Effective Date: Jan 20th, 2018
General acknowledgments and parties involved
This Website, Biopsy.me (the “Website”), is operated by Agoko NV. Agoko NV is a Belgian company with registered office at Edgar Tinelstraat 70, 9112 Sinaai, registered with the Belgian Companies Registry (KBO) under the number BE0568.524.522, hereinafter referred to as “Agoko”, “we”, “us”, “our”.
Other parties involved include the pathology experts (“Physicians”) and other medical staff, providing an expert diagnosis (“Second Opinion”) on human tissue samples (“Blocks” or “Slides”) or scanned and digitized images thereof (“Images”) whether or not operating through a medical institution (“Institution”). Note that where the term Physician is used, also Institution may be read. The Second Opinion shall be summarized in a “Report” and shall always be delivered to the User in the English language.
The User is not necessarily the same person as the patient (the “Patient”) whose Slides and patient information are to be reviewed by the Physician(s). It is therefore explicitly acknowledged by all parties that the Patient will at all times remain anonymous and unidentifiable to Agoko and the Physician(s).
Every use of this Website is governed by these “Terms and Conditions of Use”.
Your use of the Website creates a binding and enforceable legal agreement between you as the Website user, and Agoko and signifies your acceptance and consent to be bound by the terms and conditions contained in this Agreement. Therefore you should read these Terms and Conditions of Use carefully. Their correct understanding is essential for the proper use of this Website. Should you have any questions regarding the correct understanding of these Terms and Conditions of Use, contact us at firstname.lastname@example.org. If you do not accept any of these terms and conditions you should not use this Website.
Important: United States and Canadian citizens are excluded from the possibility to obtain a Second Opinion (or any other service) through the Website.
Creation of a Biopsy.me account
- To use the Website with the aim to ask an expert Physician chosen by Agoko (hereafter the “Physician”) for a Second Opinion and a Report (the “Service”), you will have to create your personal account (“Account”) by completing the online registration process. During the registration process, you will be asked to fill out a registration form with your email address and password that you will use to login to the Website. Please note that all registrations are subject to our acceptance, which is only granted at our sole discretion. We shall not correspond regarding the fact that your registration would have been refused and no appeal to said decision shall be available.
- Before submitting the registration form a “User Agreement” between you and Agoko for using this Website under these Terms and Conditions of Use is displayed and should be accepted in order to be able to advance in the registration process.
- All the information provided by you must be accurate and submitted in the form and extent required on the Website. You shall inform us of any changes in the information you have provided at your earliest convenience.
- Always choose a secure password for your login Account and keep this password safe and confidential. Try to protect your Account from any form of misuse. In case you suspect unauthorized use of your Account or access to your password, you should immediately notify us via email.
- By creating an Account, you warrant that you are at least 18 years old and are legally capable of entering into binding agreements with other parties.
- As a User, you are only allowed to create one (1) Account
- Agoko does not allow using its Website and service for any other purpose than described in these Terms and Conditions.
- Our Service can be accessed in the languages indicated on the homepage.
- Agoko makes the information provided by you accessible to the Physician for the purpose of providing the Second Opinion. This information is also – on a need to know basis- accessible to selected Agoko employees and the Agoko Medical Advisory Board members (who will treat the information on a strictly confidential basis) for the purpose of the provision of the Second Opinion, especially for:
- checking whether the format and extent of the Patient information is suitable
- providing helpdesk support to you
- checking if the data you provide and the Report from the Physicians meet the quality criteria.
Ordering a Report
- To order a Report, always follow the instructions given on the Website. As we are continuously improving our Service, these instructions may change from time to time.
- Before you can order your Report, you will have to sign into your Account using the email address and the password you have entered into the registration form.
- You will be asked to fill out all the necessary details regarding the medical background of the patient (the “Patient”) and some other information necessary for efficient communication with the Physician. The Patient may either be yourself or, another individual in case you send the request on behalf of another individual and have provided us with the required written proof that you are legally entitled to request for (any part of) the Service on behalf of said other individual) When ordering a Report, you have to ensure that all information provided to us is complete, accurate, up-to-date, suitable for the provision of the Report and submitted in the form and extent required on the Website. You shall immediately inform us of any changes in the Patient-related information you have provided us wi It is your responsibility to answer all the additional questions related to this information that may be asked by us or the Physician in a true and timely manner as stipulated below.
The Patient-related information that you shall provide in the process of ordering the Report may include (but is not limited to):
- Year of birth;
- Any medical conditions suffered by the Patient;
- Contact details of yourself;
- Contact details of the hospital that is treating the Patient;
- Any additional relevant comment
- Since histopathology is a very specific medical specialism, it is not possible for the User to select a Physicia This is done by the medically trained staff of Agoko after creation of your Account.
- To the extent required for Agoko to be able to carry out the Service, we will ask your treating hospital and their physicians to provide information about you. This is typically in the form of existing reports, whole Slide tissue samples, tissue blocks and/or Slides if availabl The documents are preferably provided in PDF format. Digital Images of your tissue samples may only be uploaded in one of the required formats. Please be aware that in order to provide you with the Report, the Physician will need a complete sequence of your tissue samples, reports and image(s). The whole slide tissue samples, Blocks and Images should also be of sufficient quality and should capture the right tissue part. Should your treating hospital and/or physicians not be able and/or willing to provide us with the Images suitable for review, we will not be able to provide you with a Report. If the treating hospital / physician is willing to cooperate, Agoko can provide Images based on whole slide tissue samples or Blocks as a separate service at an extra fee. The exact price will be communicated before this action is undertaken.
- To finalize your order, you will be asked to review all the information you have provided us with, as well as all the terms and conditions of the agreements (such as the Report Fee, the disclaimers and indemnification, your own contact details and the contact details of your treating physician and any other terms and conditions that could apply to the Service). Please note that in case some of the information you have provided us with is incorrect, we can contact you to adapt the information if necessary.
- The Website allows you to pay using several paying methods. An order confirmation (“Order Confirmation”) will be shown when the payment has been processed correctly.
- As soon as the payment has been processed, Agoko shall undertake the necessary steps to provide you with the Service within a reasonable time period. Please note that since Agoko may depend on the willingness of your treating hospital and physician(s) to provide Agoko with information and/or tissue samples, Agoko may depend on the swiftness of the hospital/physician’s reaction.
- The content and quality of the Report is solely the Physician’s responsibility.
- After the generation of the Report, you may enter a protected section in your Account where you can oversee the total amount of information you provided us wi You may also use your Account to communicate with us.
Delivery of a Report
- At present, Reports can only be made and delivered in Engli
- If you need the Report in another language than English (including the patient related information referred to in section 3), extra time has to be provided for the process of translation of the communication and the information. The cost of the translation shall be added to the Service fee.
- It is your responsibility to provide us with all the information and if possible Slides necessary for the provision of the Repor It is also your responsibility to provide your treating hospital and/or physician with the necessary instructions and mandate to provide Agoko with the information and Slides we may require to provide the Service. It may be the case that the information or Slides you have provided us with are not sufficient for the provision of the Report. Should this be the case, you will be notified of our request for more information via email. Please note that your compliance with this rule and cooperation will enable us to provide you with the Second Opinion in the Report that you have ordered.
- Should there arise any doubts as to whether the information and Slides are sufficient for provision of the Report, it will be the Physician’s decision to make a final assessmen
- No deadline or specific dates to receive your Report can be communicated before you started your application.
- In case we inform you of the rejection of your application, we will promptly refund your paymen
- If the information and Slides you have submitted were incomplete or incorrect, Agoko staff will first try to receive all the necessary data, Slides and other information with your hospital only when you have provided us with their sufficient contact detail Otherwise, you will be requested by us to supply correct and complete information.
- It is at the final discretion of the reporting Physician to assess whether the information and Slides are correct and complet You will be obliged to supply the Physician with correct, suitable and complete information and Slides as per Physician’s request within five (5) working days. If you fail to do so, you will be obliged to settle 50 % of the Report Fee as a compensation for the Physician’s time spent at reviewing incorrect or incomplete information and Slides.
- All sums payable by the User to us are payable by online payment module, at finalising your online request by accepting the Terms and Conditions.
- You will be notified about the delivery of the Report and/or Translated Report via email.
- When you terminate your Account, the final Report will be deleted from your Account as well.
Restricted Uses of the Website and Agoko Services
Under no circumstances are you allowed to:
- Use this Website in a way that may be considered offensive or may interfere with the use by anyone else;
- (Attempt to) circumvent, tamper, hack, modify or otherwise corrupt or breach the security systems of the Website;
- (Attempt to) transmit or upload material that contains viruses, Trojan horses, worms, time bombs or other computer programming routines or engines with the intent or effect of damaging, destroying, disrupting or otherwise impairing the operation of the Website;
- (Attempt to) gain access to any other User Accounts or any other personal information that may be stored by Agoko on behalf of other Users;
- (Attempt to) use the Website for any purposes other than those described in these Terms and Conditions of Use;
- .(Attempt to) reverse-engineer, copy or reuse any programming code that drives the Website and Servi
Services at the Website
- We do not provide Health Care. Please be aware that we are not in any way responsible nor liable with regard to the content and quality of the Report and/or a translation of it. Our Services are provided “as they are” and are limited to administering the Website and the underlying platform that is used by Agoko, with its various functionalities whom the Website allows and for on-time delivery of the Report. The Website may also facilitate contact with Agoko staff, the payment of the Service fee, helpdesk support and uploading Slides and other information relevant and necessary for the conclusion of the Report and provision of the Second Opinion summarized in the Report.
- The Website serves as a platform to conclude Report Agreemen However, we are in no way responsible nor liable for and have no control over the contents and quality of the Report or for any other obligations of the Physician.
- Through your Account, this Website allows you to communicate with us. Any means of communication between you and us via the Website in relation to the particular Report will be closed after ten (10) days from the date of the delivery of Report.
Report Fee, Translation Fee and Payment
- The creation of an Account is free of charge. The preparation of your Report is conditioned by your payment of the Service fee to us.
- You shall pay the Service fee using the foreseen payment mechanisms on the Website.
Intellectual Property Rights
- All intellectual property rights related to the Website and underlying software, its development, operation or updating are exclusive property of us. You agree that you will not use such proprietary information or materials in any way whatsoever except for the use of the Website under these Terms and Conditions of U
- Unless otherwise specified, we grant you a non-exclusive, non-transferable, limited right to access, use and display this Website and the material provided hereon for your personal, non-commercial use, provided that you comply fully with the provisions of these Terms & Conditions. You acknowledge that this Website contains information, software, photographs, illustrations, video clips, audio clips, text, graphics, icons, messages, comments, feedback, ideas, notes, drawings, articles, functionalities and other materials (collectively, “Content”) that are protected by copyrights, data base rights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter devised. All Content is copyrighted under applicable copyright laws and we own a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. Our commercial partners, suppliers, advertisers, sponsors, licensors, contractors and other third parties may also have additional proprietary rights in the Content which they make available on this Website. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Content, in whole or in part. You may not insert or implement any link to this Website in any other website owned, maintained or operated by you, your employer or any other third party without the prior written permission of Agoko. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.
- You agree that you will not upload or in any other way use the Website to infringe the intellectual property rights of the third parties. It is your responsibility to control whether the materials that you want to use in connection with this Website are not infringing any intellectual property rights of third parti
- We will do whatever we can to have our Website and services available at all ti However, the User acknowledges that we give no guarantee whatsoever that the Website services will be available and uninterrupted at all times.
We cannot guarantee either that the information on our Website is always complete, correct or up-to-date. You also acknowledge that we will try to use our best efforts to safeguard our responsiveness and that of the Physicians that are connected via our Service.
You expressly understand and agree that (to the fullest extent permitted by law) we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever. If you are dissatisfied with any portion of our Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website.
- In case of failure of the Website or any part of the Website or Agoko Service, for any reason, we shall use our best efforts to fix the problem as soon as possible and make the Website and other Services available agai
- The User acknowledges that we will from time to time perform maintenance, adjustments or improvements of the Website. The User agrees that unavailability of the Website during these processes shall not constitute a breach of User Agreemen If possible and desirable we will inform the User of unavailability of the Website ahead of time.
- To the fullest extent permitted by mandatory law, we shall not be liable for any direct, indirect, incidental, special, consequential, exemplary or punitive damages, or any other damages whatsoever. If you are dissatisfied with any portion of our Website, or with any of these Terms & Conditions, your sole and exclusive remedy is the discontinuation of your use of this Website. We have no responsibility or liability for the Second Opinion or for the contents and quality of the Report. This will fall solely under the relevant liability of our subcontractor being a Physician.
- Our Website may include links to other Website You agree that we have no influence on and no liability whatsoever for such linked Websites. If you visit those Websites, we encourage you to consult the terms and conditions and privacy policies available there.
- These Terms and Conditions of Use are governed by the Belgian law.
- All definitions used in these Terms and Conditions of Use are used in both singular and plural notwithstanding their meanin
- If any provision of these Terms and Conditions shall become or be declared unlawful, void, or for any reason unenforceable, such provision shall be deemed severable from these Terms & Conditions and shall not affect the validity and enforceability of any remaining provisions. These Terms & Conditions are the entire agreement between you and us relating to the subject matter herein. Any disputes arising out of or in connection with these Terms and Conditions of Use shall be submitted to the Belgian court that has the jurisdiction according to the Belgian law
- Statutory regulations on mandatory application of national or international consumer protection law remain unaffected. In case of any inconsistencies between these Terms and Conditions of Use and the Report Agreement, these Terms and Conditions of Use shall prevail.
If you need any assistance relating to the above, please contact us.
Edgar Tinelstraat 70