TERMS AND CONDITIONS OF USE OF THE SITE

https://oncology.mycerba.com

 

The company CERBA, a public limited liability company with a share capital of €960,000, registered with the Trade and Companies Register of Pontoise under number 402 928 766, whose registered office is located at Zone Industrielle des Béthunes – Rue de l'Equerre - 95 310 Saint-Ouen-l'Aumône (France) (hereinafter referred to as "CERBA"), operates a website, accessible at the address https://oncology.mycerba.com (hereinafter referred to as the "Site").

This Site allows healthcare professionals (including oncologists and pathologists), partners of Cerba, to enter prescriptions for anatomical and cytological pathology examinations and to consult them (hereinafter the "Services").

To access these Services, you must have a My Cerba account (hereinafter the "Account").

Users of the Site are hereinafter referred to as "you".

 

Article 1 – Purpose of the Terms of Use

1. The purpose of these general terms of use (hereinafter the "Terms of Use") is to define the conditions under which CERBA makes the Services and information relating to these Services available to you. These Services are only accessible when you are connected to the Site; this connection is made using your MyCerba credentials (username and password associated with your MyCerba Account).

2. The Services offered by CERBA on the Site are as follows:

  • consultation of the examination catalog,

  • online entry of prescriptions for anatomical and cytological pathology examinations,

  • consultation of prescriptions,

  • printing of prescriptions.

 

Article 2 – Acceptation des Conditions d’Utilisation

Il vous est demandé de lire attentivement les Conditions d’Utilisation avant toute navigation sur le Site et toute utilisation des Services.
En naviguant sur le Site et en utilisant les Services, vous êtes réputés avoir pris connaissance des Conditions d’Utilisation, les avoir acceptées et vous engager à les respecter. Ces Conditions d’Utilisation constituent un contrat entre vous et CERBA pour l’utilisation du Site. 
CERBA se réserve le droit de modifier et de mettre à jour les Conditions d’Utilisation à tout moment, sans préavis ni formalité particulière. Il vous appartient en conséquence de consulter régulièrement les Conditions d’Utilisation. 
Le fait de naviguer sur le Site et d’utiliser tout ou partie des Services postérieurement à toutes modifications apportées aux Conditions d’Utilisation vaudra acceptation de votre part de ces modifications. 

 

Article 2 – Acceptance of the Terms of Use

It is requested that you carefully read the Terms of Use before browsing the Site and using the Services.
By browsing the Site and using the Services, you are deemed to have read and accepted the Terms of Use and undertake to comply with them. These Terms of Use constitute a contract between you and CERBA for the use of the Site.

CERBA reserves the right to modify and update the Terms of Use at any time, without notice or formalities. It is your responsibility to regularly consult the Terms of Use.

Browsing the Site and using all or part of the Services after any modifications to the Terms of Use will constitute your acceptance of these modifications.

 

Article 3 – Creation and use of your Account

3.1 The prerequisites for any use of the Site are:

  • having a computer with a sufficient Internet connection (broadband or fiber) and a browser other than Internet Explorer or,

  • having a smartphone compatible with iOS 10 and Android 4.4, and

  • having a MyCerba Account to access the Services.

 

3.2 If you do not yet have a MyCerba account, you are invited to consult the account creation steps set out in the General Terms of Use of the MyCerba site accessible by following the following link:  https://www.mycerba.com/rgpd/utilisation

 

3.3 If you already have a MyCerba account, you just need to, on the homepage of the Site, enter your MyCerba username, your MyCerba password, and then check the box "I am not a robot".

If you have forgotten your username or password associated with your Account, you will need to contact Cerba's commercial service directly at the following address: service.commercial@lab-cerba.com

 

3.4 Once logged in to the Site, if you are an oncologist:
 

  • You can enter a new prescription by clicking on "New prescription" and filling in all the fields related to you, your patient, and the examination requested.

       Once this information has been entered, you will access the summary of your prescription. You are then invited to carefully review the information entered to ensure its accuracy.

       You can then validate the prescription.

  • You can also access the history of your prescriptions.

 

3.5 Once logged in to the Site, if you are a pathologist:

  • you can access the prescriptions that have been sent to you, complete them by filling in the fields necessary for the examination (pre-analytical data, type of sample, information on the required slides and blocks, etc.), up to the validation page. You also have the possibility to consult the examination notice which specifies the type of required material.

    In any case, before validating the prescription, you are invited to reread all the information completed by you and ensure its accuracy. 

    After validating a prescription, to consult it, you can either return to the homepage or open the PDF of the prescription generated by the site.

    You can then print this PDF document and attach it to the sample bag which will be sent to Cerba.

 

3.6 Your account is strictly personal.
You are responsible for keeping your password, username, and the actions taken under your username and/or with your password confidential. CERBA's liability cannot be sought in this respect.
Compte tenu de la nature des informations accessibles sur le Site, toute connexion depuis un ordinateur public, est strictement déconseillée.                                                                                    In any case, always remember to log out of your Account / Site once you have finished using the Services. In case of theft of your credentials, especially your password, or if you become aware of their use by an unauthorized third party, you must immediately inform CERBA at the following address: service.commercial@lab-cerba.com.
It is reminded here that from your MyCerba account, you can change your password at any time. It is strongly recommended that you change it regularly..

 

Article 4 – Interruption of access to the Site or to all or part of the Services

CERBA endeavors to allow access to the Site 24 hours a day, 7 days a week.

CERBA is only bound by an obligation of means with regard to the operation and continuity of the Site.

The operation of the Site, access to the Site, access to your Account, and its use may be temporarily interrupted to allow CERBA or any third party designated by it for this purpose, to carry out maintenance, updating, and maintenance work on the computer system (hardware and software) necessary for the operation of the Site. CERBA's and/or the third parties designated by it for this purpose cannot be held responsible in any way for this.

Furthermore, CERBA cannot guarantee the availability of the Site and/or the reliability of transmissions and performance in terms of response time or quality.

For any technical problem, you can contact the commercial team and describe your problem by sending an email to the following address: service.commercial@lab-cerba.com.

 

Article 5 – Liability

5.1 CERBA's liability cannot be engaged, particularly due to the loss of data or information stored on the Site and/or your Account, except in the event that CERBA is required by a legal obligation to retain it, nor due to any damage, of whatever nature, resulting from the management, use, exploitation, interruption or malfunction of the Site or the Services offered on the Site.

5.2 CERBA's liability cannot be engaged in the event of force majeure or events beyond its control, particularly in the event of interruption of the Site and/or all or part of the Services resulting from breakdowns and/or technical problems concerning computer equipment, programs and software, or the Internet network which may, where appropriate, result in the suspension or cessation of the use of the Site.

5.3 CERBA cannot be held responsible for the alteration or fraudulent access to data and/or the accidental transmission of data due to malicious interventions or viruses.

5.4 CERBA is not responsible for any fraudulent use that may be made by any user or, more generally, by any third party, of the information or content that may be found on the Site.

5.5 In any event, CERBA cannot be held responsible for any indirect or immaterial damage that you or any third party may suffer.

 

Article 6 – Processing of personal data

The conditions under which personal data concerning you are collected and processed in the context of the use of the Site are defined in the Privacy Policy.

The Privacy Policy is deemed to be an integral part of the Terms of Use. Together, they form an indivisible whole.

 

Article 7 – Hyperlinks

7.1 Any creation or integration of a hyperlink on any medium pointing to the Site or any part of the Site is prohibited without the prior written consent of CERBA.

Hyperlinks referring to the Site may, without CERBA being notified, have been created. CERBA cannot be held responsible for the information presented on these other sites or their content.

7.2 The existence of a hyperlink on the Site referring to a third-party site does not imply any endorsement of that site or its content by CERBA.

CERBA's liability cannot be engaged for the information, opinions, and recommendations made by these sites, nor can it be held responsible for any dispute between you and the operator or publisher of any of these sites. The persons who develop and edit these sites are solely responsible for complying with the regulations applicable to them.

 

Article 8 – Intellectual Property

You acknowledge and agree that the Site, the trademarks, logos, and any other distinctive signs, and any software used on the Site as well as the contents of the Site (i.e., any text, video, photograph, or any other information in any format and of any nature appearing on the Site) (hereinafter the "Properties") are the exclusive property of CERBA and/or CERBA's partners. The Properties may be subject to protection by copyright, trademark law, patent law, or any other intellectual property protection.

You therefore undertake not to copy, modify, reproduce, distribute, publish, integrate into any medium, adapt, transfer, or assign, license, sublicense, pledge, transmit in any other way, in any form whatsoever, the Properties or perform reverse engineering or use any other method to attempt to access the source codes and/or protocols of the Properties, without the express authorization of CERBA or the rights holder.

Non-compliance with this prohibition constitutes infringement liable to civil and criminal liability on the part of the infringer.

 

Article 9 – Evidence agreement

You accept and acknowledge the validity and probative value of electronic mail, notifications, electronic records, or other exchanges of electronic documents in the context of the use of the Site and the Services. CERBA accepts and acknowledges the validity and probative value of these same elements


 

Article 10 – Applicable law and jurisdiction

The Terms of Use and your relationship with CERBA are governed by French law. The French courts of the Court of Appeal of Paris have jurisdiction to hear any disputes that may arise between you and CERBA regarding the execution of these Terms.