www.owa-secure.com is a web portal belonging to Icomed, a company registered in France, the head office of which is at 137 rue d’Aguesseau 92100 Boulogne Billancourt, France (hereinafter "Icomed"). This portal is hosted by IMS Health.
2 ACCEPTANCE OF THE TERMS
2.1 Any User accessing the Portal accepts these Terms and agrees to comply with them. By using the Portal, the User represents and warrants being (i) at least 18 years of age and (ii) is of sufficient capacity to enter into a contract.
2.2 In registering for and accessing the Portal, the User further represents, warrants and undertakes that (i) the information provided by that User to Icomed is true and accurate so as not to mislead Icomed, (ii) the User will be not be violating any applicable law or regulation, and (iii) the User will not infringe any copyright, patent, trade mark or any other intellectual property rights of a third party.
3 CREATION OF AN ONEKEY WEB AUTHENTICATION ACCOUNT AND ACCESS TO PORTAL
3.1 Conditions for Obtaining the Identifier and Password
The process for creating and registering an account to access the Portal (a “Onekey Web Authentication Account”) is as follows:
1. The User can either (i) insert his/her healthcare professional card into a card reader (if available) in order to automatically fill out the form (and then complete the form if certain fields remain blank), or (ii) fill out the entire registration form available on the Portal. The User shall provide the requested mandatory information, while ensuring that it is accurate and complete;
2. Icomed then checks all of the information provided by the User anKeyd may, in its sole discretion, independently verify the accuracy and completeness of such information by reference to a third party;
3. Icomed then in its absolute discretion verifies whether on the basis of the submitted information, the User meets the conditions for creating an Onekey Web Authentication Account.
If the above conditions are met, the User receives via email a hypertext link together with his/her identifier and a modifiable password that will allow for activation of his/her Onekey Web Authentication Account. Thereafter, using his/her identifier and password and subject to these Terms, the User will be able to access and use the Portal.
3.2 Security of the Identifier and Password
The connection identifier and password for each User are strictly personal and confidential, and may not be used by anyone except the relevant User to which they are assigned. Every User is personally responsible for his/her connection identifier and password, and must therefore ensure their security and confidentiality. In case of loss or theft of his/her identifier and/or password, the User undertakes to so inform Icomed as quickly as possible.
3.3 Modification of the Information Granting Access to the Portal
Users acknowledge and agree that the creation of an Onekey Web Authentication Account is contingent on the User's status. Consequently, Users shall promptly inform Icomed of any modification of his/her status or professional situation that is likely to impact the access rights granted to the User herein.
3.4 Loss of Portal Access Right
Icomed reserves the right, at any time and without prior notice, to deactivate an identifier or password in its absolute discretion, including in circumstances where (but not limited to):
3.4.1 the User has provided Icomed with inaccurate, false or otherwise misleading information at the time of registration;
3.4.2 the User has not promptly provide an update in connection with his/her change of status in accordance with paragraph 3.3 above;
3.4.3 the change in the User's status no longer entitles the User to use an Onekey Web Authentication Account (in Icomed’s absolute discretion);
3.4.4 the identifier and/or password has been communicated to a third party or a third party has been allowed to access the Portal using another User’s then current web session; or
3.4.5 the User has made fraudulent or otherwise unlawful use of the Portal.
3.5 Publisher web sites
3.5.1 Users acknowledge and agree that Icomed has no control over any website owned or operated for or on behalf of a Publisher. Icomed therefore disclaims any and all liability or responsibility for any content or services provided on or through any Publisher web site, or any User’s use or reliance on such content or services.
3.5.2 Each Publisher is responsible for its own web site. Hence, each Publisher may in its sole discretion determine who will be authorised to access its web site, on the basis of the status of the Users and by means of the Onekey Web Authentication connection identifier and password. The Users acknowledge and agree that Icomed is not involved in this decision and therefore Icomed shall not be held responsible for any User’s inability to access any web site of a Publisher. In order to challenge any such web site access refusal, the User should therefore directly liaise with the web site's Publisher.
4 INTELLECTUAL PROPERTY
All intellectual property and other rights in the general structure, as well as the trade marks of Icomed and/or its sister companies and subsidiaries including the logos showing on the Portal, any software programs, texts, animated or other images, technology and all other elements comprising the Portal are the exclusive property of Icomed, its sister companies, licensors or subsidiaries (the “Content”). Save as expressly provided in these Terms, no Content may be copied, reproduced, modified, publicly displayed, used to create derivative works or distributed in any way for any commercial purposes. You may not use any robot, spider, deep-link, page-scrape or any other automated device or manual process to monitor or copy any Content from the Portal.
5.1 To the fullest extent permitted by applicable law Icomed hereby disclaims any and all liability for loss, injury or damage (whether direct, indirect, consequential, incidental or special) arising out of or in connection with the use of the Portal by Users (including any use or access of third party websites through the Portal) or otherwise including, without limitation:
5.1.1 relating to the accuracy, completeness, reliability, availability, suitability, quality, ownership, non-infringement, operation, merchantability and fitness for purpose of any content contained in or accessed via the Portal;
5.1.2 any acts or omissions of any third parties in connection with a User’s use of the Portal;
5.1.3 relating to any interruption, failure or cessation of operation or transmission of the Portal;
5.1.4 resulting from reliance upon, operation of, use of or actions or decisions made on the basis of, any facts, opinions, ideas, instructions, methods, or procedures contained in or accessed via the Portal; and
5.1.5 resulting from any virus, worm, trojan, or any other kind of malware or contamination of computer equipment.
5.2 Users should carry out their own evaluation/verification exercise before choosing to rely upon any web site content which is contained in or accessed via the Portal.
5.3 The relevant User shall indemnify and hold harmless Icomed in respect of all claims, charges, liabilities, demands, proceedings and actions, damages, losses, costs, expenses (including legal fees) and interest suffered or incurred by Icomed and any of its affiliates as a result of or in connection with that User’s use of the Portal, or arising out of or in connection with that User’s violation of its obligation of confidentiality over its identifier and password as set out in paragraph 3.2 of these Terms, or their negligence regarding the security of the identifier and/or password.
6 INFORMATION TECHNOLOGY AND FREEDOMS
6.1 Collection of Personal Data
6.1.1 In compliance with all applicable related laws and regulations, Icomed collects personal information on the Users who connect to the Portal, most notably when they register on the Portal by filling out the form provided for this purpose.
6.1.2 During online registration, Icomed requests the Users to provide certain personal information, some being mandatory and others being optional. The mandatory nature of the information is indicated by means of an asterisk (*) placed in front of the corresponding box. If the mandatory information is not provided, the User will be unable to continue with the next step of the registration.
6.1.3 The personal information provided by a User during registration on the Portal is intended for the use of Icomed, which is responsible for its processing, and may be passed to Icomed’s partners (primarily affiliated companies of Icomed, the Publishers, pharmaceutical companies, healthcare professionals and healthcare centres). Icomed may also provide the Users’ personal information to its technical service providers to enable Icomed to provide services to the Users.
6.1.4 The purpose of the collection of
the Users’ personal information is to:
• record and monitor use of the Portal by Users for internal purposes which may include analysis of usage, measurement of Portal performance and generation of marketing reports;
• disclose it to third parties (including, but not limited to, Icomed’s partners (primarily affiliated companies of Icomed, the Publishers, pharmaceutical companies, healthcare professionals and healthcare centres) to enable such third parties to market their products and services to the User directly;
• use it to provide Icomed’s services and products to Users and disclose it to third parties (including, but not limited to, Icomed’s partners (primarily affiliated companies of Icomed, the Publishers, pharmaceutical companies, healthcare professionals and healthcare centres) where such disclosure is connected with the provision of such services and products; and
• use it to market Icomed ’s and other third parties’ products and services to Users in the future and this may involve contacting Users using the contact details given to Icomed by them.
6.1.5 Icomed undertakes to take all reasonable measures to protect the Users’ personal information and to prevent User’s personal information from being altered, damaged or transferred to unauthorised third parties.
6.2 Users’ Right of Access,Rectification and Deletion
6.2.1 Users should contact Icomed by email using the email form available through “contact” option of the site if they wish to update or amend the information which Icomed holds relating to them, or if they wish Icomed to cease using their data. Alternatively Users may write to Icomed at: 137 rue d’Aguesseau 92100 BOULOGNE BILLANCOURT - FRANCE
6.2.2 Users have a right under the applicable data protection law to access the information that Icomed hold about them, subject to certain conditions. Users should contact Icomed by email using the email form available through “contact” option of the site if they wish to make an application to access this information. Alternatively Users may write to Icomed at: 137 rue d’Aguesseau 92100 BOULOGNE BILLANCOURT - FRANCE
6.2.3 Users should contact Icomed by email using the email form available through “contact” option of the site if they do not want to receive any marketing information from Icomed and wish Icomed to cease using their data for this purpose. Alternatively Users may write to Icomed at: 137 rue d’Aguesseau 92100 BOULOGNE BILLANCOURT - FRANCE
6.2.4 Users can also personally modify their information held by Icomed online within the administration interface of the Portal, with the use of their identifiers (connection identifier and password).
7 PARTIAL NULLITY / WAIVER / UNASSIGNABILITY
7.1 If any provision of the Terms is held by a court of competent jurisdiction to be unenforceable, then the remaining provisions of the Terms, if capable of substantial performance, will remain in full force and effect.
7.2 No delay or omission by either party to exercise any right or power it has under the Terms will impair or be construed as a waiver of such right or power. A waiver by any party of any breach or covenant will not be construed to be a waiver of any succeeding breach or any other covenant.
7.3 The Users shall not assign the Terms or any of their rights or obligations hereunder without the prior written consent of Icomed.
8 FORCE MAJEURE
If and to the extent that Icomed’s performance of any of its obligations is prevented, hindered or delayed by a Force Majeure Event (as defined below), then Icomed will be excused for such non-performance, hindrance or delay, as applicable, of those obligations affected by the Force Majeure Event. For purpose of the Terms, a “Force Majeure Event” means fire, flood, earthquake, elements of nature or act of God, riot, civil disorder, rebellion or revolution, acts of war or terrorism, industry wide strikes and other similar cause beyond the reasonable control of Icomed.
9 CHANGES TO THESE TERMS
Icomed shall have the right, at its sole discretion and at any time, to change or modify these Terms, such change shall be effective immediately upon posting to the Portal. Users are responsible for regularly reviewing these Terms to obtain timely notice of any such changes. Icomed will post a last amended date at the bottom of this page to assist such review. The continued use of the Portal by a User after such posting shall constitute that User’s acceptance of these Terms as modified.
10 APPLICABLE LAW AND COMPETENT JURISDICTION
These Terms and any and all claims, disputes or proceedings of any kind (whether contractual or non-contractual) arising out of or in connection with them shall be governed by and construed in accordance with French law. You irrevocably submit to the exclusive jurisdiction of the French courts in respect of all proceedings arising out of these Terms (whether contractual or non-contractual).