English
Simply by installing the DIGIWELLNESS mobile app, developed by HEALTH & TECHNOLOGY SPRL
(downloadable from Apple’s “App Store” or “Google Play”) onto a compatible operating system and using it
with the intention of benefitting from its services, the user declares that he/she is aware of the present
general terms and conditions of use applicable to the DIGIWELLNESS service and accepts them in full.
Article 1 Object
1.1 Field of application
These general terms and conditions (hereafter referred to as “general conditions”) define the rights and
obligations of parties in the context of the hereafter described services obtained via the DIGIWELLNESS
mobile app.
The general conditions are concluded between HEALTH & TECHNOLOGY SPRL on the one hand and the
user/s of the mobile application on the other hand, hereafter referred to as “the parties”.
The parties agree that their relationship shall be solely regulated by the present general conditions, to the
exclusion of all others.
The application user declares that he/she acts in full legal capacity.
Any person judged legally incapable, in accordance with articles 1123 et cetera of the Civil Code, may in no
wise make reservations on the site, or must make such by dint of an intermediary and under the
responsibility of their legal representative. This legal representative is required to respect the general
conditions.
1.2 Description of DIGIWELLNESS services
The DIGIWELLNESS mobile app is supplied free-of- charge and is intended for personal, non-commercial
use.
The app’s functionalities are as follows:
Duty pharmacist and geo-localisation
Indicates the closest partner pharmacist to the user’s location;
Indicates the closest duty pharmacist to the user’s location;
Shows a map of independent members of the Life Pharma/CERP group of pharmacists with their
addresses and opening hours.
Prescriptions: a patient can send a photo of their prescription, medicine packaging or even a text to their
pharmacist and be informed the moment their order is ready.
Orders: a pharmacist can choose the products and quantities desired via the DIGIWELLNESS app.
News: pharmacists can download medical news via the DIGIWELLNESS app to send on to their clients.
Offers and coupons: patients can scan the coupons they receive from medical laboratories in order to
benefit from reductions.
Financial transactions take place outside the DIGIWELLNESS platform.
1.3 Price
The price of products ordered/reserved is not communicated by the app. The sum total of the order will be
communicated to the patient in the pharmacy chosen as a collection point.
Article 2 Intellectual property
2.1 Property
All constituent elements of the app, including the underlying technology, are protected by copyright law,
registered trademark, patent law or general intellectual property legislation, as well as by the law relative to
databases. They are all the exclusive property of HEALTH & TECHNOLOGY SPRL or of third parties from
whom HEALTH & TECHNOLOGY SPRL has obtained a concessionary licence.
Inasmuch as the user respects the present general conditions, HEALTH & TECHNOLOGY SPRL grants a
non-exclusive, non-transferable and revocable user licence for DIGIWELLNESS.
Any hypertext link to DIGIWELLNESS that uses of framing, in-line or deep linking techniques is formally
prohibited. In all cases, even those tacitly authorised, any such link must be immediately removed if
requested by HEALTH & TECHNOLOGY SPRL.
2.2 Forgery warranty
All reproduction, distribution or publication by any means, including adaptation, translation, processing or
usage, whether whole or in part, of the content of this DIGIWELLNESS mobile app without the explicit prior
written agreement of HEALTH & TECHNOLOGY SPRL is prohibited.
Article 3 Privacy protection with regard to personal data
If you decide to use DIGIWELLNESS, you agree to provide HEALTH & TECHNOLOGY SPRL with exact
data.
See Annexe 1: Privacy and Data Protection Policy.
Article 4 User responsibility
4.1
The user is entirely and exclusively responsible for his/her use of the application and the consequences
thereof, without the least recourse against HEALTH & TECHNOLOGY SPRL.
4.2
The user is solely responsible for the confidentiality of any codes or passwords enabling the use of the app
or access to user data, as well as any such use or access by third parties, whether or not these have been
authorised by the user.
4.3
The user agrees:
1. Not to use the DIGIWELLNESS mobile app to nefarious or illegal ends, nor in a manner
prejudicial to the rights of HEALTH & TECHNOLOGY SPRL or to the rights of third parties,
including intellectual property and, in particular, not to use DIGIWELLNESS for the diffusion of
trade secrets, detrimental or illegal communication, nor for any immoral, discriminatory or
offensive action prejudicial to either HEALTH & TECHNOLOGY SPRL or its third parties.
2. Not to hamper or perturb access to the DIGIWELLNESS mobile app, nor to access HEALTH &
TECHNOLOGY SPRL computer systems, whether to modify or use these for the transmission
of computer viruses, hack attacks, worms etc., or to commit any action thereupon that could be
interpreted as computer crime.
3. To respect these general conditions of use.
4.4
In the event of the DIGIWELLNESS user failing to respect these contractual obligations, HEALTH &
TECHNOLOGY SPRL reserves the right to prohibit their use of the app, to immediately block their access
thereto and to demand payment of any damages with interest. Furthermore, the user agrees to indemnify
and exonerate HEALTH & TECHNOLOGY SPRL from all liability for loss, damage, costs or expenses
incurred by HEALTH & TECHNOLOGY SPRL as a result of the user’s non-respect of these obligations.
Article 5 Responsibility of HEALTH & TECHNOLOGY SPRL
5.1
HEALTH & TECHNOLOGY SPRL is only bound by best-effort obligations concerning all stages of access to
the app, its use for reservation and/or for subsequent services. Thus the responsibility of HEALTH &
TECHNOLOGY SPRL cannot be engaged for any inconvenience or damage suffered that is inherent to the
use of the Internet, notably with regard to service interruptions, exterior intrusions, computer viruses or
anything that can be construed as force majeure.
5.2
Other than for fraudulent intent or gross negligence, HEALTH & TECHNOLOGY SPRL may not be held in
any wise liable for problems or damage, of whatever nature, entailed by the user as a result of the incorrect
use of products. To this end, the user is expected to carefully read and follow advice contained in the notice
provided by the manufacturer, either on or inside the product packaging, and which carries important
information, in particular with regard to dosage and contraindications.
HEALTH & TECHNOLOGY SPRL cannot be held liable for eventual alterations or defects in the products, as
these are the sole responsibility of the manufacturer and vendor.
5.3
HEALTH & TECHNOLOGY SPRL cannot be held liable for consequences arising to the user or to third
parties from the misuse of the DIGIWELLNESS app and the user data it stores by persons to whom the user
or a third party has, whether voluntarily or involuntarily, enabled access.
5.4
DIGIWELLNESS is made available to users in its current state of development. HEALTH & TECHNOLOGY
SPRL confers no guarantee with regard to the mobile app.
5.5
By the present text, HEALTH & TECHNOLOGY SPRL excludes all conditions, guarantees, declarations or
statements regarding the content of the mobile app and the genuine or alleged provision therein, or lack
thereof or delay thereof, of any service relating to DIGIWELLNESS, regardless of its nature, and according
to which the app is exact, complete or updated, which might affect relations between XXX and the user or be
considered as implied by, or incorporated within, the present General Conditions or any other related
contract, by virtue of legal, statutory or other provisions.
Users understand and accept that they use DIGIWELLNESS at their own risk and that HEALTH &
TECHNOLOGY SPRL does not guarantee that the mobile app will meet user expectations, nor that it will
function in an uninterrupted, faultless and secure manner.
5.6
Any content or service provided by HEALTH & TECHNOLOGY SPRL via the app is delivered “as is” and
according to availability.
5.7
Entirely at its own discretion, HEALTH & TECHNOLOGY SPRL reserves the right to alter or delete content
or services from the DIGIWELLNESS app.
Notably, and without being limited by the following, HEALTH & TECHNOLOGY SPRL does not guarantee
DIGIWELLNESS a complete absence of programming error, that the app will meet all user expectations,
never be subject to interruption, dysfunction or breakdown of service, that it can be used in all locations, that
there will never be loss of content or other data, that it is adequate to a particular usage, or that there will
never be any problems relating to data transmission or conservation, etc.
Article 6 Litigation and applicable law
In the event that difficulties with the application, interpretation or nature of these general conditions, or
concerning the reservation service require litigation, the courts of Liege will be solely competent to resolve
the dispute, regardless of the user’s address.
All contractual and judicial relationships between the user and HEALTH & TECHNOLOGY SPRL are subject
solely to Belgian law.
Article 7 Invalidity and integrity
Should one or more stipulations of these general conditions be considered invalid, be voided by law, be
regulated or rendered inapplicable due to a definitive decision of the competent jurisdiction, all other
stipulations remain unaffected in their validity and reach.
Article 8 Proof
The computerised records, conserved in the system databases of HEALTH & TECHNOLOGY SPRL and its
partners under reasonable conditions of security, shall be considered as proof of the communication that has
existed or exists between the parties.
Article 9 Modification
HEALTH & TECHNOLOGY SPRL is entirely free to modify the above conditions at any moment without prior
notice.
Continued use of the DIGIWELLNESS mobile app after such an adaptation of the general conditions has
been undertaken implies the user’s full and irrevocable acceptance of the altered version.