General Terms and Conditions of the EIMSED Service
These General Terms and Conditions (“GTC”) regulate use of information and services offered via the EIMSED website (“EIMSED Service”). The EIMSED Service is provided by the European Institute for Medical and Scientific Education – Europäisches Institut für Medizinische und Wissenschaftliche Bildung (EIMSED), ZVR [Central Register of Associations] Number 687927105 (“EIMSED”).
The parties to the agreement on use of the EIMSED Service concluded on the basis of the GTC shall be EIMSED, on the one part, and the person who registers himself on the EIMSED website as user (“User”). Upon his registration the User shall be an “extraordinary member” of EIMSED.
Only members of the medical expert group and health care professionals may register as Users. Upon registration the User expressly represents vis-à-vis EIMSED that he is a licensed physician, dentist, or health care professional. EIMSED shall be entitled to verify whether the person belongs to the aforementioned group of persons by appropriate means at any time.
Registration (conclusion of the agreement)
To register for the EIMSED Service the User shall enter his personal registration data in the input mask on the EIMSED website (“My EIMSED Registration”). Once the data has been entered, the User will be able to check his personal registration data entered to be able to identify and correct input errors. By confirming the registration data the User offers EIMSED to conclude an agreement on use of the EIMSED Service.
The agreement shall be validly concluded upon technical recording of the User’s personal registration data and registration of the User by EIMSED. EIMSED reserves the right to reject a User’s request for registration for the EIMSED Service without giving reasons.
EIMSED shall provide the EIMSED Service exclusively subject to and in accordance with the GTC. By confirming his registration data the User agrees that the contractual relationship between the parties shall exclusively be subject to the GTC as agreed. Any other agreements or terms and conditions of the User that are contrary to or deviating from the GTC shall be excluded. Consumers as defined in Section 1 para 1 item 2 of the Austrian Consumer Protection Act [Konsumentenschutzgesetz/KSchG] may cancel the agreement with immediate effect within seven (7) working days of the day of conclusion of the agreement by sending an e-mail to EIMSED, unless rendering of services to the consumer has already been commenced as agreed during that period of time.
Within the scope of the EIMSED Service EIMSED shall provide a broad range of expert information and services for medical experts. The User will always be informed separately about offers which are subject to a charge. The EIMSED Service shall include but not be limited to the following services: EIMSED will send the User a periodical electronic scientific newsletter which contains announcements of current educational meetings and relevant expert information of the EIMSED Scientific Advisory Board. The User may deregister from that newsletter at any time by sending an e-mail to that effect to EIMSED. On the EIMSED website EIMSED will make available to the User a “Educational Meeting Schedule” including information and details on educational meetings. The User shall be given an opportunity to register for educational meetings via the “Educational Meeting Schedule" on the EIMSED website. Due to the limited number of participants and personal prerequisites for registration for the specific educational meetings, if any, EIMSED is not able to guarantee the User that he will be able to attend the educational meetings and EIMSED shall assume no contractual liability in this respect.
Most of the CME meetings have been certified by the office of the medical organization in charge (“Accreditation Office”) and accredited as valid educational meetings with the Accreditation Office. EIMSED will, as the case may be, notify the relevant Accreditation Office of the User’s attendance of an educational meeting including his personal data and his physician’s code for the Accreditation Office to be able to document the User’s attendance of the educational meeting in its member database with respect to the User’s obligation to take part in continuous education measures.
On the EIMSED website EIMSED will provide the User with a selection of scientific publications or presentations and other relevant information in the form of downloads.
EIMSED shall not examine the contents or other information transmitted by users which are provided within the EIMSED Service (including the online forum) as to accuracy or lawfulness. Notwithstanding the foregoing, EIMSED reserves the right to remove such contents from the EIMSED website for objectively justified reasons (in particular if the contents are incorrect or unlawful).
Obligations of the User
The User shall be obliged to use the EIMSED Service only in compliance with the applicable statutory and other provisions as well as these GTC. In particular, the User undertakes neither to infringe any rights of third parties to the contents provided by EIMSED nor to violate any other relevant provisions (including but not limited to provisions under copyright law, patent law and data protection law) and to use such contents only to the extent to which the User is entitled to use them. Any publication by the User of personal data relating to third parties shall be subject to the data subjects’ consent.
The User shall immediately inform EIMSED if and when he learns of a violation or infringement by contents of the EIMSED Service for EIMSED to be able to remove such contents from the EIMSED website.
The User may use the EIMSED Service for his personal information and own continuing education only. The User shall not be permitted to use the EIMSED Service for indirect or direct commercial purposes, such as, in particular, advertising of products or services or promoting of certain persons, enterprises or organizations.
The User shall be obliged to keep his access data for the EIMSED Service safe and not to pass the same on to third parties. In the case of a suspected misuse of access data the User shall immediately notify EIMSED thereof. The User undertakes to inform EIMSED about any violations of these GTC via e-mail (email address: firstname.lastname@example.org).
EIMSED and its officers as well as all service providers commissioned by EIMSED within the scope of the EIMSED Service and their officers (all together hereinafter referred to as: “the Indemnified Persons”) shall assume no liability for up-todateness, completeness and accuracy of the contents published and provided on the EIMSED website. Furthermore, the Indemnified Persons shall not be liable vis-à-vis the User and other persons for damage and other disadvantages resulting from failures, interruptions or discontinuation of the EIMSED Service, if any, unless they were caused by gross negligence of the Indemnified Persons. The Indemnified Persons shall not be responsible for the contents of information originating from users which are provided by users within the scope of the EIMSED Service. The Indemnified Persons shall not be liable for any infringement of rights or claims of third parties (in particular under copyright law, patent law or data protection law) caused by provision or the contents of such information.
The User shall indemnify and hold the Indemnified Persons harmless from and against claims asserted against the Indemnified Persons in connection with information provided by users within the scope of the EIMSED Service. This liability shall also include reasonable cost of legal action. The User shall be liable for any violation of these GTC. The User shall also be liable for any and all damage resulting from misuse of access data.
Term of Agreement; Termination
The Agreement shall be entered into for an indefinite period of time. The parties may terminate the Agreement at any time as of the end of any month by giving four (4) weeks’ notice by e-mail to the e-mail address most recently advised by the other party.
The parties’ right to terminate the agreement with immediate effect for cause (in particular if it cannot be expected of one of the parties to continue the contractual agreement) shall remain unaffected thereby.
In the case of termination or other dissolution of the Agreement the User will not be refunded the membership fee that has already been paid.
Amendments to the GTC
If EIMSED intends to modify or amend the contents of these GTC, EIMSED shall notify the User thereof as well as of the planned amendments to these GTC at least four (4) weeks in advance via e-mail to the address most recently advised by the User or by making an announcement to that effect on the EIMSED website.
Then, the customer may raise an objection to the modification of or amendment to the GTC via e-mail to the e-mail address advised by EIMSED in the notification, thereby terminating the Agreement with effect as of the last day of the month following receipt of the objection by EIMSED.
Unless EIMSED receives a written objection from the User by the time the modification of or amendment to these GTC takes effect, the amended GTC shall apply vis-à-vis the User as of that time. This legal consequence will be particularly pointed out to the User in the notification regarding the modification of or amendment to the GTC.
Modifications of or amendments to the GTC which are exclusively for the User’s benefit shall become legally effective already upon their announcement on the EIMSED website.
Receipt of notifications
EIMSED shall be entitled to send all legally relevant statements and notifications in connection with this contractual relationship (in particular reminders, demands for payments, notices of termination and amendments to the GTC) to the e-mail address most recently advised by the User with legal effect. Any statements and notifications which are communicated in that way shall be deemed to have been received by the User with legal effect also if the e-mail address used by EIMSED is obsolete and EIMSED has no knowledge of the current e-mail address.
All legally relevant statements and notifications to EIMSED in connection with the contractual relationship shall exclusively be sent to the following e-mail address in order to become legally effective: email@example.com
Applicable law and place of jurisdiction
Use of the EIMSED Service shall be subject to Austrian law with its conflict of laws rules and UN Sales Law being excluded. Subject to the following sentence Commercial Court Vienna shall have exclusive jurisdiction over any disputes arising out of this Agreement. The statutory places of jurisdiction shall apply to consumers as defined in Section 1 para 1 item 2 of the Austrian Consumer Protection Act [Konsumentenschutzgesetz/KSchG], who are domiciled or habitually resident in Austria or who are employed in Austria.
If any provisions of this Agreement are ineffective or unenforceable or become ineffective or unenforceable after conclusion of the Agreement, the effectiveness of the remaining provisions of the Agreement shall remain unaffected. The ineffective or unenforceable provision shall automatically be replaced by an effective and enforceable regulation whose effects come as close as possible to the economic purpose intended by the parties by the ineffective and/or unenforceable provision. The foregoing provisions shall apply accordingly if gaps are noticed in the Agreement.