General terms and conditions of use for the service Bewell Check-up (enforceable since the 24/11/2016)

PREAMBLE

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.

ARTICLE 1 – DEFINITIONS

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:

 

  • “Account”: refers to the account created by the User, allowing it to access and use the BW Check-up Service. The Account can only be accessed by the User who created it, using the email address and personal password selected upon registration to the Platform. It allows the unlimited use of the BW Check-up Service via seven (7) different profiles for the entire subscription period;
  • “BW Check-up Service”: refers to the intermediation service offered by VISIOMED via the Platform described in Clause 5 of the General Terms and Conditions of Use. The BW Check up Service is provided to Users by VISIOMED in return for a subscription paid by the User which allows the User to (i) report a symptom and/or to relay the data collected by the Products (ii) to answer any questions asked and (iii) to receive a weighted list of advice with 5 urgency levels established by MIS as well as advice and recommendations provided by MIS;
  • « GTCU »: refers to the current general terms and conditions of use of the BW Check up Service;
  • “MIS”: refers to the company, Medical Intelligence Service, a société par actions simplifiée (simplified joint stock company) with a single shareholder and with share capital of 50,000 euros, registered on the Paris Company Register under the number 795 177 146, the registered office of which is at 9 avenue d’Italie 75013 Paris, France and which VISIOMED puts in contact with Users via the BW Check-up Service. MIS is responsible for preparing the questionnaires to be completed by Users with symptoms entered via the BW Check-up Service and for preparing, in the light of these, a list of weighted advisory guidelines with advice and recommendations and a definition of the weighted advisory guidelines for Users. Consequently, MIS provides Users put in contact with it by VISIOMED with the personal healthcare assistant service to assist with weighted advisory guidelines;
  • « Pad »: refers to tactile screens allowing the access to applications via the Internet network;
  • “Platform”: refers to the BEWELL CONNECT platform which can be downloaded to a Smartphone or a Tablet, from which the BW Check-up Service may be offered. To be able to offer the applications on the Platform, Users must register in accordance with the conditions stipulated in the General Terms and Conditions of Use of the Platform;
  • “Products”: refers to the self-diagnosis products created and marketed by VISIOMED as part of its BEWELL CONNECT range, which allow the feed-back of data, via sensors, for use of the BW Check-up Service. Those products are as follows: MyThermo, MyTensio, MyOxy, MyGluco, MyCoach and MyScale;
  • “Smartphone”: refers to the mobile smartphones allowing access to the applications via an internet network;
  • “User”: refers to any individual accessing and using the BW Check-up Service from a personal Account. A User may therefore be the Accountholder or one of 6 other people who have set up a profile from the Accountholder’s Account, in addition to the Accountholder’s profile;
  • « VISIOMED»: refers to VISIOMED GROUP company, société anonyme à conseil d’administration, with a share capital of 18.664.075,50 euros registered with the Paris trade and companies register under number 514 231 265 and having its head quarters at the 112th avenue Kléber Paris (75116).
ARTICLE 2 – PURPOSE

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.

ARTICLE 3 – CGTU’S APPLICATION / MODIFICATION

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.

ARTICLE 4 – PRIOR CONDITIONS TO THE USE OF THE BW CHECK-UP SERVICE

4.1- The use of the BW Check-up Service requires that the Users:

 

  • Posses a smartphone and/or a Pad equipped with an Android 4.3 or IOS 8.0 (or more recent) operating system, connected to the Internet network and equipped with the Bluethooth Low Energy (BLE) functionality;
  • Download the available Platform on the Apple Store or on Google Play;
  • Create an Account on the Platform as stipulated in the General Terms and Conditions of Use of the Platform and at least one profile;
  • Subscribe to the BW Check-up Service in accordance with Clause 6 of the General Terms and Conditions of Use.

 

4.2- Users guarantee that they have full legal capacity to use the BW Check-up Service, including:

 

  • That they are of legal age. Notwithstanding the above, minors over the age of sixteen (16) are permitted to use the BW Check-up Service, on the express condition that they have previously obtained from one of their parents – or from a person with parental authority – permission to do so and that they provide their details and email addresses to which any communication may be sent. Minors over the age of sixteen are only able to use the BW Check-up Service if their Account or profile has been activated by a person with parental authority.
  • That they are not a competitor of VISIOMED and/or are not using the BW Check-up Service for the purposes of competing with VISIOMED, fraudulently and/or in a way which may damage the interests of VISIOMED;
  • Be able legally and have full ownership of their intellectual or cognitive resources (including not being dependency, guardianship and / or under guardianship);
  • Do not use the BW Check-up Service for professional and / or commercial purposes and in particular for illegal practice of medicine

 

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.

ARTICLE 5 – GENERAL OPERATION – INTEREST OF THE BW CHECK-UP SERVICE

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.

ARTICLE 6 – SUBSCRIPTION TO THE BW CHECK-UP SERVICE

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.

ARTICLE 7 – TERMS OF USE OF THE BW CHECK-UP SERVICE

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:

 

  • Since when the problem occurred;
  • The main symptom from either (i) a list, or (ii)
  • The painful area by selecting it from a representation of the human body;
  • Any accompanying symptoms;
  • Their medical history and any epidemiological factors from the lists provided.

 

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.

ARTICLE 8 – INTERRUPTION IN THE PLATFORM AND/OR THE BW CHECK-UP SERVICE

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: support@visiomed-lab.fr.

ARTICLE 9 – USERS’ GENERAL COMMITMENTS – GENERAL RESTRICTIONS FOR THE PLATFORM AND/OR THE BW CHECK-UP SERVICE USE.

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:

 

  • Provide accurate, complete and real data and systematically update it when they evolve;
  • Respect the prerequisite conditions to the Platform and/or BW Check-up Service use;
  • Read and comply with the General Terms and Conditions of Use of the Platform and the GTCU;
  • Not use the Platform and/or the BW Check-up Service for commercial and/or professional purposes, including to illegally practise medicine;
  • Not to access the Platform and/or the BW Check-up Service for any other purpose than personal use;
  • Not to modify or alter all or part of the Platform and/or the BW Check-up Service;
  • Not to restrain by any means the Platform and/or the BW Check-up Service’ use and not to falsify any element or reference of the Platform and/or the BW Check-up Service;
  • Not to broadcast or try to broadcast computer viruses or any other damaging elements through the Platform and/or the BW Check-up Service’ intermediary;
  • Not to penetrate in a computing system, not to alter the content, nor to commit an infraction sanctioned by the Articles 323-1 and 323-7 of the French Penal Code (“hacking”), nor to send numerous unsolicited messages through the Platform and/or the BW Check-up Service (practice prohibited by the Article 226-18 of the French Penal Code);
  • Not to aspire the Platform and/or the BW Check-up Service content and their databases, notably through automatized programs;
  • Not to transfer their personal password to a third-party;
  • Not to use the Platform and/or the BW Check-up Service rights (notably relatively to intellectual property and the respect of their private lives);
  • Not to try and abstain from bypassing, deactivating or disrupting in any manner any function of the Platform and/or the BW Check-up Service that is linked to security, to prevention or restrain of the use or copy of the content, or to the limitation of the use or accessible content of the services offered through the Platform and/or the BW Check-up Service;
  • Not to distribute all or part of the Platform and/or the BW Check-up Service and notably their content through any other support without VISIOMED’s prior written content;
  • More generally not to harm VISIOMED.
ARTICLE 10 – USERS’ RESPONSIBILITY

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.

ARTICLE 11 – VISIOMED’S RESPONSIBILITY – GUARANTEES PROVIDED BY VISIOMED

11.1- Responsibility

 

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:

 

  • Any indirect damage that could be suffered by them, including any losses of profit (either direct or indirect), any losses of clientele or commercial reputation, or any losses of data;
  • Any loss or damages they could suffer as a result of the trust granted to the exhaustiveness and accuracy of the information provided through the BW Check-up Service;
  • Any change VISIOMED could make relatively to the BW Check-up Service or to the Platform. In general terms, any permanent or temporary withdrawal in the offer of BW Check-up Service;
  • Generally, the access, the use or the impossibility to access or use the BW Check-up Service or to the Platform.

 

11.2- Guarantees

 

  • USERS UNDERSTAND AND ACCEPT THAT:
  • PLATFORM AND / OR THE BW CHECK-UP SERVIC ARE PLACED AT THEIR DISPOSAL “AS IT IS”. ALSO VISIOMED CAN NOT GUARANTEE THE CONSEQUENCES OF THE USE OF THE PLATFORM AND/OR THE BW CHECK-UP SERVICE AND/OR THE SERVICES SUPPLIED BY MIS;
  • IN PARTICULAR, VISIOMED DOES NOT GUARANTEE:
  • THAT THE INTERMEDIATION SERVICE AND/OR THE SERVICES OFFERED BY MIS CORRESPOND TO THE EXPECTATIONS AND/OR THE REQUIREMENTS OF THE USER;
  • THAT THE PLATFORM AND/OR THE BW CHECK-UP SERVICE CORRESPOND TO THE REQUIREMENTS OF USERS AND WILL PROVIDE THEM WITH THE RESULTS EXPECTED;
  • THAT THE PLATFORM AND/OR THE HEALTHCARE APPLICATIONS WILL CONTINUOUSLY FUNCTION IN A SECURISED WAY OR WITHOUT OPERATIONAL ERRORS;
  • THAT ALL SERVICES’ QUALITY, NOTABLY THE RESULTS OBTAINED VIA THE PLATFORM AND/OR THE BW CHECK-UP SERVICE WILL MATCH THE USERS’ EXPECTATIONS;

 

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.

ARTICLE 12 – COMPLAINTS

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: support@visiomed-lab.fr. 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).

ARTICLE 13 – INTELLECTUAL PROPERTY

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.

ARTICLE 14 – PRIVACY – PERSONAL DATA PROTECTION

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: contact@visiomed-lab.fr.

 

For more information, Users are invited to consult the “Privacy Policy”.

ARTICLE 15 – DIVERS

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.

ARTICLE 16 – APPLICABLE LAW

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.