LEGAL NOTICE Host :
Cegedim Norway registered under number 910 826 034 Located at Grenseveien 95 0663 Oslo NORWAY
Publication Directory : Laurent LABRUNE, Président
Local contact : Please refer to your country
TERMS OF USE Docnet is a web portal run by Cegedim Norway, a Norwegian Company whose registered office is located at Grenseveien 950663 Oslo Norway (hereinafter “Cegedim”).
The main aim of Docnet is to allow health professionals to contact each other and to contribute, in this way, to scientific communications.
1 PURPOSE The purpose of this document is to set out the rules governing access to and use of the Docnet portal (hereinafter the “Portal”). Using Docnet, you can search for colleagues or places of work, receive messages in your “DocBox” and access information published by pharmaceutical companies, health partners or the administrative authorities, for instance.
2 ACCEPTANCE OF THE TERMS OF USE 2.1 By accessing the Portal, you are deemed to accept these Terms of Use and to agree to comply with the provisions hereof. By using the Portal, you are also deemed to declare that you are 18 or over and a health professional. 2.2 When using the Portal, you represent and warrant that (i) the information supplied to Cegedim is accurate and is not likely to mislead it, (ii) you will not breach any applicable laws or regulations, and (iii) you will not in any way infringe any copyright, patent, trademark or other intellectual property right held by a third party.
3 CREATION OF A OneKey Web Authentication ACCOUNT AND ACCESS In order to ensure that you are a health professional, Cegedim has outsourced authentication services to its affiliate, MedExact. You will need to follow the steps set out below to create a OneKey Web Authentication account: 1. You fill in the entire application form available on the Portal. You must provide the requested information and ensure that all information provided is correct and comprehensive. 2. MedExact will then verify all of the information provided. 3. MedExact verifies that you meet the requirements for creating a OneKey Web Authentication account, based on the information provided. If the above requirements are met, you may then log in to the Portal using your username and password you may modify.
4 GENERAL INFORMATION Your login username and password are strictly personal and confidential. You are personally responsible for your login username and password and accordingly, you must ensure that they remain secure and confidential. In the event that your username and/or password are used fraudulently or lost, you agree to inform Cegedim as soon as possible. If you breach this duty of confidentially or are negligent in relation to the security of the username and/or password, you will be solely liable for any damage that may arise and Cegedim disclaims all liability therefor. Moreover, if you fail to comply with the Terms of Use, your Docnet user account may be terminated with immediate effect. If your user account is terminated, your entire profile and all stored information will be deleted. You acknowledge and accept that only healthcare professionals are authorised to create a Docnet account. Accordingly, you must immediately inform Cegedim of any changes to your status as a healthcare professional or a professional situation that could, in particular, affect the access rights granted to you herein.
5 – USE OF DOCNET As a Docnet user, you agree to comply with the laws in force, to respect third party rights and to comply with the provisions of these Terms of Use. You are responsible for your use of the Portal and for the content/documents that you upload, store and consult. To this end, you agree to refrain from any acts of infringement or hacking and, more generally, from any acts that infringe intellectual property rights held by third parties, regardless of the nature or extent of the said rights. You are aware that other users may view anything that you may post or write on the Portal and then we recommend not publishing anything you don’t want to be viewed. Accordingly, you agree not to post unlawful information or transfer documents containing unlawful information, primarily immoral information, information that breaches the legislation or regulations in force, in particular: breaches of intellectual property regulations, incitement to crimes against humanity, incitement to racial hatred and discrimination, paedophilia, slanderous, offensive or racist remarks, defamation, promotion of any other Web service publishing such unlawful information or information that could encourage hacking, infringement, fraud or computer viruses. In this respect, you will hold Cegedim harmless from and against any third party claims relating to the title to and/or content of the documents, and will indemnify it from and against any loss it may sustain in this respect.
You agree not to disclose personal patient data or other information that may be traced to patients, to disclose confidential information or, more generally, to publish any type of health data on Docnet.
In particular,
we remind you that you are required to file the required reports on the side effects of drugs directly to the relevant bodies/administrative authorities/institutions. You also agree not to disrupt the smooth running of the Portal in any manner whatsoever, in particular by transferring anything that could contain a virus or that could otherwise damage or affect the Portal and, on a wider scale, the IT system operated by Cegedim and/or any third party. It is clearly understood that you remain liable to pay all IT equipment costs, the contract with your Internet service provider and all call charges incurred by you on any basis whatsoever when connecting to the Internet and using the Portal. You will also be entitled to use the Banque Claude Bernard medicine database (hereinafter the “BCB”) to search for medicines and consult a simplified monograph of the medicine. RESIP (one of Cegedim’s affiliates) is and shall remain the holder of all intellectual property rights relating to the BCB.
6 LIABILITY 6.1 Cegedim is acting as the company hosting Docnet and accordingly, you are solely liable for the content that you add to the Portal or use on the Portal. Accordingly, Cegedim disclaims all liability for the use of the Portal, covering, in particular, any direct or indirect financial loss or harm to business, such as lost data, lost earnings, an increase in overheads, a loss of profits, customers or anticipated savings, malfunctions caused by third parties etc. Moreover, Cegedim reserves the right to change the content of the Portal without prior notice and may not be held liable for any such changes. 6.2 Cegedim also reminds you that the Portal is provided “as is” and is to be used at your own risk. In particular, but without prejudice to the other provisions of these Terms of Use, Cegedim does not warrant the performance levels, continuity or quality of its service. Furthermore, Cegedim does not warrant that the service will be free from all kinds of bugs and errors. Cegedim may not be held liable for any Portal downtime or any fault in the Portal caused by a problem, fault or under-capacity of the telephone and/or IT network operated by a third party or a problem with your computer equipment. 6.3 Cegedim disclaims all liability for any provision of incorrect information or misuse of the Portal. You are solely responsible for the control, quality, content and accuracy of the information you transmit to Cegedim via the Portal. Cegedim may not be held liable for any direct or indirect damage caused by your failure, default or negligence. Likewise, Cegedim may not be held liable for any direct or indirect damage caused by a failure to follow the advice and warnings given by Cegedim. Cegedim does not warrant that the information contained on the Portal is accurate and complete, in line with your professional requirements. Cegedim, as the company hosting the Portal, does not carry out any ex-ante controls on the content that you may add. Nevertheless, if unlawful or inappropriate content is reported, Cegedim may decide to take down the content and it may not be held liable for such acts. 6.4 Furthermore, Cegedim disclaims all liability for all kinds of direct or indirect, material or non-material damage connected to downloads, the content of downloadable documents or programs and the use of all or part of the information contained in the documents or programs downloaded from the Portal. Cegedim reminds you that you are required to maintain both your computer equipment and your Internet connection in good working order. 6.5 Neither Cegedim nor any other party involved in producing, supplying, designing or maintaining all or part of the Portal shall be liable, in any manner whatsoever, for any direct or indirect damage that may be sustained following your access to or use of a third party portal or in the event that you are unable to access a third party portal. 6.6 Cegedim reserves the right to refuse to activate or to disable a username and password at any time and without prior notice, in particular in the following cases:
- you provide Cegedim with false information during the registration process;
- you fail to provide it with information on changes to your status as a health professional;
- you are no longer authorised to access the Portal following the changes to your status;
- you disclose your password to a third party;
- you use the Portal in a fraudulent manner.
6.7 You are reminded that the content of
the BCB must be treated as a scientific work to be critically assessed by those using it, meaning that health professionals continue to be bound by the prescription, dispensing and administration duties imposed on them. Cegedim does not warrant that the information contained in the BCB is accurate and complete. Although extreme care is taken when planning the data and functionalities of the BCB, you are informed that owing to the complexity of this medicine database, Cegedim and RESIP disclaims all liability for any consequences that may arise from a prescribing, dispensing or administration error or, more generally, from use of the BCB. Accordingly, Cegedim may not be held liable for the consequences arising from your use of the BCB. 6.8 Within the framework of your authentication as a health professional, Cegedim may not be held liable if incorrect information is supplied or the Portal is misused. You are solely liable for the control, quality, content and accuracy of the information you transmit via the Portal for the purpose of creating your account.
7 INTELLECTUAL PROPERTY 7.1 The general structure, as well as the software, text, animated and still images, technology and any other components of the Portal, are the exclusive property of Cegedim, its sister companies, parent company or affiliates. You may not display or reproduce all or part of the Portal using any process whatsoever without Cegedim’s express permission. Any breach of the foregoing shall constitute infringement. Cegedim and its affiliated companies are the sole holders of the intellectual property rights in the databases that can be accessed from the Portal. Accordingly, you agree not to infringe, attempt to infringe or allow a THIRD PARTY to infringe the said rights. In addition to copyright, Cegedim and its affiliated companies have invested time and resources with a view to collecting, compiling and reformatting the databases and checking that they are relevant and updated. Accordingly, you agree not to reproduce, adapt, translate, modify, allow access to, make available, even free of charge, directly or indirectly, and even through negligence, all or part of the databases or their content. Moreover, you agree to implement such security measures as are necessary to prevent unauthorised persons from accessing the databases.
In all cases, you agree not to retrieve and/or reuse the content of the databases other than for the purpose of making contacts within the framework of the Docnet Portal. In particular, you may not sell, build up commercial or other types of databases, resell or redistribute the databases or any component thereof or allow a third party to do the same, even through negligence. 7.2 The trademarks of Cegedim and its sister companies, parent company and subsidiaries, as well as the logos appearing on the Portal, are all registered trademarks and accordingly, are the property of Cegedim and its sister companies, parent company and subsidiaries and/or the property of their partners. Accordingly, you may not reproduce all or part of these trademarks or logos without Cegedim’s express permission. 7.3 If you wish to add a link to the Docnet website, you must obtain Cegedim’s prior consent. Deep linking is prohibited. 7.4 THIRD PARTY ELEMENTS The Docnet website may host third party applications and/or contain links to third party websites. Cegedim has no control over the said third party elements. If you wish to access these third party elements, you will need to become familiar with the general terms and conditions applied by the said third parties and assume the duties and risks linked to such access. Cegedim will not, under any circumstances, be liable for your use of these third party elements and the consequences that may arise therefrom. Cegedim is not liable for the personal data that may be collected when you access these third party elements or for the way in which it may be used.
8 PERSONAL DATA Cegedim is acting as the data controller. Personal data is stored and used in a secure manner. If you close your Docnet user account, your data will be deleted. However, your personal data that was originally contained in other databases will not be deleted. Regular newsletters and information on our services will be sent to your registered e-mail address. Information on medicines and the pharmaceutical industry and, more generally, any information connected to the health sector may also be sent to your e-mail address or made available in your DocBox. Personal data provided when registering on the Portal and data connected to your login may be transferred to technical service providers, for the purposes of the OneKey Web Authentication service, as well as to Cegedim’s affiliated companies, customers and partners, both nationally and, where applicable, internationally, primarily for the purpose of running the Portal, managing visits by medical sales representatives, improving scientific communications, conducting statistical studies and accessing the BCB. If you wish to exercise your access or rectification or suppression rights, please send an e-mail (see “Contact” menu of the website) or send a letter by post to: put the local contact address
9. COMMERCIAL CONTENT Cegedim will not, under any circumstances, be liable for the content of advertisements or information published on Docnet by third party advertisers. Furthermore, the Portal may contain hyperlinks to other websites over which Cegedim has no control. Accordingly, Cegedim may not in any way be held liable for any direct or indirect damage resulting from the use of these websites or the said content.
10. USE OF COOKIES We use "cookies" to allow you to use the Docnet services but we also use session cookies. A cookie is a small piece of data stored on your computer, used to allow you to access certain functionalities on the Portal, such as login, display and searches. Cookies cannot be used to personally identify a user. They cannot be used to identify the browser installed on the computer from which you access Docnet. If you do not wish to accept cookies, you can set your browser to block cookies. Most browsers offer this option. For example: (1) in Internet Explorer, you can block all cookies by clicking the "Tools" button, then "Internet Options" and then "Privacy", and then moving the slider to "block all cookies"; (2) in Firefox, you can block all cookies by clicking "Tools", "Options", and removing the check mark from "accept cookies" in the "privacy" tab. However, if you decide to block all cookies this may have a negative impact on the usability of Docnet, as the Portal cannot operate correctly without cookies.
11. SEVERABILITY/NO WAIVER/NO ASSIGNMENT 11.1 In the event that one or more provisions of these Terms of Use are considered to be invalid or held to be invalid under a law, regulations or a final decision of a court of competent jurisdiction, the other provisions shall remain in full force and effect. In such a case, the parties agree to replace the clause that is null and void or invalid by a clause whose content is as close as possible to that of the originally agreed clause. 11.2 Any failure by Cegedim to require performance of any one of the provisions hereof for a certain period of time may not be construed as a waiver by Cegedim of its right to require performance thereof at a later date. 11.3 You may not assign or delegate all or part of your rights or obligations as set out herein.
12. GOVERNING LAW AND JURISDICTION THE GOVERNING LAW IS NORVEGIAN LAW. IF THE PARTIES FAIL TO REACH AN AMICABLE SETTLEMENT, ANY DISPUTE RELATING TO THE CONCLUSION, VALIDITY, PERFORMANCE OR INTERPRETATION OF THESE TERMS OF USE SHALL BE REFERRED TO THE OSLO COURTS OF COMPETENT JURISDICTION.
TermsPharmaPageText2TermsPharmaPageText3