The BW Check-up Service offered by the VISIOMED GROUP allows users to benefit from a personal healthcare assistant to provide weighted advisory guidelines.
The use and access to the BW Check up Service functionalities are governed by the current general terms and conditions of use and imply their full, prior and express acceptation by the users.
VISIOMED GROUP suggests to its users to print and keep in their personal archives the applicable version of these General Terms and Conditions of Use at the time they decide to use the BW Check up Service.
In these general terms and conditions of use’s framework, the terms employed hereafter shall be defined as follows regardless of their employment in the singular or in the plural form:
The purpose of these CGTU is to define the terms and conditions governing the Users’ access and use of the BW Check-up Service.
The fact of clicking on the linked called “I have read and I accept the General Terms and Conditions of Use” at the creation of a profile shall be interpreted as a recognition and acceptation of both these GTCU.
All persons accessing the BW Check-up Service agree to comply with the General Terms and Conditions of Use without any reservations and are requested to read them prior to use.
3.1- VISIOMED reserves the right to modify the GTCU at any time, for example to adapt to the legislative or regulatory dispositions or technical evolutions of the BW Check-up Service.
3.2- The GTGU are regularly updated. Consequently, the users are invited to consult them each time they use the BW Check-up Service.
3.3- If the Users disagree with the modified GTCU, they will have to cease using the BW Check-up Service. The use of the BW Check-up Service by the Users after the new GTCU have been published will be deemed to be an express and unreserved acceptance on their behalf.
4.1- The use of the BW Check-up Service requires that the Users:
4.2- Users guarantee that they have full legal capacity to use the BW Check-up Service, including:
4.3- VISIOMED shall not be held responsible if the BW Check-up Service are used by Users who don’t fit the conditions provided by articles 4.1 and 4.2 of the GTCU.
The BW Check-up Service aims to (i) put Users wishing to benefit from a personal healthcare assistant in contact with MIS and (ii) enable Users, based on the information entered via the BW Check-up Service to receive weighted advisory guidelines established by MIS and to get advice from MIS.
ATTENTION: NOTE TO THE USERS
With regard to use of the BW Check-up Service, VISIOMED is simply acting as an intermediary. Consequently, VISIOMED does not provide any service to Users directly, including any medical advice or opinion and/or advice on well-being. All advice is given to Users directly by MIS.
Furthermore, the BW Check-up Service is not intended to provide a diagnosis and should not, under any circumstances, be a substitute for a medical examination and/or a doctor’s opinion. VISIOMED therefore urges Users to regularly consult a doctor, in particular in case of any doubt regarding the state of their health and/or to dial 112.
To use the BW Check-up Service, Users must have downloaded the Platform and subscribed to the BW Check-up Service by logging on to the BEWELL CONNECT website available at the address www.bewell-connect.com or www.bewell-connect.fr and/or directly from the Platform in accordance with the general terms and conditions of subscription.
Subscriptions to the BW Check-up Service are charged.
To use the BW Check-up Service, Users must log on via an Account and have created at least one (1) profile.
They must then select the profile in question. They are asked to stipulate:
The User is then asked to fill in a questionnaire prepared by MIS (e.g. history, symptom repetitiveness, recent events, occurrence of symptoms and pain, recent vaccinations, healthcare environment, etc.).
At the end of the questionnaire, MIS will provide an analysis, via the BW Check-up Service, in the light of the information provided by the User, consisting of (i) one or more weighted advisory guidelines along with (ii) recommendations (iii) a definition of the advisory guidelines given and (iv) an assessment of the level of urgency (5 possible levels).
That analysis can then be saved and stored by the User, in PDF format.
Users are also able to share the analysis by email with relatives or a healthcare professional or on community websites, i.e. Twitter, Facebook and Google+.
Users are solely responsible for sharing this analysis on third party sites, and their consequences, and say they are perfectly aware that they share the results through these sites can be viewed by others.
This sharing method is not secure. Accordingly, VISIOMED shall not be responsible for the consequences related to the sharing of results.
ATTENTION: NOTE TO THE USERS
VISIOMED does not provide any analyses. All analyses and measurements are prepared by MIS, solely based on the information entered by the User or from the data collected via the Products. Consequently, the User is solely responsible for the information and/or data provided and agrees to enter true information in accordance with reality.
Furthermore, the analysis provided by MIS via the BW Check-up Service should not, under any circumstances, be a substitute for a medical examination and/or a doctor’s opinion. VISIOMED therefore urges Users to regularly consult a doctor, in particular in case of any doubt regarding the state of their health and/or to dial 112.
8.1- VISIOMED reserves the right to interrupt in full or in part the Platform and/or the BW Check-up Service exploitations at any time, with or without prior notice, notably so as to ensure their corrective and progressive maintenance or so as to make either the content or the presentation evolve. As far as possible, VISIOMED will inform the Users preliminarily to a corrective or progressive maintenance operation. Moreover, Users recognize that the Platform and/or the BW Check-up Service can be interrupted for reasons independent from VISIOMED’s control and that VISIOMED therefore cannot guarantee a continuous access to the Platform and/or the BW Check-up Service.
VISIOMED shall not, in any case, be held responsible for any interruption and/or dysfunction of the Platform and/or the BW Check-up Service no matter what caused it.
8.2- Users are invited to inform VISIOMED of any technical problem they encountered while using or navigating on the Platform and/or the BW Check-up Service by writing to the following address and describing the encountered problem: firstname.lastname@example.org.
9.1- In general terms, Users commit to integrally respect these GTCU as well as the applicable laws and regulations. Users are generally responsible for the Platform and BW Check-up Services’ use as well as for their consequences.
9.2- In the context of the Platform and BW Check-up Service use, Users commit notably to:
10.1- Users are exclusively responsible from their choice to use the Platform and/or the BW Check-up Service and from this use’s adequacy with their needs. They are also responsible for the securitisation of their computing network and for their data saving.
Moreover, they are personally liable for the use of Platform and/or of the BW Check-up Service and/or of the provided information.
10.2- Users will guarantee and indemnify VISIOMED against any damage it could suffer and/or against any action in responsibility engaged against it on the grounds of a violation of these GTCU and/or any third-party’s right. In the case of a characterized fraud, VISIOMED will be able to communicate all the information necessary to the institutions that have jurisdiction for these frauds and infraction punishment.
10.3- In case of breach by a User of one of the obligations arising from these GTCU, in particular those set out in article 9 above, VISIOMED reserves the right to prohibit access to the BW Check-up Service without prejudice to any damages it may claim as a result of such breaches by the User.
11.1.1- The use of the Platform and/or the BW Check-up Service are the Users’ risk.
11.1.2- As VISIOMED only has an intermediary role, it only agrees to make every effort to send to the User the questionnaires generated by MIS and to return to the User the diagnosis and its results.
11.1.3- The Platform and the BW Check-up Service only allow Users to receive initial assistance with diagnosis with regard to the information they have entered. Under the General Terms and Conditions of Use, it is expressly agreed that VISIOMED is not operating in the capacity of a healthcare professional and that the weighted advisory guidelines provided as part of the use of the Service are provided by MIS. As such, VISIOMED shall not be liable for any diagnosis or advice provided by MIS and is also not bound by any general obligation to monitor the state of health of Users.
VISIOMED shall not be held responsible from any damage caused to the Users’ resulting from the access or the use of the Platform and/or the BW Check-up Service by Users.
11.1.4- VISIOMED cannot be held responsible for any direct or indirect damage, loss or fees resulting from the use of the Platform and/or the BW Check-up Service, nor from the impossibility to use them, nor from a dysfunction, an interruption caused by maintenance, by computer server’s technical failure, by an interruption in the access to the Internet network, or caused by any other event such as computer viruses, lines or systems failures.
VISIOMED shall not be held responsible from any damage caused to the Users’ computer systems, from any loss of data nor from any other damage resulting from the access or the use of the Platform and/or the BW Check-up Service by Users.
Moreover, VISIOMED cannot be held liable by Users, as far as the French applicable law allows it, of:
ALL INFORMATION OR ADVICE PROVIDED BY VISIOMED IN THE CONTEXT OF THE PLATFORM’S AND/OR THE BW CHECK-UP SERVICE USE SHALL NOT BE CONSIDERED AS GUARANTEED.
Any complaint by a User regarding the use of the BW Check-up Service must be made, in full, to VISIOMED giving details of the subject matter of the complaint in particular, by post to the following address: Visiomed, Service Clientèle, 112 avenue Kleber 75116 Paris or by email to the following email address: email@example.com. In order to be valid, all complaints must be made within a maximum of fifteen (15) days of the use of the BW Check-up Service giving rise to the complaint.
No complaint will be taken into consideration if it does not comply with the conditions imposed by this clause.
In any case, given VISIOMED’s simple intermediation role, it shall not be liable for any complaints made or for the information provided by MIS (including the weighted advisory guidelines).
13.1- Some elements (notably texts, pictures, studies and videos) appearing on the Platform and/or the BW Check-up Service are protected by specific laws relative to Intellectual Property, in particular to copyrights and are VISIOMED’s exclusive property.
Similarly, trademarks, logos, graphs and animations withheld on the Platform and/or the BW Check-up Service are VISIOMED’s exclusive intellectual property.
13.2- VISIOMED grants, on a personal level, to Users a non-exclusive and non-transferable right to use the Platform and/or the BW Check-up Service and any other associated software without any charges. Yet, they are forbidden to copy, modify, create a derivative work, inverse the conception or the assemblage –directly or indirectly- as well as trying to obtain the source code (except when this faculty is granted by the law), sell, assign, sublicense or transfer any right relative to the Platform and/or the BW Check-up Service and any other associated software, whatever which means are employed to this effect.
Users commit not to modify the Platform, BW Check-up Service or the relative software and/or not to use modified versions of those notably (but this list is not limitative) so as to obtain an unauthorized access to the Platform and/or the BW Check-up Service. In particular, Users commit to only access the BW Check-up Service through the Platform.
Users are informed and recognize that the Platform, the BW Check-up Service and any relative software are likely to contain confidential information or to be protected by Intellectual Property applicable law or any other law. Users commit not to modify, rent, borrow, sell or distribute this content or to create derivative work containing all or part of this content unless they have previously received VISIOMED’s express authorization.
The Platform and the BW Check-up Service contain texts and pictures that are VISIOMED’s exclusive property (hereafter “Intellectual Property Elements”). The Intellectual Property Elements are freely put at the User’s disposal only for the use of the Platform and the BW Check-up Service and in the context of a normal use of their functionalities.
This use authorization of the Intellectual Property Elements is personal, non-exclusive and non-transferrable. VISIOMED can revoke, at any time, this use authorization for its Intellectual Property Elements.
It is forbidden to the Users to copy, modify, create a derivative work, inverse the conception or the assemblage –directly or indirectly- or in any other manner, to try finding the source code (except when this faculty is granted by the law), sell, assign, sublicense or transfer in any manner or whatsoever any right relative to the Intellectual Property Elements. The User commits not to modify in any way the Intellectual Property Elements.
In the case of a non-conform or abusive use of the Intellectual Property Elements, VISIOMED reserves any action or legal option to make the violation of its Intellectual Property rights stop.
The information entered by the User via the BW Check-up Service is provided to MIS completely anonymously, i.e. not allowing the identification of said User (only the symptoms, signs, medical history, symptom repetitiveness, recent events, occurrence of any symptoms and pain, recent vaccinations, healthcare environment, etc.), excluding any last name, first name or email address.
No personal information collected during the access and/or use of the BW Check-up Service and/or the creation of an Account is disclosed to third parties.
Personal data collected during the use of the BW Check-up Service is hosted securely, by a hosting provider approved by the Ministry of Health, in accordance with Article L1111-8 of the French Public Health Code, namely: ORANGE BUSINESS SERVICES.
Healthcare data is stored for a reasonable, limited period of 5 years. After that period, it will be automatically deleted.
Pursuant to the provisions of the French Data Protection Act of 6 January 1978, all Users have a right to access, correct and remove their data, which they may exercise by sending their request to the support service in writing by post to the following address: VISIOMED GROUP, 112 avenue Kléber, 75116 Paris or by email to the following address: firstname.lastname@example.org.
15.1- These GTCU constitute the whole agreement between VISIOMED and the Users as regards the use of the BW Check-up Service.
These GTCU aim to rule the whole use made of the BW Check-up Service.
15.2- Generally, if one or more of the GTCU’s stipulations are considered or declared voidable by a legislative or regulatory disposition or by a definitive Court decision, the other stipulations will remain valid and enforceable. Same principles will apply if those dispositions are incomplete.
15.3- If VISIOMED shall fail to ask at a given time for the application of any of these stipulations at a given time, this lack of reaction shall not be interpreted as a permanent renunciation to these GTCU’s conditions.
French law governs the use and exploitation of the Platform and the BW Check-up Service. French law must also govern the validity, the enforcement and the interpretation of these GTCU applicable to the Platform and/ or to the BW Check-up Service.