Terms of use
Version: July 2022
These Terms of Use, will regulate the relationship between you (the “User”) and Promedon GmbH (hereinafter, “PROMEDON”), regarding the use of this website (the “Website”).
Once you access, browse or use the Website, you acknowledge and Promedon considers that you have read, understood and accepted the obligation to comply with the following Terms of Use.
Owner of the Website
PROMEDON, is a German company with its business address at An d. Alten Spinnerei 5, 83059 Kolbermoor, Germany. PROMEDON is part of a group of companies that work together to provide products and services.
Consent
The sole use of the Website and the predisposed or requested services presupposes the user's consent and acceptance of the conditions detailed below and of the privacy policy. If you do not accept them, we ask you not to access or use the website.
Updates to the Terms of Use
PROMEDON makes the Website available for use under the conditions established herein, which may be modified by PROMEDON periodically without prior notice.
Purpose of the Website. Patients. Web user condition.
The Website has been designed to publicize and allow general access for users of aged 16 and above. Specifically, this Website is targeted to Healthcare Professionals, Healthcare Organizations, distributors, agents, and other actors of the healthcare space except for patients (“patients” hereby includes actual or potential patients). If you are a patient, the content of this Website may not be suitable for you; we recommend you contact your doctor should you have any doubts or questions regarding your health.
Access to the Website grants the navigator the condition of user of the site, which implies adherence to these conditions in the version published at the time it is accessed. For this reason, PROMEDON recommends that the user read them carefully each time they access it.
Access to certain content offered through the Website may be subject to certain specific conditions that, depending on the case, replace, complete and/or modify these general conditions. Therefore, prior to accessing and/or using said Content, the User must also carefully read p the corresponding particular conditionsAccess and Security
As a User, you can access the Website freely, free of charge and alternatively, which implies that PROMEDON does not assume a commitment to provide support, maintenance or availability of the Website.
PROMEDON reserves the right to limit access to certain areas of the "Website" to certain groups of users (like healthcare professionals), who may request registration and provision of data. In some cases, the user may be required to choose their own username and password.
PROMEDON will assign the username selected by the user, as long as it has not been previously selected by another User and its use does not in itself constitute a violation of the rights of third parties. The password is personal and non-transferable. The User must take all measures within his reach to keep his password safe, assuming full responsibility for the consequences of not doing so. If you suspect that your password has been compromised, you must notify PROMEDON immediately. PROMEDON reserves the right to revoke usernames for technical reasons, obsolescence, legal, etc., without this implying any responsibility for PROMEDON.
The Privacy Policy applies in regard to the processing of any Personal information processed as a consequence of this, and can be accessed by clicking here.
Website Content Use
The user undertakes to make use of the PROMEDON website in accordance with these general conditions.
The contents predisposed by PROMEDON for users on the Website have been made solely for illustrative purposes and do not replace professional advice, nor are they intended to be the decision-making basis for Users. PROMEDON does not guarantee the actuality of the contents, its modification or deletion may be carried out without prior notice. No binding effect will be derived from any information or content provided through the PROMEDON website. The contents that can be consulted through this Website may not be considered as constituting a professional or commercial relationship of any kind with the User.
The following actions are hereby prohibited. Note, however, that the following is a mere non-exhaustive list; any use except those expressly authorized herein requires the prior written consent of PROMEDON:
- use the of the Website for any use or purpose that exceeds what is authorized here;
- posting, uploading or distributing any non-authorized content or other inappropriate, defamatory, illegal, unlawful, inaccurate, offensive or otherwise inappropriate Content;
- Impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the Website accounts of others without permission, or perform any other fraudulent activity;
- use the Website for any illegal purpose, or in violation of any local, provincial, national or international law, including, without limitation, the laws governing intellectual property and other property rights, and the protection and privacy of users. data;
- engage in defamatory activities, harass, abuse, threaten or defraud users of the Web, or collect, or attempt to collect, personal information about users or third parties without their consent, violate the rights of third parties, incite the commission of crimes, denigrating actions, defamatory, infamous, discriminatory based on sex, race, religion, beliefs, age or condition, violent, contrary to law, morality, good customs or public order;
- eliminate, avoid, disable, damage or interfere in any other way with the functions related to the security of the Website or its Content, the features that prevent or restrict the use or copying of any content accessible through of the Website, or features that impose limitations on the use of the Website or Content;
- reverse engineer, decompile, disassemble, or attempt to discover the source code or any part thereof; modify, adapt, translate or create derivative works based on the Website, any part of it and/or the Content found there; and/or
- intentionally interfering with or damaging the operation of the Website or any user's use of it, by any means, including, without limitation, engaging in any type of denial-of-service attacks or uploading or spreading viruses, adware, spyware, worms, or malicious code.
PROMEDON shall not be responsible for the use that each User gives to the Contents made available on the Website nor for the actions carried out based on them. PROMEDON reserves the right to exclude any User, without prior notice, in the event that they carry out any of the above activities and to exercise the legal actions it deems appropriate.
Service
PROMEDON reserves the right to interrupt access to the Website, as well as the provision of any or all of the Content provided through it at any time and without prior notice, whether for technical, security, control, maintenance, or for any other reason. This interruption may be temporary or permanent. Consequently, PROMEDON does not guarantee the reliability, availability or continuity of the Website or its Contents, so that the use of the same by the User is carried out at their own risk, without PROMEDON being able to be held accountable in this regard.
In relation to active services or any other content for which registration is necessary, PROMEDON may delete user accounts and/or content and information in accordance with the Privacy Policy and applicable law.
Liability
PROMEDON shall not be liable in the event of service interruptions, delays, errors, malfunctions and, in general, other inconveniences arising from causes beyond PROMEDON's control, and/or due to malicious or fault of the User and/or originating from causes of force majeure. The concept of force majeure shall include all those events that occur outside the control of PROMEDON, such as: failure of third parties, operators or service companies, acts of the Government, lack of access to third party networks, acts or omissions of the public authorities, those others produced as a result of natural phenomena, blackouts, etc. and the attack of hackers or specialized third parties to the security or integrity of the computer system. In any case, whatever its cause, PROMEDON will not assume any responsibility for direct or indirect damages, consequential damages and/or lost profits.
PROMEDON will have the right, without any compensation to the User for these concepts, to temporarily suspend the services and contents of the PROMEDON Website to carry out maintenance, improvement or repair operations. The operation of the website will be done under your sole responsibility and at your entire risk, for which you understand and accept that under no circumstance will PROMEDON (including directors, representatives or managers) be liable for damages of any kind and type. whatever its cause and based on any scheme of attribution of responsibility.
PROMEDON shall not be liable for the content of the Website, which is provided "as available" and "as is". PROMEDON assumes no guarantee of any kind, regarding the content or performance of the Website, or the Content and opinions of third parties posted on the PROMEDON Website or the information contained on third party Websites that can be accessed by links or internet search engines, since the only function of these is to inform the user about the existence of other sources of information on the subject on the Internet, where you can expand the data offered on the Website, and in no case does it imply a suggestion, invitation or recommendation on them.
PROMEDON is not responsible for the use that each User gives to the Contents made available on the Website or for the actions carried out based on them, which are protected by intellectual property laws.
PROMEDON is also not responsible for the use that the user makes of the services and products displayed on the Website, or any related passwords, as well as any other material on the Website infringing the rights of intellectual or industrial property or any other right of third parties.
PROMEDON does not assume any liability for any damage that may be caused to the Users' equipment by possible computer viruses contracted by the User due to browsing the Website or for any other damage derived from said browsing. PROMEDON does not offer any guarantee in relation to the continuity or absence of errors in any of the content accessible through the Website, in addition to not guaranteeing the correction of any defect or the absence of viruses and other harmful components on this Website or on the server where it is hosted.
PROMEDON is not responsible for the veracity, lack of usefulness or suitability for a specific use of the Website or its Content; of the loss of data or services as a result of any delay, non-delivery, incorrect delivery of the exposed products or interruption of the service; of the accuracy, quality or nature of the information obtained through its Content.
The applicability of any of the aspects of the Content found on the Website should be consulted with a healthcare professional. In any case, the information provided on this Website is not intended to replace the advice provided directly from appropriate healthcare professionals. Again, this Website is not intended for actual or potential patients.
The User will be liable for damages of any nature that PROMEDON may suffer as a result of the breach of any of the obligations to which it is subject by these conditions or the particular conditions that are applicable, accepting to indemnify, defend and hold harmless PROMEDON, its affiliated companies, contractors, employees, agents and their suppliers, licensors and partners from any claims, losses, damages, liabilities and expenses (including legal fees and expenses), arising from any use or misuse of the PROMEDON website, any violation of the conditions of use or any breach of the declarations, guarantees and agreements made by the User.
PROMEDON reserves the right, at its expense, to assume the exclusive defense and control of any matter for which you are required to indemnify PROMEDON, and you agree to cooperate with PROMEDON's defense of these claims. PROMEDON will make every reasonable effort to notify the User of any claim, action or proceeding as soon as it becomes known. If any provision of these Terms of Use is found to be illegal, void or unenforceable, that provision will be limited or eliminated to the minimum extent necessary and will not affect the validity and enforceability of the remaining provisions.
Data Protection
Please see the Privacy Policy and the Cookies Policy.
Intellectual Property
The User hereby acknowledges that all the Content provided on the Website, including all of the intellectual, industrial, trademark and domain name property rights is the sole property of PROMEDON. This includes, but is not limited to, visual interfaces, graphics, design, compilation, information, computer code (including source code or object code), software, services, content, educational videos and exercises, and all other elements of the Website and therefore are protected by local and international laws on copyright, patents and trademarks, international conventions and other applicable laws that govern intellectual property and property rights.
PROMEDON reserves all rights not expressly granted by these terms of use, except for any User content provided and owned by Users. PROMEDON grants users a non-exclusive and non-transferable right to access and use in the context of the Website the Contents of the Website predisposed solely for their personal purposes. Therefore, you may not use, distribute, or otherwise exploit for other purposes unless expressly agreed to in writing by PROMEDON.
It is hereby reiterated that the use of any of the Contents subject to industrial and intellectual property or trademarks for commercial purposes, as well as their distribution, modification, alteration or decompilation, is strictly prohibited, for which you may not use any trademark that is published on the site, without the prior and express consent of its owner. The infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as a criminal offense.
The publication or public communication of any other User content through the Website implies recognition in favor of PROMEDON of a free, with the maximum extent allowed by the applicable legal system, non-exclusive, and worldwide license to use, copy, sublicense, adapt, transmit, execute or publicly disclose any of these contents, and sublicense to third parties the exercise of any of the foregoing rights, either in whole or in part. Claims that may be filed by users in relation to possible breaches of intellectual property rights, or industrial trademark on any of the contents of the PROMEDON website, should be addressed to the following email address: compliance@promedon.com.
Applicable Law and Jurisdiction
For the resolution of any conflict or contentious issue that has a contractual or non-contractual origin, and extrajudicial or judicial treatment, from or arising from the use of the Website, that the Parties cannot resolve amicably among themselves, it will be resolved in the ordinary courts of Munich, Bavaria, Germany.
Webdesign:
.SKRUFF DESIGNAGENTUR GmbH
Innstraße 1a ⋅ 83022 Rosenheim
Telefon +49 8031 2355240
info@skruff.de ⋅ www.skruff.de