TERMS OF SERVICE
These terms of Service (‘Terms of Service’) are applicable to any and all Services delivered by Wisdoc to the User and any and all usage by the User of the Application, Website and/or Platform.
ARTICLE 1 – DEFINITIONS
As used in these Terms of Service, the terms set forth in this Article 1, and any term defined in the body of these Terms of Service, will have the meaning ascribed thereto:
“Application” means the web application or mobile application licensed to the User for use of the Platform.
“User Data” means all personal data provided by the User to Wisdoc upon registration on the Platform and upon use of the Platform, Application and Services.
“Domain Name” means the domain name specified for the Website by Wisdoc: wisdoc.com, wisdoc.co, wisdoc.eu, wisdoc.be and wisdoc.fr.
“Failure” means a failure of the Services, or any portion thereof, to conform to, operate, function or perform in accordance with any specifications given by Wisdoc, and/or to meet the applicable representations, warranties and covenants set forth herein.
“Intellectual Property Rights” means any and all now known or hereafter known tangible or intangible (a) rights associated with works of authorship throughout the universe, including but not limited to copyrights, moral rights and mask-works, (b) trademarks and trade name rights and similar rights, (c) trade secret rights, (d) patents, designs, algorithms and other industrial property rights, (e) all other intellectual and industrial property right (of every kind and nature throughout the universe and however designated) (including logos, “rental” rights and rights to remuneration), whether arising by operation of law, contract, license, or otherwise, and (f) all registrations, initial applications, renewals, extensions, continuations, divisions or reissues hereof now or hereafter in force (including any rights in any of the foregoing).
“Legal Requirements” means all laws, ordinances, rules, regulations, orders and requests of federal, state, and other governmental or regulatory authorities.
“Medical Information” means all medical information provided by the User to Wisdoc and/or other users of the Platform according to the informed consent form accepted by the User upon registration on the Platform.
“Wisdoc” means WISDOC SCRL, established at 236B Avenue de la Couronne, 1040 Brussels (Belgium), incorporated in Belgium and registered at BCE under the number 0649.661.557;
“Platform” means a set of APIs and services (such as content) that enable others to retrieve data from Wisdoc or provide data to Wisdoc.
“Services” means all services, products, web and/or mobile applications, software, the Platform, made available to the User by Wisdoc.
“User” means the person registering onto the Platform and using the Application and Website.
“Website” means the user interface, functionality and content made available under the Domain Name by Wisdoc.
ARTICLE 2 – SCOPE OF THE SERVICES
1. Wisdoc will provide and make available the Services to the User in accordance to these Terms of Service. Wisdoc shall comply with any and all obligations and specific requirements agreed between Parties, notwithstanding any limitations mentioned in these Terms of Service.
2. Wisdoc will provide a point of contact via an e-mail address for any problems or questions concerning the use and functions of the Services.
ARTICLE 3 – OWNERSHIP
1. Wisdoc is the sole owner of all Intellectual Property Rights related to the Website, Platform and Application.
2. Wisdoc grants the User a non-exclusive license to the use of the Platform and Application related to the Services, however solely for the use of the Services. Users may only use the Website, Platform and Application for personal and non-commercial use and all information and data provided by Wisdoc, the User and other users may only be reproduced or printed for such use.
3. Users give Wisdoc the non-exclusive right to use information and data posted on the Website, Application and Platform and to reproduce and/or print such information and data for all purposes mentioned in these Terms of Service and with the limitations of these Terms of Service without such usage giving right to any compensation.
4. Posting hyperlinks to the Website, Application or Platform is prohibited without the prior written consent of Wisdoc. The Website, Application and Platform may provide access to other websites, but Wisdoc cannot be liable for visiting or using these websites by Users.
5. It is strictly forbidden to reproduce, copy or use the database(s) developed by Wisdoc and put online onto the Website, Platform and/or Application, other than for personal non-commercial use by the User of the Platform.
ARTICLE 4 - REGISTRATION
1. The User is required upon registration to provide all requested User Data and the User acknowledges that all User Data is correct and the User commits to:
- not provide any false information on Wisdoc or create an account for anyone other than the User without permission.
- not create more than one personal account.
- not use any account for commercial gain.
- keep all User Data accurate and up-to-date.
- not share any password or let anyone else use or access the personal account of the User.
Wisdoc is neither responsible nor liable for any User Data provided by the User or any consequence of such User Data. Registration is only final upon acceptance by the User of these Terms of Service and the informed consent form.
2. Upon registration the User will receive confirmation of such registration by email within 24 hours of the registration.
3. Users must carefully protect their user name and password and it is strictly forbidden to have their account accessed or used by third parties. Wisdoc may assume that any action done via the account of a User are actions of this User and Wisdoc disclaims any liability with regard to actions done by third parties following theft of identity, theft of password or the hacking of an account.
ARTICLE 5 – APPLICATION
1. Wisdoc will provide and make available to the User the Application in accordance with these Terms of Service. Wisdoc however does not guarantee that the Website, Platform and Application will be accessible without any interruption or malfunction.
2. The User is solely responsible for all equipment, hardware, software and other resources necessary for the use of the Application and Wisdoc’s provision of the Services under these Terms of Service.
3. The Services and Application provide links to other sites and resources on the internet. The User acknowledges that Wisdoc has no control over such sites and resources and that Wisdoc is neither responsible nor liable for any content, advertising, products or other materials on or available from such sites or resources.
ARTICLE 6 – CONFIDENTIALITY
1. “Confidential Information” means (i) Medical Information, (ii) all information marked as confidential or the like, or which, from the circumstances, should be treated as confidential by the receiving party.
2. Wisdoc will keep in confidence all Confidential Information of the User and will not directly or indirectly disclose to any third party or use for any purpose other than the performance of the Services, any Confidential Information it receives from the User. Wisdoc will use reasonable care to protect the User’s Confidential Information, but in no event less than the same degree of care it would employ with respect to its own information of like importance that it does not desire to have published or disseminated. Wisdoc will take all reasonable steps necessary to deal with User Data and Confidential Information as required by applicable Legal Requirements.
3. Wisdoc however disclaims any liability if Confidential Information or User Data is made public as a result of a fraudulent act (cyberattack, hacking, etc.) and is not liable for any loss of data.
ARTICLE 7 – REPRESENTATIONS AND WARRANTIES
1. Except as set forth in these Terms of Service, Wisdoc specifically disclaims all other warranties, express, implied or statutory, including but not limited to, fitness for a particular purpose. The User accepts that the use of the Services is done at the sole risk of the User and that the Services are provided on an ‘as is’ and ‘as available’ basis. Any material downloaded or otherwise obtained through the use of the Services is done at the discretion and risk of the User and the user is solely responsible for any damage to the computer system of the User and for the loss of data resulting from the download of such material.
2. User representations and warranties:
- The User represents to be eighteen (18) years of age or older and legally capable of concluding an agreement with Wisdoc for the Services and accepting the Terms of Service
- The User fully understands the content of the informed consent form accepted upon registration.
- The User represents that the use of the Services is not for any purpose that is unlawful or prohibited by the Terms of Service.
- The User agrees to comply with all local rules and Legal Requirements.
3. Wisdoc representations and warranties:
- In order to minimize the risk of viruses and other contaminants, to the extent Wisdoc uses or connects to third-party hardware, middleware, or software to provide the Services hereunder, Wisdoc shall promptly implement all patches, fixes and other advisories/change recommendations issued by any manufacturer of software, middleware, or hardware in Wisdoc's possession or control.
- Wisdoc shall use an external provider of hosting services to host the Website, Application and Platform and to provide the Services, whereby the liability of Wisdoc is limited on the basis of the terms of the Service Level Agreement of such external provider.
- The Services will be performed in a professional manner by qualified personnel or qualified agents and all reasonable measures will be taken to enable the Services to perform in accordance with any specifications given by Wisdoc.
ARTICLE 8 – LIMITATION OF LIABILITY
1. WISDOC DOES NOT CONTROL ANY ACTION OF THE USER ON THE PLATFORM OR ANY INFORMATION PROVIDED BY THE USER AND THEREFORE DISCLAIMS ANY LIABILITY WITH REGARD TO ANY SUC ACTION OR INFORMATION.
2. IN NO EVENT WILL WISDOC BE LIABLE FOR INCIDENTAL, INDIRECT, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES TO THE USER OR ANY OTHER PERSON OR ENTITY, ARISING UNDER OR RELATED TO THE AGREEMENT, EVEN IF WISDOC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ARTICLE 9 – INDEMNIFICATION
The User will defend, at its own expense, any claim or action brought against Wisdoc by a third party arising from (i) the use of the Services by the User (ii) any action of the User resulting from the Services (iii) User’s breach of any representations and warranties herein. The User further agrees that she or he will pay all sums which by judgment, decree or settlement may be assessed against Wisdoc in this respect. Wisdoc will give User (X) prompt notice of all such claims and of any suits brought or threatened against Wisdoc, provided that Wisdoc’s failure to provide such notice will not excuse User from its obligations, except to the extent User suffers actual provable damages because of such failure, and (Y) upon choice of User authority to assume the defence thereof through its own counsel and to compromise or settle any action, lawsuit or claim, and (Z) all available information and reasonable assistance by Wisdoc to do so.
ARTICLE 10 – TERM AND TERMINATION
1. The agreement between Wisdoc and the User regarding the Services will remain in effect until the User requests deletion of its account and removal of the User Data and Confidential Information (insofar possible according to the informed consent form), unless terminated earlier in accordance with the provisions of this Agreement. Wisdoc however has the right to terminate the agreement for justified reasons including but not limited to risk of bankruptcy, termination or modification of activities, merges or acquisitions by a third party, etc. after prior notification of 1 month.
2. If either Party commits a material breach of any of its duties or obligations under the Agreement or the Terms of Service, which breach is not cured within thirty (30) days after the breaching party receives written notice from the non-breaching party, specifying the breach, then the non-breaching party may, at its election, terminate the agreement on the date specified in such notice of termination. Parties agree that an infraction on article 4.1, 6 and 7.2 automatically constitutes a material breach of the agreement resulting to a right of termination of the agreement or immediate termination without the necessity of prior notice of default.
ARTICLE 11 - PRIVACY
1. The use of the Services, the Website, the Platform and/or the Application by the User implies an express agreement for the processing of all information provided by the User according to this article.
2. Any information provided to Wisdoc will be kept confidential and secure. We use the information you provide for the Services and the Platform. We do not sell, rent, or lease any information provided to third parties. In order to help provide our services, we occasionally provide information to other companies that work on our behalf. We do not share personally identifiable information with other companies, apart from those acting as our agents in providing our product(s)/service(s), and which agree to use it only for that purpose and to keep the information secure and confidential. Also, our parent, subsidiary and affiliate companies, entities into which our company may be merged, or entities to which any of our assets, products, sites or operations may be transferred, will be able to use personal information. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency's request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property. Users are entitled access to and, if required, may rectify incorrect details and have unlawfully processed data deleted. If you remove your account, Wisdoc will only publish anonymous recommendations and/or reviews given in the past without any reference to you as former user of Wisdoc.
3. Wisdoc may use User Data to post specific publicity to Users on the basis of the User Data.
ARTICLE 12 – GENERAL PROVISIONS
Governing Law. This Agreement will be construed, and the legal relations between the parties determined, in accordance with the laws of Belgium, without giving effect to any choice of law rules which may direct the application of the laws of any other jurisdiction. No suit or action arising under or with respect to this Agreement shall be brought unless instituted and maintained in the courts of Brussels (Belgium).
Severability Waiver. If any provision of this Agreement is held to be invalid or unenforceable for any reason, the remaining provisions will continue in full force without being impaired or invalidated in any way. The waiver by either party of a breach of any provision of this Agreement will not operate or be interpreted as a waiver of any other or subsequent breach. No failure by either party to exercise its rights under this Agreement will be deemed a waiver of such rights.
Survival. Any rights and obligations of the parties that contemplate performance or observance subsequent to termination or expiration of this Agreement will survive termination or expiration of this Agreement.
Assignment. The User may not assign the agreement with Wisdoc without the prior written consent of Wisdoc. Any display, distribution, license, publishing, reproduction, duplication, copy of any data or the Services and other without the prior written consent of Wisdoc is strictly prohibited.
Notice. All notices to Wisdoc required to be given under the terms of this agreement shall be in writing, shall be delivered via one of the following methods, and shall be deemed to have been received: (i) on the day given when delivered by hand (securing a receipt evidencing such delivery); or (ii) on the fifth day after such notice was e-mailed to Wisdoc on the e-mail address [email protected], or sent to the address of Wisdoc (WISDOC SCRL, 236B Avenue de la Couronne, 1050 Bruxelles, Belgium) by registered mail.
Modification of Terms of Service. Wisdoc has the right to modify the Terms of Service at any time and the User agrees that the new Terms of Service are applicable to all Services delivered after the modification and publication of the Terms of Service on the Website. Any such modification will be notified to the User and the User will then have the right to terminate the agreement if the modification is not accepted by the User. Wisdoc has the right to terminate the agreement in case the modification is not accepted by the User.