Terms and conditions

1. Definitions

For the purpose of this Terms of Use (hereinafter: the “Terms of Use”) the following terms should be interpreted as mentioned below:

‘Application’; The Medbook Software as a Service (SaaS) application as developed and provided by MEDBOOK and which can be accessed via https://ihpba.medbook.com/login.
‘User’ and ‘you’: Anyone who, after registration, obtains access to and the right to use the Application.

2. About us

The Application is offered by: IMENGINE B.V.B.A. (hereafter “MEDBOOK”, “We” and “Us”)
Tiensevest 43
B-3010 Leuven
BELGIUM
Company number (VAT-BE): 0871.378.813. MEDBOOK wants its Application to keep evolving with the aim of ensuring ease of use for its Users. We will at all times take into account the feedback of our Users. We are open to tips, remarks and questions concerning our services and we promise to react swiftly to every message we receive. Please do not forget to always mention all useful contact information, so that we can provide you with to-the-point answers.
Phone: 016 96 11 60
E-mail: helpdesk@medbook.com

3. General provisions

The use of the Application goes hand in hand with certain rights and obligations as determined in these Terms of Use. The User is also expected to examine our Privacy Statement, our Cookie Policy and all other rights and obligations that are clearly mentioned on the Application.

Every User declares to be aware of the Terms of Use and to accept the full implementation thereof. In that respect, MEDBOOK urges every User to carefully study these Terms of Use prior to the use of the Application as well as in the event of any notified adjustments. If you do not agree to these Terms of Use, we recommend that you do not register or use the Application.

Anyone who uses our Application on behalf of a company or another legal entity is also personally bound to these Terms of Use as a User. This regardless of the existence of a separate agreement between MEDBOOK and the company or legal entity in question.

MEDBOOK is free to change its Terms of Use at any time. MEDBOOK shall notify the Users of any substantial changes at the latest one month before the changes come into effect. Your continued use of the Application following the notification of changes will mean that you accept and agree to the changes. The User who does not agree with the announced changes must object explicitly and in writing within fifteen (15) calendar days of receipt of the notification. The User who refuses to accept the new Terms of Use needs to deactivate his User Account. In such a case, there is no possibility of reimbursement of sums already paid.

These Terms of Use automatically apply to any update or upgrade that improves or enhances the current Application and becomes part of it in the future.

The User can always consult a copy of these Terms of Use online via ihpba.medbook.com and/or request a copy from MEDBOOK via the contact details mentioned above.

4. Registration

The User who wishes to gain access to certain functionalities and specific information on our Application has to register. In order to register, the User has to be at least sixteen (16) years old. It is fully at MEDBOOK’s discretion to determine the registration conditions and to change these conditions at any time.

When registering, the User has to create a personal profile (hereinafter “User Account”) on the basis of correct, truthful, up-to-date and complete information. The information requested in the input fields marked with an asterisk is mandatory for creating a User Account. It is the sole responsibility of the User to correct or erase outdated information in his/her User Account.

Every User Account is strictly individual, personal and confidential. The User cannot transfer his/her User Account to third parties without the explicit consent of MEDBOOK. The User is exclusively responsible for all actions performed by means of the User Account. The User must also guard the confidentiality of the User Account, including the login details. The User has to notify MEDBOOK about every infringement of the confidential character of his/her User Account. In such an event, MEDBOOK will take the necessary steps to restore confidentiality.

The User may at any time request the deletion of his User Account by means of an explicit and written request to helpdesk@medbook.com. The deletion of the User Account implies the termination of the right of use. In such a case, the User shall in no way be entitled to any form of refund.

5. Right of use

5.1 General

MEDBOOK grants the User the right to use the Application within the purposes of the Application. This right of use is non-exclusive, non-transferable and not subject to further (sub)licensing. Any right of use granted is always strictly personal. This right of use is limited in time (Article 6) and is granted against payment of a fee (Article 5).

The right of use implies access to and use of the standard version of the Application. The right of use commences when the User activates his personal User Account.

MEDBOOK wants to respond to the individual needs of each User. As a consequence, the actual extent of this right of use depends on a number of factors. Relevant factors in this respect are the quality and professional specialization of the User as well as the chosen additional functionalities.

5.2 Limitations to the right of use

The right of use is limited in the sense that the User should refrain from any actions that have or could have a harmful impact on the proper functioning and safety of the Application and the other Users and/or on the use of the Application. The use of the Application may not be in violation of these Terms of Use, the applicable law, the rights of third parties and/or the generally accepted Internet code of conduct.

The following actions are absolutely prohibited:

Using software programs that focus on the collection and acquisition of data. This includes spiders, crawlers, robots and similar software, but is obviously not limited to those listed.
Using the Application and its data for spamming, chain letters, junk mail and/or similar variations.
Stalking other Users and/or trying to convince them of political and/or religious beliefs.
Violating the confidential character of other User Accounts or accessing other User Accounts without authorisation.
Using a false or foreign identity and/or data upon the registration.

The above enumeration is in no way exhaustive.

The User has the ability to upload digital content on the Application. MEDBOOK guarantees the confidential treatment of the content added by User, and will not use this content for any other purpose than the one agreed upon in this agreement.

It is in any case not allowed to upload the following content on the Application:

Any kind of content that can be considered to be inappropriate or unlawful because of its illegal, unlawful, harmful, abusive, misleading, threatening, obscene, pornographic, offensive or racist nature and/or more generally because it is in conflict with the public morality or the public order. This content does not necessarily have to conflict with the applicable law or the rights of third parties to be regarded as inappropriate.
Content that violates intellectual property rights and portrait rights of MEDBOOK, other Users and/or third parties.
Content that is the result of, refers to and/or encourages the act of a criminally sanctioned offence.
Content that may cause or causes damage to other Users or MEDBOOK. The spread of harmful software such as computer viruses, malware, worms, trojans and cancelbots falls hereunder.
Proliferation of unsolicited and/or any form of commercial messages through the Application, including junk mail, spam and chain letters.

The above enumeration is in no way exhaustive.

In the event that certain content on our Application should entail an infringement of our Terms of Use, the applicable regulations and/or a violation of the rights of third parties, and/or simply is not acceptable, we ask you to notify us as soon as possible. We will act quickly to make sure the reported content is modified, supplemented or deleted (in part or completely).

5.3 Measures

MEDBOOK can take all necessary and reasonable measures when the User acts in violation of the Terms of Use, the applicable law, the rights of third Parties or the generally accepted Internet code of conduct. MEDBOOK preserves a large margin of appreciation to take punitive or remedial measures and to determine the scope of that measure. Measures will always be in proportion to the violation. Any conduct that is in any way unlawful or punishable by law may be subject to prosecution, regardless of whether the User is acting in bad faith or not.

MEDBOOK has the possibility to temporarily or permanently suspend the User’s right of use and to remove certain content. In addition, MEDBOOK can limit the general access of the User to the functionalities on the Application, in part or completely and temporarily or permanently. A suspension does not affect the User's obligations under these Terms of Use and does not affect MEDBOOK’s right to immediate termination.

When acquired by the situation, the abovementioned measures can be taken without prior warning. Measures taken shall not give rise to any form of refund, compensation or extension of the current Period of Use.

If the User finds that the measure taken is inappropriate or unfounded, he must bring this to the notice of MEDBOOK within fifteen (15) calendar days after the action has been taken. MEDBOOK will take these arguments into account upon assessment without being obliged to nullify the original measure(s).

6. Our obligations

6.1 Accessibility

The User is granted a right of access to the Application, which allows him to consult, supplement and download his data. MEDBOOK is committed to ensuring uninterrupted access to the Application to the best of its ability. MEDBOOK has taken all technical, non-technical and organizational measures that are necessary and reasonable to guarantee this commitment. As far as possible, interruptions and malfunctions are always rectified in the short term. The above commitments should be considered as an obligation of means.

Users can also rely on MEDBOOK’s support desk if they have any questions or comments regarding accessibility. This support is provided under the conditions described in article 2.5. MEDBOOK cannot be held responsible for the lack of access as a result of improper behavior on the part of the User himself.

It is the sole responsibility of the User to take all possible measures to receive the MEDBOOK services. In order for Users to enjoy the full accessibility of the Application, Users need to acquire the necessary specified hardware, (browser) software and telecommunication facilities in advance. The equipment and software used must meet the clearly communicated system requirements.

6.2 Proper functioning and safety

Users can rely on the proper functioning and safety of the Application. Within the limits of its possibilities, MEDBOOK has taken all technical, non-technical and organizational measures necessary and reasonable to guarantee this. In addition to preventive measures, MEDBOOK will take all reasonable and possible corrective measures as soon as the proper functioning and safety of the Application is compromised. As far as possible and necessary, MEDBOOK will inform the User immediately of any possible safety risks and actions to be taken.

Since our services often depend on external factors (the Internet, third parties, etc.), it is not possible for MEDBOOK to give absolute guarantees in this respect. The above engagements should therefore be considered as an obligation of means. The User acknowledges and accepts that the Application can never be completely free from imperfections and that not all imperfections can be repaired.

It also remains the responsibility of the User to protect his equipment, software, telecommunications and internet connection in an adequate manner against viruses, computer crime and unlawful use by third parties.

6.3 Data hosting

MEDBOOK provides the User with the necessary virtual space to store data, information and files. Each User is assigned 150 Mb of virtual space by default, unless mutually agreed otherwise.

The User can be confident that MEDBOOK has taken all reasonable measures to protect the uploaded content from accidental or unlawful destruction, accidental loss, alteration, unauthorized disclosure, and access.

In addition, MEDBOOK makes a backup of the contents on the Application on a regular basis. However, MEDBOOK remains free to determine the frequency of these backups.

6.4 Maintenance, updates and support

Finally, MEDBOOK keeps the quality of the Application high by performing maintenance operations and updates on a regular basis. In order to be able to offer the User an optimal user-experience, MEDBOOK reserves the right to perform these maintenance operations and updates at any time. The maintenance operations, adjustments and improvements to the Application can have a temporary impact on the accessibility and proper functioning of the Application. As far as possible and/or useful, MEDBOOK will inform the User in advance of any scheduled maintenance operations or updates.

Users can always rely on the support provided by MEDBOOK. MEDBOOK undertakes to always provide a clear and adequate answer to any relevant questions or comments of Users, in order to contribute to the solution of any problem that may arise. Questions and comments must always be submitted in writing via email to helpdesk@medbook.com.

Support is provided by MEDBOOK employees or a third party designated for this purpose. Support is only provided during working hours, i.e. from Monday to Friday between 9:00 and 16:00.

6.5 Information on the Application

MEDBOOK takes all necessary and reasonable measures to ensure that the information presented on the Application is complete, correct, up-to-date and accurate. However, MEDBOOK cannot give any guarantees with regard to the quality and completeness of the information on the Application. As a consequence, MEDBOOK cannot be held liable for (direct and indirect) damages suffered by the User as a result of the information on the Application.

7. Payment

The right of use is granted to the User subject to the payment of an annual fee to MEDBOOK. Our rates towards consumers are inclusive of VAT. Our rates for professional customers are exclusive of VAT. Our rates are always expressly stated prior to registration and payment.

The User can be confident that MEDBOOK will charge the same fees for the standard version of the Application for a period of at least three years from the date of activation. This does not affect the possibility of an indexation on the basis of the Index of Consumer Prices Index (Dutch: consumptieprijsindex or CPI) as determined and published annually by the FPS of Economy (Dutch: FOD Economie).

If the User wishes to use a new version of the Application, additional functionalities and/or a personalized version, an additional fee may be charged. The fees for additional functionalities can be adjusted at any time. The new rates will of course only apply, after adjustment, to any subsequent Period of Use and not for the current period of use.

All fees are always payable in advance. The activation of the User Account takes place immediately after receipt of payment of the fee due. Derogations are possible in the case of third-party payment agreements in which MEDBOOK itself will create User Accounts for Users.

Payment shall be done exclusively by means of the payment methods mentioned on the website ihpba.medbook.com or by means of a third-party payment agreement. Third-party payment means that a third party will pay the required fee on behalf of the User in order to obtain the right of use for a certain period of time, for the benefit of the User.

MEDBOOK relies on accredited payment partners and credit card issuers to ensure the security of online transactions. The online payment is carried out via a closed security system, with which your bank details are always encrypted when they are sent over the internet (SSL). Loss or theft of your identity or credit card data is thus limited to a minimum. MEDBOOK believes it has taken all possible and relevant precautions and is therefore acting as a normal and careful online intermediary. Therefore, MEDBOOK cannot be held liable for any identity theft or financial theft.

If a certain payment method with a credit card is chosen, the conditions of the respective card issuer apply to this payment method. MEDBOOK is not a contractual party in the relationship between the User and the card issuer.

8. Duration and termination of the right of use

The period for which the right of use is granted (hereafter: the “Period of Use”) is one (1) year, unless otherwise agreed. When approaching the end of the Period of Use, MEDBOOK will notify this to the User. The User can extend his right of use for a further Period of Use by paying the fee. If the extension does not take place within the expiring Period of Use, the User will only receive a new right of use as from the reactivation of his User Account. The User may at any time decide to terminate his right of use by not extending the Period of Use.

If the User deactivates his User Account, this will result in the termination of the right of use. However, this does not mean that the User Account and its content will be deleted immediately and irrevocably. MEDBOOK considers it important not to delete this data immediately and therefore retains this data for a period of ten (10) years following the deactivation.

9. Intellectual property

9.1. Regarding the Application

The Application and the associated software and database are protected by the relevant intellectual property rights, being copyright, software rights, database rights and all other intellectual and industrial property rights. These proprietary rights belong exclusively to MEDBOOK.

Within the framework of the right of use granted, the User has a limited, revocable and non-exclusive license to access the Application and to make personal use of it. The User is not permitted to act outside of these rights without the express permission of MEDBOOK. There is no partial or complete transfer of intellectual property rights.

The User is not permitted to distribute, commercialize, sell or rent the service and/or its content, to make it available to or to multiply it in any other way. Nor may he remove, adapt or modify any notices relating to copyright, trademark law or any other intellectual property right, or make it unclear.

The name MEDBOOK is trademark protected as it is registered as a European trade mark under number 011404746 with the Trademarks and Designs Registration Office of the European Union.

9.2. Regarding the content of Users and third parties

The User remains the owner of the data he places on the Application. By adding the content, the User merely grants MEDBOOK a worldwide, non-exclusive, assignable, (sub)licensable and royalty-free license to use the content within the purpose of the Application. MEDBOOK therefore has the right to communicate and/or reproduce the content to the public, but in no case does MEDBOOK become the owner of the content, which remains the sole property of the User.

This also means that MEDBOOK is not liable for any infringement of the intellectual property rights of a third party by the User. In such a case, the User must indemnify MEDBOOK against any form of damage it may suffer as a result. In the event of such a violation being established, one is obliged to report it to helpdesk@medbook.com as soon as possible.

10. Privacy

MEDBOOK attaches great importance to privacy. That is why we want to inform our Users, to the fullest extent possible, about our policy concerning personal data. The User can be rest assured that MEDBOOK takes the utmost care when processing personal data. MEDBOOK guarantees that the processing and collection of personal data will at any time be done in accordance with the EU Regulation of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (General Data Protection Regulation or GDPR).

Anyone who uses our Application will in most cases disclose certain personal information. Personal data is collected and processed to the extent that it is necessary for the proper functioning of the Application. The personal data is exclusively processed for internal use within MEDBOOK. MEDBOOK declares having taken all appropriate legal and technical precautions to avoid any unauthorized access and use. Providing incorrect or false personal data is considered to be a violation of the Terms of Use.

For more information about the guarantees with regard to the protection of your personal data, we kindly refer you to our Privacy Statement.

11. Liability, indemnification and force majeure

MEDBOOK is in no way liable in contract, tort (including negligence or breach of statutory duty) or otherwise howsoever and whatever the cause thereof for any indirect, consequential, collateral, special or incidental loss or damage suffered or incurred by you resulting from or in connection with the Application and the services offered in the Application, your access to, use of or inability to use the Application or the services offered in the Application, reliance on or downloading from the Application and/or services, or any delays, inaccuracies in the information or in its transmission. Indirect damages include, without limitation, any kind of consequential damages, lost profits, financial or commercial losses, increasing overall costs, increased personnel costs, damages for loss of clients and/or potential, anticipated savings or business, loss of data or goodwill, loss of use or value of any equipment including software, claims of third parties, and all associated and incidental costs and expenses.

MEDBOOK is not liable for any kind of loss and/or damages on the part of the User or a third party as long as MEDBOOK acts in accordance with its Terms of Use and its Privacy Statement. In addition, MEDBOOK is in no way liable for the actions and the resulting damages caused by its Users and/or third parties.

If MEDBOOK is prevented to fulfil all or part of its obligations due to circumstances beyond its control, there will be force majeure. Force majeure is interpreted very broadly and also includes the acts of third parties. MEDBOOK is in that case entitled to suspend its obligations for the duration of the force majeure.

In the event that the liability of MEDBOOK is at stake as a result of a shortcoming imputable to User and MEDBOOK suffers any damages, losses or costs (including costs for legal aid), the User has to indemnify and keep us indemnified against any claim, action, suit or proceeding brought or threatened to be brought against us

12. Miscellaneous

MEDBOOK may transfer or outsource its rights or obligations under these Terms of Use to a subsidiary or to a third party engaged for this purpose. This is possible without the consent of the User and without giving rise to any compensation.

These Terms of Use are exclusively governed and interpreted in accordance with Belgian law.

The nullity or invalidity of (a part of) a provision of these Terms of Use does not affect the applicability of the remaining provisions. The disputed provision is considered to stand alone. MEDBOOK has the right to replace the provision by a valid provision of similar purpose. The use of (sub-)titles in the Terms of Use has a purely illustrative value.

These Terms of Use are exclusively governed and interpreted in accordance with Belgian law.

In case of dispute concerning the validity, interpretation, enforcement and performance of these Terms of Use, parties are committed to resolve disputes as much as possible in mutual consent. If no amicable solution can be achieved, disputes shall be submitted exclusively to the competent court of the judicial district in which the registered office of MEDBOOK is located.

Edited: 24 May 2018

Besoin d’aide ? Envoyer un e-mail à helpdesk@medbook.com.