I. Subject of the agreement, amendments
Section 1 Subject of the Terms of Membership and Use, General Terms of Sale
(1) Heidelberg Engineering GmbH, Max-Jarecki-Straße 8, 69115 Heidelberg (the “Service Provider”) shall make available a platform (the “Portal”) on
(2) These Terms of Membership and Use govern the provision of the services by the Service Provider and the use of such services by you as a properly enrolled member.
(3) Information about the Service Provider is available at: www.spectralis-eyehealthcheck.co.uk/publisher/.
(4) Insofar as the Service Provider offers the member services against payment via the portal, the Service Provider’s General Terms of Sale (GTS) will also apply as a supplement to these Terms of Membership and Use. The General Terms of Sale are available on the Internet.
Section 2 Amendments to the Terms of Membership and Use
The Service Provider reserves the right to amend these Terms of Membership and Use at any time with effect also for existing contractual arrangements. The Service Provider will inform you of such amendments at least 30 calendar days before the amendments are due to take effect. As long as you do not object within 30 days of the receipt of the notice and continue to use the services after the expiration of the cancellation period, the amendments shall be considered as agreed to from the time the 30-day period expires. If you object to this the contract will continue on its existing terms. In the amendment notice the Service Provider shall make reference to your right to object and to the consequences.
II. Membership enrollment, use of login data, cancellation of membership
Section 3 Right to enroll
(1) Use of the services available on the portal is conditional upon your having enrolled as a member. There is no right to participate in the portal content in its entirety or in part. The Service Provider is entitled to reject membership applications for access to the portal completely or in part without giving its reasons.
(2) You are only permitted to enroll if you are over 18 and have the full legal competence of an entrepreneur (Section 14 German Civil Code), or you represent a legal person under public law or a public law fund. Persons under 18 are not permitted to enroll. You are also not permitted to enroll for a purpose that cannot be attributed to your business or to your freelance operations. In the case of a legal person, enrollment must be by a natural person with full legal competence and authority to represent that legal person.
Section 4 Your registration and enrollment on the portal
(1) The Service Provider offers you access which is in principle free of charge to you.
(2) For established access and user rights, you will receive full access to the portal with all the content provided for you.
(3) The contact data requested from you by the Service Provider in the course of the registration process as well as any other information necessary for the use of the portal must be provided by you correctly and in full. In case of a legal person being enrolled, the natural person entitled to represent that person must also be identified.
Section 5 Responsibility for login data
(1) During the enrollment process you will be asked to enter an email address and other information. You are responsible for ensuring that your email address does not infringe upon the rights of third parties, particularly rights to a name or a trademark, and is not immoral.
(2) You must not disclose the login data, including the verification code, or make it accessible to unauthorized third parties.
(3) You are further responsible for ensuring that your access to the portal and use of the services available on the portal is solely by you or those persons authorized by you. The Service Provider must be immediately informed if there is cause for concern that unauthorized third parties have obtained or will obtain your login data.
You are legally liable for any use and/or other activity carried out using your access data.
Section 6 Cancellation of participation
(1) You may cancel access at any time by closing the website in your browser.
III. Services and content on the portal
Section 7 Range and availability of services
(1) On the portal the Service Provider provides you with different information and other services for temporary use. Such services may e.g. make available data, documents, articles, photographic records and audio recordings, information, software and other content (together “Content”).
The content and scope of these services will depend on the specific contractual arrangements and on the respective current functionality otherwise available on the portal.
The services made available on the portal are free of charge unless otherwise specified.
(2) The services available on the portal may include services of third parties to which the Service Provider simply provides access. In order to use such services, which are in each case marked as third-party services, regulations may apply which differ from or supplement these Terms of Membership and Use, of which the Service Provider will make you aware in each case.
(3) A right to use of the services available on the portal only exists within the framework of the Service Provider’s technical and operational capacity. The Service Provider will attempt to ensure its services may be used as far as possible free of interruption. However, temporary restrictions or interruptions may occur as a result of technical faults (such as e.g. power cuts, hardware and software errors, and technical problems with data lines).
Section 8 Alterations to services
The Service Provider is entitled at any time to make changes to the services offered free of charge on the portal, to make new services available free of or subject to a charge, and to cease to provide free-of-charge services. In so doing the Service Provider will consider your legitimate interests.
Section 9 Protection of content, responsibility for third party content
(1) The content available on the portal is largely protected by copyright or other property rights and is in each case the property of the Service Provider, the other members, or other third parties who made the relevant content available. The compilation of the content as such is, where relevant, protected as a data bank or data base under Sections 4 (2) and 87a (1) of the German Copyright Act. You may only use this content in line with the Terms of Membership and Use and within the context prescribed by the portal.
(2) The content available on the portal is sourced partly from the Service Provider and partly from other members or other third parties. The content of members and of other third parties is together referred to further as “third party content”. The Service Provider does not check third party content for completeness, accuracy, or legality and therefore accepts no liability for and does not guarantee the completeness, accuracy, legality or up-to-dateness of third party content. This also applies in relation to the quality of the third party content and its suitability for a specific purpose and also to the extent this relates to third party content on externally linked websites.
All content on the portal is third party content other than content marked with the Service Provider’s copyright notice.
IV. Use of the services on the portal by you
Section 10 Extent of permitted use, monitoring user activity
(1) Your user right is restricted to access to the doctor’s area and to the use of the services available in this area respectively within the provisions of these Terms of Membership and Use.
(2) You are personally responsible for meeting the technical requirements necessary to use the services under the terms of the contract. The Service Provider is not obliged to give you any advice in this regard.
(3) The Service Provider advises you that your user activity may be monitored to the extent permitted by law. This includes, where relevant, the recording of IP data and conversation histories as well as their analysis where there is a specific suspicion of an infringement of these Terms of Membership and Use and/or specific suspicion that some other illegal action or offense has been committed.
Section 11 Uploading of own content by you
(1) To the extent this is available as a function on the portal, you may, in compliance with the following regulations, upload content onto the portal and thereby make it available to third parties.
(2) By uploading the content you grant the Service Provider in each case a free-of-charge and transferable right to use the relevant content, in particular
– to save the content on the Service Provider’s server and to publish it, in particular to make it publicly accessible (e.g. by showing the content on the portal),
– to process and reproduce insofar as this is necessary for the provision or publication of the relevant content, and
– to grant rights of use – including those that must be paid for – to third parties in respect of your content according to Section 15.
If you then remove from the portal the content you have uploaded, the above right of use and exploitation granted to us expires. However, we retain the right to keep copies created for back-up and/or evidence purposes. This does not prejudice the rights of use already granted to members in relation to the content uploaded by you.
(3) You are fully responsible for the information you upload. The Service Provider is not responsible for verifying the content for completeness, accuracy, legality, up-to-dateness, quality or suitability for a specific purpose.
Hence you declare and guarantee to the Service Provider that you are the sole owner of all rights to the content uploaded by you onto the portal, or are otherwise authorized (e.g. through the valid permission of the rights owner) to upload the content onto the portal and to grant the use and exploitation rights under paragraph (2) above.
(4) The Service Provider reserves the right to refuse to upload content and/or to process, block or remove previously uploaded content (including private messages and forum input) without prior warning where the uploading of the content by the member or the uploaded content itself has led to an infringement of Section 16 or there are specific indications that there will be a serious infringement of Section 16. In so doing the Service Provider will, however, consider your legitimate interests and will select the most lenient way of averting the infringement of Section 16.
Section 12 Right of use to content available on the portal
(1) Unless a more extensive use is expressly permitted in these Terms of Membership and Use or facilitated on the portal through a corresponding function (e.g. the download button),
– you may access online and display the content available on the portal solely for personal purposes. This right of use is restricted to the time you are a contractual user of the portal;
– you are prohibited from processing, amending, translating, showing or presenting, publishing, displaying, reproducing or disseminating the content available on the portal either wholly or in part. It is also not permitted to remove or alter copyright marks, logos and other marks or proprietary notices.
(2) You are only permitted to download or print out content where there is a download or print option available as a function on the portal (e.g. by way of a download or print button).
You receive in each case an open-ended and non-exclusive right to the content properly downloaded or printed out by you for the use of your own, non-commercial purposes.
(3) This is without prejudice to your mandatory legal rights (including reproduction for private and other use by you under Section 53 of the German Copyright Law).
Section 13 Prohibited activities
(1) You are prohibited from any activities on or in connection with the portal which breach existing law, infringe upon the rights of third parties or contravene the principles of the protection of children and young people. You are not permitted to do the following:
– use content that offends or denigrates other members or third parties;
– use, provide or disseminate content, services and/or products that are legally protected or protected with third party rights (e.g. copyrights) without being expressly authorized to do so.
(2) Furthermore, irrespective of any potential infringement of law when you upload your own content onto the portal or communicate with other members (e.g. by sending personal messages or through the participation in and the preparation of contributions to discussion forums), you are not permitted to engage in the following activities:
– harassment of other members, e.g. by repeatedly contacting them personally with or without a response from the other member, or encouraging or supporting such harassment;
– dissemination and/or public representation of content available on the portal unless you are expressly permitted by the relevant author or this is expressly made available as a function on the portal.
(3) You are also prohibited from doing anything that could affect the smooth running of the portal, in particular by overloading the Service Provider’s systems.
(4) Should you become aware of any illegal use or abuse, any use in breach of contract or any otherwise unauthorized use of the portal, please contact Info@HeidelbergEngineering.com. The Service Provider will verify the occurrence and take appropriate steps.
(5) Where suspicion exists that an unlawful act or offense has been committed the Service Provider is entitled and as relevant also obliged to verify your activity and as relevant take appropriate legal action. This may include referring the facts of the case to the district attorney’s office.
Section 14 Blocking access
(1) The Service Provider may block your access to the portal temporarily or permanently if there are specific indications that you are in breach of or have breached these Terms of Membership and Use and/or applicable law, or if the Service Provider has some other legitimate interest in blocking access. In deciding to block access the Service Provider will reasonably consider your legitimate interests.
(2) If access is blocked temporarily or permanently the Service Provider shall block your access right and shall notify you of the same by email.
(3) If access is blocked temporarily the Service Provider will reactivate your access right once the blocking period has expired and shall notify you of the same by email. An access right that has been permanently blocked cannot be reinstated. Persons who are permanently blocked are permanently excluded from membership of the portal and are not permitted to re-enroll.
V. Processing of your personal data
Section 15 Data protection
(1) Among the quality requirements made of the Service Provider is dealing responsibly with members’ personal data (this data is further referred to as “personal data”). The personal data resulting from your enrollment in the doctor’s area or the use of the available services may only be collected, stored or processed by the Service Provider to the extent this is required for the purposes of the contractual performance of a service and permitted under legal regulations or ordered by the legislator. The Service Provider shall treat your personal data as confidential and in accordance with the provisions of the current data protection law, and shall not pass it on to third parties.
(2) Beyond that, the Service Provider shall only use your personal data to the extent you have expressly consented to this. You may at any time revoke the consent given by you.
Section 16 Disclaimer for services free-of-charge
Should you suffer loss or damage as a result of the use of services provided within the doctor’s area on the website free-of-charge (including the retrieval of free content), the Service Provider shall only be liable if the loss or damage to you results from the contractual use of the free content and/or services, and only in case of intent (including fraud) and gross negligence on the part of the Service Provider.
VII. Other provisions
Section 17 Written form/email requirement
Unless otherwise indicated in these Terms of Membership and Use, all statements made in the context of participation in the portal shall be made in writing or by email. The Service Provider’s email address is Info@HeidelbergEngineering.com. The Service Provider’s postal address is:
Heidelberg Engineering GmbH
We reserve the right to amend the contact information. In case of such an amendment the Service Provider will inform you of the same.
Section 18 Severability
Should a provision of these Terms of Membership and Use be or become invalid this shall not prejudice the legal validity of the remaining provisions of the same. Such valid provision is deemed agreed in place of the invalid provision as most closely reflects the commercial intentions of the parties.
Section 19 Applicable law
These Terms of Membership and Use are governed by the law of the Federal Republic of Germany subject to the exclusion of the Convention on Contracts for the International Sale of Goods (CISG).
Section 20 Jurisdiction
The courts of the place where the Service Provider has its registered office in Heidelberg, Germany shall have exclusive jurisdiction over all disputes arising from these Terms of Membership and Use, to the extent such a jurisdiction agreement is permitted.