GE Healthcare ASEAN

TERMS & CONDITIONS FOR SUPPLY OF ICENTER AND/OR ASSET UTILISATION SERVICES (ONLINE EDITION)

 

1. INTRODUCTION
 

GEHC and the Customer have entered into an agreement for supply of warranty/maintenance services for certain GE Healthcare medical imaging equipment (“Agreement”).
 

GEHC has now agreed to provide the Customer with access to iCenter and/or Asset Utilisation Services (“Services”) for the Equipment (defined below), during the Duration (defined below) on the terms and conditions set out in this document (“these Terms”). These Terms/the Services shall take effect on the date of Customer’s acceptance of the Terms via the Website (described below) and be in force until the expiry or termination of the Agreement, including any and all extensions thereof granted by GE, and/or renewals of the same (“Duration”). The availability and continuation of the Services is subject in all respects to Customer providing GEHC with remote access to the Equipment by a GEHC validated connection. Charges, if any, for the Services, shall be indicated in and shall be payable by Customer in accordance with, the Agreement.
 

These Terms, when accepted by Customer via the Website, shall form an integral part of the Agreement and governing law and other applicable terms of the Agreement shall likewise apply to the Services. Customer’s use of and interactions with GEHC through the GE Healthcare Website facilitating the Customer’s signing up for the Services (“Website”) is governed additionally by the “GE Terms of Use/Website Terms of Use” and GE Privacy Policy available at the bottom of the Website.
 

In these Terms, the terms ‘GEHC’ and ‘Customer’ refer to GEHC entity and Customer entity described in the Account Sign Up Page for the Services displayed on the Website.

 

2. ICENTER & ASSET UTILISATION SERVICES
 

2.1 iCenter

(a) iCenter is a cloud-based solution accessible through a web portal from the Customer’s computer via the Internet and allows the Customer to access information relating to (i) the service status of Customer’s GE Healthcare medical imaging equipment located at each of the Customer Sites comprising the equipment covered under the Agreement and, any other compatible equipment (as determined at GE sole discretion) at the Customer Site, whether under a current service agreement with GE or not, bearing the System ID/Serial Numbers provided by Customer in the Account Sign Up Page for the Services via the Website (“Equipment”); and (ii) the performance of the Equipment.

(b) GEHC’s iCenter offering allows the Customer to regularly obtain the services (“iCenter Service”) and information through a user interface such as a single Internet site, and which are described in more detail below.
 

(c) The iCenter Service allows the Customer to obtain the following information (as applicable) in relation to Equipment:

• Equipment availability: summary of the Equipment ‘in service’, ‘partially in service’ or ‘out of service’;
• Status of GEHC’s intervention on the Equipment: detailed information on maintenance work currently being carried out by GEHC such as the tests carried out following the Service as well as their results;
• Maintenance history: permanent updates of GEHC’s maintenance activities carried out on the Equipment during the Duration and which have been completed;
• Calendar of Planned Maintenance one (1) year into the future and one (1) year into the past, counting from the day of access.
   

(d) The information accessible via the iCenter Service is the result of GEHC’s processing and presentation of raw data from GEHC’s own maintenance database.
 

(e) Information available via the iCenter Service relating to Equipment availability/uptime does typically not correspond to the calculation method provided for, if applicable, in any uptime guarantee or commitment provided by GEHC in the Agreement.
 

(f) The iCenter Service includes and is derived from information collected by GEHC through GEHC information systems during the duration of maintenance services provided by GE to Customer under parallel service agreements between them.
 

(g) The information available via the iCenter Service is regularly updated but corresponds to the status of data collected from GEHC’s information systems that are not connected to the Equipment. Therefore, there may be a time lapse between the information provided via the iCenter Service regarding the follow-up of the Equipment’s activity and the real time status of the Equipment. GEHC disclaims all liability for such time lapse.
 

2.2 Asset Utilisation
 

(a) The Asset Utilisation tool is a separate module accessible from within the iCenter site and measures the following parameters of the applicable Equipment’s activity, which information is made available to/accessible by the Customer in the form of Asset Utilisation Reports generated by the tool:

• Clinical use, and
• Operational analysis.
  
   

(b) The Asset Utilisation Service provides Customers with access to Asset Utilization Reports, which service will only be made available for the applicable Equipment under current service agreement(s) with GE and if requested by the Customer in the Account Sign Up Page for the Services via the Website.

 

(c) The information in the Asset Utilization Reports is the result of GEHC’s processing and presentation of raw data from the activity of the applicable Equipment and is dependent upon the Customer’s maintenance of a permanent broadband connection to such Equipment.
 

3. ACCESS TO THE ICENTER & ASSET UTILIZATION SITE
 

3.1 In order to access the iCenter & Asset Utilization Site, the Customer must have a computer with Internet access and the minimum configuration indicated by GEHC. All installation, telecommunication and use of the network costs shall be borne by the Customer.
 

3.2 Promptly after the date of entry into force of the iCenter Service, GEHC shall provide the Customer with all necessary details (Internet address, confidential access code/password, login name, and a reasonable number of access codes for each of the Customer’s Site) (“Access Code”) for the Customer’s connection to the iCenter and/or Asset Utilization Site and access to the information made available to the Customer via the iCenter Services and (if applicable) the Asset Utilisation Services under this Agreement (“Information”).
 

3.3 The Customer agrees to be solely liable for keeping the Access Code confidential for the entire Duration. The Customer shall ensure: (a) use of Access Code and Services is limited to employees and/or contractors authorised by Customer to use the Services only during and for purposes of, their employment with the Customer; and (b) the Access Code and Services are in fact used by its authorised employees in such manner. The Customer shall inform GEHC without delay of the need to deactivate an Access Code, for example in the event of the departure of a Customer employee and/or contractor and/or in case of loss or compromise of the Access Code. GE shall not be responsible or liable for loss or compromise of Customer data/Information due or attributable to Customer’s failure to comply with this clause or any Customer employee’s or contractor’s failure to keep Customer data/Information confidential or misuse of the same and, Customer shall solely be responsible for and shall bear all costs and expenses and bear all liability in such event.
 

3.4 Except as expressly permitted herein, Customer will not (i) de-compile or reverse engineer any of the associated software and other content and materials related to the Information (“Related Materials”); (ii) sell, sub-license, distribute, or commercially exploit the Information or the Related Materials; (iii) make the Information or any of the Related Materials available to any third party through any means or media; or (iv) modify, publish, transmit, participate in the license, transfer, or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit the Information or any of the Related Materials, in whole or in part, without GEHC’s prior written consent. GEHC reserves the right to upgrade, modify, replace or delete portions of the Information, iCenter website, and Related Materials at any time during the Duration.
 

4. LICENSE TERMS AND CONDITIONS FOR USE OF THE ICENTER AND/OR ASSET UTILIZATION SERVICES
 

4.1 For the Duration, GEHC grants the Customer the non-exclusive, personal, non-transferable and limited right to access and use the Services and Information and to download the Information onto the hard drive of its computer(s).
 

4.2 GEHC shall remain the sole owner of all intellectual property rights of and to the Information.
 

4.3 GEHC authorises the Customer to download, perform, reproduce or use the Services or Information for the sole purpose of its internal professional business.
 

4.4 No rights other than those expressly referred to herein shall be assigned to the Customer.

 

5. CUSTOMER’S SPECIFIC RESPONSIBILITIES AND OBLIGATIONS
 

The Customer shall be responsible for and shall bear all costs and expenses and bear all liability in respect of the following obligations:
 

5.1 The Customer agrees to allow GEHC to process, access, collate and analyze all relevant and accurate data relating to the concerned Equipment via the Services.
 

5.2 The Customer agrees to use the Information and the Services in accordance with applicable laws and regulations and to strictly comply with the limitations of use as set out in these Terms.
 

5.3 The Customer agrees to provide GEHC with the level of access rights to provide each individual user account, as defined in these Terms. The Customer assumes sole responsibility for defining the level of information a Customer employee or contractor provided with a particular user account may have access to, and any consequence that may emerge from a user’s access to such data, and furthermore accepts the responsibility for having given individual users access to this data. The Customer shall provide GE with accurate and complete set up details in the Account Sign Up Page for the Services via the Website and shall promptly inform GE in writing of any changes thereto.

 

6. USE OF INFORMATION BY GEHC - DATA PROTECTION
 

6.1 iCenter Service allows the Equipment to automatically send technical data to GEHC (via broadband connection).
 

6.2 By subscribing to the iCenter services, Customer acknowledges that GEHC shall automatically receive certain technical data relating to the use and productivity of its eligible Equipment. This data shall, in some circumstances, be processed by GEHC using servers located outside of the Customer’s country/Site.
 

6.3 GEHC undertakes only to use such data in the following ways:

• To provide Services,
• To produce aggregated analysis which aim to better report its equipment usage.
   

6.4. The Customer authorizes GEHC’s processing of raw data, which may include personal data, from applicable Equipment for the purposes of providing Asset Utilization Services. To the extent that Customer and GEHC may be provided with or have access to personal data in the framework of the performance of the Services, the Customer and GEHC undertake to comply with the data protection provisions in the Agreement or if none, the GE Privacy Policy and all applicable laws and regulations on the protection of personal data.
 

6.5 For the avoidance of doubt, the Services do not involve any processing (as defined in the Personal Data Protection Act of Singapore or any other expression used in similar or equivalent legislation in other countries within ASEAN) of patient personal data (as defined in the legislation referenced above) by GEHC.
 

6.6 The Customer agrees that GEHC may process certain de-identified, anonymised, and/or aggregated data it generates during the course of providing the Services, for the purposes of driving operational efficiency, benchmarking, product development, continuous improvement of the Equipment’s or GEHC’s service performance or for other GEHC research and development purposes.

 

7. WARRANTY
 

7.1 Information

 

(a) All Information accessible as part of the Services is provided "as is". GEHC warranty that it has made commercially reasonable efforts to verify the accuracy, reliability of all Information. GEHC however does not warrant the completeness, accuracy or reliability of any Information. Any decisions based on the Information are Customer's sole responsibility and the Customer, as a healthcare professional, must make its own independent evaluations in this respect. GEHC accordingly disclaims all liability for any decision or evaluation relating to the activity or operation of the Equipment.
 

(b) GEHC believes the Information is accurate and current. However, it is intended for general informational purposes only, is not a substitute for professional medical advice, diagnosis or treatment, and should not be relied upon, used or characterized as information to aid in any persons’ individual healthcare diagnosis, practices or decisions. GEHC makes no representation or warranty with respect to and has no liability to Customer, its employees or its patients regarding the accuracy or completeness of any information contained in the Content. GEHC does not promote or otherwise recommend any procedure suggested in any Information unless it is also described in a GEHC user manual.
 

7.2 Access to information
 

(a) GEHC warrants that it shall use reasonable endeavours to ensure that the iCenter and/or Asset Utilization Site operate normally. However, in view of the state of information technology and the intervention of third parties in the operation of and access to the Customer Site, GEHC shall not be held liable for any interruption or loss of connection or access whatsoever to iCenter and/or Asset Utilization or for the speed of access or slowdown in the communication of Information. GEHC does not warrant that the Services or any part thereof or the Information will be constantly available, uninterrupted, error-free, nor that defects/errors will be corrected.
 

(b) Furthermore, GEHC reserves the right to suspend its provision of the Services or any part thereof at any time and for the time required to carry out maintenance work and update the iCenter and/or Asset Utilization Site.
 

(c) Except as expressly provided in these Terms, all warranties, conditions, representations, rights, obligations, liabilities and other terms whether expressed or implied by statute or common law in connection with the Services are hereby excluded to the fullest extent permitted by law.