February 5, 2021
QAdental is an online service (the “service”) provided by Suomen Kotilääkäripalvelu Oy / Nuovo Nordic Healthcare Services (also “supplier”), a Finnish private limited company with Business ID 1911124-5, having its registered address at c/o Terveydenhuolto.com, Ruoholahdenkatu 8, 00180 Helsinki, Finland.
These are QAdental terms of service. By using the service, you accept these terms as binding. These terms of service shall apply between you and the supplier with regard to services unless otherwise expressly agreed in writing.
1. DESCRIPTION OF SERVICE
QAdental service is directed to licensed oral health care professionals and health care students. In the service you may ask own questions, advise others, and exchange information regarding treatment of oral health care patients. QAdental is not a consumer service.
These consultation requests can be accompanied with dental or x-ray images or videos.
In these terms of service:
the “customer” means you, as the user of the service, and/or possible other the person or entity (such as your employer) with whom the supplier has made a separate contract regarding your use of the service, if any;
the “agreement” means and is comprised of these terms, including other instructions and service descriptions, possible written contract and other annexes attached to or referred to therein.;
“[clinical] image” means a dental or x-ray images or videos of a patient;
“customer data” means all data sent and stored to the service by the customer or someone on behalf of the customer, including clinical images.
2. USING THE SERVICE AND YOUR LIABILITY
Any applicable national laws as well as ethical and licensure requirements of your profession and health regulatory authorities and licensing requirements may impose obligations with respect to protection of privacy and patient confidentiality that may limit your ability to publish or send data to the service.
You represent and warrant that you will, at all times, comply with all laws directly or indirectly applicable to you that may now or hereafter govern the gathering, use, transmission, processing, receipt, reporting, disclosure, maintenance, and storage of customer data including clinical images, and require all persons or entities under your direction or control to comply with such laws, including the privacy laws and the privacy statement.
You are, at all times, solely responsible for obtaining and maintaining all patient consents, if applicable, and all other legally necessary consents or permissions required or advisable to disclose, process, retrieve, transmit, and view the information that you transmit, store, or receive in connection with the service.
3. CLINICAL IMAGES AND OTHER PATIENT INFORMATION
The clinical images you post to the service must abide by our guidelines and privacy statement. Most importantly the patient must not be identifiable from the image.
Where applicable, you must have the patient’s proper provable consent to post the image on the service for consultation and educational purposes.
The image must be delimited in such a way that the patient is not identifiable from the image.
The question or other message you send must not contain any personal data or other identifiable information about the patient such as the patient’s name or social security id or similar identifiers. The image or video file name must not contain patient identifiers such as patient's name or social security number.
Note that you also need sufficient copyright permission from the photographer or other copyright holder of the image.
4. SUPPLIERS WARRANTY
The supplier offers expert advice and professional opinions as paid services. The supplier warrants that (only) those opinions are from licensed healthcare professionals.
Any other discussions, advice or information exchange with other users within the service transpires strictly at you’re your own discretion. The supplier does not guarantee that all users on the service are professionals or that their opinions are trustworthy and professional. You are responsible for all actions you decide to take with regard to such information gained from the service.
5. SERVICE LEVEL
The supplier will seek to keep the service available for the use of the customer without interruptions. However, the supplier does not guarantee that the service is error-free or available to the customer without interruptions. Unless expressly agreed in writing, the supplier shall have the right to suspend delivery of the service for a reasonable duration if this is necessary in order to perform installation, change or maintenance work in respect of the service and such installation, change or maintenance work cannot be performed at a reasonable cost without suspension of the service. The supplier will seek to inform the customer of the interruptions in good time beforehand.
6. CHANGES TO THE SERVICE AND THESE TERMS OF SERVICE
Further development. The supplier aims to maintain only one version of any particular service at a time. The supplier shall be entitled to develop the service at its sole discretion. Therefore, the supplier may effect changes to the content, appearance, features and production environment.
Changes to these terms. The supplier shall have the right to modify these terms of service, service descriptions and any service-specific terms and instructions provided that such changes are announced on the supplier’s website well before the changes come into effect. By continuing to use the service, the customer accepts such changes.
7. RIGHTS TO THE SERVICE AND CUSTOMER’S DATA
Rights to service. The title, copyright and all other intellectual property rights to the service, it’s appearance, trademarks, logos and symbols and amendments thereto including clinical images, webinars and all other data and information available in the service shall belong to the supplier or a third party or a licensor. The supplier grants the customer a non-exclusive non-transferable license to use the service solely in executable form and only to the extent necessary for use of the service and for no other purpose.
Customer data. The intellectual property rights and the title to all data, including clinical images, transferred to the service by the customer shall belong to the customer or a third party. The customer grants the supplier perpetual, irrevocable and unrestricted right to copy, modify, store, and transfer such rights to a third party for free or against a fee in educational or research purposes. The customer agrees not to save to or send material through the service that may be deemed illegal or inappropriate.
Personal data. The service is not intended for storage or processing of personal data as defined in the EU Regulation (EU) 2016/679 of the European Parliament and of the Council 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 (the “GDPR”). How the supplier collects and stores the user’s personal data is described in the privacy statement.
Storage of customer data. The supplier is not obligated to store any customer data in the service. The supplier may remove and destroy such data at any time without prior notice.
Copyright Infringements. The customer agrees not to save material, including clinical images and videos, protected under copyright laws to the service unless the customer has the rights (including patient’s consent) to use such material in the service. The supplier has the right to prevent displaying of such material on the service and the right to remove such material from the service. The customer shall at its own expense indemnify the supplier against claims presented against the supplier and compensate all damages to the supplier arising from such claims.
8.USE OF THE SERVICE AND THE SUSPENSION OF SERVICE
User IDs. The customer shall be responsible for ensuring that its users maintain user names and passwords diligently and do not disclose them to third parties. The customer will be responsible for activities that occur under the customer’s service account, including actions taken by the customer’s employees and other representatives as well as their compliance with this agreement.
Unauthorized use. The customer must promptly notify the supplier if the customer suspects that an unauthorized third party is using, or may have access to, the service or the customer’s service account. The notice can be made by e-mail to firstname.lastname@example.org.
Denial of access due to breach of these terms. The supplier shall have the right to deny the customer access to the service, if the supplier reasonably suspects that the customer is in breach of these terms of service or the agreement, or if the customer has not paid due charges.
Denial of access due to harmful use. The supplier shall have the right to deny the customer access to the service without first hearing the customer, if the supplier reasonably suspects that the customer burdens or uses the service in such a manner as to jeopardize the delivery of the service to other users. The supplier shall without undue delay inform the customer of the reasons for such denial.
9. PRICES, PAYMENTS AND INVOICING
Currency. The currency to be used for prices and invoicing is the Euro.
Default prices. If a price for a service has not been agreed in the agreement or otherwise, the price in the supplier’s current price list shall apply to the service in question.
Public charges. Value added tax shall be added to the prices in accordance with the then current regulations. If the amount of public charges determined by the authorities or their collection basis change due to changes in the regulations or taxation practice, the prices shall be revised correspondingly.
Payment term. The supplier will invoice for recurring charges and other periodically invoiced charges in advance. Payments based on usage of the service will be invoiced according to actual use in arrears. Payment terms can also be agreed otherwise in writing. The payment term is 14 days net from the date of invoice. Interest on delayed payments accrues in accordance with the Finnish Interest Act.
10. CHANGES IN PRICES
The supplier shall be entitled to adjust the charge of a service by notifying the customer of the change at least 60 days before the effective date of the change.
11. NO WARRANTY; LIMITATION OF LIABILITY
No warranty. The services are provided on “as-is” and “as-available” basis, and the supplier will not give the customer any warranty or guarantee, express or implied, for the services, including but without limitation to warranties of merchantability, fitness for any particular purpose, performance, or non-infringement. The parties expressly note that the services are not designed to be error-free or uninterrupted and therefore they are neither intended nor fit for purposes that require fail-safe performance.
Limitation of liability. The supplier or any of its subcontractors shall not be liable for any direct, indirect or consequential damages that may arise from the use of the service, especially with regard to data loss or breach of data security due to unauthorized or illegal activities by any party.
12. CANCELLATION OF THE AGREEMENT
The supplier shall be entitled to cancel the agreement wholly or in part if the customer has not paid a due and correct payment within 30 days of a written overdue payment reminder.
Indemnification. The customer agrees to defend, indemnify, and hold the supplier harmless from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of:
- Breach of the agreement;
- Violation of the rights of a third party, including but not limited to any intellectual property rights and patient consent; or
- any harmful act toward any other user with whom you connected via the service.
Procedure. Notwithstanding the foregoing, the supplier reserves the right, at the customer’s expense, to assume the exclusive defense and control of any matter the customer is required to indemnify the supplier; the customer agrees to co-operate, at its own expense, with the supplier’s defense of such claims; the supplier will use reasonable efforts to notify the customer without unnecessary delay of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
14. APPLICABLE LAW AND SETTLEMENT OF DISPUTES
Applicable law. The agreement shall be governed by the laws of Finland without regard to its choice of law rules, including the UN CISG and any choice of law principles that could lead to application of a law of a country any other than Finland.
Disputes. Any dispute, controversy or claim arising out of the agreement shall be resolved in the district court of Helsinki.