By using the
PSOconnect app), you accept and agree to be bound by and comply with these
terms of use, as updated from time to time in accordance with section 3 below
titled “changes to these terms of use and PSOconnect app”. The term “you”
refers to the person or entity visiting the PSOconnect app, or installing,
downloading, accessing or otherwise using the PSOconnect app (“use” or “using”
in these terms of use will mean any of the foregoing). If you do not accept and
agree to be bound by these terms of use, you cannot create an account and you
cannot use the PSOconnect app.
Acceptance of Terms of Use
a) The following terms of use, including as applicable, all Appendices (the “Terms of Use“) govern your use of the PSOconnect
app that makes available, among other professional tools and content, a
communications service for dermatologists (“Users”)
to fellow dermatologists and rhumatologists having expertise in the psoriasis
and/or psoriatic arthritis fields (“PsO / PsA
experts”).
b) These Terms of Use form an agreement between Amgen (“Amgen”, “us”,
“we”) and you.
Changes to
these Terms of Use and PSOconnect app
a) Except where prohibited by applicable law, we reserve the right to change
these Terms of Use at any time. You will be notified by email of any changes
made to the Terms of Use. Your continued
use of the PSOconnect app after any changes to these Terms of Use, as notified
per email, indicates your acceptance of such changes.
Usage of the PSOconnect app and service
eligibility
a) As a condition of being granted a right to use of the PSOconnect app, you
represent and warrant that: (1) you possess the legal authority to create
a binding legal obligation and in doing so you will not violate any other
agreement to which you are a party; (2) you have reached the age of majority
(3) you are a certified dermatologist in Belgium or Luxembourg, in possession
of (for Belgium) an active INAMI / RIZIV number or (for Luxembourg) an active
CNS registration number; (4) you are not currently restricted from the
PSOconnect app; (5); (6) will only maintain one PSOconnect account at any given
time; (7) will not violate any rights of Amgen, including intellectual
property rights such as copyright or trademark rights; (8) agree to provide at
your cost all equipment, software, and internet access necessary to use the
PSOconnect app; and (9) you will use the PSOconnect app in accordance with
these Terms of Use.
b) The number
of appointments with PsO / PsA experts will be limited to a number defined by
Amgen, which will be available to you on your profile page in the PSOconnect
app. Amgen reserves the right to modify this number at any time, without
prior notice the users.
c) Amgen retains the right, at its sole discretion, to temporarily or
permanently deny you access to the PSOconnect app (or any part thereof) for
violation of these Terms of Use.
Notifications and service messages
Any notices or other communications permitted or required hereunder, including
those regarding modifications to these Terms of Use or to Amgen’s Privacy Policy, will be in a written form and
given: (1) by Amgen via email (in each case to the address that you provide);
or (2) via the PSOconnect app. For notices made by email, the date of receipt
will be deemed the date on which such notice is transmitted. You acknowledge
and agree that we shall have no liability associated with or arising from your
failure to maintain accurate contact or other information, including, but not
limited to, your failure to receive critical information about the PSOconnect
app.
License grants
a) We grant you a personal, revocable, non-exclusive, non-sub-licensable and
non-transferable license during the term (“Term”)
to use the PSOconnect app in accordance with these Terms of Use for the
Permitted Use only.
Ownership
a) All copyright and / or associated rights and / or rights regarding
smartphone programs / software and / or industrial property rights, as well as
any others of similar nature, commonly jointly referred to as (“Intellectual property”), among others, related to
all and any product or service, project, technological solution or technical
documentation, design work, manuals, databases, simple ideas or know-how, trade
secrets, commercial information sales/marketing techniques, regarding the
PSOconnect app are the exclusive property of Amgen.
b) Use in any form, fully or in part, by any person, of anything related to the
abovementioned type of intellectual property rights that are the exclusive
property of Amgen require prior written authorisation by Amgen.
c) We expressly reserve all rights in and to the PSOconnect app (and any part
thereof) that are not specifically granted to you under these Terms of Use.
All trademarks,
service marks, logos, trade names, and any other proprietary designations of
Amgen used herein are trademarks or registered trademarks of Elixir Mobile.
Any other trademarks, service marks, logos, trade names and any other
proprietary designations are the trademarks or registered trademarks of their
respective parties.
Security
You will be required to sign up for a user account (the “User Account”) using the available interfaces on
the PSOconnect app and to provide a valid, working email address and password
to access and use the PSOconnect app and communicate with other PsO / PsA
experts through the PSOconnect app. Upon registering, you will select a
password. Your email address and the password and codes assigned to you are,
collectively, your “User Information”.
You are responsible for keeping your User Information secure and will not share
your User Information with anyone else. You are responsible for all acts or
omissions carried out under your User Information. You agree to immediately
notify Amgen in writing by email (PrivacyBelux@Amgen.com)) of any
unauthorised use of your User Information or any other breach of security.
Amgen shall not be liable for any harm arising from or relating to the theft
of your User Information, your disclosure of your User Information, or the use
of your User Information by another person or entity.
Registration
To register, you must provide your name, email address, medical specialty, and
other information specified in the registration form (“Registration Data”). You
represent and warrant: (1) the Registration Data that you provide about
yourself is true, accurate, current, and complete; and (2) you will maintain
and promptly update the Registration Data to keep it at all times true,
accurate, current, and complete. You authorise Elixir Mobile, in its sole
discretion, to confirm the truthfulness and accuracy of the Registration Data.
If you provide any information that is untrue, inaccurate, not current or
incomplete, or if Elixir Mobile has reasonable grounds to suspect that such
information is untrue, inaccurate, not current or incomplete, Amgen has the
right to suspend or terminate your User Account and refuse any and all current
or future use of the PSOconnect app.
Privacy Policy and Privacy Warranty
a) Please click the following link to review Amgen’s current Privacy Policy, which contains important
information about Amgen’s practices in collecting, storing, using and
disclosing personal data, and which is hereby incorporated into and forms a
part of these Terms of Use: “Privacy Policy”.
b) You agree and warrant that: (1) you will, at all times, comply with all
applicable laws (including all applicable privacy laws); and (2) all
information, material or content that you provide to us or to the expert by using
the app, will contain no information about an identifiable individual or
information (“Personal Data”) that is
otherwise subject to applicable laws or regulations, including, but not limited
to, any applicable laws, rules or regulations relating to personal health
information and personal information and privacy, depending on your country or
jurisdiction of access to the PSOconnect app, except for Personal Data in
respect of which you have obtained all applicable third party consents,
authority and permissions, and have made all applicable third party
disclosures, in each case if and as required by applicable laws (including
privacy laws), regarding all collection, storage, use, disclosure and
transmission, including to us and to all applicable third parties. You retain
the sole responsibility of your individual compliance with applicable laws.
User Content Terms
All content
generated by a user registered in the PSOconnect app (“Registered
User”), must comply with local, national, provincial, state, and federal
privacy legislation and best practices. No information able to identify a
patient will be shared by use of the app. No content of information transmitted
through the app, will be stored in the app. No photograps nor text will be
transmitted through the app nor stored in the app.
Content
The information and the data displayed in the library (“Library”) is solely provided and uploaded by Amgen.
Amgen
expressly disclaims the accuracy, adequacy, or completeness of any information
and shall not be liable for any actions taken in reliance thereon.
Subscription / usage fees
Amgen does not currently charge fees for the use of the PSOconnect app.
Unlawful or prohibited use
You will not, and will not permit anyone else to, without Amgen’s prior
written permission: (a) use, display, mirror or frame the PSOconnect app, or
any individual element within the PSOconnect app, names, logo, or other proprietary
information, or the layout and design of any page or form contained on a page,
without Amgen’s express written consent; (b) access, monitor or copy any part
of the PSOconnect app using any robot, spider, scraper or other automated means
or any manual process for any purpose; (c) violate the restrictions in any
robot exclusion headers on the PSOconnect app or bypass or circumvent other
measures employed to prevent or limit access to the PSOconnect app; (d) modify
or attempt to modify, copy, reproduce, distribute, transfer, sell, publish or
broadcast the PSOconnect app, including any modification for the purpose of
disguising or changing any indications of the ownership or source of the
PSOconnect app; (e) use the PSOconnect app for sharing, lending or multi-person
use; (f) (g) use the PSOconnect app in a
manner that violates the rights (including, but not limited to, intellectual
property rights) of any third party.
Specifically regarding content, you agree not to do any of the following: (a)
transmit or otherwise make available any content that you do not have a right
to make available under any law or under contractual or fiduciary
relationships; (b) (c) transmit any content that: (1) infringes,
misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of
publicity or privacy, (2) violates, or encourages any conduct that would
violate, any applicable law or regulation or would give rise to civil liability,
(3) is fraudulent, false, misleading, or deceptive, (4) is defamatory, obscene,
pornographic, vulgar, or offensive, (5) promotes discrimination, bigotry,
racism, hatred, harassment, or harm against any individual or group, (6) is
violent or threatening or promotes violence or actions that are threatening to
any person or entity, or (d) violate any applicable law or regulation, or any
other rules of professional conduct.
Amgen will have the right to investigate and prosecute violations of any of
the above to the fullest extent of the law. Amgen may involve and cooperate
with law enforcement authorities in prosecuting users who violate these Terms
of Use. You acknowledge that Amgen has no obligation to monitor your access
to or use of the PSOconnect app, but has the right to do so for the purpose of
operating the PSOconnect app, to ensure your compliance with these Terms of Use
and the Privacy Policy, or to comply
with applicable law or the order or requirement of a court, administrative
agency or other governmental body having jurisdiction.
Third party websites
The PSOconnect app may provide links to third party websites. We do not endorse
the information contained on those websites or guarantee their quality,
accuracy, reliability, completeness, currency, timeliness, non-infringement,
merchantability or fitness for any purpose. The content in any linked website
is not under Amgen’s control, and if you choose to access any such website,
you do so entirely at your own risk.
Viruses
We cannot and do not guarantee or warrant that the PSOconnect app is compatible
with any smartphonesmartphone or that the PSOconnect app, or any links from the
PSOconnect app, will be free of viruses, worms, trojan horses or disabling
devices or other code that manifests contaminating or destructive properties.
You are responsible for implementing safeguards to protect the security and
integrity of your smartphonesmartphone system, the entire cost of any service,
repairs or connections of and to your smartphone system that may be necessary
as a result of your use of the PSOconnect app. We will maintain industry
standard anti-virus software and tools on systems provided by the PSOconnect
app.
General Disclaimer
Use of the PSOconnect app is at your own risk. The PSOconnect app is provided
“as is” and “as available”. To the extent permitted by applicable law, we
disclaim all warranties, representations and conditions of any kind with
respect to the PSOconnect app whether express, implied, statutory or
collateral, including, without limitation, the implied warranties and
conditions of merchantability, merchantable quality, fitness for a particular
purpose and non-infringement, quality, accuracy, reliability, completeness,
currency or timeliness of the PSOconnect app, or that the PSOconnect app is or
will be error-free or will operate without interruption.
Limitation of Liability
a) Amgen shall not be held liable under any circumstances, except solely for
the liability that results from legal stipulation that cannot be excluded.
b) You agree that the information and materials provided by Amgen are
made available “in their current status” and “according to availability”, and
also accept that not all of the information is provided exhaustively.
c) Amgen denies all guarantees, express or implicit, included, but not
limited to, implicit guarantees of convenience for a specific purpose and does
not guarantee that the functions contained are uninterruptedly available or are
free of errors or that the webpages or the server that provides these are free
of virus or other malicious elements; furthermore, Amgen does not guarantee
or make representations regarding the use, or results of the use, or the
materials on this webpage, or the products in terms of quality, suitability,
precision, reliability, safety, or any other aspects.
d) You expressly recognise and accept that the products are used in
association with other services which, if these work badly or do not work, may
provide wrong data and / or prevent the products from operating correctly and /
or for their intended purpose, for which reason they shall expressly waive
Amgen liability regarding any failures and / or other circumstances that
result from the operation of that type of services.
e) Amgen shall not be liable for:
f) and advice provided by the expert to the user through the use of the
app, nor for any advice provided base don the content of information and
materials provided by Amgen in the library.
ii) Losses regarding
which you are at fault;
iii) Losses regarding which third parties are at fault;
iv) Losses arising from force majeure;
v) Any circumstances under which any provision of the Terms of Use has
been infringed;
vi) Losses arising from interferences, interruptions, smartphone viruses,
breakdowns or disconnection of the operating system that may prevent users from
access and navigation and / or access and the correct use of the products;
vii) Any other circumstances under which it is not liable according to the
law.
Indemnification
You will defend, indemnify and hold harmless us and all of Amgen’s officers,
directors, affiliates, partners, employees, agents, successors and assigns
(collectively, the “Amgen Indemnitees”)
from and against any liabilities, claims, demands, recoveries, losses, damages,
fines, penalties or other costs or expenses, (including, but not limited to,
reasonable legal and accounting fees), claimed against the Amgen Indemnitees
by third parties relating to:
a) Your breach of any warranties, conditions, representations or obligations
under these Terms of Use or any documents referenced herein.
b) Your violation of any applicable law (including privacy laws) or the rights
of a third party (including, without limitation, privacy or intellectual
property rights).
Term and Termination
These Terms of Use will
commence on the day of acceptance when creating your account in the PSOconnect
app and will continue in force until terminated by either party (Term). Either
party may terminate these Terms of Use as follows: (a) we may terminate these
Terms of Use at any time and with immediate effect and without prior notice to
you; and (b) you may terminate these Terms of Use at any time by requesting by
email to Amgen that these Terms of Use be terminated between the parties and
all your User Accounts be deleted and by ceasing use of the PSOconnect app. The
change will be processed within thirty (30) days.
Governing Law and Jurisdiction
These Terms of Use will be governed by the laws of Belgium. Except as
restricted by applicable law, you hereby consent to the exclusive jurisdiction
and venue of courts in the city of Brussels, Belgium, in all disputes arising
out of or relating to the use of the PSOconnect app.
General Provisions
a) b) Either party’s failure to insist upon or enforce strict performance of
any provision of these Terms of Use will not be construed as a waiver of any provisions
or right.
c) If any of the provisions contained in these Terms of Use are determined to
be void, invalid or otherwise unenforceable by a court of competent
jurisdiction, such provision will be severed from these Terms of Use and all
other provisions of these Terms of Use will remain in full force and effect.
d) The following Sections, together with any other provision of these Terms of
Use which expressly or by its nature survives termination or expiration, or
which contemplates performance or observance subsequent to termination or
expiration of these Terms of Use, will survive expiration or termination of
these Terms of Use for any reason: Sections 6 (License Grants), 7 (Ownership),
10 (Privacy Policy and Privacy Warranty), 15 (Third Party Websites), 17
(Viruses), 18 (General Disclaimer), 20 (Limitation of Liability), 21
(Indemnification), 25 (Governing Law and Jurisdiction), 26 (General
Provisions), and Appendix A.
Assignment
You may not assign or transfer these Terms of Use, by operation of law or
otherwise, without Amgen’s prior written consent.
Appendix
A
Terms Applicable to Healthcare Professionals
Permitted Use
The PSOconnect app is provided solely (the “Permitted
Use”) to: (a) facilitate communication between dermatologists and PsO /
PsA experts, and (b) access medical information uploaded by Amgen in the
library
Patient Data and Legal Compliance
a) Legal Obligations: National, provincial, state, and federal laws, as well as
ethical and licensure requirements of your profession and health regulatory
college and licensing requirements impose obligations with respect to
protection of privacy and patient confidentiality that may limit the ability of
physicians, healthcare providers, and persons acting on their behalf, to make
use of certain confidential patient information (“Patient Information”) and/or
to transmit Patient Information to third parties without express consent.
b) Compliance Representations and Warranties: You represent and warrant that
you will, at all times, comply with all laws directly or indirectly applicable
to you that may now or hereafter govern the gathering, use, transmission,
processing, receipt, reporting, disclosure, maintenance, and storage of Patient
Information, and require all persons or entities under your direction or
control to comply with such laws, including the privacy laws and the Privacy Policy. You are at all times solely
responsible for obtaining and maintaining all patient consents, if applicable,
and all other legally necessary consents or permissions required or advisable
to disclose, process, retrieve, transmit, and view the Patient Information that
you transmit, store, or receive in connection with the PSOconnect app and any
third party website.
c) Disclaimer on Patient Information: We expressly do not assume any
responsibility for your use or misuse of Patient Information or other
information, whether intentional or inadvertent, that is transmitted,
monitored, stored or received while using the PSOconnect app. We reserve the
right to amend or delete any content (along with the right to revoke any
membership or restrict access to the PSOconnect app) that we determine in
Amgen’s sole discretion violates the above. We further do not assume any
responsibility to make any determinations regarding your subsequent reporting
or notification obligations arising from any use or misuse of patient
information or other information; these determinations and your actions in response
to such determinations remain your sole responsibility.
d) Your representations, warranties, and obligations in this section
survive termination of these Terms of Use.
Healthcare Professional Disclaimer
All end users (PsO / PsA experts) are independent persons and not partners,
agents or employees of Amgen.
PSOconnect is primarily an information and educational tool and is not intended
to serve the following needs: as a diagnostic service; as a confirmatory
service to provide certainty in diagnosis; to select, guide, or promote therapy
of medical conditions; for use in hazardous or mission-critical circumstances
or for uses requiring fail-safe performance; or in situations where failure
could lead to death or personal injury (collectively, “unauthorised purposes”).
Because PSOconnect has not been designed, intended, or authorised for such
unauthorised purposes, you shall not use the PSOconnect app for such purposes
or under such circumstances. You further acknowledge that the use of Amgen’s
PSOconnect app for such unauthorised purposes may constitute a violation of
laws applicable to the practice of medicine or other health profession(s).
Amgen reminds you that the service is not meant to serve as a substitute for
your own professional medical judgment. You should always exercise your
professional judgment in evaluating your patients, and should carefully
consider any treatment plan.