These general conditions of use (hereinafter referred to as the ‘Conditions’) govern the contractual relationship with regard to access to and use of PACSonWEB between on the one side Dobco Medical Systems NV, with offices at Nachtegaalstraat 6, 9240 Zele, Belgium, and with business number 0833.277.213 (hereinafter referred to as ‘Dobco Medical Systems’) and on the other side the person using PACSonWEB (hereinafter referred to as the ‘User’).
The User declares that he/she has taken note of the content of the Conditions and that he/she will explicitly accept the application thereof by using PACSonWEB. The User shall accept the Conditions periodically and, in the event of a change, shall accept the Conditions again and in the same manner in order to continue using PACSonWEB.
1. Responsibilities and limited guarantee
1.1. Dobco Medical Systems guarantees that it will make the required effort so that the User can use PACSonWEB on a regular basis for the services and functionalities described on www.pacsonweb.com.
1.2. The User takes responsibility for using PACSonWEB and for the results that are obtained with it. Guarantee of the suitability of a certain use or goal is hereby expressly excluded.
1.3. The User is aware that PACSonWEB is a system for providing medical data to external parties and exchanging such data in a safe environment, and that Dobco Medical Systems is solely responsible for the good technical execution of this in accordance with the highest standards. This means that, among other things, Dobco Medical Systems is not responsible for the medical data that are processed by the healthcare facility or organisation and/or the Users on PACSonWEB.
1.4. Dobco Medical Systems does not guarantee that PACSonWEB is entirely free of bugs, errors or technical malfunctions, or that use of the system is ensured at all times. The availability and service provision of PACSonWEB may be interrupted at any time, in part or in its entirety, including for maintenance activities.
1.5. In no case will Dobco Medical Systems be responsible if regular service provision is impeded by technical errors or malfunctions in networks that are outside of its control.
1.6. The User is solely responsible for the selection, costs and maintenance of the IT infrastructure on which PACSonWEB is used, and hereby acknowledges that how many details and what information can be obtained from the available images, among other things, depends on the quality of the monitor and the reproduction equipment.
2. Security, identification and access to data
2.1. Dobco Medical Systems will make the required effort to provide adjusted security and identification methods for access to and use of PACSonWEB in a secure environment.
2.2. The User will receive access to PACSonWEB through an account or reference number, which the User will receive from Dobco Medical Systems or the responsible healthcare facility or organisation. The person who grants the User access to PACSonWEB will bear the risks associated with transmitting data to the User.
2.3. The account information is strictly personal and non-transferable, and the User must keep this information strictly confidential. The User must handle the information with care from the moment he/she receives it. The User is solely responsible for authorised or unauthorised use of the information, including each instance of use by third parties. In the event of a violation or suspected violation this section, Dobco Medical Systems will be entitled to take all necessary measures, block or delete data, block the User’s access and/or suspend or cancel the User’s licence, without the User being entitled to any compensation for damages.
2.4. If the User obtains knowledge of the loss or unauthorised use of his/her account or reference number by third parties or suspects such loss or unauthorised use, then he/she must immediately report this to Dobco Medical Systems through the help desk (email@example.com or at +32 52 77 01 15). Dobco Medical Systems will take all necessary and reasonable measures as quickly as possible, and will block the User’s account, if necessary.
2.5. The responsible healthcare facility or organisation and/or the User are solely responsible for granting access rights to the medical data to the correct Users, in accordance with the methods that PACSonWEB foresees for this.
3. Use of PACSonWEB
3.1. PACSonWEB is a web based solution intended for the distribution and visualization of medical images and reports over the internet to requesting physicians and patients and among hospitals. The embedded viewer contains image enhancement tools (window leveling, invert, spatial locator, reference lines, … ) and measurement functionalities (length, angle, vertical height, …) that allow PACSonWEB to be used for diagnostic purposes.
As a distribution medium, PACSonWEB is used to make medical images and reports, made at a hospital or private radiologist, available to the requesting physician over the internet.
The images are also available for reference to the patient. It is the decision of the radiology department if the report is also available to the patient or not.
Using the related reference codes, owned by the patient, the exam and report can easily be consulted by any physician that has a PACSonWEB account.
The images are available online for a period between 1 and 5 years, as determined by the sending radiology department.
PACSonWEB can be used by a radiologist to visualize and enhance available images and perform measurements in order to make a diagnosis. The report can be recorded within PACSonWEB.
Within the scope of the use of PACSonWEB, the User is obligated:
- to be logged on to PACSonWEB as a registered user when using PACSonWEB for diagnostic purposes;
- not to use PACSonWEB as an archive. the User or the responsible healthcare facility or organisation must archive the data on another system. This does not apply for customers who have a contract, including the "PACSonWEB archiving" option;
- not to use PACSonWEB for illegal purposes or conduct that is objectionable in any other way, either in an illegal or threatening manner or in a manner that is dangerous for PACSonWEB, Dobco Medical Systems or third parties;
- not to use PACSonWEB to process content that (i) is illegal, fraudulent, threatening or harmful or that is objectionable in any other way, (ii) he/she is not authorised to process according to applicable regulations or stemming from contractual relationships, or (iii) violates the rights of a third party, including but not limited to the right to protect one’s privacy;
- not to use or disclose any resources, software or routines that could harm or place an excessive burden on the accessibility, security or proper functioning of PACSonWEB.
3.2. In the event of a violation or suspected violation of section 3.1, Dobco Medical Systems will be entitled to take all necessary measures, block or delete data, block the User’s access and/or suspend or cancel the User’s licence, without the User being entitled to any compensation for damages.
3.3. Special care must be taken when decisions about patients are made based on the demographic data and other patient information available in PACSonWEB. Demographic and other patient data may be incorrect if the responsible healthcare facility or organisation has entered then incorrectly, resulting in misrepresentation and/or mismatching.
3.4. The PACSonWEB user manual is provided in electronic format and can be consulted on http://manuals.pacsonweb.com/display/MANPOW3. A registered user can request a paper copy of the manual with the service desk of Dobco Medical Systems. The company engages to deliver this within 7 days.
4. Liability of Dobco Medical Systems
In the event of a deficiency on the part of Dobco Medical Systems, the company will compensate for the deficiency in kind. If compensation in kind is not possible (any longer), then, except for in the case of fraud or wilful misconduct, Dobco Medical Systems’ liability for all direct damage to the User will be limited to € 1,000 per insurance claim, regardless of whether Dobco Medical Systems’ liability stems from contractual provisions, tort (including negligence or non-fulfilment of a statutory obligation) or any other cause. In no case, except for in the case of fraud or wilful misconduct, will Dobco Medical Systems be liable for indirect, unforeseeable or immaterial damage, including loss of earnings, damage to reputation, damage suffered by third parties and/or interruption of the User’s activities.
5. Intellectual property rights
5.1. The User acknowledges and accepts that PACSonWEB, including its software, is protected by intellectual property rights (copyright, trademark law, etc.), of which Dobco Medical Systems or its suppliers are the proprietor(s).
5.2. The User will obtain a non-exclusive right to use PACSonWEB for the purposes described in the Conditions and at www.pacsonweb.com. The User is obligated to respect all intellectual property rights for PACSonWEB at all times. Hence, the User is not permitted to copy, revise, translate, sell, etc. PACSonWEB in any way whatsoever, in part or in its entirety, without the express permission of Dobco Medical Systems.
6. Applicable law and court of jurisdiction
The Conditions are governed by Belgian law. In the event of a dispute regarding the Conditions, only the courts in Dendermonde, Belgium will be authorised to adjudicate the matter.
“By using PACSonWEB, I acknowledge that I have taken note of the PACSonWEB Conditions of use, which set forth obligations for the user and limit the liability of the PACSonWEB supplier, and I declare that I agree to these Conditions.”