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Algemene Voorwaarden

2-minute-read summary

You find Terms of Uses long, difficult and full of legalese? We do too. However, We find it important to inform You about the way you can make use of Salvus Health.
That’s why We made this 2-minute-read summary to You. This summary will provide You with the necessary information and all You need to know in no-time.

First things first, what is Salvus Health?

  • Salvus Health offers a service that allows you to make use of medically certified consumer health devices in a pharmacy environment, and collect and visualize the obtained data in one dedicated online platform.
  • The measurements you can take are the following: blood pressure, heart rate, weight, BMI and blood oxygen level. Additionally, you are able to self-report and store extra information about your health.
  • Salvus Health can in no way be seen as a medical device. The use of Salvus Health can never replace any medical advice, diagnosis or treatment.

When can you use Salvus Health?

  • To use Salvus Health, you must accept our Terms of Use. They set out the rules for using our services.
  • You must also agree and consent to our Privacy Policy. The personal data you share with us remains always your property and Salvus Health will only use it to provide services to you and to improve the services. For more information on this subject, We invite you to have a look at our Privacy Policy.
  • When you subscribe, you must provide us with some personal information and be at least 18 years

How can you use Salvus Health?

  • You may only use our service as it is intended and are together with us, responsible for the confidentiality of your use.
  • You are allowed to use our services for private purposes only.
  • If you violate our Terms of Use, you risk being not allowed using Salvus Health anymore.
  • If you need technical support, you can always send us an e-mail at [email protected]

Also important to know:

  • Salvus Health will always remain the owner of the services and of all related intellectual property rights. You will always remain the owner of your data.
  • Salvus Health can only be held liable for damages directly attributed to us, with a limit of €5.000.
  • Our Terms of Use may be updated from time to time. We advise you to check them regularly!

Want to know more? Then We invite you to read our entire Terms of Use, where everything is explained in detail!

 

 

2.1. General objectiveSalvus Health – Algemene voorwaarden

DISCLAIMER: We recommend that you read these Terms of Use carefully before using the Services (as defined below). By clicking on the “I Agree to the Terms of Use”-button, You agree that Your use of the Services is governed by these Terms of Use. We encourage you to keep and print a copy of these Terms of Use for future reference. 

DISCLAIMER: Salvus Health is not responsible for the functioning, settings, results (including accuracy or level of detail) and any other effects or results of the stand-alone instruments, kits, equipment or devices that may be used in conjunction with the Salvus Health platform.

DISCLAIMER: Salvus Health is not intended for a medical purpose and should not be used to diagnose, prevent, monitor, predict, anticipate, treat or alleviate disease. The information provided by Salvus Health should not be used to make decisions regarding diagnosis or therapeutic purposes. If you require medical advice, consult a qualified healthcare professional.

In order to use these Services, you must first read and agree to our Privacy Policy. It is not possible to use our Services without first accepting our Privacy Policy.

 

Article 1 – Applicability

 

1.1. The Salvus Health Services, available via the tests in the pharmacy and via the web-app app.salvus-health.com and website www.salvus-health.com (hereinafter the “Website“), are owned and managed by Salvus Health, a private limited liability company under Belgian law, with registered office at Begijnenvest 14/22, 2000 Antwerp registered with the Crossroads Bank for Enterprises, under company number 0741.808.191 (hereinafter “Salvus Health“, “We” or “Us”).

1.2. These Terms of Use set out how You can use these Services. By using the Services in any way whatsoever, You agree to be bound by these Terms of Use. These Terms of Use apply in any way that You use to gain access to the Services, including, but not limited to the In-Pharmacy Application on the tablet in the Pharmacy or the Website on the Internet, digital television and/or mobile phone.

1.3. These Terms of Use (hereinafter the “Terms of Use“) constitute a legally binding agreement between Us and You (hereinafter “You” or “User“) and apply to Your use of the Services. By using any part of the Services, You acknowledge and agree that Your use of the Services is governed solely by these Terms of Use. If You do not agree to any provision of these Terms of Use, You are not entitled to (continue to) use the Services in any way or to create an Account.

1.4. You declare and warrant that You have the necessary legal capacity to agree to and accept these Terms of Use.

1.5. The definitions that apply to these Terms of Use are defined in Annex 1.

 

Article 2 – Description of the Service

2.1. General objective

Salvus Health offers a service that allows you to make use of medically certified consumer health devices in a pharmacy environment, and collect and visualize the obtained data in one dedicated online platform. The measurements you can take are the following: blood pressure, heart rate, weight, BMI and blood oxygen level. Additionally, you are able to self-report and store extra information about your health such as: a possible pregnancy, Your emotional state (illness, fatigue, anger and stress), sports, blood group, belly circumference, height, ethnicity, as well as the possible use of tobacco and/or alcohol.

2.2. Account

In order to make use of the Services, You must first perform the desired tests (with the blood pressure monitor, scales or saturation meter) in the Pharmacy using the In-Pharmacy Application on the tablet following the instructions. After having carried out the desired test(s), You will receive an overview of the data of the test(s), after which You can enter more information about yourself if desired.

You can choose to stop the test(s) or to link the Results to a (new) Account. A new Account can be created by providing Us with some Personal Data, as well as by agreeing to the Privacy Policy and these Terms of Use. The creation of the Account is subject to the following conditions:

  • You are only entitled to create an Account if You are a “natural person”;
  • You are at least 18 years old; If you’re not 18 years old, your parents can create an account for you.
  • At the time You create or update an Account, You must provide us with correct, accurate, complete and current information that is personal to You, such as Your name, e-mail address and gender.

2.3. The platform

The Platform provides the necessary facilities to enable the use of the Services with regard to the Results.

 

Article 3 – Use of the Services

 

Salvus Health collects and processes your Personal Data primarily to provide personalised recommendations based on your blood pressure, weight, blood oxygen saturation levels and heart rate. That being said, We will only use your Personal Data for the following purposes:

3.1. With regard to the use of the Services, each User is obliged to: 

  • comply with the provisions laid down by law, regulation, decree, ordinance or decision of the federal, regional, local or international authorities;
  • refrain from manipulating the tests, in any way whatsoever or using any technique;
  • not to send any data, messages or documents in any way via the Services, or to load any data or documents via the Services.

    a) in which the rights (including, but not limited to, moral rights or intellectual property rights) of Third Parties or of the providers of the Services are violated;
    b) of which the content is damaging, defamatory, violent, unlawful, obscene or degrading or in which the privacy of Third Parties is violated;
    c) whose use or possession by the User is prohibited by law or by agreement;
    d) that contain viruses or instructions that could cause damage to the providers of the Services and/or the Services and/or could impede or disrupt the Services.

3.2. In order to use the Services on the Platform, You must have an internet connection.

3.3. You are jointly responsible for the security and confidentiality of Your data. You are advised to keep Your Results safe and secure and to not exchange or disclose them with Third Parties. 

3.4. You are fully responsible for all activities You perform under Your Account. You agree to notify us immediately of any unauthorised use of the Services under Your Account or any other breach of security. We cannot be held liable for any loss or damage resulting from failure to comply with the above requirements.

3.5. The Services may only be intended for private use. The Services may not be used for commercial or business purposes unless We have approved You as a partner.

    Article 4 –  License – Restrictions

     

    4.1. The Services and the Platform made available by Us are our exclusive property. All rights in and to the Services or the Platform not expressly granted to You in these Terms of Use are reserved by Us.

    4.2.   We hereby grant You a personal, revocable, non-exclusive, non-transferable, non-sublicensable right of use for the duration of the agreement to use the Services in accordance with the Terms of Use. You may not use the Services or any part of it for commercial purposes.

    4.3. You, nor a Third Party, will under no circumstances:

    a) decompile, disassemble or reverse engineer the software, or attempt to reconstruct or discover the source code, underlying ideas, algorithms, file formats or programming interfaces of the Services in any way

    b) distribute, sell, rent, sublicense, lease, lend, distribute or otherwise transfer the Services or any part of it to a Third Party, except as expressly permitted under these Terms of Use;

    c) use the Services for time-sharing, hosting, providing services or similar purposes, except as expressly permitted under these Terms of Use;

    d) change, remove or make unreadable any product identification, proprietary information, copyright notices, digital watermarks or other notices in or on the Services;

    e) change, modify or change any part of the Services, create a derivative work from any part of the Services or integrate the Services into or with other software, except to the extent expressly permitted in writing by Us;

    f) provide Yourself with unauthorized access to our IT infrastructure or the structure to access the Services or to use the Services to perform or promote illegal activities;

    g) use the Services to generate unwanted e-mail advertisements or spam;

    h) use an automatic, electronic, or manual high-volume process to access, search, or collect information about the Services (including but not limited to robots, spiders, or scripts);

    i) pretend to be another person or entity;

    j) intentionally distribute worms, Trojan horses, corrupt files or other destructive or deceptive elements or use the Services for unlawful, invasive, infringing, defamatory or fraudulent purposes;

    k) to remove or otherwise circumvent technical and other protective measures in the Services.

    4.4.   By uploading, creating or otherwise transferring information, data or images through the Services and without prejudice to the provisions of our Privacy Policy, You grant Us a non-exclusive, royalty-free, worldwide, sublicensable and transferable license to use, copy, store, modify, transmit and display the user content to the extent necessary to supplement and update the Services.

    4.5.   We reserve the right, but have no obligation, to monitor and remove any user content that is deemed to violate the provisions of the Terms of Use or to be inappropriate, or that violates the rights of Third Parties or applicable laws or regulations.

     

    Article 5 – Intellectual Property Rights

     

    5.1. Within the scope of the agreement between the User and Us, the Services and all established and/or applicable, related or associated worldwide Intellectual Property Rights remain our exclusive property.

    5.2. All rights in and to the Services and/or the Platform that are not expressly granted to the User in this agreement are reserved to Us. Except as expressly provided herein, no express or implied license is granted to the User with respect to the Services and/or the Platform or any part thereof, including any right to obtain any source code, data or other technical material relating to the Services.

    Article 6 – Suspension

    6.1. If, in our sole discretion, We learn or suspect that You are violating these Terms of Use or any other instructions, guidelines or policies (including, but not limited to, the Privacy Policy) issued by Us, We may suspend or restrict Your access to the Services. Any such suspension by Us will continue until You have remedied the breach that led to the suspension or restriction.

     

    Article 7 – Support

    If, in our sole discretion, We learn or suspect that You are violating these Terms of Use or any other instructions, guidelines or policies (including, but not limited to, the Privacy Policy) issued by Us, We may suspend or restrict Your access to the Services. Any such suspension by Us will continue until You have remedied the breach that led to the suspension or restriction.

    Article 8 – Privacy and Protection of Your Personal Data

    Your privacy is very important to Us and We will comply with all applicable laws when processing Your Personal Data.

    8.2.   You will always remain owner of Your Personal Data. Salvus Health only uses Your Personal Data in order to provide the Services to You.

    8.3.   In our Privacy Policy You will find more information on how We collect and process Your Personal Data.

    Before using our Services, You must agree to and consent with our Privacy Policy. 

     

     

    Article 9 – Liability

    All warranties, conditions and representations otherwise implied by applicable laws with respect to the Services are excluded to the fullest extent permitted by law and are rejected. In particular, We do not represent or warrant that the Services are error-free, free of viruses or other harmful components, or that defects will be corrected. In this respect, You must take Your own precautions. To the fullest extent permitted by law, in no event will We be liable for any loss or damage caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other protected material through Your use of our Services.

    9.2. To the extent permitted by law, We accept no liability for any failure to maintain the Services and/or to deliver the content or to deliver it on time.

    9.3. You agree that on the basis of these Terms of Use, We can only be held liable to the extent that the damage suffered by You can be directly attributed to Us. For the avoidance of doubt, We cannot be held liable for claims resulting from:

    • Your unauthorized use of the Services;
    • Your failure to use the latest version of the Services made available to You or Your inability to integrate or install any corrections We made to the Services;
    • Your use of the Services in combination with products or services that do not belong to Us.

    9.4. To the fullest extent permitted by applicable law, We shall not be liable to any Third Party for any special, indirect, exemplary, repressive, incidental or indirect damages of any kind, including, but not limited to, damages or costs resulting from loss of profits, data, income, goodwill, of the purchase of replacement services or of damage to property arising from the Services that fall under these Terms of Use, including, but not limited to miscalculations or use, misuse of the Services or the inability to use the Services, regardless of the cause of the claim or the theory of liability – on the grounds of unlawfulness, contractually or otherwise -, even though We have been informed of the probability of such damage.

    9.5.   The Services may contain inaccuracies and typographical errors, including with respect to the fees. We do not guarantee the accuracy or completeness of the content and services offered on our Services. In addition, We expressly reserve the right to correct any erroneous information on the Services.

    9.6. We will not be liable in any way for any damages resulting from Your acts or omissions on the basis of the content available on the Services. Nor can We be held liable for actions, errors, omissions, representations, warranties, violations or omissions of Third Party independent service providers.

    9.7. Subject to the maximum extent permitted by applicable law, Salvus Health’s liability under these Terms of Use in respect of each event (or series of connected events) shall not

     

    Article 10 – Guarantees and disclaimers

    1. By Us

    10.1. Except as expressly provided in these Terms of Use and to the extent permitted by applicable law, the Results are provided “as is”. We do not provide (and hereby reject all) other warranties, covenants or representations and conditions, whether or not written, oral, express or implied and without limitation, and all implied warranties regarding adequate quality, handling, trade use or practice, merchantability, usability, availability, title, non-infringement or fitness for a particular use or purpose, and this subject to the use, misuse or inability to use the Services provided to the User by us.

    We do not guarantee that:

    • All errors can be corrected or access to or operation of the Services will always be uninterrupted, safe and error-free;
    • The information, including but not limited to the results, that is available on the Services is true, complete and accurate.

    10.2. You expressly acknowledge and agree that We shall not be liable for any health-related decisions that You or Third Parties make based on the Results arising from the Services, whether or not such data is accurate.

    10.3. You expressly acknowledge and agree that Your use of the Services and the Results are at Your own risk. You acknowledge and agree that there are risks associated with transmitting and storing information over the Internet and that We shall not be liable for any loss of data, including, but not limited to, the Results and all related usage content.

    10.4. As stipulated herein, We will indemnify and defend You against substantiated and well-founded claims from Third Parties to the extent that the claim is based on a violation of the Third Party’s Intellectual Property Rights by the Services and/or the Platform and to the exclusion of claims that are the result of:

    • Your unauthorized use of the Services;
    • Modifications of the Services by You or Third Parties;
    • Your failure to use the latest version of the Services and/or the Platform made available to You or Your inability to integrate or install corrections We made to the Services and/or the Platform if We indicated that the update or correction was necessary to prevent a potential breach;
    • Your use of the Services in combination with products or services that are not specific to Us.

    Any such indemnity obligation shall be subject to the following conditions:

    • We will be informed immediately in writing of any such claim;
    • We will determine the defence and settlement of any such claim at our sole discretion;
    • At our request, You will cooperate fully with Us in defending and settling any such claim at our expense;
    • You do not make any representations about our liability in respect of any such claim, nor do You agree to any settlement in respect of such claim, without our prior written consent.

    If these conditions are met, We will indemnify You for all damages and costs incurred by You as a result of any such claim, as awarded by a competent court of last instance or as agreed in the settlement with our prosecutors.

    10.5. If, in our reasonable opinion, the Services and/or the Platform is likely to be the subject of an infringement claim by a Third Party, We reserve, at our own discretion and expense, the right to:

    • amend the Services and/or the Platform (or the (allegedly) infringing part thereof) so that the infringement no longer exists, but the equivalent functionality is maintained;
    • obtain for You a license to continue to use the Services and/or the Platform in accordance with these Terms of Use;
    • terminate the agreement and pay You an amount equal to a pro rata portion of the fees for that part of the Services that is the subject of the infringement.

     2. By the User

    10.6.    You shall indemnify and hold Us harmless from any claim, demand, loss, liability or damage of any kind, including reasonable attorneys’ fees, whether in tort or in contract, that they or any of them may face as a result of any claim by any Third Party with respect to:

    • Your breach or violation of any provision of these Terms of Use or any other instructions or policies;
    • Content that is in violation of Third Party’s Intellectual Property Rights;
    • Fraud, deliberate deception or gross negligence on your part.

    10.7.    We are under no obligation towards You to back up any user content and/or Results. You agree that the use of the Services in violation of or in violation of the User’s terms and warranties in this section constitutes an unauthorized and improper use of the Services.

     

    Article 11 – Updates or changes to our Terms of Use and/or our Services

     

    11.1. We reserve the right to at any time, with or without reason and without prior notice to or liability to You:

    • amend, supplement or change these Terms of Use;
    • change the Services. This also includes the removal or discontinuation, temporarily or permanently, of any service or other characteristic of the Services without any liability of Salvus Health towards the User or any Third Parties; and/or
    • reject or discontinue Your use of and/or access to the Services in whole or in part, temporarily or permanently.

    11.2. Any such changes, additions or modifications to the Terms of Use and/or the Services will become effective immediately upon being made available on the Services or upon notification to You.

    By continuing to use the Services, You agree to the changes, additions or modifications made to the Terms of Use and/or the Services.

    11.3. You do not have the right to modify, supplement or amend these Terms of Use in any way.

    11.4. With respect to changes, additions and/or modifications to our Privacy Policy, You will be notified separately in accordance with Article 1 of our Privacy Policy.

    11.5. We recommend that You check the Terms of Use regularly to ensure that You are aware of the most recent Terms of Use that You must respect.

     

    Article 12 – Duration and Termination

     

    The agreement will be effective from the time You subscribe to our Services and will remain in effect until it is terminated or as long as You continue to use the Services. In the event that We choose to cease supplying the Services, or to grant a Third Party the right to supply the Services, We will notify You at least three months in advance.

    12.2. We may terminate the contract at any time if You provide inaccurate, incomplete or inaccurate information when subscribing to our Services or at any other time during the provision of services.

    12.3. We may at any time terminate or suspend Your use of the Services immediately, without prior notice or liability, in our sole discretion, for any reason and without limitation, including but not limited to a breach of the Terms of Use.

     

    Article 13 – Miscellaneous


    13.1. Force majeure

    We will not be liable for any failure or delay in the performance of our obligations with respect to the Services if such failure or delay is due to causes beyond our control, including but not limited to force majeure, war, strikes, lockouts, riots, epidemics, fire, line of communication failures, power outages, earthquakes, other catastrophes, unauthorised access to our information technology systems by Third Parties or for any other reason if our failure to comply with the obligations falls outside our reasonable control. 

    13.2. Entire agreement

    These Terms of Use, together with our Privacy Policy, constitute the entire agreement and understanding between You and Us. These Terms of Use supersede all prior proposals, understandings and any other oral or written agreements between You and us relating to this subject matter.

    13.3. Severability

    If any provision of these Terms of Use is found by any court of competent jurisdiction to be unenforceable or invalid, the other provisions of these Terms of Use shall remain enforceable. The invalid and unenforceable provision will be deemed amended to be valid and enforceable to the fullest extent permitted by law.

    13.4. Waiver

    Failure to make a particular provision of the Terms of Use enforceable does not mean that it or any other provision will be waived.

    13.5. Allocation

    We may freely transfer or assign all or part of the rights and obligations described in these Terms of Use without Your consent and without notice to You.

    You may not transfer these Terms of Use or any of your rights and obligations under these Terms of Use without our prior written consent.

    These Terms of Use are binding on and for the benefit of the parties and their respective successors and assigns.

    13.6. Notices

    All our notices intended to be received by You will be deemed delivered and effective when sent to the email address You provided when subscribing to our Services. If You change this e-mail address, You will also need to change Your e-mail address on the personal settings page.

    13.7. Expiration of agreement

    Articles 4, 7, 9, 10, 12 and 13.8 shall remain in force even after termination or expiry of the agreement.

    13.8. Applicable law and jurisdiction

    The Agreement shall be governed exclusively by and construed in accordance with Belgian law and shall not be construed in accordance with any conflicting laws or regulations. The courts and tribunals of Antwerp have exclusive jurisdiction if any dispute arises in relation to the Services or these Terms of Use.

     

    ***

     

    If You have any further questions about the Services or these Terms of Use, please contact us at the following address: [email protected]

    These Terms of Use are provided electronically on our Website: www.salvus-health.com. A paper version is available on request via [email protected]