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CONDITIONS OF USE FOR MYQMED.BE SERVICES

CONDITIONS OF USE FOR MYQMED.BE SERVICES

1. PURPOSE

The purpose of these Terms of Use (hereinafter referred to as the "TOU") is to define (i) the conditions of use of the
MyQmed.be Services and (ii) the rights and obligations of BQM SA, owner of MyQmed.be, and of the User.
The MyQmed.be Platform offers the possibilitý for the User to access MyQmed.be Services, in particular (i) Online
Appointment Management; (ii) Consultation History; (iii) Document Management.
The Services are provided to the User free of charge. Nevertheless, the User acknowledges that the MyQmed.be Platform
refers to medical procedures or care provided by healthcare providers in the context of a consultation for which a fee may
be charged.

 

2. DEFINITIONS

The expressions below used in the Contract shall have the following meaning: 

"Health Care Provider" refers to the professionals directly or indirectly involved in the health or medico-social care of a Patient and practicing within BQMSA's Multidisciplinary Medical Centers. 


"Application" means the application API allowing access to the MyQmed.be Service for eligible Users. 


"Particular categories of personal data" have the meaning assigned to theḿ by the RGPD. 


"User Account" refers to the User's personal space for private use, enabling him/her to use the Services using his/her Identifiers. 


"Contract" means the following contractual package: (i) the Terms of Use; (ii) the definitions; and (iii) the personal data protection policy. These documents are made available to the User in electronic form (i) when the User Account is created; and (ii) at any time on the MyQmed.be Platform. 


"Documents" means any medium, regardless of format, created, received, sent or stored in the course of preventive, diagnostic, care or social and medico-social monitoring activities, and which may contain Health Data. 


"Nearby Data(s)" means (a) Nearby data (which may include Personal Data) (i) mentioned by the User on his User Account on behalf of the Nearby; (ii) shared by the User with BQM SA and its Healthcare Providers on any medium whatsoever; (iii) processed by MyQmed.be for the purpose of providing the Services and/or (b) any document of any nature whatsoever, uploaded, distributed, collected or placed online by the User or the Family Member on the MyQmed.be Platform. 


"User Data(s)" means (a) User data (which may include Personal Data) (i) mentioned by the User on his User Account; (ii) shared by the User with BQM SA and its Healthcare Providers on any medium whatsoever; (iii) processed by MyQmed.be, for the purpose of providing the Services and/or (b) any document of any nature whatsoever, uploaded, distributed, collected or put online by a User on the MyQmed.be Platform. 


"Personal Data" means any information relating to an identified or identifiable natural person as defined by the General Data Protection Regulation (GDPR). 


"Health Data(s)" means "Data concerning health" as defined by the RGPD. 


"User ID" means the personal login associated with a User Account as well as any confidential code or complex password issued́ to the User by MyQmed.be and then modified by the User to identify him/herself in order to access the Services. 


"Confidential Information" means (i) any information of a financial, legal, commercial, technical, IT or administrative nature, (ii) any documents or information concerning access to the Services, (iii) any information which could have the effect of favouring the interests of a competing company as well as (iv) any other information which the Parties may be required to communicate to each other, directly or indirectly, in writing, orally, in any form or medium whatsoever and which, by reason of its nature or the circumstances of its disclosure should reasonably be considered confidential. Confidential Information does not include information which (i) is made public prior to its communication or disclosure; and/or (ii) is alreadỳ known to the receiving Party prior to its communication or disclosure; and/or (iii) is legally obtained from a third party who was entitled to transmit it; and/or (iv) of which one of the Parties has authorized́ the other in writing to disclose, and this prior to the said information being disclosed.

 
"Infrastructure" means any type of (i) hardware such as computers, headsets, microphones, webcams, telephones and tablets, (ii) software, Internet network, installed, managed and used by the User on a fixed or roaming basis enabling access to and use of the Services. 


"Patient" means any natural person, whether or not they have a User Account, who has or will have a medical consultation with a BQM SA Healthcare Provider and who is being cared for by the latter. 


"Party(ies)" refers jointly to BQM S.A. and the User. 


"Data subject" has the meaning assigned to it by the RGPD. 


"MyQmed.be Platform" refers to all desktop software accessible in Saas mode (Software as a Service) on the Site and/or applications made available, enabling the User to (i) create a User Account and (ii) use the Services made available by MyQmed.be to eligible Users. 
"Prescription" means a Document issued following a consultation containing therapeutic recommendations. 
"Nearby" means any natural person identified by the User for whom the User is authorized by the User, or empowered and/or mandated by law to (i) make an online appointment directly on his or her User Account; (ii) transmit and, where applicable, receive Nearby Data on the MyQmed.be Platform. 
"Intellectual Propertý means (i) all intellectual propertý rights, whatever their nature and form, likely to exist or benefit from protection in the world, including works of the mind, copyright and related rights, copyright, designs and models, software and source codes, trademarks, trade names and logos, domain names and other distinctive signs, databases, as well as inventions, patents and know-how, regardless of whether they are or may be registered, as well as updates, improvements, modifications, configurations, extensions and derivative works of all or part of these elements, and (ii) personality rights, the right to privacy, and the right to image. 


"Controller" has the meaning assigned to it by the RGPD. 


"GDPR" means the General Data Protection Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data repealing Directive 95/46/EC. 


"Services" refers to the Service(s) made available to Users on the MyQmed.be Platform. The Services include in particular the Online Appointment Booking and Management Service, the Document Management Consultation History Service, including quality questionnaires and visit protocols. 


"Document Management Service" refers to the service enabling the User in particular (i) to receive Documents relating to his appointments made and carried out within BQM SA's multidisciplinary care centers, to receive general or personalized preventive information and to receive and send answers to quality questionnaires relating to his experience at BQM SA.


"Online Appointment Booking and Management Service" refers to the service enabling the User to book an appointment online with one or more healthcare providers working in BQM SA's various multidisciplinary centers.  


"Site" refers to the www.myqmed.be website.  


"Subcontractor" has the meaning assigned to it by the RGPD. "Processing" has the meaning assigned to it by the RGPD. 


"Transfer" has the meaning assigned to it by the RGPD. 


"User" refers to any natural person who has a User Account on MyQmed.be and who accesses the Services offered by MyQmed.be. This term also includes the Family Member in the context of services eligible for Family Members. 


"Personal Data Breach" has the meaning assigned to it́ by the RGPD. 


"Visitor" means any natural person browsing the Site without creating, or logging into, a User Account. 

 

3. CONDITIONS OF ACCESS TO SERVICES

In order to benefit from MyQmed.be services, it is necessary to create a User account.  The User account can be created online using MyQmed.be or its creation can be initiated by a BQM SA employee when making an appointment by telephone. In this case, the creation will be finalized by the User via MyQmed.be.
Any User who is granted a User Account in order to access the Services undertakes to comply, without reservation, with these TU. By creating a User Account, the User expressly accepts the TU without restriction or reservation. The creation of a User Account implies the User's full acceptance of the Agreement. 
If the User does not agree with all or part of the TU, the User must not use the Services. 
The TU are applicable from their acceptance by the User for an indefinite period until the termination of the Contract for Users with a User Account. 
CAPACITY: The use of the Services is reserved for natural person Users who have reached the age of eighteen (18) and who have the capacity to enter into obligations in accordance with Belgian and European law. 

 

4. CREATING A USER ACCOUNT

In order to benefit from the Services, the User must create an online User Account. When creating his User Account, the User agrees to provide accurate and complete information about his identitý as requested in the online form. In particular, he/she undertakes not to create a false identitý of such a nature as to mislead MyQmed.be and BQM S.A. Care Providers and not to usurp the identity of another person. The User undertakes to update immediately, in the event of any modification, the data he or she has communicated at the time of his or her first connection to his or her User Account. 
MyQmed.be reserves the right to verify and/or have verified by a specialized third party the identity of each User. 
After validating the CU for the creation of his User Account, the User enters an e-mail address which will be his identifier as well as the password of his choice to access the Services of MyQmed.be. The User will then receive an activation e-mail at the address he or she has entered, enabling him or her to continue creating his or her account. It is the User's responsibilitý to check that the e-mail address entered is correct when creating his Account. 
Once the User's e-mail address has been confirmed, he/she can proceed with the creation of his/her account. 
In the event that the User provides information that is false, inaccurate, obsolete, incomplete or misleading, MyQmed.be may, immediately and without notice or compensation, suspend access to the User's Account and temporarily or permanently deny access to MyQmed.be services. 
NEIGHBOR PROFILE FORM: The User may create, on his User account, a profile form for a Nearby, for the purpose of enabling this Nearby to benefit from eligible MyQmed.be Services. The User undertakes to provide accurate, complete and up-to-date information on the identitý of the Nearby. In particular, he/she undertakes not to create a false identity for the Nearby of such a nature as to mislead BQM S.A., and its care providers or third parties and not to usurp the identity of another person. 
When the User creates a Friend, the latter receives an e-mail at the address given by the User to enable him/her to create his/her own User Account if he/she so wishes and provided that he/she has the Capacity to do so. When the Friend concerned has his or her own User Account, he or she can link the Friend profile file created by the other User to his or her own User Account, and can then modify his or her own Friend profile file. 
The User acknowledges that he/she is authorized by law, or has received authorization from the Supplier, to (i) use his/her data, including Personal Data, and register it on MyQmed.be; (ii) make, modify or cancel an appointment on his/her behalf. 
The User undertakes to enter the telephone number and e-mail address of the Member when creating a Member Profile or making an appointment online, in order to enable the Member to (i) receive notifications of appointments and (ii) receive Documents relating to his or her care after creating his or her own User Account. 
In the event of failure to provide the contact details of this Friend, the User acknowledges that he/she is authorized by law or has obtained the prior consent of the Friend to manage the information and Documents relating to the latter's appointments on his/her behalf. 
MyQmed.be has the right to verify the e-mail address of the Proche entered by the User by sending a confirmation e-mail. 

 

5. TECHNICAL SPECIFICATIONS FOR SERVICE ACCESS

The User is solely responsible for any misappropriation, loss or unauthorized use of his/her Identifiers. In this case, the User must notify MyQmed.be without delay, by e-mail, specifying his Identifiers, surname and first name at the following address: support@MyQmed.be. BQM S.A. will, as appropriate, immediately cancel and/or update the Identifiers concerned. 
Any access and use of the Services made from the User Account will be deemed to have been made by the User. In this respect, the User is solely responsible for the use made of his Identifiers, in particular if he pré-records his Identifiers on equipment to connect automatically to the Services. The User is thus required to ensure that at the end of each session he effectively disconnects from the Services when accessing them from a public computer. 

 

6. NOTIFICATIONS TO THE USER

The User authorizes BQM SA and its care providers with whom an appointment has been made to send him notifications (push notifications, SMS or e-mails) concerning his organization or a future appointment: (i) confirmation, cancellation or reminder of an appointment; (ii) information on the dispatch of a Document; (iii) renewal reminders and (iv) any type of information relating to appointments made, in particular on MyQmed.be. 
These notifications are sent by MyQmed.be on behalf of BQM S.A. and its care providers with whom the User has made an appointment via the MyQmed.be Platform or by another means, independent of MyQmed.be. MyQmed.be declines all responsibilitý in the event of non-receipt of a notification for technical reasons beyond its control. 
The User may choose not to receive notifications. To do so, he/she must make a request to BQM S.A. 
BQM S.A. declines all responsibility in the event of an error in the User's contact details making it impossible to send any notification necessary for the proper operation and administration of the Online Appointment Booking and Management Service. 

 

7. OBLIGATIONS, LIABILITY AND WARRANTIES OF MYQMED.BE

MyQmed.be implements the means and measures necessary to ensure the smooth operation and maintenance of the continuity and quality of the Services. 
The User acknowledges that MyQmed.be cannot be held responsible for any interruption of Services or delay in performance beyond its control and, in particular, that the provision of Services depends on the reliability, availabilitý and continuitý of connections from a number of third parties (telecommunications network operators, the public Internet, the User's Infrastructure, etc.) as well as the accuracy and integrity of data communicated by the User. BQM S.A. may suspend MyQmed.be services for scheduled maintenance or in the event of technical imperatives (emergency maintenance). 
It is understood between the Parties that BQM S.A. shall in no event be held liable for any indirect damage suffered by Users as a result of using the Services. 
In addition, BQM S.A. cannot be held liablé for acts (i) resulting from an act or negligence of the User and/or (ii) which do not comply with applicable regulations and/or the Contract.

 

8. GENERAL OBLIGATIONS OF THE USER

8.1 The User undertakes to :

(i) comply with the terms of the Contract; 
(ii) make available to MyQmed.be, without this being limitative, all supporting documents allowing the User Data to be certified; 
(iii) communicate to BQM S.A./MyQmed.be, within the agreed deadlines, all information necessary for the provision of the Services and update in writing the User Data and Close Data. The User is solely responsible for the consequences of any failure or delay in updating said Data; 
(iv) verify that the Infrastructure required for the use of the Services and used complies with the technical requirements communicated to it. The supply, installation and maintenance of the Infrastructure as well as electronic communications costs (such as telephone costs and Internet access costs) resulting from their use are the exclusive responsibility of the User and/or his/her Proxy. It is the responsibilitý of the User and/or his or her Proche to obtain information on the price of using said Infrastructure from the operators concerned; 
(v) protect against the risk of loss or piracy of data, files and programs by using regularly updated antivirus software; 
(vi) restrict access and observe the utmost confidentialitý with respect to any and all modes of access to the Services, and generally secure such modes of access in order to prevent unauthorized use of the Services ; 
(vii) use the Services in compliance with the laws and regulations applicable to the Contract; 
(viii) not to use the Services in a way that is likely to damage the reputation of BQM S.A., MyQmed.be, its staff and its Healthcare Providers, or in an inappropriate manner (including any defamatory, indecent, inappropriate, threatening, hateful or abusive comments made orally or in writing); 
(ix) that the User Data and/or Close Data communicated in the context of the use of the Services do not infringe the rights of third parties and to be authorized to disseminate them; 
(x) use the MyQmed.be Services for private purposes only. The Services may not be used for commercial or profit-making purposes.


8.2 By Elsewhere, the User :

(a) is responsible for (i) the use that he or she or his or her Close Relations makes of the Services, (ii) the User Data and/or Close Relations Data that he or she enters on the Platform and (iii) the consequences of the use thereof by BQM S.A. and MyQmed.be and/or its Healthcare Providers, their Assistants and administrative staff; 
(b) indemnifies BQM S.A./MyQmed.be, its employees, and its representatives against any claim, action or demand for compensation by a User, an Internet user, another Patient, a third party or a public authoritý and where applicable, indemnifies BQM S.A. and its representatives from all costs (including legal fees, costs and expenses) and damages related to claims and legal actions relating to (i) the use of the Services by the User and/or his Relatives in an illegal, immoral, fraudulent manner, or outside the Contract; (ii) the User Data and/or Relatives Data he fills in and their use by BQM S.A., and/or its employees, its Healthcare Providers and their Assistants; (iii) to the infringement of Intellectual Propertý rights of MyQmed.be as well as of any third party, as a result of the use of the Services.

 

9. ONLINE APPOINTMENT BOOKING SERVICE

The User may, at any time, make an appointment online with a Care Provider working within all the Multidisciplinary Care Centers owned or managed by BQM S.A., for himself or for a Relative, for a face-to-face consultation, at a time indicated as available on MyQmed.be. If necessary, BQM S.A. may postpone or even delete the appointment from its calendar. In such a case, the User and/or his or her close relative will be notified immediately. The User can also (i) manage his appointments and those of his close relations if he has made them himself (cancellation, modification), (ii) when he has given his consent, follow the history of his appointments and those of his close relations.

The User may modify or cancel his appointment within the limits defined for this purpose.  The online appointment management service is free of charge, but the User is asked to enter a guarantee via a secure payment module in order to make him/her responsible for the management of his/her appointments and those of his/her relatives.  This guarantee is not cashed until the User actually shows up for the scheduled appointment. The amount of the guarantee is displayed when the online appointment is confirmed. In the event of non-appearance at the appointment, except in cases of force majeure to be justified, the guarantee will be converted into a payment to BQM SA by way of compensation.  If the User is unable to attend the scheduled appointment, he or she may reschedule or cancel the appointment using the MyQmed.be online service or by contacting the BQM SA Multidisciplinary Medical Center where the appointment was made. This function is available up to 48 hours before the scheduled appointment. After this deadline, the deposit will be refunded only in the event of force majeure suddenly making it impossible to keep the appointment.

It is the User's responsibility to make any checks that seem necessary or appropriate before proceeding with any reservation with one of the Healthcare Actors registered on the Platform. 
The User is also informed that a BQM S.A. healthcare provider may make an appointment at the User's request and on the User's behalf via the addressing service provided by MyQmed.be. Any appointments made within this framework are made under the sole responsibility of the healthcare provider concerned, as part of its exchanges with the User. The User is reminded́ that he/she has a free choice of practitioner, healthcare establishment and mode of care. 
The User undertakes to complete all the necessary Data requested for the proper use of the Online Appointment Service. 
The User is hereby informed that scheduling an appointment via the Online Appointment Booking Service constitutes a firm commitment on his/her part, and that any no-show for a scheduled appointment must be the subject of prior notice of cancellation or postponement to BQM S.A.. This information may be provided either via the cancellation system offered on the MyQmed.be Platform, or by any other means of contact with BQM S.A. The User acknowledges that he/she assumes sole responsibility for the consequences of his/her failure to keep an appointment. 
The User is also informed that BQM S.A. has the optioń to block the User's online appointment booking. If BQM S.A. decides to block the online appointment booking, the User will no longer be able to book appointments online OR BY PHONE, he/she will have to physically present himself/herself in the Multidisciplinary Medical Center he/she attends to book his/her appointments in the future and bring a solution to the situation that caused the blocking of the use of the Services for him/her and his/her Relatives.

 

10. DOCUMENT MANAGEMENT SERVICE

By accessing his User Account, the User may: 
- receive Documents for himself and/or the Relatives for whom he makes an appointment online via the Online Appointment Service (and for whom he has received authorization to manage their Documents). 
The documents are potentially, information sheets on preparing for the appointment booked, medical visit protocols, questionnaires relating to Quality management, general and/or personalized preventive information.

 

11. INTELLECTUAL PROPERTY

The Services of MyQmed.be and all the elements of which they are composed are, unless otherwise specified, the exclusive propertý of BQM S.A. 
Nothing in the Contract shall be construed as an assignment of any Intellectual Property rights. 
BQMS.A. grants the User, for the duration of the Contract, a personal, non-exclusive, non-assignable and non-transferable right to use the MyQmed.be Service. 
The User agrees not to (i) attempt to access or copy the source codes of MyQmed.be; (ii) use MyQmed.be for any purpose other than to use the Services; (iii) create copies of the MyQmed.be Platform; (iv) reproduce, correct, extract, modify, translate into any language or languages, reuse, arrange, adapt, decompile (except and only to the extent expressly authorized by applicable law), incorporate MyQmed.be into other software or create derivative works based on MyQmed.be in any medium whatsoever; (v) resell, rent, or commercially exploit MyQmed.be, or assign/license the MyQmed.be Service to a third party; (vi) conduct penetration tests or attempt to obtain a denial of service on the Services; (vii) engage in any form of illicit extraction of data from the MyQmed.be Platform, such as web scraping. 
The User acknowledges that any violation of the present article constitutes an act of infringement punishable under civil and criminal law. 
The User understands and agrees that MyQmed.be is not intended to meet any particular requirement on his/her part and is provided "as is". To the extent permitted by law, MyQmed.be excludes all warranties of any kind.


12. SUSPENSION

12.1 - Suspension with notice

In the event of (i) non-compliance by the User with the stipulations of the Contract, or (ii) improper behavior by the User or behavior likely to be prejudicial to MyQmed.be and/or BQM S.A. as a whole and/or to other Users, or (iii) violation of the laws and regulations in force, BQM S.A. will give notice to the User by written notification sent by any means, to remedy the imputed defect(s) within a period of seven (7) days following the date of notification before proceeding ipso jure to suspend or limit the User's access to all or part of the Services. 
Inconvenient behavior is defined as any defamatory, indecent, inappropriate, threatening, hateful or abusive verbal or written comments brought to the attention of BQM S.A..

12.2 - Suspension without notice

In the event of serious harm or danger - presumed or proven - to (i) BQM S.A., a Healthcare Provider and/or a Patient, or (ii) to the reputation of MyQmed.be or a Healthcare Provider, MyQmed.be may suspend or limit the User's access to all or part of the Services without prior notice. The User will be informed of such suspension by any means. 
BQM S.A. will unilaterally decide on the follow-up to be given to the suspension of the Contract.

12.3 - Consequences of suspension

Suspension of all or part of the Services has the effect of temporarily limiting and/or prohibiting access to the Service(s) concerned. However, BQM S.A. shall not be liable for any damage resulting from the suspension of Services.

 

13. TERMINATION

13.1 Termination by BQM S.A.

The User acknowledges being informed that all or part of the Services may be terminated BQM S.A., without the latter having to justify its decision and without indemnitý. In this context, the User is informed that BQM S.A. must respect a notice period of one (1) week. 
Furthermore, in the event of fault or breach by the User, such as the use of one or more Services (a) contrary to the stipulations of the Contract, (b) contrary to laws and regulations, (c) likely to damage the reputation of BQM S.A., its employees, MyQmed.be or one of its Healthcare Providerś, or to the physical or mental integrity of another User, or in an improper manner (as defined above in 12.1), MyQmed.be may terminate, by any means, all or part of the Contract and/or the Services with 48 hours' notice from the effective suspension and without compensation. 
In the event of a serious breach by the User of the provisions of the Contract, MyQmed.be reserves the right to terminate, by any means, all or part of the Contract and/or Services without prior notice or compensation.

13.2 Termination by the User

The User may terminate the Contract at any time, without having to justify his decision, by requesting the deletion of his User Account at support@MyQmed.be.be or by logging into his User Account ("My Account" section). 
Before the end of the Contract, the User will be able to recover his User Data and Close Data in a usable format before any deletion of his User Account. The User acknowledges that he/she has all the rights and/or authorizations required to retrieve the aforementioned data.

13.3 Consequences of termination

Any termination of the Agreement by BQM S.A. or the User shall automatically result in (i) the termination of the User's right to access the Services, (ii) the deletion or anonymization of all User Data and Related Data attached solely to the terminated User Account as well as all Documents contained in the User Account. 
BQM S.A. is nevertheless authorized to retain a copy of the Confidential Information for any purpose imposed by applicable law.

 

14. PROTECTION OF PERSONAL DATA

The personal data protection policy accessible and available on the Site describes the respective roles and obligations of the User and MyQmed.be concerning the processing of personal data in the context of the execution of the Services. By accepting these TU, the User and MyQmed.be undertake to comply with the terms and conditions of the said policy. 
If the User uses the User Account to book or manage appointments for a Nearby, the User declares that (i) he/she has provided the Nearby with a copy of the aforementioned Personal Data protection policy, (ii) the Nearby has giveń delegation to the User to consent, in his/her name and on his/her behalf, to the processing of his/her Personal Data, (iii) he/she undertakes to provide proof by any means of this delegation at the request of BQM S.A., (iv) to be legally empowered to do so in the event that the Principal does not have legal capacity.

 

15. ABSOLUTE NECESSITY

The Parties consider force majeure to be situations whose constituent elements are defined in the Belgian Civil Code and in case law. Force majeure is a sudden, unforeseeable and unavoidable event, which is not due to the fault of a person. The event must not have been intended or caused by the person, even indirectly. 
In the event of such an event, the affected Party must immediately inform the other Party in writing. 
Force majeure suspends the obligations of the Party concerned for the duration of the force majeure. Nevertheless, the Parties will endeavor to minimize the consequences as far as possible. If an event of force majeure renders one of the Parties unablé to fulfill its contractual obligations under the Contract for more than thirty (30) consecutive days, either Party may terminate the Contract after sending a registered letter with acknowledgement of receipt. The Parties will then no longer be bound by their obligations with the exception, in particular, of those resulting from the "Intellectual Propertý," "Confidentialitý," "Protection of Personal Data" and "Liabilitý" articles herein, without any indemnity or penalty, for any reason whatsoever, being due on either side.

16. MISCELLANEOUS

16.1 Waiver: the failure of either Party to invoke one or more of the provisions of the Agreement shall in no way imply a waiver by that Party of its right to invoke such provision(s) at a later date.


16.2 Partial nullity: in the event that certain stipulations of the Contract should be inapplicable for any reason whatsoever, including by reason of an applicable law or regulation, BQM S.A. and the User shall remain bound by the other stipulations of the Contract and shall endeavor to remedy the inapplicable clauses in the same spirit as that which presided́ at the time of conclusion. 


16.3 Agreement of proof: the Parties expressly agree that any document signed dematerially within the framework of the Contract (i) constitutes the original of said document; (ii) has the same probative value as a handwritten document signed on paper and may validly be set up against the Parties; (iii) is likely to be produced in court, as literal proof, in the event of disputes. Consequently, the Parties acknowledge that any document signed in a dematerialized manner is proof of the content of said document, of the identitý of the signatory and of his consent to the obligations and consequences of fact and law arising from the document signed in a dematerialized manner. Termination or expiry of the Contract may not call into question the probative value of documents signed dematerially prior to the date of its termination/expiry.


16.4 Means of proof: In order to establish damage (proven or supposed) to the reputation of BQM S.A., its employees and/or its Healthcare Providers or to the physical or mental integritý of other Users, BQM SA may rely on messages sent to BQM S.A. that it has previously anonymized in order to guarantee the confidentialitý of their exchanges, as long as the content of the messages does not allow them to be identified.


16.5 Feedback: If a User provides feedback to BQM S.A. regarding the functionality or performance of the Services (including the identification of errors or improvements), the User agrees to grant MyQmed.be, without restriction or payment, all right, title and interest therein.


16.6 Rights and permissions: Each Party declares that it has the necessary rights and permissions to enter into the Contract and to perform the obligations mentioned therein.


16.7 Independence: It is perfectly clear between the Parties that each of them acts herein as an independent contractor and that neither Party shall be considered as the employeé, agent, distributor, principal or representative of the other Party.


16.8 Changes to the TU: The User acknowledges and agrees that the version of the TU that is online at the time of access to the Site and/or use of the Services shall prevail. The User must therefore refer to the version of the TU online at the time of access and use in question. 
MyQmed.be is free to modify these TU at any time, in particular in order to take into account any changes to the MyQmed.be site and/or its Services, as well as any legal, regulatory, jurisprudential and/or technical developments or constraints. In the event of significant modification(s) to the Site, the MyQmed.be Platform, the Services and/or their terms and conditions of access and use, BQM S.A. will inform the User by any means and with reasonable notice.


16.9 Modifications to the Services: MyQmed.be reserves the right to modify the content of the Services at any time in order to maintain, adapt or develop the functionalities of the Services, including through security updates, whether or not such developments are necessary to maintain the conformitý of the content of the Services. The user will be informed of any evolution of the Services as well as the date on which it will occur.


16.10 Technical support and assistance: MyQmed.be provides the User with a support service and a contact form as well as Frequently Asked Questions accessible from MyQmed.be.


16.11 Satisfaction survey: BQM S.A. reserves the right to occasionally send satisfaction surveys by e-mail to any User in order to assess the qualitý of MyQmed.be Services. The User is under no obligation to MyQmed.be to respond to these.


16.12 Complaints management: The User may send any complaint relating to the use of the Services to the following address: Support@MyQmed.be


16.13 Beta version: MyQmed.be may offer the User the opportunity to try beta versions of certain Services (in particular as part of A/B testing). These beta services are provided for evaluation purposes only. The User acknowledges that these beta services may contain bugs, errors and other problems and accepts them "as is", without warranty of any kind. BQM S.A. (i) is not responsible for any problems related to the use of the beta services by the User; (ii) may interrupt the use thereof; (iii) may delete all data contained in such beta versions, without liabilitý whatsoever.


16.14 Interpretation: Words importing the singular number include the plural and vice versa. A reference to a document, standard, legislative provision, code or any other document implies any modification or updating of this document, standard, legislative provision or code. Any reference to a sum of money refers to the currency euro.

 

17. AMICABLE SETTLEMENT - APPLICABLE LAW AND JURISDICTION

The User is informed that MyQmed.be and the Services are intended for Patients residing in BELGIUM and are subject to Belgian law. Therefore, by using the services of MyQmed.be, the User submits to Belgian law. 
Before taking any legal action, BQM S.A. and the User shall seek, in good faith, to settle amicably any disputes relating to the validitý, interpretation, performance or non-performance, interruption, termination or denunciation of these Terms of Use, for any reason and on any grounds whatsoever. MyQmed.be and the User shall consult each other to enable them to find a solution to the conflict between them. 
MyQmed.be and the User shall endeavour to reach an amicable agreement within sixty (60) days of notification by either of them of the need for an amicable agreement, by registered letter with acknowledgement of receipt. 
Except to preserve their right of action or to avoid imminent damage, no legal action shall be admissible until the present procedure for the amicable settlement of disputes has been fully complied with. 
Any difficulties relating to the validitý, application or interpretation of the Contract will be submitted, in the absence of amicable agreement, to the jurisdiction of the Courts of Brussels competent in accordance with Belgian law.