Before using our services, the web platform, the App, the device and the portal, we recommend that you carefully read the General Conditions, in order to ensure that they work properly, and to do so you must follow the rules and conditions set out below.
These general conditions establish all the conditions under which users are governed in the use of our website berdac.com (“Website”), the BERDAC mobile application (“IMAapp”), IMAdispenser, IMAwheel, IMAbase and the portal monitor.berdac.com (“IMAmonitor”), all of which are the property of BERDAC SMART SERVICES S.L. (hereinafter BERDAC).
IMAdispenser is connected to the cloud for the assistance of both the patient and the authorised entities (hospitals, caregivers, pharmacies and insurance companies) for the taking of each of the different medicines. IMAdispenser notifies the patient when he or she must take the medication and notifies the authorised entities when the patient, after a reasonable time, has not dispensed the medication. IMAdispenser is used only for information and assistance purposes, reminding the user that it is his/her responsibility to carry out the treatment.
IMAmonitor is the administration website through which patients, IMAdispensers, alarms, notifications and the treatment to be carried out are managed.
BERDAC’s IMAapp allows the management of patient adherence in a simple way and to receive all the necessary information for the management of the service directly on the mobile phone.
The use of the Web, IMAapp, IMAdispenser and IMAmonitor, obliges users and implies their acceptance of the Terms and Conditions of Sale and of the contracting of the service. Whenever a user does not accept some or all of these, he/she must refrain from registering on the website, IMAapp, IMAdispenser and IMAmonitor.
Likewise, he or she declares that he or she is of legal age and has sufficient capacity to use the services.
Therefore, access to and navigation on this website, IMAapp, IMAdispenser and IMAmonitor, implies knowledge and acceptance of the following Terms and Conditions of Sale and Service Contracting and is the responsibility of each user.
1. Owner of the service
The owner and proprietor of the berdac.com website, IMAapp, IMAdispenser and IMAmonitor web site is BERDAC SMART SERVICES S.L., with registered office at calle Gabriel i Galán, núm.18, 3º 2ª y CP 08026 – Barcelona, with C.I.F. B – 67350355, and registered in the Barcelona Mercantile Register.
2. Terms and Conditions of Use
These Terms and Conditions regulate the use (including access) of the website which is part of the platform of BERDAC, IMAapp, IMAdispenser and IMAmonitor, including the different contents and services made available on them. Any person accessing the website (user) of IMAapp, IMAdispenser and/or IMAmonitor agrees to be bound by the general terms and conditions in force at the time of access.
The contents and services made available to the user on the website by BERDAC, IMAapp, IMAdispenser and IMAmonitor (respectively, the “Contents” and the “Services”) may be governed by different Special Conditions which, in the event of a possible conflict, shall always prevail over the General Conditions. The user accepts and submits, likewise, every time he uses the corresponding Content or Service, to its corresponding applicable Particular Conditions.
Consequently, the user must carefully read the General Conditions each time he/she intends to use the website, IMAapp, IMAdispenser and IMAmonitor, as well as, where applicable, the corresponding Special Conditions each time he/she intends to use the Content or Service in question.
In any case, BERDAC always reserves the right to modify, at any time and without prior notice, the presentation and configuration of the website, IMAapp, IMAdispenser and IMAmonitor, as well as these general terms and conditions or the corresponding special terms and conditions.
When using the website, IMAapp, IMAdispenser and/or IMAmonitor of BERDAC, the user undertakes not to engage in any conduct which may damage the image, interests and rights of BERDAC or of third parties or which may damage, render useless or overload the website or prevent, in any way, the normal use thereof.
EBRDAC adopts reasonably adequate security measures to detect the existence of different types of virus. Nevertheless, the user must be aware that the security measures for computer systems on the Internet are not entirely reliable and that, therefore, BERDAC cannot guarantee the absence of viruses or other elements that could produce alterations in the user’s computer systems (software and hardware) or in their electronic documents and files contained therein.
We ensure that each of the different contents included in our website, IMAapp, IMAdispenser and IMAmonitor are always up to date, although it is possible that some or all of the information may be inaccurate or imprecise at some point.
We cannot be held responsible for the various transmissions of information that may take place between different users of the website, IMAapp, IMAdispenser and IMAmonitor.
It is the user’s responsibility to ensure that the information provided at registration is true and up-to-date, and it is forbidden to include and/or communicate various contents that are false and/or inaccurate and that may cause or lead to errors by other users. It is essential that the content or communication between users is not contrary to the law or to the dignity of the person, that it is discriminatory for reasons of race, sex, religion, or any other personal condition.
BERDAC has the right to withdraw any content or comment that may be contrary to the stipulations described in these General Conditions, without the need to request the user’s permission or any type of requirement.
BERDAC is not responsible in any case for the different opinions that may be published on the platform or on the social networks by the users, through different participation tools.
To access certain functions of the Service, you must register as a User by creating an Account. By creating an account, you agree, not only on your own behalf but also on behalf of all persons who will use the Services through your account, to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete.
You may only hold one (1) Account.
In order to register as a user on the Website, IMAapp, IMAdispenser or IMAmonitor must be at least the legal age (18 years old) and have sufficient legal capacity to use the Services.
The data entered by the users must be true, and they are responsible for their veracity. The users are responsible at all times for protecting their passwords, assuming any possible damages that may arise from their improper use, as well as the possible transfer, disclosure or loss thereof, and must inform BERDAC as soon as possible in the event of loss.
The user shall be governed by the use of the service offered by BERDAC in these Conditions of Use, and undertakes to make appropriate use of the Website, IMAapp, IMAdispenser and IMAmonitor, without using them at any time for illegal or criminal activities which infringe any law.
The user undertakes not to:
- Disseminate content or propaganda of a racist, xenophobic, pornographic nature, or which advocates terrorism or which violates human rights and public freedoms.
- Transmit advertising that is not expressly authorised.
- Substitute other Users.
BERDAC must be held harmless by the various users of the Website, IMAapp, IMAdispenser and IMAmonitor against any possible claim, fine, penalty or sanction which may be imposed as a result of the user’s failure to comply with any of the rules of use, and BERDAC reserves the right to request compensation for damages.
5.1 How does the IMAdispenser work?
The IMAdispenser works as follows:
- The authorised entity (hospitals, carers, pharmacies and insurance companies) creates an account to enter the patients.
- Subsequently, the authorised entity must register the personal data of the patients, having express authorisation from the patient.
- The authorised entity enters the medical treatment data on berdac.com.
- Blisters associated with the treatment are generated in the account.
- The IMAdispenser connected to the cloud receives the information on the IMAwheel with the dates and times of each of the shots to be dispensed.
- The IMAdispenser sends information to BERDAC’s servers when a shot is reported, the patient dispenses a shot and when the patient, after a reasonable time, has not dispensed the shot.
- The servers will send this information to the entities authorized by the patient for evaluation.
There are three different licences for the use of BERDAC’s services:
Basic License: This license is for personal use and allows a maximum of one patient, one pharmacy and one user or caregiver.
Premium License: this license is more extensive, it allows up to 4 patients, 4 pharmacies and 4 users or carers.
Business License: this license, aimed at companies, includes everything that an authorized entity may require (monitoring of several patients, blisters, users…).
6. Exclusion and revocation
BERDAC reserves the right to prevent the use of the service, temporarily or permanently, to any user who infringes any of the rules established in these conditions of use, which are contrary to the law or moral ethics. Likewise, the BERDAC may exclude users when it considers it appropriate to improve the operation of the service.
We may revoke our consent to the use of our intellectual property or any other permission granted to according to these conditions of use, at any time. You accept that, if we request it, you must take immediate steps to eliminate any use of our intellectual property in which you may be involved.
BERDAC is released from all medical responsibility, as it is only a device for taking the various medicines. Treatment, diagnosis or medical advice is not given by BERDAC, but by your doctor.
IMA products and services are used for information and care purposes only and users are responsible for their treatment.
IMA products and services are not a substitute for professional medical advice, diagnosis or treatment. The user should seek the advice of his or her physician or other qualified health provider.
When using IMA products and services, it is your responsibility to verify that the types and quantities of medications dispensed are consistent with the prescribed dosage.
Likewise, BERDAC shall not be liable for the contents, information, opinions and statements of any user.
BERDAC shall not be liable for the loss of user data for any reason not attributable to the service offered by IMAapp, IMAdispenser or IMAmonitor, the unavailability, errors, access failures and lack of continuity of the service, or for the various failures or incidents which may occur in communications, deletion or incomplete transmissions.
8. Payment Service
All payments made using the BERDAC payment system are secure and protected. For more information, please refer to the Terms and conditions of sale and contracting of the service.
9. Intellectual and industrial property
BERDAC holds the intellectual and industrial property rights to the text, images, graphics, sound files, animation files, video files, software and appearance of the berdac.com or the IMAmonitor portal, as well as the industrial patent of IMAdispenser, and these may not be used, copied or distributed for commercial use without the express consent of BERDAC.
10. Nullity and ineffectiveness of the clauses
If any of the clauses established in these General Conditions were to be declared null and void or ineffective, the nullity or ineffectiveness will only affect this clause partially or totally, with the remaining clauses of these General Conditions remaining in force.
11. Applicable law
These General Conditions are governed and interpreted by Spanish law.
If any user has any questions about these General Conditions or any comments about the platform, please contact [email protected]