Terms and Conditions

Subject

These General Terms and Conditions of Contract, together with the Price List and the Annexes, govern the contractual relationship between CONFIRMO, the owner and manager of the Service, and the Customers.

The acceptance of the Terms and Conditions, the Price List, and the Attachments by the User constitutes the prerequisite for the Registration of the same in the list of Customers and for the consequent access to the Service.

The Customer declares that they have carefully read these Terms and Conditions, the Price List and the Attachments before registering, accessing and using the Service.

The Customer, without having to physically sign any paper form, can sign these Terms and Conditions, the Attachments and the conditions of the Package of the selected Price List, after completing the insertion of the requested data in the electronic Form available on the Site and having finally selected the appropriate “Register” button. The selection of the aforementioned button must be understood as a subscription to all effects of the Terms and Conditions, the Price List and the Annexes, as well as the provisions of the Civil Code contained therein.

By registering for the Service, the Customer accepts the sending by CONFIRMO of information via email and / or SMS to facilitate the use of the Service.

Service operation

Service Description

CONFIRMO offers its customers a tool that supports customers in obtaining informed consent from patients in full compliance with current legislation.

CONFIRMO, therefore, thanks to the Product, allows Customers to digitalize and certify the process of understanding, by Patients, of the risks associated with medical activity. To this end, the Software integrates various functions, such as, by way of example and not limited to: SPID, advanced electronic signature (FEA) via the graphometric module, and remote qualified electronic signature (FEQ).

The CONFIRMO Software has been developed alongside doctors, managers and lawyers with the aim of responding to their needs, in compliance with the provisions of Laws 219/17 and 24/2017 regarding Informed Consent.

Product components

Product means the set of the following components, both Hardware and Software, which allow the Customer to be able to use the Service:

  • Samsung A tablet with S Pen – type: hardware;
  • “CONFIRMO” software platform – type: software;
  • Certification Authority Services (graphometric engine, qualified electronic signature, replacement filing) – type: services.

CONFIRMO is the sole owner of the Software.

CONFIRMO grants the Customer, upon payment of the consideration foreseen for the selected Package, a non-exclusive, forward and revocable license at any time in order to use the Service through the Product.

CONFIRMO will not be held responsible for any damage resulting from the non-compliant use of the Tablet with respect to what is provided in this document and in the explanatory booklet provided by the manufacturer (the “Illustrative Booklet“). In this regard, please refer to the explicit limits on use contained in the Illustrative Booklet, in this document; in particular, the “USE NOT PERMITTED” section.

Product components supplied by third parties

The Customer acknowledges that the Product is made up of third-party hardware components over which CONFIRMO has no direct control.

CONFIRMO therefore declines any responsibility for damages, direct or indirect, that may derive from problems related to the functioning of the Hardware component and / or from omissive conduct regarding the correct instructions for use and information on potential risks for the health of Users. These responsibilities remain with the manufacturer.

Site Access

Each Customer, in order to use the Service, must access the website www.confirmo.it and then proceed to the next Registration phase.

Registration, Verification, Activation, Shipping, and Rules of Conduct

Registration and verification

Registration is possible through the Site or through authorized Partners.

Customers can register for the Service by personal email address and password.

When registering, when filling in the appropriate form, all or some of the following data may be requested from the Customer:

  • Personal Data;
  • VAT number;
  • Email and password (the “Credentials“) to access the personal / company profile;
  • Shipping address;
  • Phone number.

The potential customer, informed at the time of Registration regarding the purposes of the Service and the related delivery methods (through this document, the Price List and the Attachments), agrees to enter the required data into the Form in order to complete the phase of registration.

In order to complete the Registration process, the Customer must select the chosen Package from those in the Price List, select the payment method, enter the data, and proceed to pay the fee corresponding to the chosen Package.

CONFIRMO reserves the right to refuse the Registration of a Customer if it is reasonable to believe that it will not comply with the Terms and Conditions and / or the Price List and / or the Annexes.

If no formal irregularities are found at the end of the Registration phase, CONFIRMO will send the Customer a written communication by email confirming that the Registration has taken place (the “Confirmation Communication“).

The Confirmation Communication will contain the instructions that the Customer must follow in order to proceed with the subsequent identification and activation of the digital signature certificates remotely, as CONFIRMO reserves the right to decide whether to definitively accept and, therefore, authorize the contractual relationship with the potential Customer, only after the positive outcome of the identity verification, the truthfulness and accuracy of the data entered during the Registration (the “Verification“).

The Verification phase will be carried out by one of the following certification companies (“Certification Authority“) in the sector, within ten days to be calculated from the date of completion of the Registration process by the Customer.

Certification Authority List:

  • Intesa SpA
  • Trust Technologies SpA

Activation and shipping

CONFIRMO, at the end of the Verification phase, will notify the Customer via email of the definitive activation of the Service based on the Package purchased (the “Activation“).

After completing the Form, Verification and Activation, CONFIRMO will proceed with the shipment of the Product to the Customer (the “Shipment“), so that the Customer can use the Service, in accordance with what is prescribed in the purchased Package.

The Activation communication will contain the code to track the Shipment.

The Shipment will be made to the address communicated by the Customer during the registration within 30 days from the receipt of the confirmation of Activation.

The Customer is obliged to promptly inform CONFIRMO of any change in personal information communicated during the Registration and Verification that occurs during the validity of the contractual relationship. This information includes personal data and payment information (e.g. account number and / or credit card information).

If the Customer does not receive the Product within 30 days from the Activation communication, he must inform CONFIRMO by sending a communication by email to “sales@confirmo.it”.

If the Customer encounters problems during the configuration and / or initialisation of the Product, he must send a written communication via email to “sales@confirmo.it” concerning “License Activation”.

The Customer data entered at the time of Registration will be stored in the Customer’s personal profile. Once the Activation phase is completed, the Customer will be able to access his / her profile via the Credentials. By accessing the profile, the Customer will be able to consult information relating to: the Service, the Packages available, the payment methods and times, and the Informed Consent obtained by each Patient

The data entered during the Registration will be processed in accordance with the CONFIRMO privacy policy, which can be consulted in the “Privacy Policy” section of the website, available in full at the following link https://www.confirmo.it/informativa-trattamento-dati/

If the Customer complains of irregularities regarding the management of his / her personal data communicated during the Registration, or simply wishes to request their cancellation, he / she may contact CONFIRMO at “dpo@confirmo.it”, indicating as the subject “CANCELLATION OF PERSONAL DATA”.

Rules of conduct

The use of the Service is granted only to the Customer. The Customer cannot authorize third parties to use his / her account, unless expressly permitted, and will be responsible for the secrecy of his / her Credentials. Unless otherwise permitted in writing by CONFIRMO, the Customer can register only one Account on each Hardware.

The Service and all rights relating to it are and will remain the property of CONFIRMO. CONFIRMO does not intend to transfer to the Customer, by adhering to these Terms and Conditions, the Price List and the Attachments, any rights to the Service, the Product or in relationship to them except as expressly provided in the aforementioned contractual documents. CONFIRMO also does not authorize the Customer to use or refer in any way to names, logos, products and names of the Service and CONFIRMO brands, unless expressly permitted and / or otherwise provided in this document, in the Price List and in the Attachments.

The Customer undertakes to respect and carry out in good faith and diligence the commitments made and deriving from the use of the Service, contained in these Terms and Conditions, in the Price List and in the Annexes as long as the Customer remains a customer of CONFIRMO.

Price list

CONFIRMO allows its customers to choose which offer, in the form of a Package, is best suited to their needs. In this regard, CONFIRMO has provided different Packages for Users, also according to the quantity and extent of the Services.

The aforementioned packages, therefore, differ in: possibility of customization; type and quantity of services; extension of account number; number of hardware devices; price; payment method; duration; and possibility of withdrawal.

The duration and price for the purchase of each Package and / or individual services are always available in the section in the Price List on the Site.

Any agreements and / or promotions will have a limited duration and will also be available in the Price List section. These are, in general, valid only for use by the Customer to whom they have been specifically issued, in accordance with the Price List in force at the time of assignment.

The payment will be valid from the moment of the Activation of the Service.

Methods of payment, delays and withdrawal

The Customer is required to pay the amounts relating to the Package purchased, by bank transfer and credit card.

In payment, it will be considered effective from the Activation.

If the Customer does not pay the amount due within the timeframe described in the Package (available in the Price List) purchased by him / her, CONFIRMO reserves the right to inhibit the use of the Product.

If provided, the Customer will be given the opportunity to cancel the Service in the manner and timing described in each Package (available in the Price List section of the Site).

Invoice

CONFIRMO, if the Customer makes an explicit request, will issue an electronic invoice to the Customer, at the conditions and prices set out in the Price List available on the Site.

The invoice can be requested and downloaded from the “Invoices” section on the App and on the Site.

Service operation

The Customer, after completing the Registration process, having selected and purchased the Package corresponding to his / her needs (chosen from those present at the time of purchase in the Price List), will physically receive the Product already configured and ready for use.

Customers, by making the Tablet available to their Patients, will be able to provide them with an interactive tool that allows them to better understand, and therefore to consciously and digitally sign the Informed Consent form.

After obtaining the Patient’s Informed Consent, the Customer can store it for legal purposes in the replacement storage system.

Warranties

The warranty rights of professionals, i.e. non-consumers, are governed by the provisions of the Civil Code in force regarding the granting of a license. In any case, any complaints about defects or damage, which were not recognizable or expressly accepted by the Customer when delivering the Product, even if deriving from packaging operations of the shipped goods, must be received in writing at the contact details of CONFIRMO Srl within 8 days from discovery.

Warranty and hardware update

In the event of a malfunction, defects, or damage in the Hardware, the customer will have the opportunity to take advantage of the warranty issued by SAMSUNG, by sending an email to “helpdesk@confirmo.it” containing the description of the defects encountered.

The Customer will be required to attach to the aforementioned written communication containing the description of the defects or damage found, the photographs that represent the evidence of the aforementioned defects or damage in the Hardware.

If the Hardware sold is found to be defective or damaged, CONFIRMO Srl reserves the right to propose replacement of the Product to the Customer.

Within 2 days from the receipt of the aforementioned email, CONFIRMO will inform the Customer via email of how to collect and replace the defective Hardware.

The replacement option is not automatic, but takes place upon successful verification that the defects or damage are not minor or in any case such as to affect the use or appearance of the Hardware in any way.

Damage caused by improper use, other than the permitted use of the Product, with particular reference to the Hardware components, are not covered by the warranty. CONFIRMO therefore assumes no responsibility for direct or indirect damage resulting from such incorrect, improper or careless use of the Product. Furthermore, CONFIRMO assumes no responsibility for direct or indirect damages suffered by people or things as a consequence of the incorrect, improper, or careless use of the Product by the Customers.

CONFIRMO will be able to remotely update the Hardware of the Customers who, for their part, undertake, if requested, to perform the necessary actions to update it.

Security and software warranty

CONFIRMO, in order to guarantee the correct functioning of the Service and, in particular, the security of the data uploaded and stored on its Software, makes use of the document keeping services offered by the company In.Te.SASpA (the “Conservator“).

The Conservator, therefore, offers a service for the conservation of health data, in accordance with the law, designed to allow:

  • the acquisition of documents sent by Patients in the formats required by law (e.g. txt, Spool, PDF, DICOM, etc.);
  • formal documentation checks;
  • the application of “time stamp” on documents with attached digital signature of Customers and Patients;
  • cloud storage, consultation, publication and forwarding of the aforementioned Patient data.

The Conservator has declared that he has all the necessary authorizations and certifications to allow him / her to carry out the aforementioned activity in compliance with the current legislation on the matter, this to guarantee the security of the data present on the Software.

If the Customer encounters problems related to the functioning of the Software, he must send a specific communication via email to the helpdesk@confirmo.it containing the details to qualify the problem.

CONFIRMO reserves the right to resolve the problems presented by the Customer, directly or through third parties designated for this purpose.

For the entire duration of the contractual relationship, CONFIRMO guarantees the Customer the necessary assistance on the Software and that, should it replace the Conservator, the security of the health data present on the Software will be of equal or higher level than that already adopted.

It is understood that CONFIRMO cannot be held responsible for any damage caused directly or indirectly to Customers and / or their Patients if such damage is the result of willful misconduct or fault on the part of the Conservator and the Customer himself / herself.

Warranty limitations

It is understood that the guarantee, except in cases of willful misconduct by CONFIRMO, does not specifically cover any replacements for damages and / or malfunctions due or resulting, directly or indirectly, from:

  • fortuitous events or causes of force majeure (such as, by way of example: floods, structural collapses, natural events);
  • use of the Product in a manner that does not comply with or in any case differs from the prescriptions, warnings and recommendations contained in this document and on the Site and in the Illustrative Booklet;
  • improper use of the Product (by way of example and not limited to: tampering with the Hardware, use of Hardware for purposes other than using the Service);
  • willful misconduct, negligence, inexperience, imprudence on the part of the User;
  • accidents with goods, people, animals, objects identified or not, vandalism;
  • external causes and / or foreign bodies (such as, by way of example: scratches, abrasions);
  • normal wear and / or technical obsolescence of the Hardware, meaning the loss of efficiency, deterioration and wear and tear that any material, particular and / or component, suffers for the sole effect of prolonged use;
  • temporary interruption of Product operation.

CONFIRMO is not liable for damages resulting from any stoppages in the use of the Service, caused by delays in hardware repairs or replacements. The Customer, for himself / herself and his / her assignees, collaborators, Patients and / or users, exonerates CONFIRMO from any liability for “emerging damages” or “loss of profit”, such as loss or loss of earnings, resulting from unavailability or detention for the time necessary repair, maintenance and / or replacements.

Prohibited use

Users are not allowed:

  • reverse engineer, disassemble, modify hardware and / or software, create derivative works on the software code or on any portion of the same;
  • circumvent the IT systems used by the Conservator, CONFIRMO and / or its licensors to protect the contents of the Software;
  • copy, store, modify, change, or alter the contents of the Software in any way;
  • use any robot, spider, site search / retrieval application, or any other device, process or automatic means to access or retrieve the technical specifications on the Software;
  • resell, rent, license or sublicense the Product, without the prior consent of CONFIRMO or unless expressly waived;
  • disseminate or publish illegal, obscene, illegitimate, defamatory or inappropriate content;
  • publish and advertise the Product or other product with specifications similar to that provided by CONFIRMO, with a different name and / or claiming it in any form of ownership;
  • provide false or defamatory information to CONFIRMO and its Product to third parties or patients;
  • use the CONFIRMO Product in any other improper way that violates these Terms and Conditions and the content of the other documents on the Site;
  • violate any applicable law in the matters indicated above.

If the Customer’s actions violate, in form and in substance, the aforementioned provisions, or, while respecting them, create economic, reputational or legal risks for CONFIRMO, the same reserves the right to immediately stop providing the Service to the Customer. In this case CONFIRMO will send the Customer an email notification with information on the reasons and methods of interruption of the Service.

Copyright

All trademarks, figurative or nominative, and all other signs, trade names, service marks, word marks, trade names, illustrations, images, logos, possibly registered in the name of CONFIRMO and inherent to the Product, are and remain the exclusive property CONFIRMO or its licensors, in compliance with the provisions of the national and international legislation in force regarding intellectual property.

Limitations of liability

CONFIRMO, within the limits of the legislation in force, is liable for contractual and non-contractual damages caused to the Customer or to third parties, only when these constitute immediate and direct consequence of willful misconduct or gross negligence.

The Customer exempts and expressly releases CONFIRMO from any liability, within the limits permitted by applicable legislation, in relation to any damages or claims, own and / or third parties, of any type and kind, including direct or indirect incidental damages, on people or things, damages deriving from lost profits, reputational damages, loss of data, replacement costs, deriving from the failure to observe or breach of these Terms and Conditions by the Customer himself / herself.

Changes to these terms

CONFIRMO reserves the right to modify the provisions of this document, the Price List and the Annexes, at any time and for the reasons it deems most appropriate.

Any changes will be communicated to the Customer by email and / or by publication on the Site.

The changes will be applied starting from the first day of the first month following the one in which CONFIRMO has announced them to the Customer in writing, unless the law or administrative provisions impose or imply an early or later application date.

In case of dissent, the Customer may withdraw without charge from this document and from the Service, by communication by email or by PEC at the addresses posta@pec.confirmo.it which must reach CONFIRMO within and no later than fifteen calendar days from date of receipt of the notice of modification of the conditions.

In this case, the withdrawal will become effective at 24:00 on the day before the day in which the changes would otherwise have applied.

The Customer, who decides to continue to use or have the Service used, following the modification (s) of one or more parts of the aforementioned documents by CONFIRMO, will automatically accept the new terms and conditions.

Express termination of the contract

CONFIRMO will have the right to terminate the contractual relationship pursuant to Art. 1456 of the Italian Civil Code when the following events qualify as serious breach:

  1. use of false credentials, false documents or in any case not attributable to the Customer, including the indication of promotional codes / conventions without being entitled to them;
  2. failure or delayed payment of the amount due, whether the consideration is to be paid once, monthly or annually, based on the package purchased;
  3. if the Customer, despite a written warning, does not stop a serious violation of these Terms and Conditions or if he does not immediately remedy the consequences that have already occurred in relation to these violations;
  4. in case of improper use by the Customer of the advantages deriving from the attribution of particular conventions or agreements in place between CONFIRMO and third parties.

The resolution will take place by written communication addressed to the contact details communicated during the registration by the Customer. In any case, CONFIRMO has the right to act for further damage.

Transfer of agreement

CONFIRMO reserves the right to transfer, assign, dispose by novation or subcontract all or some of the rights or obligations deriving from these Terms and Conditions, provided that the Customer’s rights provided herein are not affected.

The Customer cannot assign or transfer in any way his / her rights or obligations pursuant to these Terms and Conditions without the written authorization of CONFIRMO.

Communications

Any communication relating to the CONFIRMO Product must be sent using the following contact information:

Email sales@confirmo.it

Address: Via Volga c / o Fiera del Levante pad.129 70132 Bari, Puglia – ITALY

Tax number: 08336150720

VAT number: 08336150720

PEC: posta@pec.confirmo.it

Invalidity

If any provision of these Terms and Conditions should be deemed null, voidable or, more generally, ineffective, it will not affect the nullity, voidability or ineffectiveness of the remaining provisions contained therein, which will continue to have full force.

Any provision of these Terms and Conditions that has been declared invalid will be modified in good faith so as to comply with the renewed validity requirements or balanced criteria of lawfulness and, once modified, will be considered valid from the beginning.

Applicable law and jurisdiction

All disputes regarding the execution, respect, interpretation and validity of these Terms and Conditions are subject to Italian law.

CONFIRMO and the Customer undertake to make a prior attempt at conciliation, by means of a communication to be sent to the CONFIRMO Srl addresses, containing the details of the controversial issue. If, within 60 days of the aforementioned request, the attempt at conciliation has not given a positive result, the aforementioned parties undertake to devolve the dispute, within the limits of the applicable legislation, to the jurisdiction of the Italian courts, with an exclusive forum identified in the Rome forum.

General clause

The use of the Product and the failure to exercise the right to rethink in accordance with the law, constitute full acceptance of these Terms and Conditions.

By accepting these Terms and Conditions, the Customer declares to have read and understood their subject matter. He also declares to comply with what is prescribed regarding the limits of use.

Support – Customer care

If the Customer encounters problems in using the Product or wishes to exercise any of the guarantees connected to it, he must send a specific communication to CONFIRMO containing the details of the matter at the following addresses:

Email: helpdesk@confirmo.it

 

Last modified on 04.11.2019

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