General Terms Of Use

  • Preamble  

The company SOSIRM publishes the website SECURMRI. 

The website SECURMRI offers a service to health professionals for research and obtaining information on the compatibility of medical devices (including implanted) with a Magnetic Resonance Imaging ("MRI ") examination.

  •  Definitions 

SOSIRM or Publisher

Means SOSIRM with the capital of 2500.00 euros , whose registered office is located at 47, Allée Frédéric Mistral 31770 Colomiers. France and registered with the Trade and Companies of Toulouse under the number;

Customer

Means the natural or legal person who subscribes for their own needs, including that of their Users, to the present General terms for the use of the Service;

Equipment(s)

Equipment(s) of Magnetic Resonance Imaging owned or made by the Customer;

Service

Means the SECURMRI service allowing the checking of the compatibility of a medical device with carrying out a Magnetic Resonance Imaging examination.

Site

Refers to the site accessible from the address SECURMRI

 http://www.securmri.com

User(s)

Appoints the person or people put under the responsibility of the Customer (attendant, employee, representative, etc.) and with access to the Service.

 

  

  • Purpose and acceptance of the general terms

 The Terms and Conditions are intended to define the terms and conditions under which on  one hand, SOSIRM makes the service available to the customer, and on the other hand, the manner in which users access  the Site and use the Service.  

The General Conditions apply, without limitation or qualification,  the use of the Service by Customer and their Users. The General Conditions are accessible at any time on the Site and prevail, if necessary, over any other version or any other contradictory document, which the Client expressly waives. 

Any access and / or use of the Site or the Service imply the express acceptance without reservations and respect of all the terms of the General Conditions. They therefore constitute a contract between the Publisher and the Customer.

The acceptance of Terms is carried out by clicking a box to accept the terms of use. Nevertheless, the mere fact of the Customer using the Service constitutes full acceptance of the General Conditions which the Customer acknowledges having read prior to use. 

In cases where the Customer does not wish to accept all or part of the General Conditions, he is asked to renounce any use of the Site or the Service. 

The General Conditions may be modified at any time by the Publisher without prior notice. 

  • Legal notice  

Publisher

SOSIRM

47, Allée Frédéric Mistral

31770 Colomiers

Contact :   contact@securirm.com 

Host :  

OVH SAS

 2 rue Kellermann- 59100 Roubaix - France

Téléphone : +33 3 20 45 36 80 - Fax : +33 3 20 20 09 58

 

  • Access to the site and to the service

 The Service is accessible, subject to the restrictions contained in the Site: 

    - to any natural person with full legal capacity to act under the General Conditions and acting as professional ; 

    - to any legal person acting through a natural person with legal capacity to contract in the name and on behalf of the corporation 

The site is accessible to any user with access to the Internet. 

The Publisher reserves the right to refuse access to the Website, unilaterally and without prior notice to any Client / User not respecting the terms and conditions. 

 The Publisher reserves the right to interrupt, suspend or modify without prior notice access to all or part of the Site in order to carry out maintenance, or for other reasons, without the interruption entitling any claim or compensation. 

The publisher strives to provide access to the site 24/7, except in cases of force majeure or an event beyond the control of the Publisher, and subject to possible breakdowns and maintenance interventions necessary for the proper functioning of the site and Sites. 

Therefore, the Publisher cannot guarantee availability of the Site and / or Service, reliability of transmissions and performances in terms of time of response or quality. There is no technical assistance provided with respect to the user either by electronic or telephone means.
The Client admits knowing the limitations and constraints of the Internet and, as such, recognizes in particular the impossibility of a total guarantee of secure data exchange. 

The publisher cannot be held liable for damages resulting from the transmission of any information, including that of identifiers, via the Site. 

The responsibility of the Publisher cannot be held in case of impossibility of access to the Site and / or use of the Service. 

The publisher shall in no way,  be subject to applicable law, be liable for damages and / or damages, direct or indirect, tangible or intangible, or of any nature whatsoever, resulting from the unavailability of the Site or any use of the Service. The term "Use» must be understood in a broad sense meaning any use of the site whatsoever, legal or not. 

The information and/or materials on this website are subject to change at any time, and may be modified. In particular, they may have been updated between the time they are downloaded and when the user becomes aware of them.

 

  • Intellectual property 

The Service, the Site, trademarks, domain names, all distinctive signs and any content present on the Site (hereafter " Materials") are the exclusive property of the Publisher or the result of the right of use personally granted to the Editor. 

Unless otherwise provided, nothing in these Terms grants the Customer any ownership of the Elements, with the exception of data which remains the property of the Client. 

The Customer is therefore formally prohibited to make any unauthorized use of the Elements including intervention or involving a third party on the Site. 

Access to the Service cannot be regarded as a transfer of intellectual property rights therein in favor of the Customer but a simple and temporary right to use the Service. 

Subject to the payment of the price of the subscription made by the client, the Editor concedes therefore to the client a personal right, not exclusive, not accessible and not transferable, access and  use of the Service in France and for the duration of the corresponding subscription. 

The use of the Service is limited to these terms and conditions and the subscription paid by the Customer and  in the described conditions in the Website. 

The user is in particular not allowed to:

  • reproduce permanently or temporarily the Website and the Service and their contents, make available, in whole or in part, by any means and in any form ;
  • translate, adapt, arrange or modify the Site or Service , export them , merge them with other computer applications;
  • make any copy of all or part of the Site or Service ;

 The right to use the Service being personal to the Client, he will not, in any way, put it at the disposal of a third party  and is strictly prohibitted from carrying out any other use than that described in the General Conditions. 

The Customer is reminded that the entire database of the Site, its presentation and all it contains are protected by laws on intellectual property (including by copyright and producer database). 

The Customer is prohibited from:

  • conducting by any means downloads or extraction qualitatively or quantitatively substantial content of the website database;
  • conducting by any means downloads or repeated extractions to form a database;
  • reproducing or distributing all or part of the Site database and downloadable content , by any means whatsoever without the express permission of the authorized persons.
  • directly or indirectly making an industrial and/or commercial exploitation of the database of the Site and its contents , without prior agreement of the authorized persons.

 Failure to observe these prohibitions is to subject to criminal and civil penalties in the securities acts of infringement. The Publisher reserves the right to pursue any infringement which infringes its intellectual property rights. 

Any user is authorized to use the records to which he has access for the purpose of teaching or research only. This use must not be distorted or altered in any manner whatsoever, and these records must not be transmitted on any media, in part or in whole, without the prior written consent of authorized people. 

  • The user 

Users are solely responsible for the proper use, with discernment and spirit, of the information made available on the Site. 

The User is obliged to check the compatibility of a medical device with an MRI with the manufacturer that makes or sells the product, and the information generally contained in the instructions for use (IFU). 

The User agrees, in general, to comply with all the regulations in force in France.

 

  • Personal data

 The Publisher and the Customer undertake, with regard to the collection and / or processing and the Communication of personal data to comply with regulations applicable to the processing of the data and in particular to respect the provisions of the law 78-17 of January 6, 1978 relating to data , files and freedoms as amended by Act No. 2004-801 . 

The Customer retains the responsibility for declarations to the National Commission for Computing and Liberties (CNIL) related to data processing of personal data they implements. As a result, the Customer guarantees the Publisher against any claims, complaints or claims made by a natural person whose personal data are collected or processed by the Service. 

It is specified that the Customer expressly authorizes the Publisher to store and use personal data concerning the Customer and their Users. This personal data will be processed and used for the purposes of trade relations between the Publisher and the Customer.

 

  • Limits of liability

 The Customer is solely responsible for the consultation, the selection, use and interpretation of the documentation provided by the Publisher, as well as actions and advice he deduces as part of his professional activity. 

The responsibility of the Publisher cannot be questioned, both with respect to third parties the Customer or the Users, for the consequences of the use of research results or omissions after an unsuccessful search, defective, partial or erroneous or misuse of responses. 

Accordingly, the Publisher cannot be held responsible because of an express or tacit obligation, as civilly liable to the Customer, their Users or third parties for any direct or indirect damages resulting from the use of information, and including secondary to inaccurate or incomplete information, an indexing error, delay or lack of posting. 

The Publisher shall not be held in any way liable for any damages of any kind , the use of information and/or documents available on the site is done under the full and sole responsibility of the Customer, who assumes all consequences thereof , without the Publisher being liable in this respect, and without recourse against the latter. 

The instructions of use (Indications for use: IFU), information and/or documents contained in the Site are provided “as-is”. The Publisher makes no representation and gives no warranty whatsoever either express or implied, with respect to the Site, its services or content. 

The information displayed on this website are provided as a service and for information, to health professionals and users and are by no means intended to constitute medical advice or a recommendation of any kind. 

All compatibility information on MRI is from the instructions for use records available through hyperlinks or PDF documents which are produced by medical device manufacturers and manufacturers. 

As such, the Publisher can not guarantee the accuracy, completeness , relevance or timeliness of the information contained in or linked to this Site. Health professional users of information provided by this website or referral hyperlinks do so at their own risk. 

The publisher accepts no liability for the acts of any physician, MRI technologists or other health professional, who receives information on any particular industrial , implantable medical device or not, device component, implant, device or other object through this site . No liability can be held against the Publisher for any injury to patients or professionals and / or damage to persons or property, from information contained in the documents and hyperlinks.


Despite the care taken in processing information, the Publisher accepts no liability for errors or omissions in the information published on this site. The publisher cannot be held responsible for the interpretation of the information contained in this site, nor for the consequences of their use. 

The Publisher reserves the right to correct them, as soon as these errors are brought to their attention. 

The only information about the device contained in the instructions for use (IFU) and issued by the manufacturer can be considered reliable. 

The publisher can not be held responsible for the completeness, correctness or validity of the information contained on this website, on the instructions of use (IFU) in PDF format or on the industrial site (returns by Hyperlink). 

The specifications of the manufacturer, quality control, suppliers, the quality control of the supplier, building materials and medical device components are subject to change without notice. 

It is therefore always important to refer to the product label, instructions and instructions for use, and warning statements and/or pharmacovigilance concerning any medical device or implantable medical device or not. 

The publisher does not comment on the safety of MRI or MRI compatibility of all materials, components, construction data , implants, devices or medical devices , implanted or not, that can be listed on their site, due to medical advances and research, and regulatory changes to material specifications , equipment and manufacturing, modifications of suppliers, acquisition and takeovers and regulations. 

No information on the medical device should be provided and used without being examined and evaluated according to regulations and authorizations for the market in force.

 

  • Hyperlinks 

The site offers links to websites published and / or managed by third parties.


Insofar no control is exercised over these external resources, the Customer acknowledges that the Publisher and the holder accepts responsibility for the provision of these resources, and can not be held responsible for their content.

The inclusion of a link to that Website will be subject to prior written permission of the Publisher. 

 

  • Reference

 The Customer authorizes the Publisher to report, for reference and the attention of their prospects or customers, customer 's name and logo and the fact that he has provided the Service.

 

  • Force Majeure

 The publisher shall not be held liable for failure to perform its obligations resulting from a case of force majeure. 

In the event of such a situation - this includes, but is not limited to - the following events: 

  • destruction affecting all or part of the facilities of the Publisher or of its host ,
  • serious public disorder , war, strikes, riots , epidemics, blockade of means of transport and communication ,
  • natural disasters, cold waves or any other similar facts , and, more generally , all events or causes external to the will of the Editor, preventing, in good faith the Publisher and/or their partners, the provision of the Service . 

 

  • Duration 

The present contract is concluded for an indefinite period of use of the Service by the User and enforceable against the latest version of the Terms and Conditions available in www.securmri.com

 

  • Applicable law and competent jurisdiction 

All disputes regarding access to the Site, use of the service or these Terms and Conditions which may result, for their validity, interpretation, performance, termination, their consequences and their consequences will be submitted to the jurisdiction of courts falling under the sole jurisdiction of the Cour d'Appel - Appeals Court in Toulouse, France. The relationship between the publisher and the customer are subject exclusively to French law.