for the specialist portal “medizinonline.com
1. scope
1.1 The provider of the specialist portal for physicians “medizinonline.com” is Prime Public Media AG, Neugasse 10, CH-8005 Zurich, telephone: +41 44 250 28 70, fax +41 44 250 28 77, info@medizinonline.com Commercial Register of the Canton of Zurich, company number CHE-246.600.401 CEO: Stefan C. Schreiber (hereinafter referred to as the “Provider”).
1.2 The following General Terms and Conditions of Use and Business apply to all services offered and provided by the Provider on and via the internet portal “medizinonline.com” (hereinafter referred to as the “Portal”) and its subpages.
1.3 The following General Terms and Conditions of Use and Business shall apply exclusively. Deviating contractual conditions of the user shall only apply if they have been confirmed by the provider.
2. services
2.1 With “medizinonline.com”, the Provider provides a specialist portal for physicians. In the portal, numerous medical publications and information, newsletters, professional notifications, forms and other text, audio, video and image material can be obtained online either individually or as part of a subscription. Some of the content and information is provided free of charge (cf. to this point 5.), partly against payment (cf. to this point 6.) offered.
The portal may also offer online continuing education courses, either individually or on a subscription basis, with or without CME points, including learning success checks with display of the correct solution in each case (cf. Section 7.).
The details of the respective services offered are described in detail on the Provider’s website at www.medizinonline.com.
2.2 The retrieval of services from or orders placed with the Provider require an Internet connection. For the subscription of articles and journals, the program Adobe Reader of Adobe Systems Inc. in the latest version or another program that allows viewing and saving PDF documents, and a Flash browser plug-in in the latest version. The user is responsible for setting up these technical requirements. Any costs incurred in this regard shall be borne by the user.
3. identification, registration, access to the portal, access data
3.1 Identification; registration
With the exception of general information and orders for professional journals in the journals section, access to the portal is limited to the professionals listed below: Physicians, dentists, veterinarians, pharmacists and other persons who legally trade in prescription drugs. The use of most offers on “medizinonline.com” therefore requires the prior verification and registration of the user as well as the assignment and activation of the necessary access data, in particular a password. For this purpose, the provider uses the central registration and login platform.
3.2 Access to the portal, use of the access data
3.2.1 The User gains access to the closed areas of the portal “medizinonline.com” and its services by entering his access data into the login form. The provider nevertheless reserves the right to deny users access even if registration has been completed.
3.2.2 The assigned access data – as well as the provided services themselves – are exclusively intended for personal use by the respective user and may not be passed on to third parties, including family members or colleagues. The Provider shall also have the right to apply a central blocking of the access data for the Service. Furthermore, the user shall also be liable to the provider for all consequences of third-party use, insofar as the user is responsible for the misuse of the access data. The user is responsible for the misuse in particular if he has enabled the unauthorized use of the access data even negligently. The liability ends only when the user has informed the provider about the unauthorized use and, if necessary, changed the password.
3.3 Termination and withdrawal of access authorization
3.3.1 The Provider reserves the right to terminate the User’s access in the event of violations of these General Terms and Conditions of Use and Business, in particular on account of
– incorrect information during registration,
– unauthorized disclosure of the access data, in particular the password, and/or
– Misuse of the services in the portal “medizinonline.com”,
to temporarily or permanently block the user’s access without giving reasons and/or to permanently withdraw the user’s access with immediate effect or with a period of notice at the discretion of the provider and to terminate the contractual relationship extraordinarily and without notice.
3.3.2 If the User’s access authorization is temporarily or permanently revoked or expires due to the Provider’s terms of use (cf. Section 3.1), the User may no longer use the services of the “medizinonline.com” portal available in the closed area.
3.3.3 Furthermore, the access authorization shall expire automatically as soon as the user no longer belongs to the authorized groups of persons as defined in Section 3.1. The user is obliged to inform the customer service of the service immediately about corresponding imminent or already occurred changes of the profession or occupation.
4. conclusion of contract, termination of contract, personal use
4.1 Conclusion of Contract, Termination of Contract
4.1.1 In the portal “medizinonline.com” different information and products can be accessed within the framework of a subscription contract, if necessary also by way of individual subscription. The presentation of information or products on the portal does not constitute a binding offer to conclude a contract. The user makes a binding offer to conclude a contract by selecting the respective service, information or product and – if applicable, after entering his login or order data – clicking the corresponding button to order or activate the service. Up to this point, the user can go back and correct his entries if necessary or cancel the order process by closing the browser window. After the order has been placed, the provider shall immediately confirm receipt of the order by e-mail; this confirmation of receipt does not constitute acceptance of the order.
4.1.2 The contract between the Provider and the User is concluded when the Provider declares acceptance by activating the relevant information or content for the User, by making it available to the User via download or by confirming acceptance by e-mail. The provider reserves the right to reject the user’s offer without giving reasons.
4.1.3 Subscription contracts have the minimum term specified for the respective product on the portal. The contract shall be extended in each case by a further contract period corresponding to the minimum term if the User does not terminate the subscription within the period specified for the respective product before the end of the respective contract period. The right to extraordinary termination for good cause remains unaffected for both parties.
4.1.4 Any termination must be in writing. The transmission of a notice of termination by fax or e-mail does not satisfy this requirement.
4.2 Personal use
Just as the access data is provided exclusively for the User personally (cf. Section 3.2.2), content or products that can be obtained in the closed login area of the “medizinonline.com” portal are intended exclusively for the User personally. Access to such content and areas of the service of “medizinonline.com”, may not be made available to third parties, including the employer or colleagues.
5. free services; newsletter
5.1 Access to content
The Provider also provides the User with free content and information on the portal “medizinonline.com”, both in the open area and in the closed area, which is only accessible after appropriate identification and registration with the User’s login data.
5.2 E-mail newsletter
5.2.1 On the portal “medizinonline.com”, the User is offered one or more free e-mail newsletters of the Provider as well as, if applicable, of cooperating publishers and associations. For the receipt of a newsletter, the e-mail address provided by the user during registration is used.
5.2.2 In addition to editorial content and industry news, the newsletters may also contain advertising from the Provider, cooperating publishers or third parties.
5.2.3 In each newsletter there is a link to unsubscribe from the same. In the event of technical or other problems, technical support is available to users at the address info@medizinonline.com for logging off.
6. paid content, subscriptions, right of withdrawal
6.1 Individual and subscription contracts
Certain content or products on “medizinonline.com” are subject to a fee. Among other things, trade journals and articles are offered there in digitized form as so-called “ePapers” or other digitized content (photos, videos, etc.) within the framework of a subscription contract, if necessary also for individual retrieval. The individual purchase of an article or publication, if offered, is not dependent on the existence of a subscription contract. The details of the respective product can be found on the website.
6.2 Right of revocation
Section 10.4 shall apply accordingly to the right of revocation.
7. online training courses
7.1 Services of the Provider
The details of any online continuing education courses offered on the portal (with or without the acquisition of CME points) are described in detail on the corresponding web pages on the portal.
7.2 Right of cancellation for contracts for training courses
If the user is a consumer in the sense of civil law, i.e. a natural person who concludes a paid contract for further training for a purpose that can be attributed neither to his commercial nor to his independent professional activity, there is a statutory right of revocation, which the provider shall inform about as follows:
Cancellation policy
Right of withdrawal
You have the right to cancel this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the date of conclusion of the contract.
In order to exercise your right of withdrawal, you must inform Prime Public Media AG by means of a clear declaration (e.g. a letter sent by post, fax or e-mail) of your decision to withdraw from this contract. You can use the enclosed sample revocation form for this purpose, but it is not mandatory.
In order to comply with the withdrawal period, it is sufficient that you send the notification of the exercise of the right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you withdraw from this contract, we must return to you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
If you have requested that the services begin during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
7.3 Course conditions
7.3.1 The training courses may only be taken by the registered user. The user may not be assisted or represented by third parties.
7.3.2 A failed course may, if necessary, be replaced by a new course. be repeated.
7.3.3 The points earned as part of a successfully completed course are awarded exclusively for the user and are not transferable to third parties.
7.3.4 After successful completion of a course, the User shall receive a certificate in his/her personal area and a corresponding notification by e-mail. The user is responsible for checking the crediting of the acquired points.
8. prices and terms of payment
8.1 Insofar as the services of the Provider are subject to a charge, the prices communicated on the Website at the time of the order shall apply. All prices are inclusive of the respective statutory value-added tax and, in principle, plus any shipping costs, unless shipping costs are indicated as being included in the price.
8.2 Unless otherwise agreed, the fee shall become due for payment in advance upon ordering the goods or activating the services. In the case of a subscription contract, the Provider reserves the right to offer the User a choice of different billing periods on the Website. Billing is done according to the payment method chosen by the user (credit card, invoicing). However, the Provider is not obliged to offer the User different payment methods.
8.3 The User shall receive an invoice for the publications ordered by him in electronic form to the e-mail address specified by him. If the customer also wishes to receive a paper invoice, the provider may charge a separate fee for this.
8.4 If the User fails to meet its payment obligations, the Provider shall be entitled to withhold its services, in particular to block access to the respective service. After the outstanding receivables have been settled, the service is resumed or the access is reopened. The Provider reserves the right to make further and more extensive claims, in particular claims for compensation for damages caused by delay and for any out-of-court legal action, as well as the right to declare extraordinary termination if the legal requirements are met.
9. rights to content
9.1 The contents of the portal “medizinonline.com”, i.e. in particular articles, professional articles and journals, training documents, photos, videos etc. (hereinafter referred to as “contents”) are protected by copyright or ancillary copyright. The user is entitled, exclusively for his own purposes, to carry out the acts of reproduction necessary for the use of the contents in accordance with the contract, to carry out research for his own purposes and to copy a selection of the files from the contents into the working memory of his terminal device. The user may furthermore – as a simple, non-transferable and non-sublicensable right exclusively for his own use for research and training purposes – permanently save the content once and produce a further copy each time by printing out the content (download and printout).
If the user wishes to make more than one permanent copy or more than one physical copy of a piece of content (e.g., by copying it onto mobile data carriers or by printing or copying it), or if the user wishes to save and/or print not only certain individual pieces of content or excerpts thereof, but entire online editions, series, sections, or other summaries of instructional material or content, the prior written consent of Prime Public Media AG is required.
9.2 The user is not granted any further rights to the content. In particular, the User shall not be entitled to reproduce, distribute, perform, make available to the public or broadcast and/or publish or exploit any derivative works of the Content beyond the scope of the statutory provisions or the permissions set forth in Section 12.1. This applies in particular to the granting of access for third parties to the stored content, the feeding of content into a network (Internet, intranet, etc.) and the provision of information to third parties on a commercial or self-employed basis.
10. obligations of the user
10.1 With regard to the offers and contents on “medizinonline.com”, the user is obligated to respect the copyright and ancillary copyright positions of the provider as well as all other rights holders (see also section 12.2). Trademarks, logos and copyright notices may not be removed or altered.
10.2 The user may also post contributions and content on “medizinonline.com” outside of the community, for example ratings and comments. Insofar as the user himself places content on “medizinonline.com”, this content must not violate applicable law and/or infringe the rights of third parties. When using dialogue-oriented content on “medizinonline.com”, the user undertakes to limit himself/herself to the professional exchange of opinions, not to impersonate another person and to refrain from making advertising statements, as well as to show consideration for the interests of other participants.
11. data backup
It is the responsibility of the user to regularly secure data and information relevant to him/herself against loss, damage and alteration at a technical level appropriate to the importance of the data. This also applies in particular to acquired CME certificates of attendance.
12. warranty
12.1 With regard to the free content and the free newsletters, the statutory provisions shall apply accordingly.
12.2 With regard to the chargeable services, the statutory warranty provisions shall apply in principle, however, this shall apply if the user makes use of the services of the portal “medizinonline.com” as an entrepreneur within the meaning of the Civil Code.
12.3. Customer service (availability, contact details):
Our customer service is available Monday through Friday from 10 am to 5 pm. Public holidays are excluded.
Tel. +41 44 250 28 70 (chargeable)
info@medizinonline.com
13. liability
13.1 Special provisions for free services, discussion forums and expert advice and data loss
13.1.1 With regard to the free content and the free newsletter, if the damage is related to the use of the portal “medizinonline.com” or the receipt of the newsletter, the Provider shall not be liable.
13.1.2 Insofar as users post content in discussion forums or in the comment function or give advice as experts in a particular field, this is exclusively content for which the users concerned are responsible. In this respect, the provider merely makes the medium technically available and is not responsible for the accuracy, correctness or reliability of this content. In particular, the provider is not liable for any loss or damage incurred by the user as a result of relying on such information.
13.1.3 If damages to the User result from the loss of data, the Provider shall not be liable for this, irrespective of any participation, insofar as the damages would have been avoided by an appropriate, regular and complete backup of all relevant data by the User (see Section 14.).
13.2 General liability regulations
13.2.1 Otherwise, the Provider shall be liable for damages of the User caused intentionally or by gross negligence, which are the consequence of the non-existence of a guaranteed quality of the object of performance, which are based on a culpable breach of essential contractual obligations (so-called cardinal obligations), which are the consequence of a culpable injury to health, body or life or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions.
13.2.2 Cardinal obligations are those contractual obligations the fulfillment of which makes the proper execution of the contract possible in the first place and the observance of which the contractual partner may regularly rely on, and the violation of which on the other hand endangers the achievement of the purpose of the contract.
13.2.3 In the event of a breach of a cardinal obligation, liability – insofar as the damage is only due to slight negligence and does not affect life, limb or health – shall be limited to such damage as may typically and foreseeably be expected to occur in the context of the provision of services such as the contractual services.
13.2.4 In all other respects, liability – irrespective of the legal grounds – of both the Provider and its vicarious agents and assistants shall be excluded. This applies in particular to third-party services or technical services, such as integrated translation assistance.
14. data protection
The provider treats the user’s data confidentially and respects the relevant data protection regulations. All information on the subject of data protection can be found in the data protection declaration, which can be requested from the publisher.
15. amendments to the general terms and conditions of use and business
15.1 The Provider reserves the right to change the General Terms and Conditions of Use and Business at any time and without giving reasons. The new General Terms and Conditions of Use and Business will be sent to the user by e-mail. The new General Terms and Conditions of Use and Business shall be deemed to have been agreed if the User does not object to their application within 14 days of receipt of the e-mail. The objection must be made in text form. The Provider shall separately inform the User in the e-mail of the possibility of objection, the deadline and the consequences of the User’s inaction. If the User objects, either party shall have the right to terminate the relevant agreement by giving notice of termination with immediate effect.
16. final provisions
16.1 The contractual relationship with the User as well as these General Terms and Conditions of Use and their interpretation shall be governed exclusively by Swiss law.
16.2 If the User is a merchant, a legal entity under public law or a special fund under public law or if the User does not have a permanent place of residence in Germany, the place of jurisdiction for legal disputes arising from or in connection with this Agreement shall be Zurich. If the User is a merchant, a legal entity under public law or a special fund under public law or if the User does not have a permanent residence in Germany, the place of performance for all rights and obligations arising from the contractual relationships with the User shall also be Zurich.
16.3 If individual provisions of these Terms and Conditions are or become invalid and/or unenforceable, the validity of the remaining provisions shall remain unaffected. Ineffective and/or unenforceable provisions shall be replaced by way of supplementary interpretation of the contract by an effective and enforceable provision which, taking into account the interests of both parties, is most likely to achieve the desired economic purpose. The same applies to the filling of gaps in these Terms of Use.
16.4 The Provider primarily addresses German-speaking customers with its products. The contractual conditions and the consumer information are therefore only available in German. Prime Public Media AG does not provide for separate contractual texts. The content of the agreements concluded with the Provider therefore follows from these General Terms and Conditions of Use together with the identity of the Provider and the User and the subject matter of the agreements concluded. In this respect, the provider does not store “the text of the contract” specifically to the person of the user.