General Terms and Conditions HCP Portal
Article 1. General
These General Terms and Conditions regarding the HCP Portal (hereinafter the "Platform") are issued by Novellas Healthcare NV, with registered office at Jan de Keersmaeckerstraat 25, 1731 Zellik, with company number 0825.892.939, with VAT number BE0825.892.939, registered in the Register of Legal Entities in Brussels (registry of the Dutch-speaking Corporate Court) (hereinafter 'Novellas Healthcare').
These General Terms and Conditions should be read together with the Privacy Policy on this Platform. These two documents together describe the conditions under which this Platform may be used. By accepting these Terms and Conditions and the Privacy Policy through registration and acceptance, you are sufficiently informed and bound by these documents. These Terms and Conditions and Privacy Policy are always available for consultation, download and printing via the Platform.
Novellas Healthcare reserves the right to modify these Terms and Conditions as necessary, for example because the functionalities of the Platform change. Novellas Healthcare thus recommends you to review them periodically. If necessary, Novellas Healthcare will notify you separately of any amendment to these Terms and Conditions.
These Terms and Conditions were last amended on 30 September 2021.
Article 2. Objective of the Platform
This Platform provides access to data relating to the **Novellas Medical Care** Medical Need Program (hereinafter the "Patient Programme"). This access is provided to you following your explicit agreement and that of your patient(s) to participate in the Patient Programme. The sole purpose of using this Platform is thus the proper functioning of the Patient Programme, of which you declare that you have been duly informed.
It is not permitted to use this Platform for purposes unrelated to the Patient Programme, to make this Platform and/or its content available to third parties, to sell, rent, decompile, reverse engineer or modify it, or to prevent its use, without the prior consent of Novellas Healthcare. Nor is it permitted to remove or allow the removal or circumvention of any technical measures designed to protect the Platform. You also agree to comply with all applicable laws and regulations when using this Platform.
Any unauthorised use entitles Novellas Healthcare to terminate your access to this Platform immediately.
Article 3. Scope of the right of use
Novellas Healthcare grants a temporary, non-exclusive and non-transferable right of use in respect of this Platform. You are hereby granted a limited right of access: you can only view the patient records of your own patients. You can also download the relevant documents.
As soon as your participation in the Patient Programme ends, you will be denied access to this Platform and your right of use will end. Novellas Healthcare also has the right at any time to terminate this right of use unilaterally, to limit the use or to deny access completely or in part, temporarily or permanently. Novellas Healthcare will contact you in this regard. In no event shall Novellas Healthcare be liable to you.
You will at all times respect the name and reputation of Novellas Healthcare and ensure that your use of this Platform does not harm Novellas Healthcare's rights and/or reputation in any way.
Article 4. Content of the Platform
Novellas Healthcare aims to keep the content and information on this Platform up-to-date, complete and correct, and to respect your professional confidentiality. If you should notice any errors in the information provided, please contact us as soon as possible. To the extent possible, Novellas Healthcare disclaims liability for the content of this platform.
Novellas Healthcare expressly reserves the right to make changes or withdraw information. Where this Platform refers to other websites or contains specific hyperlinks, this does not mean that Novellas Healthcare endorses all content of such websites and in no event shall be responsible for the proper functioning or the content of such other websites.
Article 5. Functioning of the Platform
In addition, Novellas Healthcare strives to ensure the perfect functioning of all functionalities of this Platform. However, Novellas Healthcare may need to close down access to (parts of) the Platform for maintenance purposes, to carry out updates and upgrades or for any other reason. Novellas Healthcare may also amend or modify the Platform at any time. Novellas Healthcare will endeavour to correct any errors in the software but cannot guarantee that all errors will be corrected in time.
Thus, Novellas Healthcare cannot guarantee that the Platform will always be available or function without interruption, errors or defects. Novellas Healthcare shall have no obligation to perform, nor any obligation to pay compensation in such cases.
Article 6. Personalised login and security
As a user, you will receive a personalised login. This login is personal and it is your duty to keep it secret and secure. It is also your responsibility to login securely, to make sure you use the appropriate devices with the correct security features to protect against viruses, unauthorised access, etc. In the event of any improper or insecure use of the personalised login, Novellas Healthcare may immediately terminate your access to the Platform.
Article 7. Intellectual property
All intellectual property and/or similar rights in this Platform, including the underlying software, database, images, logos, trademarks, etc., are owned solely and exclusively by Novellas Healthcare or its licensors.
Article 8. Indemnification and exoneration
You shall indemnify Novellas Healthcare for any third party claims resulting from breach of these Terms and Conditions, your improper use of this Platform and your rights relating thereto (e.g. resulting from wrongful disclosure of your password, wrongful use). You will then indemnify Novellas Healthcare for all damages and costs incurred by Novellas Healthcare because of such claim, whether caused by an act of fault or negligence. In no event shall Novellas Healthcare be liable for such damages.
The liability of Novellas Healthcare is limited to the liability imposed by mandatory law. Novellas Healthcare shall not in principle be liable for indirect/indirect damages. Except where prohibited by law, Novellas Healthcare's liability is in any event limited to one million euros per claim and in any event in total per calendar year. Notwithstanding mandatory legal provisions or provisions of public order, any claim against Novellas Healthcare shall in any event be extinguished if the action is not brought within one year after the circumstance giving rise to or capable of giving rise to liability was discovered, or reasonably could have been discovered.
Article 9. Applicable law and jurisdiction
Belgian law applies to these Terms and Conditions and the use of the Platform. The courts and tribunals of the district in which Novellas Healthcare has its registered office will hear disputes.
Article 10. Contact
If you have any questions, comments or concerns regarding these Terms and Conditions or the use of the Platform in general, please contact us at info@novellashealthcare.com.