Conditions of use
CERBA, a société d'exercice libéral à forme anonyme, with share capital of €960,000, registered with the Registre du Commerce et des Sociétés de Pontoise under number 402 928 766, having its registered office at 10-12, avenue Rolland Moreno - ZAC DES EPINEAUX, 95740 Frépillon, France (hereinafter referred to as "CERBA") operates a website, accessible at https://www.mycerba.com/ (hereinafter referred to as the "Website").
This Site is reserved for CERBA's partner healthcare professionals and enables them to benefit from a certain number of services (hereinafter the "Services").
Some Services require you to have a MyCerba account (hereinafter the "Account") in order to access them (hereinafter the "Services with Login"). Other Services do not require you to have an Account (hereinafter the "Services without Login").
Users of the Site are hereinafter referred to as "you".
Article 1 - Purpose of the Terms of Use
1.1 The purpose of these general conditions of use (hereinafter the "Terms of Use") is to define the conditions under which CERBA makes the Services available to you.
1.2 The Services with Login offered by CERBA on the Website are as follows:
• access to the results of medical biology analyses and pathological anatomy and cytology examinations and to your patients' reports,
• ordering sampling equipment and accessing your order history,
• view your invoices and receipts,
• access to dedicated medical information,
• receive notifications about you (catalogue updates, invoices and Cerba information),
• consultation of the CERBA examination catalogue and associated documents.
The Services without Login offered by CERBA on the Website are as follows:
• consultation of the CERBA examination catalogue and associated documents,
• access to examination request forms.
Article 2 - Acceptance of the Terms of Use
You are asked to read the Terms of Use carefully before browsing the Website and using the Services. By browsing the Website and using the Services, you are deemed to have read the Terms of Use, to have accepted them and to undertake to comply with them.
These Terms of Use constitute a contract between you and CERBA for the use of the Website. CERBA reserves the right to modify and update the Conditions of Use at any time, without prior notice or formality. It is therefore your responsibility to consult the Conditions of Use on a regular basis. Browsing the Website and using all or part of the Services after any changes have been made to the Terms of Use will constitute your acceptance of these changes. In the event of a conflict between different versions, the French version available on the Website shall prevail.
Article 3 - Creating and using your Account
3.1 The prerequisites for any request to create your Account are:
• a computer with a sufficient Internet connection (broadband and/or fibre) and a browser other than Internet Explorer,
• a smartphone compatible with versions iOS 10 and Android 4.4. 3.2 If you wish to benefit from an Account.
If you wish to benefit from an Account:
You must contact CERBA's sales department at the following email address: service.commercial@lab-cerba.com to indicate your wish; a member of CERBA's sales department will then contact you to request the following information required to create your Account:
• your name,
• your address for sending your patients' results and reports,
• your address for sending any sampling material ordered,
• your address for sending invoices, as well as invoicing arrangements,
• your telephone number,
• your fax number,
• the chosen method of sending the results.
On receipt of this information, CERBA's sales department enters it into CERBA's laboratory management system and creates your Account; CERBA's sales department then sets up an initial username and password for your Account, which it sends to you in two separate emails.
When you log in to your Account on the Website for the first time, you must:
• Change your password; In addition to taking into account the latest CNIL and ANSSI recommendations on this subject when setting up and renewing your password, the password you choose must be at least 12 characters long and contain at least 3 different types of characters (lower case letter(s), upper case letter(s), number(s), special character(s)). You may not use your login, the name of your organisation, your personal details (surname, first name, date of birth, etc.), or sequences such as "azerty", "qwerty", "password", etc. in your password.
• Read the Terms of Use and the Privacy Policy, and accept their content by ticking the appropriate box,
• Confirm the password change.
If you do not accept the Terms of Use and/or the Data Protection Policy, for whatever reason, you will not be able to access the Services with Login.
3.3 On subsequent visits to the Website, you may log in to your Account by entering your username and the password you chose when you first logged in, and then clicking on "Log in".
3.4 Your Account is strictly personal. This implies that:
• You may not share your Account with other people, including within your organisation, and you may not set up generic accounts;
• You are a healthcare professional and/or you undertake to respect medical confidentiality as provided for in article L1110-4 of the French Public Health Code (“Code de la Santé Publique”);
• You undertake to process the personal data to which you have access in compliance with the legislation in force, in particular the French Data Protection Act (“Loi Informatique et Liberté”) and the General Data Protection Regulation (“GDPR”) ; You and your organisation undertake in particular to ensure at least annually that the privileges granted to your profile are consistent with your duties, and to make any necessary request or rectification in order to maintain this consistency;
• You are responsible for maintaining the confidentiality of your password and for all actions carried out using 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 strictly prohibited. In any event, always disconnect from your Account once you have finished using the Services. In the event of theft of your identifiers and in particular your password, or if you become aware of their use by an unauthorised third party, you must immediately inform CERBA at the following address service.commercial@lab-cerba.com.
3.5 From your Account, you may change your password at any time. You must change it at the slightest suspicion of compromise, periodically (every 6 to 12 months), and in compliance with the rules set out above.
3.6 You may, at any time, request the deletion of your Account by sending a request to the sales department at the following address service.commercial@lab-cerba.com.
Article 4 - Interruption of access to the Website or to all or part of the Services
CERBA endeavours to provide access to the Website 24 hours a day, 7 days a week. However, CERBA is bound only by an obligation of means with respect to the operation and continuity of the Website. The operation of the Website, access to the Website, access to and use of your Account may be interrupted from time to time to allow CERBA or any third party appointed by CERBA for this purpose, to carry out the maintenance, updating and upkeep of the computer system (hardware and software) required for the operation of the Website. CERBA and/or any third parties it may have appointed for this purpose shall in no event be held liable in this respect. Moreover, CERBA cannot guarantee the availability of the Website and/or the reliability of transmissions and performance in terms of response time or quality.
For any technical problem, you can contact the technical team and describe your problem by sending an email to the following address: service.commercial@lab-cerba.com
Article 5 - Liability
5.1 CERBA shall not be held liable, in particular, for the loss of data or information stored in your Account, except in the event that CERBA is bound by a legal obligation of preservation, or for any damage of any kind whatsoever resulting from the management, use, operation, interruption or malfunction of the Website or the Services offered on the Website.
5.2 CERBA shall not be held liable in the event of force majeure or events beyond its control, in particular in the event of interruption of the Website and/or of all or part of the Services resulting from breakdowns and/or problems of a technical nature concerning computer hardware, programs and software or the Internet network which may, where applicable, lead to the suspension or cessation of use of the Website.
5.3 CERBA shall not be held liable for the alteration or fraudulent access to data and/or the accidental transmission of data due to malicious intervention or viruses.
5.4 CERBA shall not be liable for any fraudulent use that may be made by any user or, more generally, by any third party of the information or content that they may find on the Website.
5.5 In any event, CERBA shall not be liable for any indirect or consequential damages that you or any third party may suffer.
Article 6 - Processing of personal data
The conditions under which personal data concerning your patients and yourself are collected and processed by CERBA in connection with the use of the Website are defined in the MyCerba Privacy Policy. The Privacy Policy is an integral part of these Terms of Use and forms an inseparable whole.
Article 7 - Hypertext links
7.1 Any creation or integration of a hypertext link on any medium whatsoever pointing to the Website or any part of the Website is prohibited, except with the prior written consent of CERBA. Hypertext links to the Website may have been created without CERBA's knowledge. CERBA cannot be held responsible for the information presented on these other sites or for their content.
7.2 The existence of a hypertext link on the Website referring to a third-party website does not imply any validation of this Website or its content by CERBA. CERBA cannot be held responsible for the information, opinions and recommendations formulated by these sites, nor can it be held responsible for any dispute that may arise between you and the operator or publisher of one of these sites. The persons who develop and publish these sites are solely responsible for compliance with the regulations applicable to them.
Article 8 - Intellectual property
You acknowledge and accept that the Website, the trademarks, logos and any other distinctive sign and any software used on the Website as well as the contents of the Website (i.e., any text, video, photograph or any other information in any format and of any nature whatsoever appearing on the Website) (hereinafter the "Properties") are the exclusive property of CERBA and/or CERBA's partners. The Properties may be protected by copyright, trademark law, patent law or any other intellectual property right. Consequently, you are prohibited from copying, modifying, reproducing, distributing, publishing, integrating on any medium whatsoever, adapting, transferring or assigning, licensing, sub-licensing, giving as security, transmitting in any other way, in any form whatsoever, the Properties or reverse engineering or using any other method to attempt to access the source codes and/or protocols of the Properties, without the express authorisation of CERBA or the holder of the rights. Failure to comply with this prohibition shall constitute an infringement for which the infringer may be held civilly and criminally liable.
Article 9 - Evidence agreement
You accept and acknowledge the validity and probative force of electronic mail, notifications, electronic recordings or any other exchange of electronic documents in connection with the use of the Website and the Services. CERBA accepts and acknowledges the validity and probative value of these same elements.
Article 10 - Applicable law and competent jurisdiction
The Terms of Use and your relationship with CERBA are governed by French law. The French courts within the jurisdiction of the Paris Court of Appeal (“Cour d’Appel de Paris”) shall have jurisdiction to rule on any disputes that may arise between you and CERBA in connection with the performance of the present Terms of Use.