I. Specific Terms
Please read these specific terms carefully. Your use of this Medtronic Discovery™ Link Website ("Site") and services (“Discovery Link Services”) are governed by the Medtronic CareLink™ Network Services Agreement (the "CareLink™ Agreement"). You should refer to the Carelink™ Agreement if you have any questions regarding the Medtronic CareLink™ Network Service and the Discovery™ Link Services.
Below is an extract of the terms and conditions of the DL Services in the CareLink™ Agreement (Exhibit I):
- Medtronic: is the Medtronic legal entity that signed the CareLink™ Agreement with the Medical center.
- Medical center: is that medical center that signed the CareLink™ Agreement with Medtronic.
- Clinicians: are employees of the Medical center or independent physicians who were assigned duties within the Medical center in relation to the monitoring of patients with Medtronic implanted cardiac rhythm devices.
- The CareLink™ Agreement as preprequisite to the Discovery Link services
- Medtronic and the Medical Center have separately signed the CareLink™ Agreement.
- On top of the Basic Services in the CareLink™ Agreement, the Medical Centre opts for Medtronic to provide the Medical Center with additional Discovery Link services from time to time which will be subject to these Terms of Services and to the CareLink™ Agreement, with the following order of prevalence:
- In case of discrepancy between a provision in these Discovery Link Terms of Services and a provision in the General terms & Conditions of Services in Exhibit II of the CareLink™ Agreement, the former will prevail; and
- In case of discrepancy between a provision in these Discovery Link Terms of Services and a provision in the Data Protection Schedule in Exhibit III of the CareLink™ Agreement, the latter will prevail.
- The terms and conditions for the Basic Services in Appendix 1 of Exhibit I in the CareLink™ Agreement shall not apply to the Discovery Link Services.
- Should Medical Center sign a new CareLink™ Agreement with Medtronic after registration on the Discovery Link Platform pursuant to Article 3a) below, then Appendix 2 of Exhibit I of the newly signed CareLink™ Agreement shall prevail over these terms of Services.
- Duration and termination
- The Effective Date of the Discovery Link Services shall be the date of fully completed registration by Medical Center on the Discovery™ Link website.
- The Additional Discovery Link Services shall remain effective until the termination by either Party of the CareLink™ Agreement, or the specific termination of the Additional Discovery Link Services alone, whichever occurs first. Medical Center may terminate this Agreement with or without cause upon thirty (30) days prior written notice to Medtronic. Medtronic may terminate this Agreement without cause upon ninety (90) days prior written notice to The Medical Centre.
- Scope of Additional Services
Discovery Link is a web platform based on the data available through the CareLink™ website. Discovery Link makes several web applications available, each of them is focused on a specific topic/area of interest and provides users with analytics and insights based on their CareLink™ data. Access to these applications can be requested by CareLink™ users once they complete the registration on the Discovery™ Link portal.
- Additional Acknowledgment by Medical Center
- Security: The Medical center is solely responsible for maintaining the security of any password and user ID assigned to or chosen by the Medical center for access to the Site.
- Patient Transmissions of Device Data: Medtronic does not have control over when a Medtronic CareLink™ monitor patient chooses to transmit device data. Clinicians should discuss this issue with their patients and review the Site for new transmissions.
- No Medical Advice: Clinicians are the sole providers of all medical and other health services to patients relating to the remote monitoring of Medtronic implanted cardiac devices for patients for whom Medtronic CareLink™ monitors have been prescribed. This includes, for example, scheduling of patient monitoring and office visits, patient diagnosis, treatment and referral to other health professionals and providers, contracting with third party payers, billing and collection, and compliance with all laws and regulations applicable thereto. Without limiting these statements, Clinicians will be responsible for monitoring and reviewing any patient health care data or information on the Site, including any device data, contacting patients regarding any unsuccessful transmissions of device data, communicating the results of all remote monitoring to patients, as necessary, and arranging for any patient health care services, including any indicated by the remote monitoring.