The use of following concepts in our general Terms and Conditions should be understood as:
The end-user will always find a copy of these terms via our website www.medbook.com.
This agreement assigns the end-user a right to use the application Medbook, which includes the access and use of the standard version. Medbook, furthermore, responds to the individual needs of each end-user by offering different modules to the accessible version. These modules depend on the capacity and professional specialization of the end-user as well as the selected additional functionalities.
Imengine grants the end-user his right to use the application Medbook within the objectives of the application by way of a license. This license is non-exclusive, non-transferable and cannot be subject to further (sub-) license. Every license granted is always strictly personal. This right of use is limited in time (Article 6) and is provided for a fee (Article 5).
The granted right of use includes the following;
The end-user has a right to the registration and activation of his end-user account. Each end-user account is a unique and strictly individual as it grants the end-user access to the application. The right of use shall commence as soon as Imengine activates the end-user account.
The end-user is solely responsible to fill out and apply his end-user account. The end-user must ensure that the provided account-information is characterised as truthful, complete and up-to-date. The end-user must indicate an email account that enables Imengine to contact the end-user quickly and communicate with him efficiently.
The login data of the end-user account should at all times remain strictly personal, non-transferable and may not be used by anyone other than the end-user. The end-user is solely responsible for the careful handling of his login data and, consequently, for the confidentiality of its end-user account. The end-user remains at all times fully responsible for all actions performed within the end-user account.
The end-user should make an explicit and written notification towards Imengine if he suspects or finds a breach of this account confidentiality. Imengine will gladly undertake all necessary actions to ensure the confidentiality of the end-user account.
The end-user may request the removal of his end-user account at any time, by way of an express written request towards email@example.com. The removal implies the termination of this Agreement but shall not give rise to any form of compensation or refund.
The end-user is given the right to access the application, which enables him to consult, supplement and download his data. Imengine pursues the continuous accessibility of Medbook to its best efforts. Imengine has applied all technical, non-technical and organizational measures that are necessary and reasonable to ensure this commitment. Interruptions and failures are always recovered within short term, if possible. These commitments should be understood as being an obligation of means.
The end-user can rely on support from Imengine if they are confronted with questions or comments regarding the accessibility. This support is provided under the conditions described in section 2.5. Imengine, however, cannot be held responsible for the lack of accessibility due to improper behaviour of the end-user.
Imengine expects its end-users to take notice of the required specified hardware, (browser) software and telecommunication facilities so that end-users can enjoy our guarantees on accessibility. It is the sole responsibility of the end-user to take all possible measures that enable the reception of our application.
The end-user can rely on the proper operation and safe nature of our application. Imengine has applied all technical, non-technical and organizational measures that are necessary and reasonable to ensure this commitment. In addition to the preventive measures, Imengine shall also take all reasonable and possible remedial measures once the proper operation and safe nature of Medbook compromised. Imengine will inform the end-user immediately about the potential risks and required action, to the extent that this is possible and necessary.
For our online services depend on several external factors, such as the internet and third parties, it is not possible for Imengine provide absolute guarantees about the proper functioning and safety. The above-mentioned commitments should be understood as being an obligation of means. The end-user acknowledges and accepts that Medbook can never be completely free of imperfections and that not all defects can be repaired.
The end-user remains responsible to provide adequate protection of his hardware, (browser) software and telecommunication facilities against viruses, computer crime and unlawful use by third parties.
Medbook provides the end-user the necessary virtual space available for storage of data, information and other files ("content"). Each end-user receives standard 150 MB dedicated virtual space, except individual deviations.
The end-user can rely on Imengine to have taken all reasonable steps that protect the added contents against accidental or unlawful destruction or accidental loss, modification, unauthorized disclosure and access.
Imengine, furthermore, provides a regular back up of the content stored at Medbook. A regular back up should be understood as at least one backup per hour. Imengine is free to determine the frequency of this backup.
Imengine aims to provide a high-quality application by performing regular maintenance activities and updates. Imengine has the ability to perform such activities and updates at all times in order to serve the end-user at best. Maintenance operations, modifications and improvements to the application may have a temporary impact on the accessibility and proper functioning of the application. Imengine will inform the user at least 24 hours prior to the execution of such actions, to the extent possible and/or useful.
The end-user can always rely on the support provided by Imengine. Imengine will provide a clear and satisfactory answer and/or solution to every relevant question or comment. Questions and comments should be made in writing via email: firstname.lastname@example.org.
The support is provided by Imengine employees or by a designated third party. We only provide support during working hours, i.e. from Monday to Friday between 10:00 and 16:00. No support is provided during public holidays and prior- announced holidays.
The end-user agrees to only use Medbook in accordance with the original objectives of the online application. The End-User is not allowed to use the application in a manner that is contrary to applicable legal provisions, morality or public order, the rights of third parties and the provisions of this Agreement. The end-user must refrain from any unlawful infringement with regard to the application and its content. The end-user must furthermore refrain from any action or omission that may constitute a disruptive impact or disruption to the accessibility, safety and proper functioning of Medbook.
The end-user must, in any case, refrain from the following;
The above list is indicative and non-exhaustive.
The End-User must refrain from any use that is significantly higher than the use of an average End-User of our application and additional services, so called excessive use. This is necessary because of the risk of harmful network or system overload of our application and services. Imengine will, in case of excessive use, inform the End-User about his behaviour and ensure to take the necessary steps to reduce its use. The parties must enter into mediation in order to find a solution upon written request of Imengine, if the overload is of a structural nature. Imengine reserves the right to suspend its obligations under these Terms & Conditions in order to guarantee the quality use of other end-users.
The end-user is solely responsible for his uploaded content. The end-user must refrain from uploading the following content;
The above list is indicative and non-exhaustive.
Imengine does not provide continuous supervision of the uploaded content, nor does Imengine takes account of the uploaded content. Yet, Imengine remains as a ‘hosting provider', within the meaning of Article 14 EU E-commerce directive (200/31/EC) and Article 20 of the Belgian Law on Information Society Services, responsible to remove certain problematic content at the request of a third party or a competent authority or if Imengine determines that the content is illegal or violates the rights of third parties. The content can be removed at any time and without prior notice.
The license is granted in consideration for payment of the annual Licence Fee. All Fees are presented exclusive of VAT and/or other taxes and charges. All Fees are presented in EURO and should also be paid in EURO.
The end-user can be confident that Imengine will apply the same rates for the standard version of Medbook for a period of at least three years, starting from the date of activation. This guarantee does not affect the ability to perform a price indexation based on the Agoria index. Any changes due to additional functionalities and / or customized versions will be charged.
Imengine is able to adjust the fees for additional functionalities at all times. An adjustment will only apply to future license-renewals.
The License fees are payable in advance. Imengine activates the end-user-account immediately upon receipt of payment. Payment is done exclusively through the payment methods available via the website www.medbook.com or through a third party payment-agreement.
Imengine ensures a safe online payment by way of Security-measures via SSL. Imengine utilizes qualified payment partners and credit card issuers to ensure the security of online transactions. The risks of a loss or theft of your identity or credit card information is reduced to a minimum. Imengine believes to have taken all possible and appropriate precautions as a normal-sighted and careful online intermediary. Imengine is not responsible for any possible identity theft or financial theft.
The license granted by this agreement is valid for a fixed period of one (1) year, starting from the moment of activation of the application. Imengine will inform the end-user upon expiration of the fixed period. The license will be renewed for a fixed period of one (1) year after payment of the fee. The end-user is required to re-activate his user-account if he fails to renew the license period upon expiration. The end-user can always decide to put an end to this agreement by not renewing his license.
Either party may terminate the agreement with immediate effect if the other party is accountable for a ponderous or repeated violation of the obligations under this agreement. The party that wishes to invoke such termination must notify the deficient party by way of a registered letter, providing the opportunity to fulfil the obligations within a reasonable time if useful. The termination shall be without prejudice to the other rights of the invoking party, including the right to claim compensation for damages suffered as a result of your breach of the obligations.
Imengine may decide to temporarily block the end-user account at any time and immediately, if there is a valid ground to do so. A valid ground includes a (threatening) breach of the commitments under this agreement or a failure on the general duty of care on the side of the end-user. A legitimate blocking does not give rise to any form of refund, compensation or extension of the original license-duration. Suspension also does not affect the obligations of the end-user under this agreement and shall not affect the right to an immediate termination by Imengine.
Either party has the right to terminate this agreement immediately, unilaterally and without notification by means of a registered letter if one of the parties does no longer meet the requirements of the agreement for a period of two months or more due to a situation of bankruptcy or debt settlement. The deficient party will remain obliged to fulfil all its obligations at the time of the date of the letter.
A de-activation of the account by the end-user will result in termination of this agreement. This does not imply that the account-settings and uploaded content are removed immediately and irrevocably. Imengine considers it important not to delete this data immediately and will, therefore, store the information for a period of sixty calendar days following the deactivation.
The application Medbook and the associated software and database are protected as intellectual property by way of, i.e., copyright, the law on the protection of software and databases and all other applicable intellectual and industrial property rights. These rights belong to Imengine in an exclusive manner.
Under the granted license, the end-user receives a limited, revocable, and nonexclusive license to use the application. The end-user is not allowed to act beyond the limitations of these granted rights without express permission from Imengine. There is no (partial or complete) transfer of intellectual property rights in favour of the end-user.
The end-user is not allowed to (re-)distribute , commercialize, sell or rent, make available to or reproduce in any other way our application and its content. The end-user is not allowed to alter or delete any communications with regard to Imengine’s trademark, copyright or any other intellectual property rights.
The trademarks “Medbook” and “Imengine” are protected by law. The trademark Medbook is registered as a European trademark under trademark reg.n° 011404746.
The end-user retains the ownership of the data that is uploaded on Medbook. By uploading content on the application, the end-user provides Imengine a worldwide, non-exclusive, transferable, (sub-) licensable, royalty-free license to use the content in order to provide the application’s functioning. Medbook will have a limited right to reproduce and disclose the contents to the public, but Medbook will in no way receive ownership of the content.
Imengine is not responsible for any of the end-user’s infringements of intellectual property rights of a third party. The end-user must safeguard Imengine from any form of damage in case of an infringement. The end-user is, furthermore, required to report an infringement via email@example.com as soon as possible.
Every Consumer (cfr. Any natural person in the capacity of Purchaser who is acting for purposes which are outside his trade, business or profession.) has a right of withdrawal if the following conditions are met. The right of withdrawal provides the consumer with the possibility to decide that he does not agree with the purchase, without the need to motivate this decision. The consumer is not required to pay any penalty or fee for the use of his right of withdrawal. The consumer must use his right of withdrawal within 14 calendar days from the day following the delivery of the product/service.
The consumer who wishes to invoke the right of withdrawal must always his decision express and unambiguous in a written statement. It is up to the consumer to prove that he can rely on his right. The following information must always be clearly communicated:
Imengine will shut down the access to the application as soon as the consumer has notified Imengine the use of this right of withdrawal in the prescribed manner. Imengine will take care of the reimbursement of any amounts already paid. This reimbursement will take place without undue delay and certainly no later than 14 calendar days. The reimbursement will be done by way of the same payment method as used in the original transaction, unless the consumer has expressly agreed otherwise. No fees will be charged for the reimbursement.
The consumer has no right of withdrawal if the above conditions are not met. Imengine expects the end-user to comply with his obligations under this agreement, in that case.
Every end-user of our application provides Imengine a number of personal data. The number and quality of personal data depends on the input provided by the end-user. Imengine considers the protection of privacy and personal data of utmost importance; that is why you Imengine has taken all measures necessary to inform you in the most comprehensive manner about our data processing. We therefore refer you to our Privacy Statement.
Imengine, its directors and employees are in no way liable for the actions of end-users and third parties and the resulting damages thereof. Imengine is only liable for any her attributable major or repeated minor contractual and/or non-contractual breach caused in the performance of its obligations under this Agreement. Imengine will be in such circumstances responsible for acts of its employees, legal representatives and directly engaged third parties. This liability is limited to direct damages resulting from the breach and is in any case limited to a total amount of € 150.
Imengine is not liable for any indirect damages. Indirect damages must be understood as any form of consequential damages, such as lost profits, financial or commercial loss, increased overall costs, increased personnel costs, damages due to loss of clients and suchlike damages. This list is not exhaustive. Imengine is not liable for any damages due to the destruction and/or loss of data and/or documents. Abovementioned restrictions are not valid in case of fraud or wilful misconduct.
The end-user who compromises the contractual or non-contractual liability of Imengine shall take all necessary measures to safeguard Imengine of any possible claims and damages that they may thereby incur.
Any shortcoming with regard to accessibility shall, by way of compensation, be settled by manner of a discount upon renewal of the end-user account.
Imengine is not liable if the end-user makes use of third-party software which has an impact on the proper functioning of Medbook. The use of such software is always at own risk.
Imengine excludes its liability for the costs due to reproduction of corrupted or lost data.
Imengine is not obliged to fulfil its obligations in case of force majeure. Force majeure concerns any situation in which the execution of this Agreement is, wholly or partly, prevented due to a situation that was previously unforeseeable or, if foreseeable, insurmountable. In such case, all obligations of Imengine arising from this Agreement shall be wholly or partially suspended for the duration of the force majeure situation. Imengine is not liable for any damages due to the force majeure.
Either party has the right to terminate this Agreement immediately, unilaterally and without further ado by means of a registered letter, if the force majeure is of permanent nature or persists for more than ninety (90) days. Services that have already been delivered by Imengine shall be charged upon termination.
The parties agree that any confidential information coming to their knowledge as a result of this agreement will remain confidential at all times. Confidential information is the information communicated in writing to the other party and that is clearly marked as confidential or which should be considered as confidential.
Imengine guarantees a confidential handling of end-user-added content, and will not use such content for any purpose other than the execution of this agreement.
Any breach of confidentiality will jeopardise the liability of the infringing party. The non-complying party has the obligation to indemnify the other party for any damages, including legal action, which is the result of the infringement.
Imengine may unilaterally edit aforementioned legal documents. Imengine will inform the end-user about the planned changes, at latest one month before the date of changes. The end-user who does not agree with the announced changes must explicitly object in writing, within (15) calendar days of receipt of the notice. The only remedy for the end-user consists of the free deletion of the end-user account from the date that the announced changes take effect. Imengine will not repay any amounts that are already paid neither will it be possible to further use the application and services under the old conditions.
Deviations from this agreement are only valid if they have been established in mutual consent between the parties and recorded in writing. Deviations from one or more provisions of these Terms and Conditions do not affect the operation of the other provisions of these Terms and Conditions.
These Terms and Conditions are automatically applicable to any new application that improves or enhances the current application Medbook.
Imengine can transfer its rights and obligations under this agreement. Imengine can, furthermore, outsource its rights and obligations under this agreement to a subsidiary or a hired third party. This third party will be fully responsible for the further implementation of the agreement. The end-users consent is not required nor will this give rise to a compensation.
These conditions are governed exclusively by Belgian law, hereby excluding the provisions of the Vienna Sales Convention.
If any provision of this Agreement is held to be unlawful, invalid or otherwise unenforceable for any reason whatsoever, it shall be deemed severed from the Agreement and shall not affect the validity, legality and enforceability of the remaining provisions of this Agreement. Any unlawful, invalid or unenforceable provision shall be amended to achieve as closely as possible the common intentions of the parties as expressed in the original term, to the extent permitted by applicable law. Imengine reserves the right of first initiative to change the invalid or inapplicable clauses unilaterally.
Any kind of dispute, controversy or claim arising out of or related to this agreement, or the breach, termination or invalidity thereof shall be exclusively submitted to the competent court of the judicial district in which the registered office of Imengine is located.
Edited: 12 march 2015