Terms of Use

PACSMail Network Terms and Conditions of Use

(Version 2.0.2 Last updated 29.04.2020)

1) PACSMail Site

THESE TERMS AND CONDITIONS APPLY TO THE USE OF THE PACSMAIL AND PACSMAIL CLOUD WEBSITES AND ASSOCIATED DATA TRANSMISSION SERVICES “this Resource”. BY USING THIS RESOURCE AND/OR PLACING AN ORDER FOR PACSMAIL PRODUCTS AND SERVICES YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

USING THIS RESOURCE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER WITH US OR ORDER FROM US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THIS RESOURCE.

NOTE: PACSMail is a UK-based platform that is currently only approved for use as a medical device within the European Economic Area (EEA), which comprises the European Union member states plus Norway, Iceland and Liechtenstein). It is prohibited to access this Resource from territories where its contents are illegal or unlawful. Users outside the EEA who place an order for PACSMAIL products and services do so entirely at their own risk and should do so only if downloading the software complies with applicable laws and the user has obtained all necessary permissions, authorisations, consents and approvals prior to downloading and using the PACSMAIL products and services. In particular, PACSMail is not licensed for use in the United States of America (USA). You may not use this Resource if you are located in the USA and any attempt to purchase PACSMAIL products and services from the USA will be rejected in accordance with clause 2.3 below.

This Resource is operated by:

Sybermedica Limited, a company registered in England and Wales, whose registered office is at Shakespeare House, 42 Newmarket Rd, Cambridge, Cambs, United Kingdom, CB5 8EP. Our company registration number is 04417743. Our VAT registration number is 799 5962 35

Our contact details are as follows:

Address: St John's Innovation Centre, Cowley Rd Cambridge, CB4 OWS

Tel: 01223 421 996

E-mail: info @ sybermedica.com

1. INTRODUCTION

1.1 You will be able to access some areas of this Resource without registration. Certain areas of this Resource are only open to registered PACSMail users.

1.2 Upon registration and payment of the appropriate fee, you may publish your details in the PACSMail Practitioner Directory. You will have editorial control over this listing and you may choose to delist your account from this directory at any time. See Listing Policy for details.

1.3 We may revise these terms and conditions at any time by updating this posting. You should check this Resource from time to time to review the then current terms and conditions, because they are binding on you. Certain provisions of these terms and conditions may be superseded by expressly designated legal notices or terms located on particular pages of this Resource. If you do not wish to accept any new terms and conditions after we have given notice, you should not continue to use this Resource.

2. ORDERING PACSMAIL PRODUCTS AND SERVICES

2.1 You may order PACSMail products and services via e-mail, post or via our online checkout process. If you have been provided with a quotation the reference number of the quotation must be given with your order. If you place an order via our on-line store you will be given the opportunity to check your order and to correct any errors; you will then be sent an acknowledgement, detailing the products you have ordered.

2.2 Unless we have notified you that we do not accept your order (see 2.3) the purchase contract will be made either when we confirm receipt of your order or when we issue an invoice for the order concerned.

2.3 We may refuse to accept an order:

(a) where we are not able to supply the goods concerned;

(b) where we cannot obtain authorisation for your payment;

(d) if you do not meet any eligibility criteria set out in our terms and conditions.

3. PRICING

3.1 Use of the PACSMail client software for file creation and transmission is subject to payment of an annual account fee and to payment of file transmission charges. These will be levied at the appropriate current rate.

3.2 Prices for other PACSMail products and services will be at the appropriate current rate.

3.3 Current rates are reviewed periodically and are available on application.

3.4 All prices are subject to VAT (where applicable) at the current rate. We reserve the right to express the price exclusive of VAT, but we shall include it in the price payable.

3.5 We reserve the right to change our prices without notice

4. CANCELLATION AND RETURNS POLICY

4.1 Users may cancel their accounts at any time.

4.2 No refund of accounts fees or file transfer credits will be made.

4.3 We reserve the right to cancel accounts that have not been used for a continuous period in excess of six months.

4.4 The provisions of this clause 4 do not affect your statutory rights.

5. USE OF RESOURCE EXTRACTS

5.1 You are further permitted to print and download extracts from this Resource for your own use on the following basis:

(a) no documents or related graphics on this Resource are modified in any way;

(b) no graphics on this Resource are used separately from accompanying text; and

5.2 Unless otherwise stated, the copyright and other intellectual property rights in all material on this Resource (including without limitation photographs and graphical images) are owned by us or our licensors. For the purposes of these terms and conditions, any use of extracts from this Resource other than in accordance with clause 5.1 above for any purpose is prohibited. If you breach any of the terms in these terms and conditions, your permission to use this Resource automatically terminates and you must immediately destroy any downloaded or printed extracts from this Resource.

5.3 Subject to clause 5.1, no part of this Resource may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

5.4 Any rights not expressly granted in these terms are reserved.

6. SERVICE ACCESS

6.1 Subject to payment of the appropriate fees registered users are permitted to download and use the PACSMail client software for the secure transmission and receipt of data via this Resource

6.2 Users may also opt for provision of data archiving services, terms for which will be subject to this agreement.

6.3 While we make all reasonable endeavours to ensure that this Resource is normally available 24 hours a day, we will not be liable if for any reason this Resource is unavailable at any time or for any period.

6.4 Access to this Resource may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

7. VISITOR MATERIAL AND CONDUCT

7.1 Other than files sent via the PACSMail client software or any personally identifiable information, which is covered under the Privacy Policy , any visitor material you transmit or post to this Resource (using, for example blogs or other community networking resources that we may offer from time to time) will be considered non-confidential and non-proprietary. We will have no obligations with respect to such material. We and our nominees will be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

7.2 You are prohibited from posting or transmitting to or from this Resource any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

7.3 You may not misuse the Resource (including, without limitation, by hacking).

7.4 We will fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clauses 7.2 or 7.3.

8. LINKS TO AND FROM OTHER WEBSITES

8.1 Links to third party websites on this Resource are provided solely for your convenience. If you use these links, you leave this Resource. We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Resource, you do so entirely at your own risk.

8.2 If you would like to link to this Resource, you may only do so on the basis that you link to, but do not replicate, the home page of this Resource, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the Sybermedica Limited logo;

(b) you do not create a frame or any other browser or border environment around this Resource

(d) you do not misrepresent your relationship with us nor present any other false information about us;

(e) you do not otherwise use any Sybermedica Limited trademarks displayed on this Resource without our express written permission;

(f) you do not link from a website that is not owned by you; and

(g) your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations.

We expressly reserve the right to revoke the right granted in this clause 8.2 for breach of these terms and to take any action we deem appropriate.

8.3 You shall fully indemnify us for any loss or damage we or any of our group companies may suffer or incur as a result of your breach of clause 8.2.

9. REGISTRATION

9.1 To register as a PACSMail user you must be over eighteen years of age.

9.2 Each registration is for a single user only. We do not permit you to share your user name and password with any other person nor with multiple users on a network.

9.3 Responsibility for the security of any passwords issued rests with you and if you know or suspect that someone else knows your password, you should contact us immediately.

9.4 We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these terms and conditions.

10. DISCLAIMER

10.1 While we endeavour to ensure that the information on this Resource is correct, we do not warrant the accuracy and completeness of the material on this Resource We may make changes to the material on this Resource, or to the products and prices described in it, at any time without notice. The material on this Resource may be out of date, and we make no commitment to update such material.

10.2 The material on this Resource is provided “as is” without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with this Resource on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these terms and conditions might have effect in relation to this Resource.

11. LIABILITY

11.1 We, any other party (whether or not involved in creating, producing, maintaining or delivering this Resource), and any of our group companies and the officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or kind of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any loss of income, profits, goodwill, data, contracts, use of money, or loss or damages arising from or connected in any way to business interruption, and whether in tort (including without limitation negligence), contract or otherwise) in connection with this Resource in any way or in connection with the use, inability to use or the results of use of this Resource, any websites linked to this Resource or the material on such websites, including but not limited to loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Resource or your downloading of any material from this Resource or any websites linked to this Resource.

11.2 Nothing in these terms and conditions shall exclude or limit our liability for (i) death or personal injury caused by negligence (as such term is defined by the Unfair Contract Terms Act 1977); (ii) fraud; (iii) misrepresentation as to a fundamental matter; or (iv) any liability which cannot be excluded or limited under applicable law.

11.3 If your use of material on this Resource results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

11.4 We accept no liability for ensuring that the computer hardware and display device(s) used to access and/or display information transmitted via this resource are of an adequate quality for the purpose in question. You accept that this is your responsibility, notably where this involves viewing of images for diagnostic purposes where specific regulatory and/or professional body rules may apply according to the use in question.

11.5 You agree to indemnify us fully, defend and hold us, and our officers, directors, employees and agents, harmless from and against all claims, liability, damages, losses, costs (including reasonable legal fees) arising out of:

11.5.1 loss or misuse of patient data that occurs as a result of your use of this Resource,

11.5.2 any advice or information you provide as a result of your use of this Resource, irrespective of its nature or accuracy, including claims for any resulting injury that may arise therefrom,

11.5.3 any breach of these terms and conditions by you, or your use of this Resource, or the use by any other person using your registration details.

12. GOVERNING LAW AND JURISDICTION

These terms and conditions shall be governed by and construed in accordance with English law. Disputes arising in connection with these terms and conditions shall be subject to the exclusive jurisdiction of the English courts.

13. DATA PROTECTION

13.1 For the purposes of this clause 13: (a) “Data Protection Law” means, all laws, rules and regulations, including any national implementing legislation relating to privacy and data protection; and (ii) “Data Subject”, “Personal Data”, “Personal Data Breach” and “Processing” will be construed in accordance with the EU General Data Protection Regulation 2016/679.

13.2 To the extent we Process Personal Data via our Resource: (a) we shall carry out such Processing in accordance with your instructions from time to time, unless required to do so otherwise in accordance with applicable law (for the avoidance of doubt, by agreeing to these Terms and Conditions, you authorise us to host, collect and transmit Personal Data on your behalf); (b) we shall ensure that our personnel are subject to reasonable confidentiality obligations in respect of such Processing; (c) we shall implement appropriate technical and organisational measures to ensure a level of security appropriate to the risks of Processing, and in the event of a Personal Data Breach notify you without undue delay and take reasonable steps to remediate such Personal Data Breach; (d) you generally authorise us to use subcontractors provided that we (i) use reasonable endeavours to notify you of any changes to our subcontractors (ii) take into account any your reasonable objections in relation to such changes and (iii) remain fully liable to you for our subcontractors; (e) at your choice, we shall delete or return such Personal Data after the end of the provision of the Resource, unless required otherwise by applicable law; (f) taking into account the nature of the Processing, at your cost and expense, we shall provide you with reasonable assistance in responding to Data Subject requests made under Data Protection Law; and (g) taking into account the nature of the Processing and information available to us, at the your cost and expense, we shall provide such reasonable assistance as the you may require to meet the your obligations under Data Protection Law. Use is further subject to our Data Retention Policy which is available at this link.

13.3 You acknowledge in that connection that we are reliant on you for direction as to the extent to which we are entitled to use and Process Personal Data, including identifiable health data. We shall not be liable therefore for any claim brought by a patient arising from any action or omission by us, to the extent that such action or omission resulted directly from your instructions.

13.4 You shall (a) comply with all Data Protection Law; (b) indemnify us against all losses, costs, expenses, damages, liabilities, demands, claims, actions or proceedings which we may suffer or incur arising out of any breach of this clause by you; and (c) obtain from each patient appropriate consents/approvals as the case may be that permit us and/or our sub-contractor(s) to collect, Process and store the patient’s Personal Data on our servers and as part of the Resource.

13.5 You shall maintain records suitably detailed to substantiate compliance with this clause 13, and shall provide such records to us on request.

13.6 You acknowledge that for the purposes of the Data Protection Law, you are the data controller in respect of any Personal Data transmitted via our Resource and any computer servers owned by or under our control.

13.7 If you plan to use this Resource to transmit Personal Data outside the EEA then you agree that you will only do so to countries that have been recognized by the European Commission as having adequate data protection for Personal Data or, by another lawful transfer mechanism under Data Protection Law. In all other cases you must obtain adequate and explicit consent from the relevant individual or patient or agree to achieve your aims without Processing Personal Data, e.g., by anonymising the data to standards of anonymisation that apply in your jurisdiction.

If you cannot meet the requirements of Data Protection Law do not use this Resource.

14. MISCELLANEOUS

14.1 You may not assign, sub-license or otherwise transfer any of your rights under these terms and conditions

14.2 If any provision of these terms and conditions is found by any court of competent jurisdiction to be invalid, the invalidity of that provision will not affect the validity of the remaining provisions which shall continue to have full force and effect.

14.3 Only the parties to these terms and conditions may seek to enforce them under the Contracts (Rights of Third Parties) Act 1999

15. TERMINATION

Without affecting any other right or remedy available to us, we may terminate this purchase contract on giving not less than two months’ notice to you.

16. NOTICES

16.1 Any notice to be given under this purchase contract shall be in writing and shall be delivered: (i) personally; or (ii) by pre-paid registered or recorded delivery to the other party at its address as set out in the purchase contract or as may otherwise be specified by such party by notice in writing to the other party; or (iii) by email.

16.2 Any notice shall be deemed to have been duly received: (a) if delivered personally, when left at the relevant address; (b) if delivered by pre-paid registered or recorded postage, 48 hours after posting; and (c) if delivered by email, at the time of transmission, or if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 16.2, business hours means 9.00 am to 5.00 pm Monday to Friday on a day that is not a public holiday in the place of receipt. This clause 16.2 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.

2) PACSMail Software (Installed applications for PC, Mac and iPad)

READ THIS. You should carefully read these terms and conditions before accessing your PACSMail client software (the “Licensed Materials”). This is a license agreement "Agreement" between you and Sybermedica Limited, whose offices are at St Johns Innovation Centre, Cowley Rd, Cambridge, CB4OWS, UK. (“Sybermedica”). By accessing the Licensed Materials, you acknowledge that you have read and accept the following terms and conditions:

1. License Grant

Sybermedica grants to you (either an individual or entity) a nonexclusive license to access one copy of the Licensed Materials solely for your own personal or business purposes. Sybermedica reserves all rights not expressly granted herein.

2. Ownership

Sybermedica or its licensors are the owner of all right, title, and interest, including copyright, in and to the Licensed Materials. Copyright to the individual programs (the “Software”) used to deliver the Licensed Materials to you is owned by Sybermedica or other authorized copyright owner of each program. Ownership of the Software and all proprietary rights relating thereto remain with Sybermedica and its licensors.

3. Restrictions On Use and Transfer

(a) You may not (i) rent or lease the Licensed Materials, (ii) copy or reproduce the Licensed Materials through a LAN or other network system or through any computer subscriber system or bulletin-board system, or (iii) modify, adapt, or create derivative works based on the Licensed Materials.

(b) You may not reverse engineer, decompile, or disassemble the Software. You may transfer the Software and user documentation on a permanent basis, provided that the transferee agrees to accept the terms and conditions of this Agreement and you retain no copies. If the Software is an update or has been updated, any transfer must include the most recent update and all prior versions.

4. Restrictions on Use of Individual Programs

You must follow the individual requirements and restrictions detailed in the individual license agreements recorded on the Software. These limitations may include a requirement that after using the program for a specified period of time, the user must pay a registration fee or discontinue use. By accessing the Licensed Materials, you will be agreeing to abide by the licenses and restrictions for these individual programs that are detailed in the Software. None of the Licensed Materials or material on the Software may ever be redistributed, in original or modified form, for commercial purposes.

5. Limited Warranty

(a) SYBERMEDICA AND ITS LICENSORS DISCLAIM ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE LICENSED MATERIALS, THE SOFTWARE, THE SOURCE CODE CONTAINED THEREIN, AND/OR THE TECHNIQUES DESCRIBED IN THE LICENSED MATERIALS. SYBERMEDICA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SOFTWARE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SOFTWARE WILL BE ERROR FREE.

(b) This limited warranty gives you specific legal rights, and you may have other rights that vary from jurisdiction to jurisdiction.

6. Remedies

(a) Sybermedica's entire liability and your exclusive remedy for defects in materials and workmanship shall be limited to replacement of the Licensed Materials, which may be obtained by contacting Sybermedica.

(b) In no event shall Sybermedica or its licensors be liable for any damages whatsoever (including without limitation damages for loss of business profits, business interruption, loss of business information, or any other pecuniary loss) arising from the use of or inability to use the Licensed Materials or the Software, even if Sybermedica has been advised of the possibility of such damages.

(c) Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation or exclusion may not apply to you.

7. U.S. Government Restricted Rights

Use, duplication, or disclosure of the Software for or on behalf of the United States of America, its agencies and/or instrumentalities "U.S. Government" is subject to restrictions as stated in paragraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause of DFARS 252.227-7013, or subparagraphs (c) (1) and (2) of the Commercial Computer Software - Restricted Rights clause at FAR 52.227-19, and in similar clauses in the NASA FAR supplement, as applicable.

8. General

This Agreement constitutes the entire understanding of the parties and revokes and supersedes all prior agreements, oral or written, between them and may not be modified or amended except in a writing signed by both parties hereto that specifically refers to this Agreement. This Agreement shall take precedence over any other documents that may be in conflict herewith. If any one or more provisions contained in this Agreement are held by any court or tribunal to be invalid, illegal, or otherwise unenforceable, each and every other provision shall remain in force.

9. Termination

This Agreement shall automatically terminate in the event of termination in accordance with clause 15 of Section 1 / PACSMail Site.

3) eUnity Software (zero footprint viewer for PACSMail Cloud)

This software (the 'Software') is licensed from and is maintained by Client Outlook Inc of Ontario Canada.

The Software is a software application that displays medical image data and associated clinical reports. The Software performs operations relating to the transfer, storage, display, and measurement of image data. The Software allows users to perform image manipulations, including window/level, rotation, measurement and markup.

Use of the Software is subject to the following additional terms and conditions:

1) You may use the Software only for your own internal business purposes and may not sell, rent, lease, license, time share or otherwise transfer the Software to any third parties;

2) You may not, or permit any third party to, reproduce (except for backup copies) the Software or attempt to gain access to the Software source code in any way, or modify, reverse engineer or produce any work derived from the Software;

3) You acknowledge that title to and ownership of the Software, Documentation and all intellectual property rights therein and thereto remain with Client Outlook;

4) You may not modify or remove any copyright or other proprietary rights notices in or on the Software or Documentation;

5) You acknowledge and agree that the Software is intended to be used only as advisory tools and any medical treatment and diagnostic decisions, including those arising from the analysis of images, are your responsibility;

6) You acknowledge and agree that neither Client Outlook nor its affiliates or suppliers shall have any liability to you for any express or implied warranties or any indirect, incidental, special, punitive or consequential damages;

7) You agree that you have obtained the consents necessary to permit Client Outlook to access, use, and disclose to Client Outlook's third party agents any personal information to the extent reasonably needed by Client Outlook to provide troubleshooting and other services related to your use of the Software;

8) Diagnostic Use: You acknowledge and agree that the Software is intended for use in the diagnosis of diseases or other conditions, and in the cure, mitigation, treatment, or prevention of disease. You agree that it is your responsibility to ensure that the Software is used with appropriate (and correctly calibrated) display hardware and that image type and quality are suitable for their intended clinical application based on the regulations and/or their professional association’s guidelines pertaining to the anatomy and pathology being studied. Digitized film screen images must not be used for diagnostic interpretations.

9) DICOM Image Calibration Review

The methods used by existing modalities and new modalities (including any modality software updates) to determine medical image calibration values for subsequent measurements must be reviewed prior to clinical use in conjunction with the Software. While this is a standard operating procedure for most hospitals, the requirement to do this is included in the eUnity DICOM Conformance Statement to highlight the risk associated with not maintaining these reviews which could result in incorrect measurement values. See the table within the Calibration for how calibration is determined based on the source data from the DICOM header of an image.

10) The Software has the following Regulatory Certification for Diagnostic Use
Canada – Class II Registration for eUnity and registration as a Manufacturer (83928)
USA – Class II Clearance (K161515) for eUnity and Registration as a Manufacturer
Australia – Class I Registration for eUnity (ARTG 205474)
Europe – CE Mark Class I Registration for eUnity, Authorised Sponsor is EMERGO. CE Mark Class II pending (required for 3D) – 3D functions are therefore currently only to be used for reference and referral only until Class II CE is completed.

11) Your use of the Software shall automatically terminate in the event of termination in accordance with clause 15 of Section 1 / PACSMail Site

End of Document