Access to the Software
Purpose and Use of Software
The Software is provided online on a website and is developed to support hemophilia patients and licensed healthcare professionals. The content on this website, including all information, text, graphics, images, hyperlinks, illustrations, designs, icons, photographs, documents, products, computer programs, services and written and other materials (collectively, the “Materials”), might contain information on medical and health-related topics and such information is for general guidance purposes only. It is the ultimate decision of each User to decide which treatment and related products are appropriate for which type of patient.
The Software is designed to support patients and Users monitor patient bleed incidents, medication infusion and treatment regime. The Software is intended for use in patients 1 year of age or older; the User will not be able to create a profile for a patient who is less than 1 year old in the Software. The Software provides a mobile app and web interface for patients to record their bleed incidents and infusion medication and share these records with their hospital or healthcare establishment (“Establishment”). The Establishment is responsible for enrolling and maintaining healthcare practitioners and patients. Any patients registered under the Establishment will consent to sharing their personal information (hereinafter: “Patient Information”) (full name, email address, phone number, date of birth and weight) and their treatment information (bleed and infusion related information, including but not limited to, site of bleed/infusion, date and time of bleed/treatment, images, product and dosage information) with all Users registered within the same Establishment. Baxalta does not have access to any patient information unless the patients have provided consent, and will not intervene with the enrolment, management or removal of Users from the Software. Baxalta is responsible for the maintenance and resolution of any technical and administrator issues on the Software, and as such, will have full administrative privileges on the Software.
In order to use the Software, Users need to set up an account. To set up the User account, the following Personal Information about the User needs to be entered in the Software: (i) first, middle (optional) and last name; (ii) salutation; (iii) email; and (iv) phone number(collectively, “User Personal Information”).
Each User can access his or her User account by means of a User ID and password. After logging-in to his or her User account, the User can view Patient Information shared with the Establishment, and create rule based alerts against patients. The information provided by the Software is not intended to replace the professional judgment of the caring physician, pharmacist or other qualified healthcare professional who is responsible for prescribing and dosing medication..
Information in the Materials may not be current and may be superseded by more recent information published by us. Users are responsible for verifying that they have consulted the most recent Materials on our website.
You, as a User of the Software, are responsible for maintaining the confidentiality of your User ID and password. You are also responsible for all uses of your User ID and password whether or not authorized by You. If you are a User’s personal representative, you represent that you have the User’s permission to use the Software on his or her behalf. Furthermore, You are also responsible for protecting the confidentiality of the information displayed on the screen after you login with your User ID and password. Baxalta is not, and You acknowledge that Baxalta is not, liable or responsible for any losses caused by any unauthorized use of your User ID and password. When you are ready to leave the Software, remember to always use the “Log Off” button and then exit your browser, since this will help to protect the confidentiality of the information accessible on your account.
Use of Materials
Unless otherwise noted, all Materials are copyrights, trademarks, trade dress and/or other intellectual properties owned by, controlled by or licensed to Baxalta or third parties (hereinafter, the “Third-Party Providers”). Except as stated herein, and to the extent permitted by law, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior express written permission of Baxalta or the Third-Party Provider. You may print and may download copies of Materials from the website for your personal reference, reference by other Establishment Users, or reference by your patients. You must not modify the paper or digital copies of any Materials You print or download in any way, and You must not use any illustrations, photographs, video or audio sequences, or any graphics separately from any accompanying text. You also may not, without Baxalta’s prior express written permission, “mirror”, screen-scrape or frame by any other similar method, any Material contained on this Software on any other server. Any use of these Materials on any other website or networked computer environment for any purpose is prohibited. Any unauthorized use of any Materials contained on this Software may violate copyright, trademark, and other laws, including but not limited to laws of privacy and publicity, and may result in severe civil and criminal penalties.
We do not transfer title to the Software to You. You own or are responsible for the medium or electronic device on which it is viewable or recorded, but we (or our Third-Party Providers) retain full and complete title to the Materials and all intellectual and industrial property rights therein. You are also solely responsible for the Software’s compatibility, ability to function and interface with your medium or electronic device. Baxalta reserves all rights not expressly granted to You.
Baxalta provides reasonable efforts to ensure that the Software functions properly and in a timely manner. However, Baxalta does not guarantee the availability of the Software at all times. Baxalta frequently updates the Software and the website may be temporarily unavailable for scheduled or unscheduled maintenance by Baxalta or third party suppliers, or for other causes beyond Baxalta’s reasonable control.
Compliance with law
Baxalta declares that the Software complies with all applicable laws. Baxalta also declares that its processing of personal data complies with applicable data protection and privacy laws.
Defense of third party claims
The Establishment will defend Baxalta, its affiliates, officers and employees against any claims by third parties, including patients, relating to the Establishment's or Users' use of the Software, unless such claim relates to a fault committed by Baxalta.
Confidentiality and Security on the Internet
Termination of Accounts