GENERAL TERMS AND CONDITIONS OF USE OF DEEPLINK MEDICAL SERVICES

DEFINITIONS

For the purposes of the General Terms and Conditions of Use, the terms below shall have the following meaning:

GTC means these general terms and conditions of use applicable to the Services.
Personal Data means any information relating to an identified or identifiable natural person; an identifiable person is any person who can be identified, directly or indirectly, in particular by reference to an identification number or to one or more factors specific to his/her physical, physiological, mental, economic, cultural or social identity.
Personal Health Data means any Personal Data of the User collected by a Health Professional in the course of prevention, diagnosis, care or social and medico-social monitoring activities and in particular in the context of the use of the Services.
Login details means the personal username associated with the User’s account as well as any confidential code or password issued to the User by DEEPLI NK MEDICAL and then modified by the User and allowing the User to identify himself/herself in order to access the Services.
Personal Data Regulation means both Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 applicable from 25 May 2018 (hereinafter, “the General Data Protection Regulation”) and the French Data Protection Act no. 78-17 of 6 January 1978, as amended by Act no. 2004-801 of 6 August 2004.
Stakeholders means both DEEPLINK MEDICAL and the Healthcare Professional and the Healthcare Institution.
Health professional means a professional working in the health sector, and who are featured on the Site.
Solution: means the Solution developed by DEEPLINK MEDICAL, configured, hosted, enhanced, if necessary, by specific developments. The solution is designed, developed, edited, maintained and made available to the Client.
User means any user of the Solution, whether a Health Professional User or a Patient User, who has Login Details authorising access to the Service by virtue of the right to use the Solution granted by DEEPLINK MEDICAL.

Unless otherwise stated in these GTC:

Once a word or phrase has a defined meaning, any other form of that word or phrase has a corresponding meaning;
Words in the singular include the plural and vice versa;
A reference to a document, standard, legislative provision, code or any other document implies any amendment or updating of that document, standard, legislative provision or code;
If a period of time is specified that goes back to a particular day or to the day of acceptance of the GTC this period of time shall be calculated as including that day.

LEGAL NOTICES

The site is developed by DEEPLINK MEDICAL, represented by Charles JOURNE, President, located at 22 rue Seguin, 69002 Lyon, France, registered in Lyon under number 803 476 761.

PURPOSE OF THESE GTC AND CURRENT VERSION

The purpose of these GTC is to define the conditions under which Users may access and use the Services.

Any User who accesses the Services offered by DEEPLINK MEDICAL undertakes to respect, without reservation, these GTC, supplemented, where applicable, by the STC. Users are notified of these STCs prior to the use of the Services for their express and prior acceptance.

If the User does not agree with all or part of the GTC, he/she is strongly advised not to use the solution and the Services.

DEEPLINK MEDICAL is free to modify these GTC at any time in order to take into account any legal, regulatory, jurisprudential and/or technical changes. All Users must therefore refer to the version available online at the time at which they access and use the Services.

The User is expressly informed that the only version of the GTC of the Services that is valid is the one that is online on the solution, which he/she acknowledges and accepts without restriction, undertaking to refer to it systematically each time he/she logs in.

INFORMATION, RESPONSIBILITIES AND GUARANTEES RELATING TO THE MEANS OF ACCESS TO THE SERVICES

DEEPLINK MEDICAL implements the means necessary for the proper functioning of the Services. DEEPLINK MEDICAL takes the necessary measures to maintain the continuity and quality of the Services.

The User acknowledges that his/her use of the Services is at his/her own risk. The Services are provided “as is” and are accessible without any guarantee of availability and regularity. DEEPLINK MEDICAL will however endeavour to make the Services accessible 24 hours a day, 7 days a week, except in the event of force majeure or an event beyond DEEPLINK MEDICAL’s control and subject to maintenance periods, possible breakdowns, technical hazards linked to the nature of the Internet network or acts of malicious intent or any damage to DEEPLINK MEDICAL’s hardware or software.

DEEPLINK MEDICAL cannot be held responsible for disruptions to the Internet network due to cases of force majeure within the meaning of the case law of the French Court of Cassation and due to maintenance operations on the Services planned by DEEPLINK MEDICAL. DEEPLINK MEDICAL shall also not be held responsible for the installation and operation of terminals used by the User to access the Services and not provided by DEEPLINK MEDICAL.

More generally, DEEPLINK MEDICAL may not be held responsible for any interruption of the Services, whatever the cause, duration or frequency of this interruption.

The transfer rates and response times of information from the DEEPLINK MEDICAL platform to the Internet are not guaranteed by DEEPLINK MEDICAL.

The User acknowledges that the speed of transmission of information does not depend on the Services offered by DEEPLINK MEDICAL, but on the characteristics inherent in electronic communications networks and the technical characteristics of his/her connection method (cable, ADSL, 3G, 4G etc.) and his/her Internet access.

DEEPLINK MEDICAL shall in no case be held liable for any indirect damage suffered by the User as a result of using the Services. Indirect damages are those which do not result exclusively and directly from the failure of DEEPLINK MEDICAL’s Services.

Furthermore, DEEPLINK MEDICAL cannot be held liable for acts performed by the User or a third party using the Services.

PRIOR INFORMATION ON SERVICES

The solution offers the User the option to: Manage a patient in a tele-radiology workflow.

INTELLECTUAL PROPERTY

The DEEPLINK MEDICAL Services and all the elements that comprise them up are, unless otherwise stated, the exclusive property of DEEPLINK MEDICAL. All trademarks and logos belonging to DEEPLINK MEDICAL may not be used by the User without the prior written consent of DEEPLINK MEDICAL.

Consequently, in application of the provisions of the Intellectual Property Code, the legislative and regulatory provisions of all countries and international conventions, any reproduction, distribution or representation, in whole or in part, of DEEPLINK MEDICAL’s Services or of any of the elements of which they are composed is prohibited, as is any alteration thereof. In this respect, the User is prohibited from adapting, arranging, modifying, correcting, combining, translating into any language or languages, placing on the market free of charge or for a fee, or marketing all or part of the Services provided by DEEPLINK MEDICAL or any of the elements of which they are composed, regardless of the means and medium. Nothing in the GTC shall be interpreted as an assignment of any intellectual property rights, whether by implication or otherwise.

PERSONAL DATA PROTECTION

PERSONAL DATA RELATING TO THE USER

DEEPLINK MEDICAL expressly invites the User to consult its policy relating to the confidentiality of personal data which is an integral part of these GTC.

COOKIES AND IP ADDRESS

DEEPLINK MEDICAL expressly invites the User to consult its policy relating to the confidentiality of personal data which is an integral part of these GTC.
DEEPLINK MEDICAL may share the IP address of the User at the request of the legal authorities so that the User can be identified in cooperation with his/her Internet access provider.

FORCE MAJEURE

Force majeure occurs when an event beyond the control of the defaulting party, which could not reasonably have been foreseen at the time of acceptance of the GTC and the effects of which cannot be avoided by appropriate measures, prevents the defaulting party from fulfilling its obligation.

Force majeure suspends the obligations of the party concerned for the duration of the force majeure if the event is temporary. Nevertheless, the Parties shall endeavour to minimise the consequences as far as possible.

Failing this, if the impediment is definitive, the parties shall be released from their obligations under the conditions set out in Articles 1351 and 1351-1 of the French Civil Code.

EVIDENCE AGREEMENT

Messages received by fax or electronically and more generally electronic documents exchanged between Deeplink Medical and the User are original writings within the meaning of Article 1366 of the French Civil Code, i.e., these have the same value as that given to the original. Faxes or electronic writings should be stored in such a way that they can be considered as faithful and durable copies within the meaning of Article 1379 of the French Civil Code.

WAIVER

The fact that one or other of the Parties does not avail itself of one or more of the provisions of the GTC shall in no way imply a waiver by that Party of its right to avail itself of such provision at a later date.

PARTIAL NULLITY

If any provision of the GTC is unenforceable for any reason, including applicable law or regulation, the parties shall remain bound by the remaining provisions of the GTC and shall endeavour to correct the unenforceable provision in the same spirit in which it was concluded.

APPLICABLE LAW AND JURISDICTION

The User is informed that the Site is intended for users residing in France and is subject to French law. Therefore, by browsing the Site or using the services of DEEPLINK MEDICAL, the User is subject to French law.

Any difficulties relating to the validity, application or interpretation of the GTC shall be submitted, in the absence of amicable agreement, to the Tribunal de Grande Instance de Paris, to which the Parties attribute territorial jurisdiction, regardless of the place of performance or the domicile of the defendant. This attribution of jurisdiction also applies in the event of summary proceedings, multiple defendants or a guarantee claim.