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.