The purpose of these General Conditions of Use and Sale (hereinafter 'GCU/GTC') is to define the terms and conditions under which HYPOKRATE provides its users with software enabling the management of patients' medical records and medical diaries and tele-secretariats for Healthcare Professionals.
These T&Cs apply to any use of the services offered by HYPOKRATE. They are binding on all users and must be accepted before any use of the platform.
Access to the Services requires prior subscription (digital written contract) via the website https://hypokrate.com
When subscribing, you must provide accurate and complete information. Any changes to the information must be reported immediately in order to maintain the validity of your account.
When subscribing to the Subscription, and at any time during the Contract, HYPOKRATE may ask you to provide any information and/or supporting documents, in particular as part of the verification of your identity and, if you are a Healthcare Professional concerned, your official authorization to practice professionally from a healthcare authority which establishes, in accordance with the applicable laws and regulations, your right to practice your specialization and/or any other professional qualification that you claim on the MediKaLLink Platform and/or on the Patient Portal.,
When creating and configuring your Doctor Account, you agree to provide accurate, compliant and sincere information concerning your identity, and where applicable, your bank details and your professional qualifications, at the request of HYPOKRATE and in compliance with the laws, regulations and ethical rules applicable to your profession.
In particular, you undertake not to usurp the identity of another natural or legal person, not to create a false identity likely to mislead HYPOKRATE or third parties, and not to claim, on the MediCALLink Platform and on the Patient Portal, a right to practice, a specialization or other professional qualifications in an illegal, erroneous, misleading or abusive manner
In the event of a change in circumstances affecting your Doctor Data previously communicated to HYPOKRATE, you undertake to immediately update them in your Doctor Account or to inform HYPOKRATE without delay.
You will be deemed to have received any communication or payment that would be sent by HYPOKRATE to the postal address or email address or bank account that you have provided. HYPOKRATE cannot be held liable in the event that you have not received this communication or payment due to failure to update your postal address and/or email address and/or bank details following a change
When creating and configuring your Doctor account, and at any time throughout the contractual relationship, HYPOKRATE may ask you to provide information and/or supporting documents necessary to verify your identity and, if you are a Relevant Healthcare Professional, the official authorization as a Healthcare Professional granted by a healthcare authority that establishes, in accordance with applicable laws and regulations, your right to practice, your specialization and/or any other professional qualification declared on the MediKaLLink Platform or on the Patient Portal. These verifications may be carried out by or by a specialized third-party service provider.
You agree to communicate to HYPOKRATE, in a timely manner, all information and supporting documents necessary for the provision of the Services and to update this information in writing. You are solely responsible for the consequences of a failure or delay in communicating or updating said information or supporting documents.
You guarantee the accuracy, authenticity and sincerity of the information and supporting documents communicated to HYPOKRATE under this article.
In the event that you provide false, inaccurate, obsolete, incomplete, misleading or fraudulent information or supporting documents, HYPOKRATE may suspend or terminate your Doctor Account and prohibit you from accessing, temporarily or permanently, all or part of the Services, without prejudice to your liability towards HYPOKRATE, Patients and/or any third party.
You undertake to communicate to HYPOKRATE, within the agreed timeframes, all the information and supporting documents required and guarantee their accuracy, authenticity and sincerity.
In the event of a change of address, registered office, email address, bank details or substantial change in your situation or that of a Doctor in your team (in particular in the event of suspension and/or withdrawal of the right to practice, opening of collective proceedings, cessation of activity), you undertake to inform HYPOKRATE Support without delay. by notification through the contact form of the MediKaLLink Platform or via the contact address: admin@hypokrate.com
The Agreement shall enter into force on its Effective Date.
Subscriptions are offered on a monthly or annual basis, depending on the terms defined at the time of subscription. They are renewed automatically unless terminated under the conditions defined in Article 2.
In the context of a Subscription, the Contract is concluded for a period of one (1) month for a Monthly Subscription or one (1) year for an Annual Subscription.
The Contract will be tacitly renewed at the end of each Subscription period for the same duration,unless terminated early in accordance with the provisions of the Contract.
You may cancel your subscription by sending a written notification to the following address: admin@hypokrate.com
Any cancellation must respect a notice period of thirty (30) calendar days before the or to the Content Charter next renewal.
You may terminate all or part of the Contract without having to justify your decision and without compensation, by registered letter with acknowledgment of receipt sent at least fifteen days (date of receipt by HYPOKRATE) before the end of the current month for a Monthly Subscription and before the end of the current annual commitment period for an Annual Subscription.
HYPOKRATE may terminate all or part of the Contract without having to justify its decision and without compensation paid to you and/or to the Doctors in your team, by written notification to the Subscriber with six (6) months' notice from the date the notification is sent.
i) Convenience of termination
If you have subscribed to an Annual Subscription, this termination for convenience by HYPOKRATE will be effective at the end of the annual commitment period in course.
In the event of modification by HYPOKRATE of all or part of the terms of the Contract, you will be informed and you may terminate your Contract by registered letter with acknowledgment of receipt sent within fifteen (15) days of this notification by HYPOKRATE.
In the event of a breach by you or the Doctors constituting your team of the provisions of the Contract, the Content Charter, or any applicable law, HYPOKRATE may decide to apply one or more of the following measures:
HYPOKRATE is not required to provide the above-mentioned statement of reasons in the event of a legal or regulatory obligation not to provide the specific facts or circumstances or a reference to the applicable reasons, or in the event of termination on the grounds that you have repeatedly breached the Agreement.
ii) Notice
In the event of suspension or termination, the statement of reasons will be sent to you with reasonable notice before the implementation of the measure, to allow you to resolve the incident, where possible.
iii) Immediate suspension or termination
HYPOKRATE may immediately and without notice suspend or terminate all or part of the Services if such immediate action is necessary to protect the security and confidentiality of the MediKaLLink Platform, the Secretariat and/or Physician Data or the Patient Master Data, or the security, integrity, property or reputation of HYPOKRATE, the Patients, or third parties and in the event of repeated violations of the Agreement and/or applicable laws and/or regulations in force.
HYPOKRATE may terminate immediately and without notice all or part of the Services if HYPOKRATE is subject to a legal or regulatory obligation that requires it to terminate the provision of all of its Services to a given Physician in a manner that does not allow it to comply with this notice period; or if HYPOKRATE exercises a right of termination for compelling reasons under national law consistent with Union law; or if you have repeatedly violated the Agreement and/or applicable laws and/or regulations in force.
iv) Consequences of suspension
Upon termination taking effect, regardless of the cause, you and your Users will no longer have access to the terminated Services or to any Additional Services related thereto, if applicable.
Suspension of all or part of your Services does not relieve you of your obligation to pay the Service Costs under the Agreement.
HYPOKRATE is not liable for any damages resulting from the suspension of the Services under this article.
In the event of termination of all or part of the Services attached to your Monthly Subscription, any month started remains payable, for all Services.
In the event of termination of all or part of the Services attached to your Annual Subscription before the end of the commitment period, you will not be able to demand any reimbursement of the Service Costs paid for this period.
As an exception to the above, in the event of definitive cessation of activity during the annual commitment period and upon presentation of the corresponding supporting documents, an Annual Subscription may be terminated before its term.
HYPOKRATE decides unilaterally on the consequences of the suspension of the Contract, including its termination.
In the event of termination of the Contract, the following articles shall remain in force between the Parties: Financial conditions – Guarantees and responsibilities of HYPOKRATE /Limitation of liability – Intellectual property – Consequences of termination – Confidentiality – Amicable settlement, applicable law and jurisdiction
For any other requests regarding your use of the Services under a Subscription, you may contact the HYPOKRATE support team.
The prices of the Services are indicated on our website or in the contractual documents. They are expressed in euros and are exclusive of tax (ET).
You authorize HYPOKRATE to issue electronic invoices that you can view, reproduce or print directly from your MediKaLLink account. You agree to pay HYPOKRATE the Service Costs as shown on the electronic invoices.
The invoice is available monthly for Monthly Subscriptions, or annually for Annual Subscriptions.
For any annual Subscription, the invoice will be issued during the first month of the Subscription of the current commitment period.
Invoices are payable in euros and include all taxes. The applicable VAT rate is that in effect on the invoice date. Any change in the VAT rate will be automatically reflected on the invoices.
HYPOKRATE may change all or part of the Service Costs. In this case, you will be informed in writing at least one month before the new Service Costs come into effect.
If you have an Annual Subscription, the price change will occur at the end of the current commitment period.
If you refuse this change, you will be entitled to terminate the Service(s) impacted by this modification of the Service Costs, by registered letter with acknowledgment of receipt, without any penalty, within fifteen (15) days from the date of receipt of the notification sent by HYPOKRATE.
The termination will take effect as soon as possible, either on the date of application of the new rates or within fifteen (15) days following receipt by HYPOKRATE of said termination letter.
For the purposes of clarification, it is specified that a change in VAT rate does not constitute a change in Service Costs within the meaning of this article.
Payment of the Costs of the Services is made on the date indicated on the invoice by direct debit, bank transfer or any other means indicated at the time of subscription. Invoices are issued monthly or annually depending on the type of subscription chosen.
You are deemed to have accepted any undisputed invoice within thirty days from its issue date. You may not avail yourself of any set-off or deduction mechanisms, nor withhold any amounts owed to HYPOKRATE under the Agreement. You will be liable for all bank transaction fees associated with the payment, if any.
In the event of late payment, late payment penalties equal to 3 times the legal interest rate will be applied. A fixed compensation of 40 euros will also be due for recovery costs.
Failure to pay invoices within the specified time limit shall automatically result in the application of a late payment penalty. This penalty is equal to the interest rate then in force applied by the European Central Bank to its most recent refinancing operation, increased by ten percentage points and is due from the day following the payment date shown on the invoice.
In addition, a fixed compensation for recovery costs, in the amount of forty euros as provided for in Article L. 441-10 of the Commercial Code, will be due automatically.
When the recovery costs incurred are greater than the amount of this fixed compensation, HYPOKRATE may demand additional compensation, upon justification.
Any payment incident results in the suspension of the Subscription and the rights of access to the Services with respect to you and with respect to your Users affected by this payment incident.
Any complaints should be addressed first to HYPOKRATE Support
HYPOKRATE undertakes to implement all necessary means to process any complaint as quickly as possible in order to reach a mutually acceptable solution for you and for HYPOKRATE.
You agree to take out, with any reputable insurance company of your choice, a civil liability insurance policy intended to cover all material, bodily and/or immaterial damage likely to be caused directly or indirectly to HYPOKRATE and/or third parties, as well as the specific risks linked to your activity,throughout the duration of the Contract.
Each Party undertakes to ensure the strict confidentiality of the Confidential Information shared during the pre-contractual and post-contractual phases, as well as during the execution of the Contract.
In this respect, each Party undertakes to use the Confidential Information only for the sole purposes of the performance of the Contract and to the strict extent necessary; to take all necessary precautionary and protective measures to preserve the confidentiality of the Confidential Information of the other Party and prevent access to it by unauthorized persons and, at a minimum, to provide them with a degree of protection identical to that of their own Information. Confidential; not to disclose or reproduce the Confidential Information of the other Party, except to or for its members, employees, agents or service providers who need to have such Confidential Information.to perform the obligations incumbent on the Party in question under the Contract, or who need to know them under the Contract.
In addition, HYPOKRATE may disclose the terms of the Agreement to its accountants, auditors, banks and financing sources and to any other HYPOKRATE advisors subject to professional secrecy and to advisors or experts who have signed a confidentiality agreement.
In all cases, the Party receiving the Confidential Information guarantees compliance with this confidentiality commitment by persons having knowledge of the Confidential Information, whether in particular its employees or subcontractors
The confidentiality obligation shall remain valid for a period of five (5) years from the expiration or termination of the Agreement, for any reason whatsoever. Notwithstanding the foregoing, each Party may disclose Confidential Information without the consent of the other Party, to the strict extent that such disclosure is imperatively required by a competent authority or by virtue of a legal or ethical obligation.
Access to the Services is restricted to users with a valid subscription. You are responsible for securing your login details and passwords.
Subscription to certain Services may be subject to specific eligibility conditions as communicated by HYPOKRATE prior to any subscription.
You acknowledge and accept in particular that any subscription to one or more Additional Services implies a prior valid Subscription to the MediKaLLink Shared Medical Record Software Service.
HYPOKRATE provides you with a unique, personalized first login code so that you can access your Doctor Account.
In the case of a Doctor Account linked to a Subscription, this code is sent to the email address provided by the Subscriber when subscribing or later when the Subscriber has added you as a new Doctor.
After validation of the Contract and creation of your Doctor Account, you will receive a confirmation email at the address you provided when creating the Doctor Account. You will then be able to identify yourself and access your Doctor Account and the Services subscribed to by the Subscriber, using your Login Identifiers or the Pro Santé Connect online service.
You agree to restrict access to your Doctor Account and to respect the strictest confidentiality of your methods of access to the Services, whatever they may be, and in general, to secure these methods of access in order to avoid any unauthorized use of the Services.
In the event of loss or theft of one of your Identifiers, you must immediately inform HYPOKRATE Support, which will then cancel and/or update the Identifier concerned.
You are solely responsible for the use made of your Doctor Account and your Identifiers, in particular if the latter are pre-registered on a device, thus enabling automatic connection to the Services.
Any access, use of the Services and transmission of data made from your Doctor Account will be deemed to have been made by you. In this regard, you are required to ensure that at the end of each session, you have effectively disconnected from the Services, in particular when accessing the Services from a public computer.
Any loss, misappropriation or unauthorized use of your Doctor Account or your Identifiers and their consequences are your sole responsibility. In all of the above cases, you are required to notify HYPOKRATE without delay via the Help Center, or in the event of loss of your identifiers which no longer allow you to connect to your Doctor Account, by clicking on the “Forgotten password?” link on the Platform login page.
You also undertake to protect yourself against the risks of loss or hacking of data, files and programs by using regularly updated antivirus software.
You are responsible for creating and monitoring the number of Doctors and Secretariat attached to your Subscription and this for each of the Services subscribed to. The number and identity of Doctors associated with your team may change at your request, subject to informing HYPOKRATE in advance via HYPOKRATE Support.
Any request to create or delete a Doctor and/or Secretary Account after the Effective Date is subject to the conditions set out in the Contract.
HYPOKRATE strives to ensure continuous availability of the Services.However, temporary interruptions may occur for maintenance or update reasons.
You agree to:
Verify that the computer system and infrastructure necessary for the use of the Services that you and the members constituting your team use are at all times compliant with the technical requirements.
These may change depending on the development of the Services and the Platform and will be brought to your attention where appropriate.
You are personally responsible for your connection to the Internet network with an Internet access provider and for choosing an Internet browser compatible with the MediKaLLink Platform. The acquisition, installation and maintenance of the Infrastructure as well as the electronic communications costs (such as telephone charges and Internet access costs) resulting from their use are your sole responsibility. It is your responsibility to inquire about the price of using these services from the operators concerned;
Use the Services in compliance with the applicable legislation in force, in particular with regard to communication on the Internet, protection of Personal Data, protection of Intellectual Property and image rights, the Public Health Code, the code of ethics to which you are subject, and any regulations applicable to the specific Services. As such, you certify that the services you offer on the MediKaLLink Platform and the Patient Portal are, at all times, compliant with the applicable laws and regulations;
Not to use the Services in a way that could harm the reputation of HYPOKRATE or cause harm to third parties;
Only provide and share content and information that complies with applicable laws and regulations, the Contract and our Content Charter;
Only use and provide Doctor Data that does not infringe the rights of third parties and for which you have authorization for reproduction and/or public distribution. For images of your structure including staff, you declare that you have obtained the consent of the person(s) photographed, for the publication and distribution of the images.
In the event of non-compliance with these T&Cs, HYPOKRATE reserves the right to suspend or terminate your access, without notice or compensation.
The MediKaLLink Services and any element that composes them are, unless otherwise stated, the exclusive property of HYPOKRATE or its subcontractors. HYPOKRATE guarantees that it holds the Intellectual Property rights attached to the MedKaLLink Platform, to the various Services made available to you; and/or the exploitation right allowing it to grant the user license below; and the right to market the Database Vidal medicinal products as described in the Specific Conditions applicable to the Shared Medical Record Software Service.
No provision of the Contract may be interpreted as a transfer of Intellectual Property rights.
All licensed third party software integrated or not into the MediKaLLink Platform and/or the Services are subject to the license conditions applicable to such third party software.
You agree to use the Services in accordance with applicable laws and these terms. Any fraudulent or misuse is strictly prohibited.
HYPOKRATE is committed to a process of prevention and fight against fraud and corruption, and intends that any person or company in relation with HYPOKRATE adheres to the same principles and respects French and European legal and regulatory provisions, as well as internationally recognized principles in the fight against corruption and influence peddling.
Consequently, you undertake not to practice any fraud or corruption, in any form whatsoever, in the context of your relationship with HYPOKRATE; take all reasonable measures to ensure compliance with this obligation by your managers, employees, subcontractors, agents or other third parties under your control; inform HYPOKRATE without delay of any conflict of interest or event that may be brought to your attention and which could result in obtaining an undue advantage, during your relationship with HYPOKRATE.
Any violation of the obligations defined in this article will be considered a serious breach authorizing HYPOKRATE to terminate the Services without notice or compensation, subject to all damages to which HYPOKRATE may be entitled as a result of this breach.
a. Rights Granted by You
You grant HYPOKRATE, free of charge and non-exclusively, the right to use, reproduce, communicate, distribute, and modify (for layout or translation where applicable):
– all or part of your distinctive elements (including your names, first names, brands, company name, trade name, sign, logos, etc.) of which you are the owner or holder of the rights;
– your Subscriber Data and/or Doctor Data;
– all or part of the content and graphic elements, photos, videos or texts, including the information in the Doctor Profile Sheet, provided by yourself; and this, for the entire world, freely transferable to any third party, on any medium, for the duration of protection of the rights relating to the content and elements listed above (copyright, trademark rights, intangible rights and their possible renewals, etc.), and for any type of exploitation and improvement of the Services (including in particular for the promotion of the Services).
Feedback and Improvement of the Services: If you provide HYPOKRATE with any comments or suggestions regarding the functionality or performance of the Services (including identifying errors or improvements), you agree to grant HYPOKRATE, without restriction or compensation, all rights, titles and interests relating thereto.
Furthermore, HYPOKRATE reserves the right to collect anonymous data in order to improve its Services.
Commercial referencing: For commercial referencing purposes, you authorize HYPOKRATE to cite and reproduce your first and last names, trade names and brands as well as the type of Services to which you have subscribed on any commercial medium, worldwide and for the duration of the Contract.
b. Rights Granted by HYPOKRATE
HYPOKRATE grants you, for the duration of the Contract and subject to full payment of the Service Costs and other sums possibly owed to HYPOKRATE:
i) a personal, non-exclusive, non-assignable and non-transferable right to use the Platform and the MediKaLLink application for the subscribed Services, and in accordance with their purpose; and, only within the framework of a Subscription
ii) a personal right to use, reproduce and distribute the MediKaLLink trademarks and/or logos within your organization or on your professional documents for the sole purpose of informing Patients of the possibility of making an appointment online. This use of the trademarks and logos must be carried out in accordance with the instructions provided by HYPOKRATE for the use of the MediCALLink trademarks and logos. Any other use, such as the use of the MediCALLink trademark as part of an online advertising system, for the promotion of your own services or third-party services (such as Google AdWords) or for the promotion of services or products not authorized on MediCALLink is prohibited;
iii) a personal, non-exclusive, non-assignable and non-transferable right to use voice services (prerecorded messages and music, message and music waiting time, message and music for your answering machine), recorded by HYPOKRATE and made available to you (either directly or through your telesecretariat) in order to redirect Patients to the Patient Portal. Any other use is expressly excluded.
Content you upload or share through the Services must not infringe the rights of others or contain illegal or offensive information.
You agree not to attempt to access or copy the source codes of the MediKaLLink Platform; use the MediKaLLink Platform for purposes other than the normal use of the Services in accordance with their intended purpose; create copies of the MediCALLink Platform; reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile (except and only to the extent expressly authorized by applicable law), nor incorporate the MediCALLink Platform into other software or create derivative works from the MediCALLink Platform, regardless of the means and medium; resell, rent or commercially exploit the MediCALLink Platform, nor assign/grante the MediCALLink Platform to a third party; carry out intrusion tests or attempt to obtain a denial of service on the Services.
You acknowledge that any violation of this article constitutes an act of counterfeiting punishable by civil and criminal law.
You understand and agree that the MediKaLLink Platform is a standard software solution (SaaS) that is provided to you “as is” and that it is not intended to meet any specific requirements. Unless expressly stipulated otherwise, HYPOKRATE excludes, to the extent provided by law, any warranty of any kind whatsoever.
A support service is available to answer your technical or administrative questions at the following address: admin@hypokrate.com
HYPOKRATE references the results of searches carried out by Patients on the MediKaLLink Platform in accordance with the criteria mentioned in its referencing policy.
The health data collected via our Services are processed in accordance with the GDPR and French legislation. They are hosted on HDS (Health Data Hosting) certified servers.
You acknowledge that any sharing of Health Data with other Health Actors must be carried out in accordance with Article L1110-4 of the Public Health Code, regardless of the Service used.
In particular, when pooling a patient database, or sharing a patient database, you are responsible for complying with the rules attached to confidentiality. medical and access rights management; and the collection of authorizations necessary to comply with the laws and regulations in force. HYPOKRATE reminds you that in the event of pooling of patient databases containing Data and/or Documents, these are fully accessible by default by each authorized Doctor in the same health structure, subject to the authorizations subsequently granted or refused to him.
Only authorized Healthcare Professionals can access patient data, with their explicit consent. You can revoke this access at any time via your personal space.
The data is kept until the termination of the account by the Patient or his legal representative, unless the user requests early deletion under the conditions provided for by law.
If you are authorized to do so, you may create Documents on the Platform, using or not the templates made available by HYPOKRATE; sign them; and transmit them to the recipients of your choice. You acknowledge and accept that the Document templates made available on the Platform are provided for reference purposes only, without any guarantee as to their accuracy and completeness.
It is your responsibility to ensure that legal requirements relating to the creation, content, signing, sending and archiving of Documents are complied with.
You are informed that in the event of deletion of a Document shared with a Patient, the latter will keep a copy of said Document on his MediKaLLink account. However, any Document deleted less than twelve hours after it was shared with the Patient will also be deleted from the Patient's MediCALLink account.
You agree not to communicate Personal Data to HYPOKRATE during Connector testing phases enabling interoperability to be established with other software or another application.
Furthermore, in the context of the provision of a Connector between the MediKaLLink Platform and third-party software not provided by MediKaLLink, HYPOKRATE is not liable for any damage that may result from developments of which HYPOKRATE is not the owner (which would for example be undertaken or licensed by the publisher of third-party software itself).
The connector allows our Service to be integrated with third-party software, such as medical records management tools. You are responsible for the technical compatibility of the third-party software used.
HYPOKRATE is not responsible for malfunctions resulting from misconfiguration or incompatibility between the connector and third-party software.
As a Professional, you are required to make a declaration of existence, to choose your tax regime with the tax service and to respect all the obligations incumbent upon you, in particular on the tax and social level. For more information, you can consult the website of the General Directorate of Public finances as well as the URSSAF public portal.
In certain cases, tax regulations may require HYPOKRATE to collect and/or report tax information about you.
If, after two reminders, you do not provide us with the information or documents required by this regulation, HYPOKRATE may suspend all or part of the Services until the required information and/ or documents are provided. You are informed that the data transmitted to the General Directorate of Public Finances as part of the reporting obligation provided for in Article 1649 ter A of the General Tax Code may be transferred to the tax administration of another Member State of the European Union or of a State or territory having concluded an agreement with France allowing the automatic exchange of information.
You warrant that all information provided when using the Services is accurate and up-to-date.
i) Provision of Services
You acknowledge that the role of HYPOKRATE is limited to that of a simple intermediary and technical service provider; and unless otherwise stipulated, HYPOKRATE only assumes an obligation of means in the execution of its obligations.
HYPOKRATE implements the means and measures necessary for the proper functioning and maintenance of the continuity and quality of the Services.
ii) Availability of Services
You acknowledge that HYPOKRATE cannot be held responsible for an interruption of Services or a delay in execution beyond its control and, in particular, that the provision of the Services depends on the reliability, availability and continuity of connections of a certain number of third parties (telecommunications network operators, the public Internet, your Infrastructure, etc.), as well as the accuracy and integrity of the information provided by yourself and the members constituting your team.
iii) Maintenance and support
HYPOKRATE may be required to suspend all or part of the Services for maintenance purposes scheduled by HYPOKRATE or one of its subcontractors or in the event of a technical imperative.
HYPOKRATE cannot be held responsible if the use of an online appointment booking module provided by a third-party provider has the effect of limiting or reducing the performance of the Shared Medical Record Service.
As part of a Subscription, you can also contact the HYPOKRATE support team from your MediKaLLink Account.
You are solely responsible for the actions carried out with your identifiers and for the use of the Services, in particular with regard to shared data.
You are solely responsible for the use of the Services through your Physician Account, by you or any person using your Physician Account (e.g., secretaries).
As a Subscriber, you are also responsible for the use of the Services by members of your MediKaLLink team. For the purposes of this section, any reference to your use shall be deemed to include any use of the Services made through your Physician Account, whether by you or members of your MediCALLink team.
You are responsible for the relevance, accuracy and completeness of your Subscriber and/or Physician Data, Patient Master Data and the use thereof by Patients and other Healthcare Providers.
You are responsible for complying with the rates indicated on your Doctor Profile Sheet.
You guarantee HYPOKRATE, its employees, and its representatives against any complaint, action or request for compensation from a Patient, an Internet user, another Doctor, a third party or a public authority and, if applicable, indemnify HYPOKRATE and its representatives for all costs (including legal fees, costs and expenses) and damages related to claims and legal actions relating to the use of the Services when this use is made illegally, fraudulently, or not in accordance with the Contract or the applicable ethical rules, if applicable; to the Subscriber Data and/or Doctor Data and to the use you make of them; to the violation of the Intellectual Property rights of HYPOKRATE, or those of third parties, due to your use of the Services; and to the content and quality of the information and Documents stored by you on the MediCALLink Platform.
You are responsible for the consequences and/or damages related to any integration of any thirdparty service/software on the MediKaLLink Platform, carried out by a third party. You acknowledge that HYPOKRATE cannot be held responsible for the consequences and/or damages related, in whole or in part, to the aforementioned integration.
You acknowledge that you are acting within the framework of your professional activity carried out on French territory and that your contractual relations with HYPOKRATE are governed by the French Commercial Code.
Consequently, you acknowledge that you are neither a consumer nor a non-professional, and that as such, you cannot benefit from the provisions of the French Consumer Code.
You agree to verify that each member of your team is acting within the framework of their professional activity carried out on French territory.
You agree not to resell the Services and not to grant any rights to the Services to a third party.
The Parties declare that each of them acts herein as an independent contractor and that neither you nor HYPOKRATE can be considered as the employee, agent, distributor, principal or representative of the other Party.
Nous garantissons que les Services fournis sont conformes à leur description. Toutefois, nous ne pouvons garantir l'absence totale d'erreurs ou de dysfonctionnements.
Upon your written request, HYPOKRATE undertakes, at no additional cost, to: provide you with the history of your appointments, all of your Subscriber Data and/or MediKaLLink Data for which you are the Data Controller, and, where applicable, the Patient Master Data for which you are the Data Controller, within fifteen (15) calendar days of receipt of your written request, subject to having collected this data lawfully and having provided HYPOKRATE with supporting professional identification documents, and; provide assistance in the context of outgoing reversibility. The aforementioned data is made available in a standard structured text format that is usable and capable of ensuring the durability of reading said format
You may retrieve the above-mentioned data by your own means up to two months after they have been made available by HYPOKRATE. At the end of this period, all data are deemed to have been fully retrieved by you and access to these data is no longer authorized.
You acknowledge and guarantee that you have all the rights and/or authorizations necessary to recover the aforementioned data.
In the event of termination of the Services, this request must be addressed to HYPOKRATE no later than seven (7) calendar days following the effective date of termination.
In the event of termination of the Services, HYPOKRATE undertakes to delete or make anonymous all of your Subscriber Data and/or Doctor Data and Patient Master Data for which you are the Data Controller no later than four months from the effective date of termination of the Services.
HYPOKRATE nevertheless remains authorized to keep a copy of your Subscriber Data and/or Doctor Data for all purposes imposed by applicable law.
For security reasons, in particular to ensure the continuity of its Services, certain Personal Data may be stored by HYPOKRATE in protected backup files.
If these backup files are restored, the retention periods indicated above will be automatically taken into account.
HYPOKRATE reminds you of your legal obligation to archive patient basic data, in accordance with the Public Health Code. HYPOKRATE does not provide archiving,services, which remain your sole and complete responsibility and that of each Doctor.
Our liability is limited to direct and foreseeable damages. We are not liable for loss of data or indirect damages.
HYPOKRATE does not guarantee in any way the reliability, availability, quality, continuity of the Services or the compliance of the Services with applicable laws in the context of use of the Services outside French territory.
You acknowledge and understand that HYPOKRATE cannot under any circumstances be held liable for any indirect damages that you may suffer when using the Services, such as damages that do not result exclusively and directly from the failure of MediKaLLink Services, in particular operating losses, loss of patients, contracts, anticipated gains or savings, turnover; damage to honor and reputation.
Furthermore, HYPOKRATE cannot be held responsible for acts carried out by yourself and/or a third party using the Services or acting on your instructions or on your behalf and/or on the instructions or on behalf of one of the Doctors in your team, in particular when these acts are not in accordance with the laws and regulations in force and/or the Contract or resulting from your negligence and/or that of a Doctor and/or a third party acting on your instructions or on your behalf.
HYPOKRATE declines all responsibility in the event of a dispute, whatever the cause, between you, or one of the Doctors on your team, and a Patient.
In any event, in the event of proven fault by HYPOKRATE towards you, the entire liability of HYPOKRATE and its representatives towards you, your representatives, Doctors in your team and employees, under the Contract, is limited, all damages and penalties combined:
Any limitation of liability provided for in the Contract cannot be applied when it must be excluded by law and in particular in the event of death or serious physical harm; gross negligence; or fraud
The Parties shall endeavour to achieve the objectives set out in the Contract.
In particular, the Party which suffers the non-performance of an obligation must take all reasonable measures aimed at minimizing the damage likely to result. Failing this, the Party suffering the non-performance may only obtain from the other Party compensation for the damages which it could not avoid.
The Parties declare that the rates agreed under the Contract, within the framework of a Subscription, take into account the distribution of risks as negotiated between the Parties; the aforementioned limitations of liability constitute a substantial condition for the signing of the Contract.
The Parties expressly consider as cases of force majeure events that meet the criteria established by the case law of French courts and tribunals, the constituent elements of which are characterized within the meaning of Article 1218 of the Civil Code and the case law of the Court of Cassation.
In the event of the occurrence of such an event, the injured Party must immediately inform the other Party in writing. This clause does not, however, apply to payment obligations under this Agreement.
The case of force majeure results in the suspension of the obligations of the Party concerned for the time during which the force majeure is in effect. Nevertheless, the Parties will endeavour to minimise the consequences as far as possible.When a case of force majeure prevents one of the Parties from fulfilling its contractual obligations under the Contract for a period exceeding thirty consecutive days, each Party may terminate the Contract after sending a registered letter with acknowledgement of receipt. The Parties will then be released from their obligations, with the exception of the articles which are intended to subsist at the end of the of the Contract as agreed between the Parties, without any compensation or penalty, for any reason whatsoever, being due by either Party.
HYPOKRATE has no general obligation to monitor the content provided by Doctors. However, HYPOKRATE is entitled to carry out voluntary checks on its own initiative in order to identify and assess content that is illicit or incompatible with the General Terms and Conditions of Sale. HYPOKRATE provides on the MediKaLLink Platform a mechanism for submitting notifications electronically in order to report to HYPOKRATE any potentially illicit content.
The competent authorities may also notify HYPOKRATE of any alleged illicit content. Each notification will be examined by HYPOKRATE and HYPOKRATE's decision will be notified to the appropriate authority, that HYPOKRATE decides whether or not to take action on the notified content.
In the event of identification of illicit content or content incompatible with the General Conditions, either as part of voluntary checks implemented by HYPOKRATE, or following a report or notification, HYPOKRATE may take appropriate measures
HYPOKRATE may suspend, for a reasonable period of time and after issuing prior warning, the processing of notifications submitted via the electronic notification mechanism by persons who frequently submit manifestly unfounded notifications.
We reserve the right to remove any content deemed inappropriate, illegal or not in compliance with these conditions.
You can report any abuse or problematic content via the dedicated email address: admin@hypokrate.com
HYPOKRATE reserves the right to freely modify the technical infrastructure of its Platform, provided that this modification does not have the effect of reducing the performance of the Platform and the Services or of reducing the commitments made by HYPOKRATE within the framework of the Contract.
i) Beta version
HYPOKRATE may offer you to try beta versions of certain Services. These beta services are provided for evaluation purposes only. You acknowledge that these beta services may contain bugs, errors and other problems and accept them “as is”, without any express or implied warranty of any kind.
HYPOKRATE is not responsible for any problems related to the use of beta services by beta testers; may discontinue use with seven days' notice. (7) days; may, without incurring any liability, delete all data contained in these beta versions. The beta tester undertakes to regularly back up the data provided to HYPOKRATE for testing.
Access to the Services in test mode is subject to your prior acceptance of these General Conditions. The Test Services are also provided “as is” without assistance or any express or implied warranty of any kind. The tester agrees to regularly back up the data provided to HYPOKRATE for the test.
We reserve the right to add, modify or remove features of the Services, in order to improve the user experience.
Any changes to these terms and conditions will be notified to users by email or through their personal space. The changes will come into effect thirty (30) days after notification.
HYPOKRATE reserves the right to assign, transfer or hand over to a third party, in any form whatsoever, the rights and obligations arising from the Contract.
You must obtain HYPOKRATE's prior written consent before any assignment or transfer of all or part of the Agreement.
HYPOKRATE also provides you with a Personal Data Protection Policy accessible on the MediKaLLink Platform containing information relating to other Processing carried out by HYPOKRATE.
The Parties undertake to comply with the provisions of said Personal Data Protection Agreement.
Furthermore, you are informed that your Personal Data may be processed by HYPOKRATE as a subcontractor, on behalf of other Doctors, in particular within the framework of the Messaging Service in order to allow other Health Professionals to search for you and send you messages.
The fact that either Party does not assert one or more provisions of the Contract may not in any case imply a waiver by said Party of the right to assert them subsequently.
In the event that certain provisions of the Contract are inapplicable for any reason whatsoever, including under an applicable law or regulation, the Parties shall remain bound by the other provisions of the Contract and shall endeavour to remedy the inapplicable provisions in the same spirit as that which prevailed when the Contract was entered into.
i) Convention of proof
The Parties expressly agree that any document signed electronically within the framework of the Contract constitutes the original of said document; has the same probative force as a document signed by hand on paper and may validly be used against the Parties; may be produced in court, as documentary evidence, in the context of a dispute. Consequently, the Parties acknowledge that any document signed electronically constitutes proof of the content of said document, of the identity of the signatory and of his consent to the obligations and consequences of fact and law arising from the document signed electronically. The termination or expiry of the Contract shall not call into question the probative force of documents signed electronically before the date of its termination/expiry.
Par conséquent, les Parties reconnaissent que tout document signé de manière dématérialisée constitue une preuve du contenu dudit document, de l'identité du signataire et de son consentement aux obligations et conséquences de fait et de droit qui découlent du document signé de manière dématérialisée. La résiliation ou l'expiration du Contrat ne saurait remettre en cause la force probante des documents signés de manière dématérialisée avant la date de sa résiliation/expiration.
In order to establish the (proven or supposed) damage to the reputation of HYPOKRATE or to the physical or mental integrity or safety of Patients, HYPOKRATE may rely on the messages from Patients addressed to HYPOKRATE that it will have previously anonymized in order to guarantee the confidentiality of their exchanges, provided that the content of these messages does not allow them to be identified.
The Contract is governed by French law, excluding its conflict of laws rules.
Prior to any legal action, the Parties shall endeavour to settle amicably and in good faith all disputes between them relating to the validity, interpretation, execution or non-execution, interruption, termination or denunciation of the Contract, for whatever reason and for whatever reason, by sending a registered letter with acknowledgement of receipt setting out the difficulty(ies) encountered and the resulting requests. The Parties must compare their points of view and make all useful observations to enable them to resolve the conflict between them.
The Parties shall endeavour to reach an amicable agreement within sixty (60) calendar days from notification by one of them requesting such agreement.
No legal action shall be admissible before the end of the amicable dispute resolution procedure as referred to above, except to preserve the right of action of one of the Parties or to avoid imminent harm.
If at the end of the period of sixty (60) calendar days provided for above, no amicable agreement is reached, the Parties may engage in an attempt at mediation. Given the voluntary nature of this procedure, it is understood that the Parties may terminate it at any time. In the event that an attempt at mediation is initiated, the Parties undertake to participate in good faith and to share all of the costs of said mediation. HYPOKRATE will bear a reasonable portion of these total costs, taking into account the validity of your arguments and your behavior, provided that this sum cannot exceed half of the total costs.
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