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Terms of Use
of the VISUHEALTH Platform (Version 1.0, Version: 28.01.2019) |
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1 General
The use of the
services offered by VISUHEALTH is governed by these General Terms and
Conditions. Deviation Agreements must be made in writing.
Provider of the
service offer under the brand "VISUHEALTH" is the: Carl Zeiss Meditec AG
Göschwitzer Straße 51-52
Handelsregister: Amtsgericht Jena, HRB 205623
Vorstand der Carl Zeiss Meditec AG:
Vorsitzender des Aufsichtsrats:
VISUHEALTH is a
digital health platform for digital remote evaluation of high-resolution images
of the retina of the eyes. VISUHEALTH supports the acquisition, collection and
mediation of images of different patients for professional evaluation by
trained medical personnel (e.g. an ophthalmologist). For this purpose, a
platform is provided which makes the contents of the so-called
"uploaders" digitally available to the evaluators
("readers"). This offers digital management and helps with the
digital evaluation of possible clinical pictures and the effective use of
telemedicine. The platform gives users complete control over medical records
and health data in order to share them securely and easily with attending
physicians or therapists and get personalized health alerts. As key elements,
VISUHEALTH uses a digital platform to communicate and gain health-related
knowledge after medical evaluation.
VISUHEALTH essentially
offers an electronic health record, which can be accessed by any user after
successful registration, depending on their authorization. The user can
securely store, manage and export medical data at any time.
VISUHEALTH reserves
the right to continuously adjust the scope of services of the VISUHEALTH
platform based on the factors described above.
VISUHEALTH only
supports the digital infrastructure and communication of the user in the
context of education, self-help and data medicine. VISUHEALTH expressly does
not offer its own medical services, diagnoses or therapies. The use of
VISUHEALTH cannot replace a traditional visit to the doctor. In case of doubt,
please consult a doctor or, in urgent cases, an emergency ambulance. The safety
instructions and exclusion criteria listed in our platform are binding and must
be observed in all cases.
3 Contract / Registration
The use of the
services offered by VISUHEALTH requires the creation of a user-specific account
for which registration is required. The registration presupposes that the user
transmits all requested data truthfully and completely to VISUHEALTH. During
the registration the user must be legally competent. With the registration a
user agreement according to these general terms and conditions comes into
being.
In order to identify
the user, VISUHEALTH concludes written contracts with the users in order to
guarantee a high degree of security against misuse. The user expressly consents
to the necessary data collection for identification purposes. VISUHEALTH uses
this data exclusively for the purpose of contract processing.
There is no legal
claim to the use of the services of VISUHEALTH. VISUHEALTH is entitled to
refuse the registration without giving reasons
.
The user can copy,
save and print the contract text at any time on the VISUHEALTH platform after
successful login. VISUHEALTH itself stores the contract texts and makes them
accessible to the user by email upon request.
The language available
for the conclusion of the contract is exclusively English.
5 Rights of use
The user is
exclusively entitled to the rights to the digital offer granted in these
General Terms and Conditions. The contents, information, pictures, videos,
databases published via the online application VISUHEALTH are in principle
protected by copyright and are generally owned or licensed by Meditec AG.
If VISUHEALTH refers
to cooperation partners or sales partners, explicit reference is hereby made to
the still valid copyrights and industrial property rights.
The contents of the
online application may be used for personal and commercial purposes. The
contents may not be passed on to unauthorized third parties without the express
consent of VISUHEALTH.
The user is granted an
individual license, which may vary depending on the scope of services and the
contractual arrangement.
VISUHEALTH collects
and uses the data provided by the user for the processing of the contracts
concluded between the user and VISUHEALTH. No data will be collected,
processed, passed on or used without the consent of the user. The data
collected with the user's consent will only be processed or used insofar as
this is necessary for the execution of the contractual relationship and for the
performance of the service.
The data deposited
with VISUHEALTH will be stored by VISUHEALTH for the period of use of the
service. In the event of termination by the user or upon request, the data will
be deleted within the legally stipulated period.
The user has at any
time and within the scope of the availability of the online applications the
possibility to retrieve, change or delete the data stored by him in his
account.
If VISUHEALTH refers
to services of cooperation or sales partners, these may collect and process
separate data. VISUHEALTH will only collect, process and pass on this data with
the express consent of the user. The user will be informed separately about
this data use in the course of the conclusion of the contract. In addition, the
data protection provisions of the cooperation or sales partner shall apply
here. For the rights of the user to retrieve, change or delete data that is not
shared with VISUHEALTH, only the respective contact person of the named
cooperation partner or sales partner is responsible.
In all other respects,
reference is made to the data protection declaration attached to this contract
text and accessible under the "Data protection" button. This always
becomes part of the contract.
The range of services
is generally available 24 hours a day. This does not apply to times during
which data backup work is performed and system maintenance or program
maintenance work is performed on the system or database. VISUHEALTH will keep
the possible disturbances as low as possibl
e.
VISUHEALTH's liability
for damages, in particular due to delay, non-performance, defective performance
or tort, shall only exist in the event of a breach of material contractual
obligations, the performance of which could be relied upon to a particularly high
degree. Otherwise, VISUHEALTH shall not be liable, unless mandatory legal
regulations exist. The exclusion of liability does not apply to intent or gross
negligence.
VISUHEALTH is only
liable for foreseeable damages. The liability for indirect damages, especially
consequential damages, unforeseeable damages or atypical damages as well as
loss of profit is excluded. The same applies to the consequences of industrial
disputes, accidental damage and force majeure.
VISUHEALTH expressly
assumes no liability for third party services identified as such. In this
regard, reference is made to the respective contractual conditions and data
protection provisions of the third party provider.
The above limitations
of liability apply to all contractual and non-contractual claims.
In all other respects
VISUHEALTH's offer does not replace the personal consultation of a physician or
medical personnel.
9 Obligations of the user
The user may only use
the service offer properly. In particular, he shall keep his user name and
password for access secret, shall not pass them on, shall not tolerate or
permit any knowledge thereof and shall take the necessary measures to ensure
confidentiality and shall notify the Company of any misuse or loss of this
information or any corresponding suspicion.
The user is obliged to
provide correct, comprehensive and truthful information required for the
provision of the services.
10 Blocking Access & Termination
VISUHEALTH reserves
the right to investigate any suspected misuse or essential breach of contract,
to take appropriate precautions and to block the user's access in case of
justified suspicion. If the suspicion can be dispelled, the blocking will be
lifted again, otherwise VISUHEALTH is entitled to an extraordinary right of
termination.
VISUHEALTH has the
right to change the general terms and conditions at any time vis-à-vis the
users with effect for the future.
An intended change
will be communicated to the users to the last e-mail address provided to
VISUHEALTH. The respective change becomes effective if the respective user does
not object to it within two weeks after sending the e-mail. The timely dispatch
of the objection is decisive for compliance with the two-week period.
If the user objects to
the change within the two-week period, VISUHEALTH is entitled to terminate the
contractual relationship without notice, without the user having any claims
against VISUHEALTH. If the contractual relationship is continued after the
effective objection of the user, the previous general terms and conditions
remain valid.
Should individual
provisions of these General Terms and Conditions including this provision be or
become invalid in whole or in part, the validity of the remaining provisions
shall remain unaffected. The ineffective or missing provisions shall be
replaced by the respective statutory provisions. German law shall apply to the
exclusion of UN sales law. The place of jurisdiction shall be Jena.
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