1. DEFINITIONS
D4P is a drug treatment tracking application (D4P) provided by D4P-pharma SA, c/o Colab Route de la Fonderie 2, 1700 Fribourg, registered in the commercial register of the canton of Fribourg under the number
CHE-354.212.349
The D4P service consists of a digital web platform, a mobile application for health professionals and a mobile application for patients and caregivers.
The Platform is defined generically as the web platform and the various applications.
The User is any person using the Platform or the mobile applications or any other support made available by D4P-pharma.
The Contract is concluded between the User and D4P-pharma at the time of the acceptance of the present General Terms of Use (General Terms) which apply to the use of D4P.
By using the Platform, User expressly agrees to these Terms and Conditions and the Privacy Statement. If the User does not agree to the Terms and Conditions and the Privacy Statement, the use of D4P is prohibited.
2. D4P SERVICE
The functions of D4P can only be used after opening a User account. D4P assists the User in taking his/her medication based on a medication plan established by a physician or pharmacist.
D4P does not check the accuracy, completeness, and timeliness of the data. In particular, there is no automatic check for drug interactions. The D4P medication plan does not replace the medication plan established and regularly checked by a doctor and/or a pharmacist.
The User can activate the medication reminder by activating the reminder function in the settings and by accepting the sending of corresponding push messages. At the request of the User and based on his data, D4P-pharma can send personalized content.
To use D4P, the User must have an Internet connection. D4P does not provide access to the Internet.
D4P is constantly being improved and supplemented with new features. In order for the User to benefit from all enhancements and extensions, it is recommended that the User uses the current version of D4P.
In case of questions about D4P, the User can contact the D4P-pharma support team by e-mail (info@d4p-pharma.com).
3. RIGHT TO USE THE PLATFORM
D4P grants User a limited, simple, non-transferable, and non-sublicensable right to use the Platform. D4P's right to use the Platform is granted for the duration as defined in the Service Agreement.
The use of the Platform is in principle subject to a fee. It is possible that additional functions or application versions may be developed as part of the further development of D4P.
D4P may only be used by persons of legal age or for underage persons with the consent of the person with parental authority. By using the Platform, the person confirms that this condition is met.
D4P may not be used for commercial purposes. The use of the information exchanged within the framework of D4P is exclusively limited to the purpose of using D4P.
All rights not expressly granted in these Terms and Conditions are reserved.
4. DATA COLLECTED
For the use of the functions of D4P, the necessary data is collected from the User. In addition, information, and services of third parties may be made available to the User in D4P.
D4P has no control over the accuracy, completeness and timeliness of the information entered by the User or made available by third parties.
The information provided in D4P is only intended to provide initial information. It does not constitute personal advice or a recommendation by D4P.
5. DATA PROTECTION
D4P attaches particular importance to the proper use of the personal data collected. D4P-pharma complies with the legal provisions of the Federal Data Protection Act (DPA), the Ordinance on the Federal Data Protection Act (FDPA), the EU General Data Protection Regulation (GDPR) and any other applicable data protection regulations, insofar as these are applicable.
The data that D4P collects when registering for the application and using its services is processed in accordance with D4P's privacy policy.
6. INDUSTRIAL PROPERTY AND OTHER PROPERTY RIGHTS
D4P, the Platform, including their interfaces, codes as well as all graphic or sound elements are, unless otherwise stated, the exclusive property of D4P-pharma and may not be reproduced or otherwise used by Users except in the normal course of use of the Platform.
All content (text, images, graphics, etc.) published now or in the future in D4P is protected by copyright and in addition contains protected trademarks and logos (trademarks) of D4P and third parties.
Any reproduction, retransmission, or other use of the contents outside D4P is prohibited. The use of trademarks is not permitted without the written permission of the owner.
7. WARRANTY
D4P does not verify the timeliness, correctness, completeness, and accuracy of the data collected from the User or made available by third parties and does not give any assurance or guarantee in this respect.
D4P-pharma cannot guarantee that D4P will work on all mobile devices or that D4P is compatible with the software or hardware of all mobile devices. D4P-pharma assumes no responsibility for any modification, interruption, or deletion of any or all of the functionality of D4P. The user is obliged to use the most recent version of D4P.
D4P-pharma does not assume any liability for information or services made available by third parties. Likewise, the responsibility for drug-related data provided by third parties on the basis of the D4P service lies with the third party publishing the data. This limitation of liability also applies to employees and representatives of D4P.
8. LIABILITY
D4P does not provide medical advice, diagnostic or therapeutic information or recommendations of any kind. D4P may only be used to manage and document User's information.
The User is exclusively responsible for the accuracy, currency, truthfulness, quality, completeness and/or reliability of the information provided on the Platform.
D4P-pharma is not responsible for all its Services and for any content placed on the Platform as well as for the reminder to take medication.
The User is obliged to always seek personal advice from a qualified medical professional and to make medical decisions only after consultation with his doctor or pharmacist.
D4P endeavors to keep interruptions of service for maintenance or other technical reasons to a minimum. D4P-pharma declines any responsibility for temporary unavailability and/or dysfunction of the Platform, whatever the cause.
9. MISCELLANEOUS
Inserts and pictograms: in order to facilitate the understanding, D4P can be brought to give information taking again whole or part of the contractual Documentation through inserts or a system of pictogram. The said inserts and/or pictograms have a purely indicative purpose: only the Contractual Documentation and the possible sales conditions of the Service Providers are authentic.
Modification of the Platform: D4P-pharma reserves the right to modify at any time and without prior notice the content and functionality of D4P and/or to restrict access to D4P.
Interruption of the Platform: D4P-pharma reserves the right to cease operation of all or part of the Platform, the offering of certain Services, or any part thereof, at any time, permanently or temporarily, without notice. In no case, D4P-pharma could be held responsible for any direct, indirect, particular, punitive or accessory damage that it is.
The User can put an end to the use of D4P at any time.
Force Majeure: neither non-performance nor late performance of D4P's obligations will constitute a default under its contractual obligations, to the extent that the delay or non-performance is the result of force majeure or other circumstances beyond the reasonable control of D4P, such as technical problems that cannot be attributed to D4P. Computer viruses and hacker attacks on computer systems are considered force majeure, provided that reasonable security measures have been taken.
Assignment: the User's rights and/or obligations under the Agreement may not be transferred to another person.
Partial Invalidity: In the event that any provision of the contractual documentation or part thereof is or becomes invalid or unenforceable, then neither the validity nor enforceability of the remaining provisions or the remaining part of the provision shall be affected or impaired. The User agrees, where applicable, to replace the invalid or unenforceable provision or portion with a valid or enforceable provision that is as close as possible to the original provision and that, to the extent possible, will achieve the same economic and legal result.
Languages: the contractual documentation is written in French. Possible translations may exist. In case of discrepancies between the versions, the French version shall prevail.
10. APPLICABLE LAW / PLACE OF JURIDICTION
All contractual documentation is subject to Swiss law.
Any dispute arising out of or in connection with these terms and conditions or any other document in the contractual documentation shall be subject to the exclusive jurisdiction of the courts of Fribourg, Switzerland.
11. ENTRY INTO FORCE, DURATION AND MODIFICATIONS
The Contract shall come into force for a given User upon acceptance of the General Terms and Conditions by the latter, it being specified that any use of the Platform shall constitute tacit acceptance. The Contract will remain in force as long as the User uses the Platform.
D4P-pharma reserves the right to modify the present conditions at any time.
It will publish the modified version on the Platform and will inform the Users of the new General Conditions by a method of its choice. If User does not agree with the changes, User may terminate the Agreement by ceasing all use of the Platform with immediate effect. If User continues to use the Platform or the Applications, the most recent version of the Terms and Conditions will be deemed accepted by User.
If User has any questions, User may contact D4P-pharm