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TERMS OF USE


 * TABLE OF CONTENTS

 *  
 * 1 Application of the Terms of Use
 * 2 Definitions
 * 
 * 3 Object of the agreement
   * Description of Helena services
   * Scope of the Platform and/or services
   * Purely a tool
 * 4 Account and Access
   * Creation of patient account
   * Access by the Healthcare Provider
   * Mandates
 * 5 Your obligations as a User
   * General
   * Safety measures
   * General security measures (non-exhaustive list)
 * 6 Acceptable use
   * Prohibited and unacceptable use
   * Excessive and unreasonable use
 * 7 Intellectual property rights and confidentiality
   * Intellectual property rights
   * Confidentiality
 * 8 Processing of personal data
   * Processing responsibility of Healthcare Provider
   * Processing responsibility of HealthConnect
   * Joint processing responsibility of the Healthcare Provider and
     HealthConnect
   * DPO HealthConnect
   * Use of anonymous or non-personally identifiable data
 * 9 Liability
   * Unlawful restrictions or exclusions
   * Resource commitment
   * Personal liability
   * Total liability
   * Damage limitation obligation 
   * Third-party recovery
   * Limitation period for compensation claims
   * Notice of default
 * 10 Duration and termination
   * Entry into force and initial duration
   * Termination or suspension by HealthConnect
   * Termination by the User
   * Termination due to death of the User
   * Termination by operation of law
   * Commitments after termination
 * 11 Other provisions
   * Correspondence
   * Consultation
   * Some conditions of use
   * Nullity
   * Changes
 * 12 Applicable law and territorial jurisdiction


1 APPLICATION OF THE TERMS OF USE

1.1. These Terms of Use apply to any use of the online Platform, including
updates, permitted for the User by HEALTHCONNECT NV, with its registered offices
at Luchthavenlaan 25A, 1800 Vilvoorde, company number 0824.627.583 (hereinafter
referred to as "HealthConnect"). HealthConnect and the User are hereinafter
referred to jointly as 'the Parties' or individually as 'the Party'.

1.2. The User expressly and unreservedly agrees to the entirety of these Terms
of Use, as well as to any changes thereto, by clicking an acceptance button in
the Platform or solely through use of the Platform, a part of the Platform or an
update of the Platform (hereinafter referred to as 'Acceptance').


2 DEFINITIONS

User A registered user of the Platform, such as a Patient and/or their Mandate
Holder. CSAM CSAM is the government access portal that provides a comprehensive
solution for all aspects of identity and access management for online government
services. Digital key With a 'digital key', you can securely log on to online
services of the Platform and the government through CSAM.  itsme account Your
personal user account that allows you to use the itsme App (a Digital Key) (more
info via itsme®). Patient A person in need of care (including their legal
representative) who enjoys the care and/or supervision of the Care Provider.
Platform The online Helena platform used by the User. Mandator A User who grants
a mandate to another User. Mandate holder A User who receives the mandate and is
granted access to the medical documents within the Platform on behalf of the
Mandator. Confidential information Any proprietary or confidential knowledge and
information that the User obtains, has obtained or may obtain as a result of, or
in the context of, their relationship with HealthConnect and the use of the
Platform, concerning HealthConnect and/or its sister, parent and/or subsidiary
companies, if any, such as information relating to operations, strategic
planning, research and development activities, current or planned projects,
product designs, trade secrets, patents, patent rights, inventions, technology,
copyrights, software, improvements, applications, processes, services, cost and
pricing policies, contact lists of that other party, including (i) information
in the form of diagrams, schedules, notices, scientific data and memoranda, and
(ii) information concerning methods, know-how and techniques. Confidential
Information also includes information relating to competing companies. Care
provider The doctor, medical professional, healthcare provider or healthcare
institution that provides or has provided medical care or assistance to the
Patient and with which the Patient has a therapeutic relationship, within the
meaning of the Law of 22 August 2002 on Patients' Rights (including implementing
decrees).


3 OBJECT OF THE AGREEMENT


DESCRIPTION OF HELENA SERVICES

3.1. The Platform (or 'Helena') gives the User access to their medical data and
helps the User to communicate securely, personally and easily with their
Healthcare Providers.

3.2. The Platform offers the User the following services, without prejudice to
any future extensions or limitations of the Platform:

 * Receipt of medication prescriptions from Healthcare Providers
 * Viewing of medical certificates (such as COVID-safe certificates)
 * Receipt of laboratory and test results from Healthcare Providers
 * Receipt of medical documents (such as referral letters, medical reports or
   medical certificates) from Healthcare Providers and forwarding of these to
   healthcare providers
 * Receipt of personal messages from Healthcare Providers
 * Receipt of medical summaries (such as medication schedules, medical record
   summaries or summaries of vaccinations administered) from Healthcare
   Providers
 * Participation in video consultations with Healthcare Providers
 * Reservation of products at the User's pharmacy
 * Formation of a care team
 * Recording of parameters (such as blood pressure, temperature, etc) and
   sharing these records with the Healthcare Provider.
 * Viewing overviews of pharmacy purchases

3.3. This service range may evolve. If a new service or function becomes
available, or if a service or function is no longer available or will not be
made available in the future (in its current form), HealthConnect will notify
the User of this. If this concerns a payment service or function, the impact of
this change, addition, limitation or discontinuation will be regulated in
accordance with the terms and conditions agreed between the User and
HealthConnect for that service or function.

HealthConnect cannot be held liable, nor shall it owe any compensation (for
damage) to the User, Patient or any third party for changing or discontinuing a
particular service or function.


SCOPE OF THE PLATFORM AND/OR SERVICES

3.4. The Platform's user interface is made available in Dutch, French and
English only.

3.5. HealthConnect grants the User a non-exclusive, personal, non-transferable
and non-sublicensable right to internal use of the Platform under the conditions
set out in these Terms of Use, to the extent that the User has created an
account in accordance with HealthConnect's instructions. 

3.6. HealthConnect provides central hosting for the Platform and uses a hosting
provider for this purpose.

3.7. In the event of questions or problems with the installation or use of the
Platform, the User shall first visit HealthConnect's website (including:
'Helena, frequently asked questions') or shall check the Platform's user
information or manual (the latest version of which can always be consulted on
the Platform) to see whether these already contain an answer or solution. If
not, the User can contact us at info@helena.care.

3.8. HealthConnect remains the administrator of the Platform at all times. The
Healthcare Provider does not have the right to oppose the linking or display of
communications or the sharing of documents by/with other Healthcare Providers
within the User's account, if the User has requested this. In accordance with
the terms of use of the Platform, other Healthcare Providers may also always
communicate with the User themselves or make medical documents available to the
User in question. 

3.9. Except for the software and software services provided for in these terms
of use, HealthConnect does not provide Users with hardware (e.g.: PCs, GSM) or
other (third-party or in-house) software (e.g. MS Windows, MS Office,
TeamViewer, Medserve/Mediring or other mail services). HealthConnect is also not
responsible for the installation of hardware or other software, the maintenance
of hardware or other software or for solving problems with cabling or hardware
(e.g. PCs, GSM, backup systems or Internet access), for problems related to
hardware or other software or for problems with software that interferes with
the Platform (e.g. anti-virus programmes).

3.10. In principle, the use of the Platform is free of charge for the User,
without prejudice to the fee(s) that the Patient must pay to third parties for
hardware and software necessary for the operation of the Platform. In the free
version of the Platform, documents and other communications relating to the
patient remain available on the Platform for a limited period following receipt
in accordance with the Helena privacy statement and with Article 6.3 et seq. of
these Terms of Use.

HealthConnect will indicate which services or functions may be made available to
the User for a fee. The User is free to use or not to use the paid services or
functions. These services will be made available to the User in accordance with
the conditions applicable to those services or functions, which will always be
communicated to the User in advance.


PURELY A TOOL

3.11. The Platform and its elements are provided by HealthConnect only as an aid
to proper and efficient professional practice by the Healthcare Provider, and
for access to the medical data and communication with the Healthcare Provider by
the User. The User acknowledges and accepts that the Healthcare Provider remains
personally responsible at all times for the medical treatment of the Patient
according to the rules of the art, including making timely and correct
diagnoses, correct and responsible prescription of medicines, medical devices or
other products, monitoring of interactions and the associated interpretations,
medical follow-up of the Patient, the continuity of his/her treatment, etc. The
User further acknowledges and accepts that this tool can in no way replace the
professional knowledge, the need for further training and the professional
vigilance of the Healthcare Provider.

3.12. HealthConnect acts purely as a facilitator and bears no responsibility
for, among other things, the legality and accuracy of patient data recorded in
Helena.


4 ACCOUNT AND ACCESS


CREATION OF PATIENT ACCOUNT

4.1. Users can identify themselves on the Platform with their personal eID card
or an itsme account, after creation of a patient account. The User may register
after initial identification on the Platform, whether or not after
pre-registration via the Healthcare Provider. In the latter case, the Healthcare
Provider is responsible for correctly registering a new Patient or their legal
representative.


ACCESS BY THE HEALTHCARE PROVIDER

4.2. The Healthcare Provider has obtained valid permission from the Patient to
access the Patient's record (and medical records) on the Platform. In such a
case, the Healthcare Provider ticks the Patient's consent to view the patient
data through Helena. The Healthcare Provider should verify the consent, as well
as the other registration details, with the Patient (and, if applicable, the
Mandate Holder).
4.3. A Healthcare Provider can only access the content that they themselves have
added to Helena and the content in Helena that is specifically addressed to that
Healthcare Provider, and only to the extent that the Healthcare Provider has a
valid account on Helena in accordance with the Terms of Use for Healthcare
Providers (see Helena Professional).
4.4. In Helena, the User can always block ('revoke consent') a Healthcare
Provider at their own risk and under their own responsibility, as a result of
which the Healthcare Provider can no longer access the content and health data
related to the Patient in Helena.


MANDATES

4.5. Through Helena, a Mandator can grant a mandate to the Mandate Holder so
that this person can, on behalf of the Mandator, view and follow up on the
Mandator's medical documents. Where appropriate, the mandate may be granted via
the Healthcare Provider (e.g. if the Mandator is a minor under 12 years of age),
in which case the Healthcare Provider records this in the Platform. In the
latter case, the Healthcare Provider is responsible for verifying the Mandator's
consent to a mandate. HealthConnect has no obligation to verify the validity of
the mandate and the consent on the part of the Mandator.


5 YOUR OBLIGATIONS AS A USER


GENERAL

5.1. The User must use the Platform's services in accordance with these Terms of
Use. In particular, the User will respect the rules on acceptable use of the
Platform (in accordance with Article 6).

5.2. Specifically with regard to the eID card and itsme account, the User hereby
confirms that they are the rightful holder and the only party with access to the
relevant login options. The User acknowledges that they hold sole responsibility
for accessing their eID card and/or itsme account and that they agree that
neither HealthConnect nor its subcontractors are responsible for verifying the
connection between the User and their eID card and/or itsme account.

5.3. If a User can no longer log in to the Platform, or if they suspect
unauthorised use of their account, they should complete the contact form in
'Helena, frequently asked questions'.

5.4. The User is obliged to regularly check the identification details and
documents displayed on the Platform, with due care. 

5.5. The User undertakes to accept without delay any update necessary to enable
the proper functioning of the Platform.


SAFETY MEASURES

5.6. The User is responsible for appropriately securing his user account and the
associated login options. 

5.7. The User is responsible for all activities carried out with their user
account. 


GENERAL SECURITY MEASURES (NON-EXHAUSTIVE LIST)

5.8. The User must at least observe the following non-exhaustive list of
measures:

 * Secure access to the mobile device used for two-step verification, by
   securing it (e.g. with a security code, touch ID or pattern). That device or
   security method should never be shared with others
 * Use antivirus, anti-malware and firewall software
 * Keep operating systems and software up to date and authentic
 * Use secured (Wi-Fi or mobile data) internet connections
 * Take care with attachments to incoming e-mails and guard against phishing. 


6 ACCEPTABLE USE

6.1. The User will use the Platform as a normal and prudent, reasonable person.
In this context, the User undertakes to scrupulously follow the instructions of
HealthConnect, and to refrain from using the Platform for purposes deemed to be
unlawful, unreasonable or illegal.

If the User (or a third party, on the instructions of the User) disregards this
Article 6 or other instructions from HealthConnect regarding acceptable use,
HealthConnect may terminate or suspend the User's right of use in accordance
with Article 10.2 of these Terms of Use, with no compensation being due to the
User. The above is without prejudice to HealthConnect's right to claim
compensation from the User (or a third party) for damage resulting from
unlawful, unreasonable or illegal use (in accordance with Article 9).

If the User has any questions regarding (acceptable) use of the Platform, they
can always consult HealthConnect's website, or contact HealthConnect via the
contact form under 'Helena, frequently asked questions'.


PROHIBITED AND UNACCEPTABLE USE

6.2. HealthConnect encourages Users to use the Platform in a normal manner for
the purposes for which it is intended (see article 6.1), and to avoid any
deviant, unreasonable or exceptional behaviour. Users may not, therefore, use
the Platform or instruct third parties to use the Platform (to transmit,
distribute or store material) in a manner that, in HealthConnect's view,
(non-exhaustively):

 * makes modifications or changes to, or otherwise creates derivative works
   from, the Platform;
 * amounts to reverse-engineering of the Platform, or similar (in accordance
   with Article 7.4);
 * accesses or uses the Platform in a manner intended to avoid paying any fees
   or charges or to exceed usage limits;
 * should be considered abusive, deceptive, false, fraudulent, pornographic,
   obscene, defamatory, offensive or otherwise inappropriate;
 * constitutes an infringement of HealthConnect's intellectual property rights;
 * constitutes a breach of the General Data Protection Regulation (GPR) (or
   other applicable data protection legislation);
 * advocates or incites illegal activities;
 * may be regarded as stalking, harassment, bullying or causing harm to a
   person;
 * harms the rights of third parties (including privacy rights, intellectual
   property rights, etc);
 * interferes with or adversely affects the Platform or its use by other Users
   or by the Healthcare Provider;
 * intentionally disrupts the proper functioning of the Platform;
 * uses means (manual or electronic) to circumvent usage restrictions placed on
   a system, such as access and storage restrictions;
 * uses any high-volume automated means (including robots, spiders, scripts or
   similar data collection or extraction methods) to access the Platform and any
   other accounts, computer systems or networks connected to it;
 * constitutes a denial-of-service attack;
 * may generally be regarded as abnormal use of the Platform.


EXCESSIVE AND UNREASONABLE USE

6.3. Notwithstanding the above, the User acknowledges that any use that
overloads or unreasonably burdens (the infrastructure of) the Platform will be
regarded as unreasonable use of the Platform. 

6.4. In that context, the User acknowledges, inter alia, that the use of the
Platform is subject to certain usage and storage restrictions. The available
storage space is carefully determined by HealthConnect, taking into account and
in the function of (i) the carrying capacity and speed of the infrastructure on
which the Platform operates; (ii) applicable technical standards (regarding
security, availability, reliability, etc); (iii) the optimal interoperability of
the Platform with third-party infrastructure (such as Healthcare Providers);
(iv) the retention periods, as contained in the Privacy Statement on Helena; and
(v) what can be regarded as normal and standard usage within the industry. It is
the User's responsibility not to overload the Platform, for example by
periodically deleting historical data. Exceeding the available storage space is
regarded as excessive and unreasonable use of the Platform by the User.

6.5. If the User has (almost) reached the maximum of the available storage
space, HealthConnect reserves the right to delete the User's data itself, in
order of seniority (i.e. historical and oldest data will be deleted first). Such
action is necessary to ensure further optimal use of the Platform (including the
ability to access data in a timely and up-to-date manner). HealthConnect will
notify the User in advance of the fact that the maximum available storage space
has been or has almost been reached and that, as a result, HealthConnect will
delete data of the User. 

6.6. In that case, HealthConnect cannot be held liable for the loss of data and
medical data as a result of such excessive and unreasonable use of the Platform
by the User, or for the subsequent corrective measures taken by HealthConnect.


7 INTELLECTUAL PROPERTY RIGHTS AND CONFIDENTIALITY


INTELLECTUAL PROPERTY RIGHTS

7.1. All intellectual property rights on the Platform or in any of its
components (including user manuals and other accompanying documents), including
patents, copyrights, trademarks and rights with respect to design, as well as
all registrations, registration applications, renewals, extensions, divisions,
improvements or reissues relating to these rights, are held exclusively by
HealthConnect or its licensors. Nothing in these Terms of Use shall lead to the
transfer of intellectual property rights of HealthConnect or its licensors to
the User.

7.2. The User will only use the Platform (including the user manuals and other
accompanying documents) for the purposes of these Terms of Use and will not make
the Platform available to other (third-party) persons in any way whatsoever,
directly or indirectly, free of charge or for a fee.

7.3. The User may copy user manuals and other documents relating to the Platform
only if this is necessary for the proper use by the User or for back-up
purposes, and only to the extent that the copyright and proprietary notices
indicated on the copies provided by HealthConnect or its licensors are displayed
in full in the copies, in the same place and form. The User shall not remove,
alter or conceal the copyright and ownership notices present.

7.4. The User shall not re-engineer, reverse engineer, decompile or in any way
attempt to derive the source code of the Platform. The User shall not modify or
adapt the Platform or base any derivative works on the Platform, nor shall the
User instruct third parties to do so. The foregoing applies without prejudice to
Article 6.2.

7.5. The User shall not develop any computer programmes, platforms, software or
any other digital content or service that in any way infringes the intellectual
property rights of HealthConnect (or HealthConnect's user licensors), nor shall
the User authorise third parties to do so.

7.6. Without prejudice to HealthConnect's right to prove higher damages and
claim the cessation of violations of these Terms of Use, a User who makes the
Platform available to other parties shall pay damages equal to €10,000 per
illegal copy and per violation of this Article 7, multiplied by the number of
years that the violation persists.


CONFIDENTIALITY

7.7. The User acknowledges that the Confidential Information is strictly
confidential and of a secret nature. Without prejudice to Article 8 of these
Terms of Use or any statutory obligation, the User undertakes not to use or to
permit the use, further processing, disclosure, transfer or disclosure in any
way of any Confidential Information, irrespective of the importance of such
Confidential Information, either directly or indirectly, in whole or in part,
irrespective of the circumstances and for any purpose or reason whatsoever,
unless this would be necessary for the use of the Platform in accordance with
these Terms of Use. The User also undertakes not to allow any third-party access
to Confidential Information in violation of the provisions of the previous
sentence. The User undertakes to take all possible steps to ensure that any of
their agents, assistants or appointees are bound by the same duty of
confidentiality.

7.8. Confidential Information does not include information that:
 * has been expressly classified as non-confidential by the party to which it
   relates – either HealthConnect or its sister, parent and/or subsidiary
   companies, if any;
 * is or becomes common knowledge without any action by the User or persons
   acting on behalf of the User;
 * the User, as evidenced by a written document, has lawfully obtained from
   another source, with no breach of confidentiality between the source and the
   party to which the information relates, – either HealthConnect or its sister,
   parent and/or subsidiary companies, if any;
 * as evidenced by a written document, was known to the User before the date on
   which it was received from or through the party to whom it relates – either
   HealthConnect or its sister, parent and/or subsidiary companies, if any – and
   which is not subject to any other restrictions on disclosure or use;
 * involves personal data, the processing of which is already regulated within
   the scope of the GDPR.


8 PROCESSING OF PERSONAL DATA


PROCESSING RESPONSIBILITY OF HEALTHCARE PROVIDER

8.1. For the processing of the Patient's medical data in relation to the
healthcare and of any other data that the Healthcare Provider adds to Helena on
its own initiative for the purpose of providing medical assistance, care and
therapeutic treatment, the Patient's Healthcare Provider acts as a data
controller within the meaning of the GDPR. 

The Healthcare Provider has acknowledged and accepted that it will process such
data in accordance with all applicable laws and regulations and will comply with
all its legal obligations as the data controller of such data, including but not
limited to ensuring the legitimacy (including obtaining data subjects' consent
where necessary) and proportionality of the data processing, informing the
Patient of such data processing and dealing with all requests from data subjects
and/or other regulatory authorities regarding the data processing.

8.2. HealthConnect, as a processor, will refer Users who address questions or
comments to HealthConnect regarding the processing of personal data referred to
in Article 8.1 to their Healthcare Provider (the Controller).


PROCESSING RESPONSIBILITY OF HEALTHCONNECT

8.3. In connection with the use of the Platform, HealthConnect will process
personal data of the User (for purposes other than those stated in Article 8.1),
including for the management of Helena accounts and the general operation of the
Platform. In this context, HealthConnect acts as the data controller, within the
meaning of the GDPR. 

8.4. For more information on what data HealthConnect processes, why
HealthConnect does this, to which third parties HealthConnect may transfer these
data and what rights HealthConnect has over your personal data, HealthConnect
refers you to its Privacy Statement, which you can always find at Helena.


JOINT PROCESSING RESPONSIBILITY OF THE HEALTHCARE PROVIDER AND HEALTHCONNECT

8.5. In well-defined cases, the Healthcare Provider and HealthConnect act as
joint data controllers within the meaning of the GDPR for the processing of
personal data of the Patient in the context of the Platform (e.g. regarding the
communication between the Patient and the Healthcare Provider on the Platform).
For more information, consult the Privacy Statement at Helena.

In that case, the Healthcare Provider and HealthConnect agree that they will
process such personal data in accordance with this Article 8 and all applicable
Belgian data protection laws and regulations, and that they will comply with
their legal obligations as joint controllers of such data, including, but not
limited to, ensuring the legitimacy (including the Healthcare Provider obtaining
the Patient's consent where necessary) and the proportionality of the data
processing, informing the Patient about such data processing and dealing with
all requests from data subjects and/or other regulatory authorities regarding
the data processing.


DPO HEALTHCONNECT

8.6. If the User has questions or wishes to exercise their rights under the
GDPR, they can also always contact HealthConnect's DPO: qc@corilus.be. 


USE OF ANONYMOUS OR NON-PERSONALLY IDENTIFIABLE DATA

8.7. HealthConnect has the right to access and use anonymous or non-personally
identifiable data that it holds with regard to the User. This data will in no
way identify or be able to identify the Patient, the User or any other person.

8.8. HealthConnect may use this aggregated, non-personally identifiable data to:

 * help it to better understand how Users use the Platform;
 * improve HealthConnect's business productivity;
 * improve the software;
 * offer or develop additional services.


9 LIABILITY


UNLAWFUL RESTRICTIONS OR EXCLUSIONS

9.1. These Terms of Use are not intended to limit or exclude HealthConnect's
potential liability pursuant to death or personal injury caused by negligence or
in the case of intent, nor to limit its liability in any other way if it cannot
be limited or excluded pursuant to a legal provision.


RESOURCE COMMITMENT

9.2. HealthConnect's commitments are resource commitments. This means that
HealthConnect will always endeavour to carry out undertakings to the best of its
ability and according to the rules of the art in IT practice, without, however,
being able to guarantee the result. 

The Platform is therefore made available to the User 'AS-IS'. HealthConnect thus
ensures that the Platform functions substantially, without however guaranteeing
the faultlessness of, inter alia, the (underlying) computer programme, software,
source code or user manual. The User thus acknowledges and accepts that the
Platform can never be completely perfect or free of imperfections and that not
all imperfections can or will be corrected.

The User acknowledges and accepts that HealthConnect issues no guarantees
regarding the accuracy, integrity, quality and availability of data on the
Platform. 


PERSONAL LIABILITY

9.3. Each Party can be sued only for the damage that it has caused itself, or
that can be attributed to that Party's negligence. Any liability 'in solidum' is
excluded.

9.4. The User indemnifies HealthConnect against all damage arising from the
User's liability, including damage to HealthConnect due to use of the Platform
in violation of these Terms of Use. 


TOTAL LIABILITY

9.5. The total liability of HealthConnect on account of an attributable failure
to comply with these Terms of Use, or on any other legal grounds, is limited to
compensation for the direct and proven damage suffered by the User and can in no
case exceed an amount of €10,000 per occurrence and per calendar year. For the
purposes of this Article, a series of related facts shall be treated as a single
occurrence. The provisions of this Article are without prejudice to any other
limitation or exclusion of liability provided for elsewhere in these Terms of
Use.

9.6. Regardless of the nature of the act, HealthConnect shall in no case be
liable for:

 * damage related to the use of third-party items, materials or software
   prescribed by HealthConnect to the User;
 * damage in connection with the engagement of suppliers prescribed by
   HealthConnect to the User;
 * compensation for loss of savings or profits, or any other form of indirect,
   incidental or consequential loss, regardless of the nature of the act;
 * damage related to the inaccuracy or incompleteness of Patient or User data;
 * damage related to the User's unauthorised use of the Platform;
 * damage related to acts or omissions of the Healthcare Provider (including but
   not limited to unauthorised or unlawful use of the Platform, medical
   treatment, failure to respect the HealthConnect user guide, unauthorised
   sharing of the Patient's health data, etc).

The provisions of this Article apply even if HealthConnect was notified of the
possibility of such damage arising.

9.7. Without prejudice to the other provisions of these Terms of Use excluding
the liability of HealthConnect, the latter is in no case liable for damage of
any kind suffered by the User (or third parties):

 * relating to the functioning or non-functioning of the User's software,
   hardware or Internet connection;
 * relating to the use of the Platform in any way that does not conform to
   HealthConnect's Terms of Use or guidelines;
 * arising from the addition of a new service or feature, or the modification,
   discontinuation or limitation of a service or feature on the Platform (see
   paragraph 3.3);
 * relating to the loss of data following the termination of the User's access
   to the Platform due to unacceptable, unreasonable or unlawful use of the
   Platform by the User (see Article 6.1);
 * relating to the loss of data due to the deletion of such data by
   HealthConnect in the event of excessive use of the Platform by the User (see
   paragraph 6.2) and/or to
 * force majeure (see Article 10.3).


DAMAGE LIMITATION OBLIGATION

9.8. The User undertakes to take the necessary measures to limit the damage as
far as possible and to inform HealthConnect and transfer information about this
without delay.


THIRD-PARTY RECOVERY

9.9. HealthConnect is not obliged to pay compensation for damage if the User has
a right to claim against third parties (whether a legal right or a right based
on an insurance policy or other agreement) with regard to the harmful occurrence
or the compensation due, and that third party has also paid effective
compensation, or if the User would have had such a right to claim but did not
exercise this.

9.10. The amount of compensation HealthConnect is obliged to pay the User will
in any event be reduced by the net amount of compensation that the User receives
from any third party (including an insurer) in respect of the damage.


LIMITATION PERIOD FOR COMPENSATION CLAIMS

9.11. Except for mandatory legal provisions to the contrary, all claims for
damage shall be time-limited solely by the expiry of a period of two years from
the earlier of a) the date of the termination of the User's right of use
(irrespective of the method of termination) or b) the moment when the occurrence
causing the loss, cost or damage first occurs. This Article does not apply to
claims for damage for alleged infringement of intellectual property rights.


NOTICE OF DEFAULT

9.12. Any notice of default must be issued in writing and contain as complete
and detailed a description of the possible default as possible, so that the
defaulting Party has the opportunity to take adequate action.


10 DURATION AND TERMINATION


ENTRY INTO FORCE AND INITIAL DURATION

10.1. These Terms of Use enter into force on the date of Acceptance and are
valid for an indefinite period, unless otherwise agreed at the time of
Acceptance.


TERMINATION OR SUSPENSION BY HEALTHCONNECT

10.2. HealthConnect may terminate the User's right of use at any time, without
compensation, provided that it respects a notice period of one month from the
written notice of termination. HealthConnect may also terminate or suspend the
User's right of use at any time, without compensation and with no notice period,
if the User, for any reason whatsoever, fails to comply with the conditions of
use or fails to do so in full, provided that prior written notice of default has
been issued to the User and the User has not remediated the violation within the
period set in the notice of default.

10.3. If HealthConnect is unable to provide the services of the Platform or to
implement these Terms of Use due to force majeure, including but not limited to
strikes, lockouts, rioting, mobilisation, fire, epidemics, flooding, natural
disasters, governmental measures, armed robbery, terrorism (non-exhaustive
list), HealthConnect has the right to temporarily suspend the provision of the
services of the Platform or the implementation of these Terms of Use without
incurring any liability for this and without any right to compensation arising.
HealthConnect undertakes to take the necessary measures to minimise this
suspension. If the cause of the suspension proves to be definitive, without
HealthConnect being able to remedy it in a financially feasible manner,
HealthConnect has the right to unilaterally terminate the agreement without
judicial intervention and without any right to compensation on the part of the
User.


TERMINATION BY THE USER

10.4. Users have the right to terminate their right of use at any time at their
own risk and responsibility, by deleting their accounts themselves.


TERMINATION DUE TO DEATH OF THE USER

10.5. If the User is a natural person, the parties have the right to terminate
the agreement without prior notice, by sending a written notice of termination
upon the death of the User. 


TERMINATION BY OPERATION OF LAW

10.6. The Patient's right of use is terminated by operation of law in the event
of HealthConnect's bankruptcy.


COMMITMENTS AFTER TERMINATION

10.7. After the termination of the User's right of use, the rights and
obligations that, by their nature, remain in force after the termination of
these Terms of Use, such as the provisions on intellectual property rights,
confidentiality, liability and processing of personal data, or that arose before
the termination, shall remain in full force and effect.

10.8. The provisions of the Privacy Statement (as published on the Platform)
regarding the retention of personal data by HealthConnect and the transfer of
personal data to the User after termination of the right of use (regardless of
the reason) shall apply.


11 OTHER PROVISIONS


CORRESPONDENCE

11.1. Unless provided otherwise in these Terms of Use, any notice given by a
Party may be validly issued by e-mail sent to an e-mail address used by the User
or HealthConnect, or via the Platform. The User and HealthConnect undertake to
maintain a working e-mail address and to inform each other at all times of any
changes to this.


CONSULTATION

11.2. In the event of a dispute regarding the implementation of these Terms of
Use, the parties undertake to first make a serious attempt to resolve the
conflict amicably through direct consultation.


SOME CONDITIONS OF USE

11.3. These Terms of Use constitute the only valid terms of use between the
parties and supersede any previous agreement or understanding between the two
parties relating to the same subject matter.


NULLITY

11.4. The nullity or non-enforceability of any provision of these Terms of Use
shall in no way affect the validity or enforceability of the remaining
provisions of these Terms of Use.


CHANGES

11.5. HealthConnect has the right to make unilateral changes to the Platform's
services, including software changes, and to these Terms of Use in a
substantiated manner, through prior notice to the User. Such amendments shall be
deemed to have been accepted unless the User objects to their entry into force
within 15 days of such notification. If the User objects to the entry into
force, HealthConnect has the right to terminate the agreement with a reduced
notice period of 15 days from the notification of the opposition.


12 APPLICABLE LAW AND TERRITORIAL JURISDICTION

12.1. The contractual relationship between the parties is governed by Belgian
law, with the exception of its provisions of private international law.

12.2. Barring any different mandatory provisions, in the case of dispute, the
district courts of Ghent, Ghent division, shall have sole territorial
jurisdiction.

 

Last update: 03/07/2023

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