MediPass terms and conditions

Subject to specific regulations, these conditions define the legal relationship between the user and the MediPass service provided by Santor Edition. We recommend that you print these MediPass conditions and keep a copy. Please read the following terms and conditions which apply to every visitor to this site.

Preamble
Santor Edition SARL, whose head office is located at 65, rue Aguesseau, 92100 Boulogne-Billancourt, France, and is registered at the Nanterre Trade and Companies Register under the number 50048065200014, offers healthcare website operators an access-control service to pages containing information only for healthcare professionals. MediPass delivers a login and password to authorized persons and checks their identity when they connect to healthcare websites protected by MediPass. In this way, MediPass connects publishers of medical information and applicants.

Art. 1 - General
The purpose of these Terms of Use is the allocation and use of a MediPass login and password and use of MediPass services.

Art. 2 - Assigning a login and password
(1) Only physical or legal persons capable of performing legal acts and who are healthcare professionals or who work in the healthcare sector (hereafter referred to as “users”) may use the MediPass service .
(2) The user can benefit from MediPass services provided that he has been authorized by MediPass. For this, the applicant must complete a registration form from MediPass to obtain an individual login and password. The form may be accessed on www.medipass.fr and/or on affiliated websites. The applicant will provide the information requested, ensuring that it is correct and complete. MediPass verifies that the applicant is a healthcare professional or belongs to a group of authorized people in the following manner: proof of professional status sent by fax, or a scanned document via email or by post. This proof may be a copy of a professional card, a cancelled medical prescription form, stamped and signed, a copy of a registration certificate from a National Medical Association, or another type of professional certification.
In most cases, this proof should be faxed to Santor Edition on +33 158171710.
The applicant will be notified by email that he is authorized to use his MediPass login and password and that it has been activated. The verification of the user’s professional status and the activation of the login and password is performed without cost by MediPass. The applicant may not demand MediPass to deliver and activate a login and password. MediPass reserves the right, at any time and without notice, not to activate or to deactivate a MediPass login and password, particularly in the following cases:
a. the applicant provides false information to MediPass during registration;
b. the login and/or password is communicated to a third party;
c. the user makes improper use of MediPass services.
Each user has the right at any time to cancel his registration by informing MediPass in writing. In this case, all private personal data recorded by MediPass will be deleted at the latest one month after receipt of the written request. In principle, the MediPass login and password remains activated as long as necessary for the purposes of fulfilling the contract.
The user's login and password will be disabled if any of the conditions mentioned in Art. 1 of these conditions no longer applies. The user must inform MediPass immediately of any change in his situation that may affect the conditions of Art. 1.

Art. 3 - Login and password Use
(1) Use of the MediPass login and password is strictly personal. Users must ensure that it is not used by a third party. Should the password be communicated to a third party, the user will bear sole responsibility for any injury or damage that may result from the use of the password. The site operator will in no way have recourse against MediPass if this obligation is not respected.
(2) Permission to access a site using a MediPass password depends on access options decided upon by the site operator. The operator decides which occupations in the healthcare sector can have access to protected content on the website. The user may thus be denied access to protected content because his profession does not figure in the list of healthcare professions authorized by the site operator. Any complaint regarding such a refusal should be addressed directly to the operator of the site.

Art. 4 – MediPass Service Users
MediPass can give the user access to various services including advertising, forums, online dictionaries, directories, MediPoster, MediCongres, MediAbstract, Medilearning (CME), and other home-page, blog, mail and accommodation services.
These "user services" are for private use. Any commercial use without the express permission of MediPass is prohibited.
MediPass reserves the right to shorten, summarize, or reorganize the content of user services at any time without the prior consent of the user.
MediPass also reserves the right to delete any content, in particular commercial content, that is illegal, or contrary to press regulations, codes of professional and ethical conduct, or that can damage the reputation of MediPass.
MediPass reserves the right to limit or close down its user services at any time without explanation, for example, for technical or economic reasons.
Data transmitted to MediPass as part of user services will be stored by MediPass for the duration of the service, then erased. MediPass will not make back-up copies of the data; if the user wants to keep these data, the user should save them himself.

Art. 5 - "MediPass Tehoo" : MediPass offers its users a platform that allows them to exchange contacts. By registering for "MediPass Tehoo", the user agrees for his primary data (title, firstname, surname, postal code, location, and occupation) and his profile photo to be visible to third parties on the MediPass Tehoo website. This means that the user may be found by other MediPass users, colleagues or patients. In addition, each user determines which sections of his profile can be viewed and by whom. MediPass does not intervene in the actual content of any communication between its users. Should a contract be established between users following contact via a MediPass website, MediPass cannot be part of it and as such is not a contracting party. Only users are responsible for the conduct and performance of contracts between them. If users are not able to contact each other via a MediPass website and within the context of a contract, MediPass cannot be held responsible. MediPass is not responsible for any failure to respect the clauses of such contracts between users, nor for any information or recommendations (especially treatment recommendations) which may have been communicated between users or third parties via MediPass Tehoo.
Each user is responsible for his profile on MediPass Tehoo. MediPass acts only as a messenger of such information. The user must ensure that his information is correct and causes no legal prejudice to others.
The user ensures that his profile photos on MediPass Tehoo are clear and recognizable, and correspond to his current physical appearance. The user ensures that he is authorized to publish the photos he choses to post on MediPass websites. It is forbidden to put pictures or reproductions of other persons, fictional persons, or other beings (avatars, animals, whimsical characters, etc.). Pictures of the user may not contain a corporate logo.

The user has no right to engage in the following activities:
- Sending chain letters;
- Sending identical private messages to several users simultaneously;
- Operating or promoting multi-level marketing systems (such as Multi-Level Marketing or Multi-Level-Marketing-Networks);
- Engaging in derogatory communication or of a sexual nature (explicit or implicit);
- Using mechanisms, software or scripts in connection with the use of MediPass websites. The user can, however, use the interfaces or software programs that are made available as part of the services offered on the MediPass websites:
- Blocking, modifying, or copying content to the extent that this is not required for the proper functioning of MediPass websites services. Copying, as done by search engine technology, caching for example, is not required for the use of services on MediPass websites and is, therefore, prohibited.
- Disseminating and publishing of content or users of MediPass sites;
- Performing any action that may affect the functionality of the MediPass infrastructure.

Art. 6 - MediPass e-Services
Among MediPass services, the user may decide to participate in online market research or surveys, or to access product information, etc.
During participation in e-marketing services, the user may receive remuneration. Any remuneration will be paid into the user’s client account, if he has one.
By registering, the user chooses to accept or not MediPass e-services. Users can unsubscribe at any time by visiting the site www.medipass.fr and/or affiliated sites.
No data provided by users will be transmitted to third parties without their explicit consent.
Further information is detailed for each e-marketing services in the dedicated section.

Art. 7 - MediPass emails
To provide the MediPass access control service for free, all information on user data, passwords and accounts will be forwarded by email. The user declares that he accepts these conditions for registration for the MediPass access control service.
It should be noted that as part of its services, MediPass will inform registered users by email of new services available from MediPass or its partners. These emails will give information on special events, new services, and special offers, etc. These emails may also contain advertising for products or services. Users can unsubscribe at any time by changing their preferences on www.MediPass.fr

Art. 8 - MediPass e-commerce services
The use of e-commerce services in MediPass will be subject to their own terms and conditions.

Art. 9 – Use of data
MediPass is committed to respecting rights and obligations of the French Information Technology, Data Files and Civil Liberties Act of 6 January 1978. The treatment of data has been declared to the French Data Protection Authority, the “CNIL”. Except for in special cases, users’ personal data is collected, modified and stored to the extent required by the MediPass services in which users are participating. MediPass does not transmit personal data on its users except in the context of its legal obligations (and in this case only to authorized agencies) or with the prior explicit consent of the user.
MediPass may be required to compile statistics on the frequency of use of MediPass services. This information is anonymous. MediPass does not use any of its users’ personal data for commercial purposes, as in the sale of an address file.
Users can, at any time, consult their private personal data stored by MediPass by addressing to the CNIL correspondant at cil@santor.net.
More details can be found in the "Data Protection" section of MediPass.

Art. 10 - Limitation of Liability
As required by law, MediPass is fully responsible for damages caused by a decision, to negligence or serious misconduct by its legal representative or any of its executives, or even due to the quality of a service that was guaranteed by MediPass but that was not correctly carried out. In addition to and irrespective of the legal context, MediPass is liable for damage caused due to an essential contractual duty having not been performed by its legal representative or one of its executives and which endanger the outcome of the contract.
MediPass declines any liability for consequential or incidental damages caused by the user, due to, for example:
a. the user transmitting false information;
b. an abnormal functioning of MediPass services independent of the cause of the error;
c. poor dissemination of information or failure of the print command or data loss,
d. damage related to the use of MediPass, unless the damage is due to a decision or negligence by the legal representative or an executive of MediPass.
In the case of the second sentence of paragraph 1, liability of MediPass is in any case limited to the normal damage for the service in question, damage which could have been anticipated by MediPass at the conclusion of the contract and due to circumstances known at that time.
MediPass cannot be held responsible for lack of commercial success, for unmade profit or savings, for incidental or consequential damages and for claims from third parties.
Subject to special rules, MediPass is only liable for loss of data and their recovery if such a loss could not have been prevented by appropriate measures for securing data by the client, and to the extent that the data are readable by a machine on appropriate equipment and can be reconstituted within the limit of an acceptable investment.
MediPass will in no way be held liable if the user has personally transgressed certain legal provisions in connection with the use of MediPass services. For example, if the user has gone against the regulations on unfair competition, laws on information and communication, on industrial property and brand protection, or any other regulations in force.
Data transmitted over the Internet can be viewed by non-authorized persons. Technically skilled users of Internet can access, read and modify data not intended for them. MediPass declines any liability for the consequences of such an act.
MediPass will not be liable for loss or damage occurred in the context of events or circumstances that have taken place outside its sphere of influence; this applies in particular to the services provided by Deutsche Telekom and other service corporations for the operation of external routers to the MediPass network and the condition of the fiber-optic network.
For content produced by users or identifiable third parties on a website, especially for website content to which MediPass has established a link, the user in question, the third party or the operator of the website is responsible for any such content. MediPass does not verify the integrity and accuracy of the content or if they are in accordance with legal provisions in force.
The aforementioned limitations of liability also apply in essence to MediPass employees and agents. Liability for damage caused by the latter is also limited to normal damages caused by a decision or negligence regarding the service in question, damage that could have been anticipated by MediPass at the conclusion of the contract and due to circumstances known at that date. MediPass bears no responsibility for damages due to a non-essential contractual duty incurred by an employee or agent of MediPass.

Art. 11 - Legal Protection of Industrial/Intellectual Property
All trademarks, logos, text, images and illustrations on MediPass websites (hereafter "MediPass property") have been filed and cannot be modified.
Use of MediPass property in a context other than those mentioned in these conditions is strictly forbidden. They cannot be transmitted to third parties or made accessible to third parties or be used for commercial purposes by a third party.

Art. 12 - Applicable law
The www.medipass.fr website was designed and is hosted in France.
The completion of the services described in Art. 2 and the Terms of Use are governed by French law. In case of dispute, French courts will have jurisdiction.

Art. 13 - Miscellaneous
MediPass reserves the right to modify these Terms of Use at any time. In this case, MediPass will communicate these changes as quickly to all users. The user will be able to refuse these within 1 (one) month. Beyond this deadline, the new conditions will be viewed as accepted by the user. Users will be informed in detail about this procedure when changes are communicated to them by MediPass.
The competent court is the Court of Nanterre, France.
In the event that certain provisions of this contract may not be, either in part or in full, applicable in law or may lose their legal basis, the other provisions of this contract will nevertheless continue to apply. In this case, the parties will agree on another provision which will replace the non-applicable provision and which, if permitted by law, has the same economic purpose as the old provision and takes into account the interests of each party. This is also the case if the contract were to contain a flaw that the parties had not foreseen.

Conflicts of interest

MediPass terms and conditions