appointment booking service with any Registered User;
• a service that monitors and manages patients via a computerised medical history form;
• an email alert service for new content published in specialist areas.
All Users with an Internet connection can access the SanaNeo public service for free and from anywhere. Users shall bear all costs they incur in accessing the service (computer equipment, software, Internet connection, etc.).
The SanaNeo service for registered professional Users is a paid-for service.
In view of the worldwide nature of the Internet, Users agree to comply with all public policy rules on the behaviour of Internet users that apply in the country where the User accesses the service. For its part, SanaNeo shall comply with current Swiss legislation to which it is subject.
SanaNeo shall do all it reasonably can to ensure that its service is available 24 hours a day and 7 days a week. It does not, however, provide any warranty in that respect.
4. SanaNeo’s warranties and liability
SanaNeo provides a digital directory that Users are invited to consult to contact, as the case may be, therapists, schools, training centres, etc., that practise one or more alternative or natural therapies.
SanaNeo shall use its best efforts to offer the User information that has been verified and is up to date, but shall not be held liable for errors, inaccuracies, omissions and the unavailability of information on its Website, nor for any consequential direct or indirect losses.
The content and services offered on the SanaNeo website provide background information. They describe general scenarios but do not address users’ particular circumstances; they are provided for information purposes only and do not claim to be either accurate or exhaustive and are not continually updated. The User is solely responsible for interpreting and using the information provided. The information published on SanaNeo shall not be a substitute for consultation, diagnosis or professional advice, in particular in the area of healthcare.
In addition, SanaNeo shall not be held liable for the offers made in response to requests for quotations on its Website, especially concerning the User’s satisfaction, nor for the number of suppliers who respond to the request and the offers themselves nor the qualities and features of the products offered by suppliers.
SanaNeo shall also not be liable for any failure on the part of a therapist to provide a service or for any poor service (whether in whole or in part). Any complaint in respect of the services rendered shall be made directly to the relevant professional.
SanaNeo does not provide any warranty in respect of the accuracy, the legality, the quality or the reliability of the information published freely by the Contributors. Any hyperlinks placed on this Website that lead to other Internet resources shall not render SanaNeo liable for the contents of those resources.
Pursuant to its legal obligations, SanaNeo may remove, in whole or in part, any content on its Website that is claimed by a third party to be illegal and may, if formally requested by the judicial authorities, pass on any information that will help to identify Users who contributed this content.
SanaNeo shall use its best efforts to provide Users with a secure Website and shall endeavour to ensure that the Website is free from viruses. It is, however, the User’s responsibility to use anti-virus software to protect his equipment and computer network and to keep the software up to date. The Company may in no circumstances be held liable for any virus that is introduced onto the User’s computer equipment, nor for any consequential direct or indirect losses.
5. SanaNeo registration and account
Users may use the public information services offered by SanaNeo for free; these include the directory, the calendar, news, articles, etc. A User may only, however, use SanaNeo’s paid-for services once registered by creating an account and by connecting to the service using his user name and password.
To create an account, a User must first specify whether he is using the service as a visitor or as a professional Therapist and then provide at least an email address and create a user name.
To contact one or more therapists for free, a User may complete a health form and SanaNeo’s search engine will use the information in the form to offer a selection of therapists that may be able to meet his healthcare needs. In order to use this service, a User is automatically required to create an account.
Users who create a professional account may use their business name as their public user name.
The User undertakes to keep his password confidential. This password may be changed by the User in the accounting settings function. He is responsible for all action that is taken using his user details and this applies especially, but not exclusively, to his Contributions.
In order to open an account, a User must supply the information requested by SanaNeo. In particular, those who wish to become Registered Professional Users must, in order to create an account, provide their surname, first names, business name, email address and postal address and those details may be used by SanaNeo for account administration and management, invoicing and for publicising the services offered.
User names and communications between Users must comply with the rules of conduct set out in these Terms and Conditions of use.
Where these provisions are breached by the User, SanaNeo may close the account without notice and the User may no longer use the SanaNeo service.
The creation of an account requires the User to comply with these Terms and Conditions of use. By registering, the User agrees to receive information from SanaNeo by email. He can unsubscribe from this service by simply emailing info@SanaNeo.com.
Any User registered as a non-professional may deregister by sending an email to info@SanaNeo.com from their registered email address and by stating “Désinscription” (Deregistration) in the subject field and by providing their user name and the email address associated with the account. No other method of deregistration shall be effective.
Deregistration has no effect on previous transfers of information; in particular, Intuitive Quest may continue to display the User’s Contributions on the website along with the User’s public user name. If a User requests that his public user name be anonymised, he acknowledges that his user name will then be removed from his Contributions and undertakes, by extension, to waive any claim or action in respect of intellectual property rights.
6. Personal data
Personal data processing on the SanaNeo website
Users who wish to find out about the privacy protection rules that apply to the SanaNeo website are invited to click on the following link.
7. Procedure for publishing Contributions
A Contributor may publish Contributions by uploading text to the SanaNeo servers, along with photos and videos.
The Contributor warrants that he owns the files and the original data in his Contributions. SanaNeo shall not be held responsible in the event that the files or data transferred by the Contributor are lost.
SanaNeo shall remain free not to publish or to remove any Contribution without having to provide any justification.
8. Rules of Conduct
The User is solely responsible for the information, messages and, more generally, all content that he circulates on SanaNeo’s interactive services, such as the question-answer, private messaging and content publication services.
The User is solely responsible for any contacts made via the interactive services of the SanaNeo website, such as contacts via the directory, the question-answer service or the private messaging service.
The User undertakes not to do anything that may damage the reputation or good name of SanaNeo, its business or its representatives.
The use of SanaNeo’s information services to send advertising or publicity messages to other Users is prohibited. The User undertakes to be courteous to other Users and to respect the customs and practices in all communications.
Any contributions and communications that openly glorify crimes against humanity, incite racial hatred or violence, that are, in any respect, erotic, pornographic, defamatory or injurious, fail to respect other persons, that are contrary to public policy or decency or that exploit the site for advertising purposes are prohibited. Any User who does not comply with these conditions shall be automatically banned and his messages deleted, without prior notice.
In addition, the Contributor undertakes to provide contributions that are entirely original. Any copying or paraphrasing of, or resemblance to, a text written by another person, whether or not published, is strictly prohibited. SanaNeo cautions Contributors against borrowing material from Websites, books, newspapers or magazines, studies, essays, white papers or brochures, etc.
The same applies to images (photos, diagrams, etc.). The Contributor warrants that he possesses the exploitation rights (namely, the permission of the photographer or designer, on one hand, and the permission of the creators of what is represented, on the other). It is the Contributor’s responsibility to obtain any necessary permissions and to bear any costs in respect of the images that he publishes on SanaNeo.
The Contributor shall be solely liable in the event that these provisions are breached. In addition, SanaNeo may then, depending on the severity of the breach:
• correct or delete the contentious Contribution(s);
• and/or unilaterally and without notice close the User’s account, with the result that the User may no longer use the SanaNeo service;
and, depending on the circumstances:
• it shall report the illegal behaviour along with the necessary identification information to the relevant authorities, in circumstances where it is obliged to report or where it considers that it would be in the public interest or particularly useful to make a report;
• bring any technical, legal, administrative or amicable proceedings that aim to bring an end to any harm or any illegal behaviour of any sort whatsoever.
SanaNeo carries out moderation after the event and undertakes to pursue any reports of abuse.
Where works containing illegal or plagiarised content are published, Users are encouraged to alert SanaNeo by sending an email to info@SanaNeo.com, stating “Contenu illicite” (illegal content) or “Plagiat” (plagiarism) in the subject field, and providing a link to the page containing the contentious material.
In the event of illegal or malicious behaviour, Users are encouraged to alert SanaNeo by sending an email to info@SanaNeo.com, stating “Signalement d’abus” (Notification of abuse) in the subject field, and providing a complete and accurate description of the behaviour or the contentious message if it is not in the public domain.
Users accept that SanaNeo will take the initiative, without prior notice, of deleting, in whole or in part, all content that they publish or that it is sent via interactive services, where that content may infringe applicable laws or regulations, or public decency.
Identity theft and usurpation of title or theft
Users are prohibited from laying claim to an identity, qualification, title or a function that they are not entitled to claim by law, or in respect of which they have not received the necessary authority or power. In particular, Users must be able to provide SanaNeo.com with any document that evidences their full and legal right to use an identity, title, function or business name.
Users are strictly prohibited from publishing personal information concerning third parties on the SanaNeo.com website. In particular, they are prohibited from mentioning in a Contribution, a private message or on their public profile any information that is personal to a third party or another User. In order to protect the privacy and security of its Users and all natural or legal persons who are not Users, the moderators reserve the right to correct or delete any reference to, or publication of, personal data or contact details on SanaNeo.com, especially email and postal addresses and telephone numbers.
Users are requested to avoid any behaviour or comments that might arouse, encourage, provoke or exacerbate interpersonal disputes in their Contributions, private messages and public profiles and, more generally, any behaviour or comments that may prevent Users and Internet users using SanaNeo.com without interference. To this end, the moderators reserve the right to correct or delete any relevant Contribution or public profile.
In the event of a dispute or disagreement between a number of Users, those in dispute are requested not to respond to any provocations from third parties and should contact the moderators using the methods described in paragraph 3 of this moderation charter.
Appointment booking service
Users undertake to use the appointment booking service for personal purposes and for bona fide and genuine services. Users undertake to provide accurate information when requesting appointments. Any misuse of the service may give rise to legal proceedings. False requests for appointments, or those containing false information or using someone else’s identity, constitute examples of misuse.
9. Intellectual Property
The Contributor remains the owner of all intellectual property rights.
By publishing a Contribution on SanaNeo, the Contributor assigns to Intuitive Quest the non-exclusive, royalty-free right to display, reproduce, adapt, modify, publish and distribute his Contribution, directly or via an authorised third party, anywhere in the world, on any medium (digital or physical), for as long as the intellectual property right lasts.
In particular, the Contributor assigns to Intuitive Quest the right to use his Contribution on the Internet and on mobile telephone networks, on websites or as a download or in printed documents, free of charge or for payment.
SanaNeo undertakes to include the Contributor’s public user name whenever his Contribution is used. If a User requests that his public user name be anonymised, he acknowledges that his user name will then be removed from his Contributions and undertakes, by extension, to waive any claim or action in respect of intellectual property rights.
Intuitive Quest may make any necessary spelling and grammatical corrections to published Contributions. Where Contributions are published on its websites, Intuitive Quest may also insert hyperlinks to its own websites or to its partners’ websites. Lastly, with a view to enhancing the quality of the content published on the Website, Intuitive Quest may edit these Contributions and, in particular, rewrite them, though will remain respectful of the Contributor’s moral rights.
No royalties and no payment in any form whatsoever will be paid when Contributions are used.
The Contributor shall ensure that SanaNeo may peacefully exercise and enjoy all rights relating to the Contributions. The Contributor indemnifies SanaNeo against any interference, action, demand, opposition, claim and dispossession whatsoever from third parties who may claim that one of the Contributions infringes their rights, and indemnifies SanaNeo against any losses or liability that it may incur in exercising the rights attaching to the Contributions.
For Registered professional Users, the subscription they choose when they first register serves as a commercial contract that is automatically renewable on the terms chosen at the time the order was made. Each contract is valid for one year unless a different duration is expressly specified or the subscription is purchased on the basis of one of the promotional offers available on the SanaNeo.com website from time to time.
If the User does not wish to renew his contract, he must inform Intuitive Quest by registered letter two months before the expiry date of his subscription. Where a contract is entered into for a fixed or minimum term, early termination is not permitted. The entire agreed price remains due and the user has no right to a reimbursement for the amounts he has already paid.
Once a contract has been terminated, Intuitive Quest is no longer required to keep the data and documents that it has received, unless it has otherwise agreed to do so in writing.
A registered professional User becomes liable to pay once he has chosen a subscription package on the website and that package is confirmed. This is equivalent to entering into a contract. Intuitive Quest’s invoices are payable 30 days after the date on which they are received. Late payment fees are automatically incurred, together with default interest at 8%, once a second payment reminder is issued. Intuitive Quest also reserves the right to suspend its services without notice in the event of non-payment. In such circumstances, a Registered professional User’s debt is not extinguished as a result of Intuitive Quest terminating that user’s subscription.
Validity of communications
The parties agree that information they are required to send to meet the obligations under the agreement may be exchanged in electronic format. Any electronic communication between the parties is deemed to have the same evidential force as a communication written on paper.
In the event that a material provision in the Terms and Conditions of use is declared to be invalid or if that provision is deemed never to have existed, in whole or in part, pursuant to any law or regulation as a result of a final judicial decision, the other provisions shall continue to apply and shall retain their full, binding force as between the parties.
These Terms and Conditions of use shall be governed by French law, save for the rules on conflict of laws.
Amicable dispute resolution procedure
Where the parties experience difficulties in performing their obligations under the agreement, the parties undertake to refer any dispute to amicable dispute resolution before terminating or cancelling the agreement and/or bringing legal proceedings.
In such circumstances, the party that wishes to invoke the amicable dispute resolution procedure shall notify the other party, by registered letter with acknowledgment of receipt, of its intention to invoke the procedure and shall specify the difficulties it has encountered in implementing the agreement.
For the entire period during which these issues subsist, the parties agree that the continuity of the services specified in the Terms and Conditions of use prevails over all other considerations.
Where the parties are unable to reach agreement within fifteen (15) days of the date on which the notification referred to above is made, the parties shall be free to act as they wish.
In the event of a dispute, the parties agree that the legal forum for any action shall be Geneva, the location of the registered office of Intuitive Quest and the place where the agreement between the parties is entered into, notwithstanding that there may be multiple defendants or third party proceedings, even for emergency or protective summary or ex parte proceedings.
© Intuitive Quest, 2015
SanaNeo is a service of Intuitive Quest, a company registered with the Trade and Companies Registry of Geneva and headquartered at 18 Place de Cornavin, 1201 Geneva.