Conditions of use
CERBA, a société d'exercice libéral à forme anonyme (limited company formed by persons carrying on a professional activity), with share capital of €960,000, entered in the Pontoise Trade and Companies Register under number 402 928 766, whose registered office is at Zone Industrielle des Béthunes, Rue de l'Equerre, 95310 Saint-Ouen-l'Aumône (France) (hereinafter "CERBA"), runs a website, accessible at https://www.mycerba.com/ (hereinafter the "Site").
This Site is reserved for health professionals, partners of Cerba, and allows them to benefit from a number of services (the "Services").
Some Services require you to have a My Cerba account (the "Account") to access them (the "Services requiring an Account"). Other Services do not require you to have an Account (the "Services available without an Account" ).
The Site users are hereinafter referred to as "you".
1 – Purpose of the Terms and Conditions of Use
1.1 The purpose of these general terms and conditions of use (the "Terms and Conditions of Use") is to set out the terms and conditions under which CERBA provides the Services to you.
1.2 The Services requiring an Account offered by CERBA on the Site are as follows:
- access to the results of clinical pathology analyses and pathological anatomy and cytology examinations and to your patients’ reports,
- placing orders for sampling equipment and access to your order history,
- viewing your invoices and supporting documentation for fees,
- access to dedicated medical information,
- receipt of notifications for your attention (update of the Cerba catalogue, invoice and information),
- consultation of CERBA's catalogue of tests and related documents. The Services available without an Account offered by CERBA on the Site are as follows:
- consultation of CERBA's catalogue of tests and related documents,
- access to test request forms.
2 – Acceptance of the Terms and Conditions of Use
You are asked to read the Terms and Conditions of Use carefully before browsing the Site and using any of the Services. By browsing the Site and using the Services, you are deemed to have read and accepted the Terms and Conditions of Use and undertake to comply with them. These Terms and Conditions of Use constitute a contract between you and CERBA with regard to using the Site. CERBA reserves the right to change and update the Terms and Conditions of Use at any time, without prior notice or any specific formality. It is therefore your responsibility to consult the Terms and Conditions of Use on a regular basis. Browsing the Site and using all or part of the Services after any changes to the Terms and Conditions of Use will constitute your acceptance of these changes.
3 – Creating and using your Account
3.1 The prerequisites for any request to create an Account are:
- a computer with a sufficient Internet connection (high-speed or fibre) and a browser other than Internet Explorer,
- a smartphone compatible with iOS 10 or Android 4.4. 3.2 If you wish to set up an Account:
- you must contact CERBA's sales department at the following email address email@example.com to inform them.
- A member of CERBA’s sales department will then contact you to ask you for the following information necessary for creating your Account:
your address for sending your patients’ results and reports,
your address for sending the sampling equipment ordered, as applicable,
your address for sending invoices, as well as the billing methods,
your telephone number,
your fax number,
the method for sending the results selected.
- Upon receipt of this information, CERBA's sales department will enter it in CERBA's laboratory management system and thus create your Account.
- The CERBA's sales department then creates an initial login and password for your Account that it will send to you in two separate emails.
- When you first log in to your Account on the Site, you must:
change your password.
The password that you choose must include at least 12 to 20 characters, including lower case letters, upper case letters and at least one digit. You may not use your login as part of your password, or sequences such as "azerty" or "qwerty",
3.3 During subsequent visits to the Site, you can log in to your Account by entering your login and the password you have chosen at the time of your first log in, then by clicking on "Log in".
3.4 Your Account is strictly personal. You are responsible for keeping your password confidential, and the actions that are carried out under your login and/or password. CERBA may not be held liable in this respect. Given the nature of the information accessible from your Account, any connection from a public computer is strongly discouraged. In any event, always make sure that you log out of your Account once you have finished using the Services. If your login and, in particular, your password are stolen, or if you become aware of their use by an unauthorised third party, you must immediately inform CERBA at the following address firstname.lastname@example.org.
3.5 From your Account, you can change your password at any time. You are strongly recommended to change it regularly.
3.6 You may, at any time, ask for your Account to be deleted by submitting a request to the sales department at the following address email@example.com.
4 – Interruption of access to the Site or all or part of the Services
4.1 CERBA endeavours to allow access to the Site 24/7. However, CERBA is only bound by a best endeavours obligation regarding the functioning and continuity of the Site. The functioning of the Site, access to the Site, and access to your Account and its use may be interrupted from time to time to allow CERBA or any third party it has thus appointed, to do maintenance and updates on the computer system (hardware and software), necessary for the Site to function. CERBA and/or third parties appointed by it for this purpose may not under any circumstances be held liable in this respect. In addition, CERBA cannot guarantee the availability of the Site and/or the reliability of transmissions and performance in terms of response time or quality. For any technical problem, you may contact the technical team and describe your problem by sending an email to the following address: firstname.lastname@example.org.
5 – Liability
5.1 CERBA will not be held liable, in particular for loss of data or information stored on your Account, except in the event that CERBA is bound by a legal obligation of retention, or for any damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the Site or Services offered on the Site.
5.2 CERBA will not be held liable in the event of force majeure or for events beyond its control, in particular in case of interruption of the Site and/or all or part of the Services resulting from faults and/or technical problems concerning computer hardware, programs and software or the Internet network which may, as applicable, lead to the suspended or discontinued use of the Site.
5.3 CERBA may not be held liable for the fraudulent alteration of or fraudulent access to data and/or the accidental transmission of data due to malicious actions or viruses.
5.4 CERBA shall not be responsible for the fraudulent use that may be made by any user or, more generally, any third party, of the information or content that they may find on the Site.
5.5 In any event, CERBA may not be held liable for any indirect and non-material damage that you or any third party may suffer.
6 – Processing of personal data
7 – Hyperlinks
7.1 Any creation or integration of a hyperlink on any media whatsoever linking to the Site or any part of the Site is prohibited, except with CERBA’s prior written consent. Hyperlinks to the Site may have been created without CERBA having been notified. CERBA may not be held liable for the information presented on these other sites or their content.
7.2 The presence of a hyperlink on the Site linking to a third-party site does not imply any approval of this site or its content by CERBA. CERBA may not be held liable in respect of the information, opinions and recommendations given on these sites, or be held liable for a dispute that you may have with the operator or publisher of one of these sites. Those who develop and publish these sites are solely responsible for complying with the regulations applicable to them.
8 – Intellectual Property
You acknowledge and agree that the Site, trademarks, logos and any other distinctive sign and any software used on the Site as well as the content of the Site (i.e. any text, video, photograph or any other information in any format and of any kind whatsoever appearing on the Site) (the "Property") are the exclusive property of CERBA and/or CERBA’s partners. The Property may be protected by copyright, trademark law, patent law, or any other protection of intellectual property rights. Therefore, you are prohibited from copying, modifying, reproducing, distributing, publishing, incorporating on any media whatsoever, adapting, transferring, assigning, licensing, sublicensing, giving as a guarantee, or transmitting in any other way, the Property in any form whatsoever, or from doing reverse engineering or using any other method to attempt to access the source codes and/or protocols of the Property, without the express authorisation of CERBA or the owner of the rights. Failure to comply with this restriction constitutes an infringement for which the infringer is likely to incur civil and criminal liability.
9 – Agreement on proof
You agree to and acknowledge the validity and evidential value of emails, notifications, electronic records or other exchanges of electronic documents in connection with using the Site and the Services. CERBA agrees to and acknowledges the validity and evidential value of these same elements.
10 – Applicable law and jurisdiction
The Terms and Conditions of Use and your relationship with CERBA are subject to French law. The French courts within the jurisdiction of the Paris Court of Appeal have jurisdiction to rule on all disputes that may arise between you and CERBA relating to the performance of these Terms and Conditions of Use.