1. Specific definitions

The following terms, whether used interchangeably in the singular or plural, in these Terms and Conditions shall have the meanings set forth below:

“Customer” means the professional who enters into this Agreement with Luxembourg Online for his internal and professional management needs.

"Patient" means a natural person who undergoes a medical examination or receives treatment as part of the Customer’s medical care in their capacity as a healthcare professional.

"Service" means the services made available on Bloobiz Medical for the needs of the Customer’s professional activity, as well as the hosting of personal data, particularly collected health-related data.

"Authorized User" means any user of the Customer who has access to the Bloobiz Medical services via a login and a password. The authorized user is under the responsibility of the customer.

2. Services provided

Bloobiz Medical makes their services available to facilitate the structuring and input of diagnostic, decision-making and prescription information, of which the content, relevance, accuracy, and completeness are by no means guaranteed by Luxembourg Online.

Luxembourg Online makes the following specific services available through Bloobiz Medical, which include but are not limited to

• a practice management service, including the management of medical records essential for Patient care and follow-up;
• a document creation, management and archiving service;
• an agenda, appointment management and scheduling service;
• a consultation support service, in particular for the creation of consultation reports.

The services are provided as part of a computerized service and cannot be considered a clinical decision-making support tool. Luxembourg Online may freely modify the infrastructure of the Bloobiz Medical platform, as long as such modifications do not result in a decrease of service performance.

The Customer remains solely responsible for using the services in compliance with the applicable ethical standards. As such, the Customer retains full responsibility for (i) any diagnoses and therapeutic decisions made; (ii) the content of documents accessible on the Bloobiz Medical platform, and (iii) compliance with legal requirements related to the creation, the content, transmission and archiving of documents, in particular the Patient’s medical records.

3. Services operation

The Customer carries out their activity independently and under their own responsibility. They are responsible for ensuring the proper use of the Bloobiz Medical platform by themselves or their authorized users.

The Customer is solely responsible for managing their records and entries, even in the event of input errors made either by themselves or any authorized user.

Luxembourg Online cannot be held responsible for direct or indirect damages resulting from the use, consultation or interpretation of information provided by the Bloobiz Medical services

Information provided by third parties, including other healthcare actors, are likely to be accessible via Bloobiz Medical. Their access and content is the sole responsibility of the Customer and/or third party.

4. Services access

Luxembourg Online sends the Customer an activation e-mail allowing them to create their account.

The login credentials communicated to the Customer by e-mail at the time of activation of the services are strictly personal and confidential, and are reserved for the Customer's own use, in compliance with the conditions set out in article 3 of the Bloobiz general terms and conditions.

The Customer may grant access to Bloobiz Medical to authorized users, who remain under their entire responsibility.

The Customer may grant access to Bloobiz Medical to authorized users, who remain under their entire responsibility.

As the sole party responsible for the use of the services by themselves and by their authorized users, it is the responsibility of the Customer to implement a personal data access policy adapted in (i) identifying any authorized user having access to the Patient’s data by a unique identifier, in (ii) setting up a personal password for each authorised user, in (iii) revoking or suspending any authorisation that is no longer required and in (iv) determining the duration of authorisations for each authorised user.

Luxembourg Online cannot be held liable in any way.

5. Use limits

The Customer is granted a personal, non-exclusive, non-transferable and non-assignable right to use the software made available to them for their internal operational needs exclusively and for the sole purpose of their professional activity, within the limits of the rights acquired during the term of the contract and for their own use, in return for payment of a monthly fee.

Use of the services is intended for professional use.

The Customer is solely responsible for digital documents filed, stored and viewed via Bloobiz Medical.

6. Sharing of health data - Electronic healthcare record (DSP)

The Customer acknowledges that any sharing of health data to other healthcare actors must be carried out in compliance with applicable legislation, in particular with article 18 of the Law of 24 July 2014 on Patient's rights and obligations and articles 60ter and 60quater of the Social Security Code.

7. Processing of personal data

The parties acknowledge and accept that the Customer is the controller of personal data within the meaning of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016.

In its capacity as data controller, the Customer bears full responsability for the processing of personal data, including the processing of so-called sensitive personal data, namely health data, processed within the framework of the Contract and/or the general conditions and special conditions to which the Customer agreed.

Such personal data is hosted and stored on secure servers, in compliance with the conditions set out in article 6 of the Bloobiz general terms.

In its capacity as data processor, Luxembourg Online undertakes to process personal data in compliance with the legislation on data protection, as specified in article 12 of the Bloobiz general conditions.

In the context of the use of services, the Customer is solely responsible for the collection, access and processing of personal data, including Patient's health data, either by themselves or any authorized user.

As data controller, the Customer is solely responsible for the accuracy, reliability, relevance and safeguarding of personal data, including Patient's health data and any other third parties. Accordingly, Luxembourg Online shall not be held liable for the accidental destruction of data stored on the Bloobiz Medical platform.

Once personal data, including health data, is entered on the Bloobiz Medical Platform, such as data concerning the Patiet or any other healthcare actor, the Customer is solely responsible for compliance with legal requirements on information and consent.

In addition, the Customer is solely responsible for implementing a sufficient confidentiality and security policy regarding (i) access to their computer equipment and (ii) collected data.

8. Customer commitments

The Customer undertakes not to use Bloobiz Medical services for any unlawful purposes or with the intent to harm Luxembourg Online, or more generally to infringe upon its rights, including its intellectual property rights.

The Customer agrees to access and use the services of Bloobiz Médical in good faith, in a reasonable manner, not contrary to the terms of the Bloobiz general conditions and these Bloobiz Medical special conditions.

The Customer is solely responsible for complying with their medical confidentiality obligations.

9. Limitation of liability

Luxembourg Online applies the utmost diligence to ensure availability, confidentiality and integrity of its services.

As a simple intermediary and technical service provider, Luxembourg Online is bound only by an obligation of means.

The Customer remains solely responsible for the choice of services, their suitability to their needs and their use by themselves and any authorized user, particularly in case of misuse.

Any misuse or attempted misuse of Bloobiz Medical intended purpose shall result in the exclusion of all liability of Luxembourg Online and may lead to the suspension of the services for the Customer.

Luxembourg Online disclaims all liability for any errors or omissions relating to the information contained and disseminated by the Bloobiz Medical platform.

Luxembourg Online cannot be held responsible for the interpretation or use of the content and information disseminated by the Customer, nor for any consequences arising from such.

As a technology service provider, Luxembourg Online does not provide medical services and cannot be held responsible for the medical diagnosis given by the Customer. In particular, Luxembourg Online shall in no case be held responsible for acts (i) made by the Customer, the authorized user, the Patient or any other third party using the services or (ii) resulting from the negligence of the Customer, an authorized user, the Patient or a third party.

Luxembourg Online shall not be held liable in the event of a dispute, whatever the cause, between the Client and a Patient, an authorized user, a Health Organization or any other third party.

Any damage suffered by a Patient, an authorized user, another healthcare actor or any other third party is indirect damage, which does not give rise to compensation accordingly.

The parties agree that Luxembourg Online’s liability for any and all damages shall be strictly limited to direct damages only, with all indirect damages excluded in accordance with article 14 of the Bloobiz general terms.