General Terms and Conditions & Data Protection Policy DE
LAST UPDATED: 31 AUGUST 2021
This General Terms and Conditions (hereinafter the „GTC“) govern the legal relationship (hereinafter the „Agreement“) between you (hereinafter the „User“) and PRO-IMPLANT Infection Consulting GmbH, Chausseestr. 121A, 10115 Berlin, Germany (hereinafter „PRO-IMPLANT“, together the „Parties“) concerning any websites (https://cp.pro-implant.org/) and any mobile apps provided by PRO-IMPLANT (hereinafter the „Sites“ and „Apps“).
By using the Sites or upon clicking of the acceptance icon indicated on the Sites the User confirms to have read these GTC and agrees to be bound by these GTC.
2. No advice
The Sites are not designed for laypersons. The products, procedures, therapies, recommendations etc described on the Sites are only to be applied in environments specially designed and by medical professionals specially certified and trained for such procedures.
The information provided on the Sites/contained in the Sites is not intended to present the only or necessarily the best products, procedures, or therapies etc. No suggested test or procedure should be carried out unless, in the User’s professional judgment, its risk is justified. Whoever applies products, procedures and therapies etc. shown or described on the Sites will do so at her/his own risk and is responsible for their compliance with all local laws, regulations, and medical practice applicable. Because of rapid advances in the medical sciences, PRO-IMPLANT recommends that independent verification of diagnosis, therapies, drugs, dosages, and operation methods should be made before any action is taken.
All information contained in the Sites is only intended for preparing medical procedures and not for an aid whilst carrying out medical procedures.
Every effort is made to ensure the accuracy of the recommendations by PRO-IMPLANT. The authors are not responsible for errors or omissions or for any consequences from application of the information found in the recommendations by PRO-IMPLANT. No warranty, express or implied, is made with respect to the currency, accuracy or completeness of the recommendations by PRO-IMPLANT. Application of information in a particular situation is and remains the professional responsibility of the practitioner.
3. No warranty
THE SITES AND THE SERVICES CONNECTED THEREWITH ARE PROVIDED ON AN „AS IS“, „WITH ALL FAULTS“, AND „AS AVAILABLE“ BASIS AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH THE USER. PRO-IMPLANT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, UNDER THE AGREEMENT. ANY AND ALL REPRESENTATIONS AND WARRANTIES OF PRO-IMPLANT UNDER OR IN CONNECTION WITH THE AGREEMENT ARE EXCLUDED TO THE EXTENT LEGALLY POSSIBLE, INCLUDING BUT NOT LIMITED TO REPRESENTATIONS AND WARRANTIES
ANY GRAPHIC OR PICTORIAL MATERIALS APPEARING ON THE SITES ARE DIGITIZED REPRODUCTIONS WHICH, THOUGH VIEWABLE, ARE NOT OF DIAGNOSTIC QUALITY AND ARE NOT DESIGNED NOR INTENDED TO REPLACE ORIGINAL IMAGES.
THE USER REPRESENTS AND WARRANTS THAT (I) THE USER HAS ALL NECESSARY POWER AND AUTHORIZATION TO ACCEPT THE GTC; (II) THESE GTC ARE LEGAL, VALID, BINDING AND ENFORCEABLE AGAINST THE USER; (III) THE USER’S ACCEPTANCE OF THESE GTC WILL NOT VIOLATE ANY LAW, RULE, REGULATION OR ORDER, OR ANY AGREEMENT, BINDING THE USER; (IV) AND THE USER WILL OBSERVE ALL APPLICABLE LAWS AND THE PROVISIONS OF THESE GTC.
4. No liability
TO THE FULL EXTENT PERMISSIBLE BY LAW, PRO-IMPLANT DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY DAMAGES OR LOSSES (INCLUDING, WITHOUT LIMITATION, DATA LOSS, CORRUPTION OR ANY DAMAGES CAUSED BY VIRUSES CONTAINED WITHIN THE ELECTRONIC FILES, AT THE SITES OR IN THE SERVER OR APPS THAT MAKE IT AVAILABLE, PERSONAL INJURY, FINANCIAL LOSS, DAMAGES FOR LOSS IN BUSINESS PROJECTS, LOSS OF PROFITS OR OTHER CONSEQUENTIAL LOSSES) ARISING IN CONTRACT, TORT OR OTHERWISE FROM THE USE OF OR INABILITY TO USE THE SITES OR ANY MATERIAL APPEARING ON THE SITES, OR FROM ANY ACTION OR DECISION TAKEN AS A RESULT OF USING THE SITES OR ANY SUCH MATERIAL OR ANY OTHER ACT OR OMISSION IN CONNECTION WITH THE SITES.
5. Membership, Fees and Subscriptions
The conditions for memberships, the applicable fees or subscriptions and the payment conditions are set forth on the Site. The respective provisions shall be integral part of this Agreement.
PRO-IMPLANT is entitled to terminate the membership of the User, if any, with immediate effect for an important cause. In such a case, PRO-IMPLANT shall not be obliged to refund any monies paid to the PRO-IMPLANT by the User.
If the User does not accept the termination, she or he has to inform PRO-IMPLANT within 20 days of the termination of PRO-IMPLANT or the respective PRO-IMPLANT specialty in writing. In such a case, the Board of Directors of the PRO-IMPLANT shall decide about the effectiveness of the termination within reasonable time. The decision of the PRO-IMPLANT shall be final and binding.
The usage of the Sites by PRO-IMPLANT and the products and services of PRO-IMPLANT under the Agreement connected therewith by PRO-IMPLANT are free of charge, but PRO-IMPLANT reserves the right to charge for the usage of parts of the Sites and the products and services under the Agreement at any time.
6. Intellectual property rights
Unless otherwise stated in this Agreement, any and all intellectual property rights (including, but not limited to copyrights) in all data, information and material uploaded by the User (hereinafter the „User Material“) is—subject to Article 7 below—owned by User.
Prints or download extracts from the data, electronic files, information or material of the Sites (hereinafter the „PRO-IMPLANT Material“) as well as any other reproduction thereof are permitted for educational and research purposes or personal use only. None of the PRO-IMPLANT Material may be used for any commercial purpose by the User. Particularly, the User may not license, sublicense, sell, resell, transfer, assign, distribute, or otherwise exploit or make available to any third party the PRO-IMPLANT Material in any way.
Upon payed fee or purchased subscription PRO-IMPLANT grants to User a non-transferable, non-exclusive right to use PRO-IMPLANT Material.
No PRO-IMPLANT Material may be reproduced, stored in or transmitted on any other websites (including intranet sites) by the User nor is the User permitted to create any derivative works based on PRO-IMPLANT Material without written permission of PRO-IMPLANT.
Some names, instruments, treatments, logos, designs etc referred to on the Sites are protected by patents, trademarks, or other intellectual property rights even though specific reference to this fact is not made on the Sites. Therefore, the appearance of a name, instrument etc without designation as proprietary is not to be construed as a representation by PRO-IMPLANT that it is in the public domain.
7. User data license
In the course of visiting the Sites, the User may upload User Material, or submitt User Material to PRO-IMPLANT in electronic form through other channels. As between the Parties, the User shall remain the sole owner of all User Material, provided however that the User hereby grants to PRO-IMPLANT a worldwide, eternal, unlimited, non-revocable, and non-redeemable license to use, copy, distribute, display, disclose, and perform such User Material or parts of the User Material, to create derivative works thereof, and to sublicense such rights for any and all purposes. User shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all User Material, and PRO-IMPLANT shall not be responsible or liable for the deletion, accuracy, correction, disclosure, destruction, damage, loss or failure to store any User Material. For the avoidance of any doubt, the license granted by the User to PRO-IMPLANT shall remain valid even if this Agreement is terminated for whatever reason.
Any User Material shall be de-personalized by the User before submitted to PRO-IMPLANT. The User acknowledges that he has the sole responsibility that any and all User Material is fully de-personalized.
The User Material has to comply with all relevant laws and regulations as well as ethical and medical standards and may not (i) have an illegal, harmful, or harassing content or invade another’s privacy, (ii) infringe rights of a third party, including any intellectual property rights, or (iii) contain viruses or any other computer codes, files or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.
If PRO-IMPLANT exploits the User Material, it will name the respective User to the extent reasonably possible. PRO-IMPLANT is, however, not obliged to pay to the User a royalty or other financial compensation for such exploitation.
8. Data protection
PRO-IMPLANT shall comply with all applicable legal provisions regarding data protection. In particular, PRO-IMPLANT shall not provide or otherwise disclose any personal data of the User to any third party without authorization. Details on the use of the Users‘ personal data by PRO-IMPLANT are set forth in the Data Protection Policy of PRO-IMPLANT which is accessible on the PRO-IMPLANT website.
9. Advertising material
Advertisers, if any, are responsible for ensuring that the User Material submitted for inclusion on the Sites complies with all relevant laws and regulations as well as ethical and medical standards. PRO-IMPLANT will not take responsibility for any error, omission or inaccuracy in advertising material. Appearance on the Sites does not constitute a guarantee or endorsement of the quality or value of a product or of the allegations made by the manufacturers.
10. Infringement and indemnification
If the User does not comply with these GTC, PRO-IMPLANT has the right to prevent the User from visiting the Sites and using the services connected therewith, and PRO-IMPLANT reserves the right to any legal action PRO-IMPLANT thinks is appropriate.
If, based on a written agreement between the User and PRO-IMPLANT, the User is entitled to provide access the Sites to third persons, the User represents that all such third persons using the Sites are contractually bound by these terms, conditions and disclaimers as well.
The User agrees to indemnify, defend and hold harmless PRO-IMPLANT, to the fullest extent permitted by law, against any cause of action, all liabilities, losses, costs or expenses (including reasonable fees and expenses of legal counsel) with respect to any claim by third parties arising out of the User’s failure to perform its obligations under the Agreement.
11. No right to visit the Sites and modification of the Sites
Unless expressly stated in this or another written agreement between the Parties, PRO-IMPLANT has no legal duty to the User, and may at any time and without giving grounds prevent the User from visiting the Sites and using the services connected therewith.
PRO-IMPLANT is entitled without prior notice to the User in its free discretion
12. Termination of the Agreement
Each Party may terminate this Agreement with immediate effect by email at any time.
Upon termination of the Agreement, the User shall not have access to the Sites anymore without restriction. The user data licence according to Article 7 above shall under no circumstances be terminated due to the termination of this Agreement.
13. Force majeure
No Party shall be liable to the other if performance of any of its obligations hereunder is prevented, hindered, or delayed by the occurrence of circumstances beyond its control, which circumstances shall include, but shall not be limited to, any act of God, act of any government or other statutory undertaking, industrial dispute beyond the area of control of such Party, fire, explosion, accident, cyber attack and power failure, always provided (i) they constitute a force majeure event, ie, are beyond the control of the Party invoking it, and (ii) they are not the result of the failure of such Party to perform any of its obligations under the Agreement.
Following the occurrence of any such event the Party thereby affected shall notify the other Party in due time of such occurrence and such Party shall use its reasonable endeavours to overcome or to minimise the adverse effects thereof.
Performance of the affected and related obligations shall be postponed for a period equal to the time lost by reason of the delay. If as a result of force majeure a Party is rendered definitely unable to perform, or if the period of force majeure has lasted longer than three months or as soon as it is reasonably clear that it will last longer than three months, the other Party may, with immediate effect, terminate the Agreement in writing.
14. Modification of the Agreement
PRO-IMPLANT reserves the right to modify the Agreement at any time, if it will become necessary by changing law, prevailing case law, market forces or comparable reasons. The User agrees to review the current version of this Agreement, to be aware of any such modifications. If the User does not object to the applicability of the revised Agreement within 20 days after receipt of said notice, the modified Agreement shall be deemed to be accepted by the User. If the User does not agree to any change in the GTC, the Agreement shall be terminated automatically.
The User shall not assign any rights and obligations under this Agreement without PRO-IMPLANT’s prior written consent.
The Agreement constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement.
Failure or neglect by PRO-IMPLANT to enforce any of the provisions of this Agreement shall not be construed or deemed to be a waiver of PRO-IMPLANT’s rights nor shall this affect the validity of the whole or any part of this Agreement, nor prejudice PRO-IMPLANT’s rights to take subsequent action.
Should any provision of this agreement be invalid or unenforceable, the remaining provisions shall be valid. In the place of an invalid provision, a valid provision is presumed to be agreed upon by the Parties, which comes economically closest to the one actually agreed upon.
This Agreement is solely governed by substantive German law, regardless of where the person visiting one or several Sites resides or where this person made his submission, posting, transaction or connection with one or several Sites.
All disputes arising out of this Agreement or in connection with this Agreement shall be solely and finally settled by a court of arbitration consisting of one arbitrator in accordance with the German Rules of International Arbitration or the German BGB. The place of arbitration shall be Berlin, Germany. The court of arbitration shall conduct the proceedings and all awards shall be rendered in the German language.