Sisällysluettelo

Business Lounge Terms of Use

I. Subject of the Agreement, Amendments

Section 1 Subject of the Terms of Membership and Use, General Terms and Conditions of Sale

(1) Heidelberg Engineering GmbH, Max-Jarecki-Straße 8, 69115 Heidelberg (hereinafter referred to as the "Service Provider") provides under the web address

https://business-lounge.heidelbergengineering.com

customers, business partners and other website visitors (hereinafter jointly referred to as "Participants") with a platform, the so-called Business Lounge (hereinafter referred to as "Portal"). Participants may create individual personal profiles (registration, see Section 4), request Content available on the Portal and use the other services currently available on the Portal free of charge and against payment within the scope of their respective availability. Participants may also use some of the services available on the Portal without registration (hereinafter referred to as "Anonymous Participants"). For Anonymous Participants, however, many services are limited in their functionalities and can only be used for information purposes. Further information on the services can be found in the service description (see Section 8).

(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 duly registered or Anonymous Participant.

(3) Information about the Service Provider is available at:

Publisher

(4) To the extent that the Service Provider offers paid services (e.g. products, Events) to the Participant via the Portal, the General Terms and Conditions of Sale (hereinafter referred to as "GTC") of the Service Provider shall apply additionally and in addition, which can be found on the Internet under the General Terms and Conditions of Sale.

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 days 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, Registration, Use of Login Data, Cancellation of Membership

Section 3 Registration Requirements, Right to Enroll, Anonymous Participation

(1) The use of most of the services available on the Portal require your registration as a participant. In order to be able to register, you need access data (see Section 5), which you receive as soon as you register on the Portal (see Section 4). There is no claim 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, are unlimited legally competent and if you are an entrepreneur (Section 14 German Civil Code), or if you represent a legal person under public law or a public law fund. Persons under 18 are not permitted to enroll. Registration for a purpose which cannot be attributed to your commercial or self-employed professional activity (i.e. as a consumer, Section 13 German Civil Code) is also prohibited. 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.

(3) If you do not register, you can only use the Portal Content that is made available to you as an Anonymous Participant.

Section 4 Registration Process

(1) The service provider offers you to register as a Participant on the Portal. This registration is, in general, free of charge for you.

(2) Following initial registration you can provisionally log on to the Portal with restricted access and user rights. Once your user data has been completed within the Portal the Service Provider will verify your access and user authorization. For established access and user rights, you will receive full access to the Portal with all the Content provided for you.

(3) The contact details and product details requested by the service provider during the registration process and any other information required for use must be provided by you completely and correctly. When registering a legal entity, the natural person authorized to represent that legal entity must also be specified. In addition, Section 3 (2) shall apply accordingly to the registration.

Section 5 Responsibility for Login Data

(1) During the enrollment process you will be asked to enter an email address, a password 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 does not offend common decency.

(2) You must not disclose the login data, including the password, or make it accessible to unauthorized Third Parties.

(3) You are further responsible to ensure that your access to the Portal and the use of the services available on the Portal is solely performed by you or those persons authorized by you. The Service Provider must be informed immediately if there is cause for concern that unauthorized Third Parties have obtained or may obtain your login data.

You shall be liable for any use and/or other activity carried out under your access data in accordance with these Terms of Membership and Use and the provisions of the law.

Section 6 Updating the Participant Data

You are obliged to keep your data (including your contact data) up-to-date. Should a change occur to the data provided during your membership, you are obliged to promptly correct the information on the Portal in your personal settings. If you are not successful in doing so, please send us the updated data by email without delay to Business-Lounge@HeidelbergEngineering.com or by fax to +49 (0) 6221 / 64 63 62.

Section 7 Cancellation of Participation

(1) You may cancel your registration at any time by deregistering from membership of the Portal. The Service Provider may cancel your registration by giving two months' notice to the month's end.

(2) Once the cancellation takes effect the contractual relationship ceases and you are no longer permitted to use your access. The Service Provider reserves the right to block the username and password as soon as the cancellation takes effect.

(3) The Service Provider is entitled, after the 30 calendar days after cancellation takes effect and after the expiration of any legal periods during which it is entitled to keep data available, to delete irretrievably all data created as part of your membership.

III. Services and Content on the Portal

Section 8 Scope 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 include, but are not limited to, making available data, documents, articles, photographic records and audio recordings, information, Software and other Content or offering other goods (hereinafter collectively referred to as "Content"); furthermore, as a registered Participant, you may have the option of creating individual profiles.

The Content and scope of the services are determined by the respective contractual agreements, otherwise by the functionalities currently available on the Portal.

The Contents and services made available on the Portal are free of charge, unless otherwise stated. If Content is subject to a charge (hereinafter referred to as "Content Subject to a Charge"), you can order and purchase it via our online shop in the Portal.

(2) The services available on the Portal may include services or Contents of Third Parties to which the Service Provider simply provides access. In order to use such services or Contents, which are in each case marked as third-party services or Contents, 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 or Contents 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 9 Alterations to Services

The Service Provider is entitled at any time to make changes to the services or Contents offered free of charge on the Portal, to make new services or Contents available free of or subject to a charge, and to cease to provide free-of-charge services or Contents. In so doing the Service Provider will consider your legitimate interests.

Section 10 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 Participants, 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 Contents available on the Portal originate partly from the Service Provider and partly from other Participants or other Third Parties. Contents of the Participants as well as of other Third Parties are hereinafter collectively referred to as "Third Party Contents".

(3) We are responsible for the Contents of our Internet pages in accordance with the general laws, in particular to Section 7 (1) of the German Telemedia Act. All Contents are created with due care and to the best of our knowledge. Insofar as we refer to third-party websites via hyperlinks on our website, we cannot guarantee that the linked Contents are up-to-date, correct and complete, as these Contents are outside our area of responsibility and we have no influence on the future design. If, in your opinion, Content should violate applicable law or be inappropriate, please let us know.

IV. Use of the Services on the Portal by You

Section 11 Scope of Permitted Use, Monitoring User Activity

(1) Your user right is restricted to access to the Portal and to the use of the services available on the Portal 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 12 Use of Updates and Support

To the extent available as a function on the Portal you may use updates for the operating Software (hereinafter referred to as "Software") of specific technical products (hereinafter referred to as "Hardware") of the Service Provider on the following terms and conditions:

(1) The Service Provider grants you a simple, non-exclusive, open-ended right,

  • to copy the Software for temporary installation on a computer and/or a storage medium owned by you;
  • to install the Software from the storage medium onto connected Hardware owned by you,
  • to use the Software with the Hardware, and
  • to make a copy of the Software in machine-readable form, exclusively as a back-up.

(2) Unless otherwise agreed, you are not permitted to make copies of the Software or to distribute it to others, and the Software may also not be transferred from one computer to another via a network. The Software contains business secrets and for its protection may not be decompiled or disassembled, analyzed by way of reverse engineering or otherwise transformed into a version that is humanly comprehensible unless this is legally permitted. This is without prejudice to Sections 69d and 69e of the German Copyright Act. You are not permitted to alter or remove copyright marks, trademark information or other proprietary notices contained in the Software. The Software may not be assigned or otherwise released either wholly or in part, modified, adapted, translated, rented out, leased, lent, resold, divided, distributed within a network or used for the creation of derived products or to bring about the creation of such works. Only a transfer of the Hardware together with the Software installed on it is permitted.

Section 13 Creation of User Profiles

(1) As available as a function on the Portal, you may individualize your user profile within the framework of these Terms of Membership and Use according to your own ideas. Please make sure you are aware of the restrictions of Section 16.

(2) The Service Provider does not, as a rule, verify the identity of the profile owners or of the information in the profiles. The Service Provider therefore gives no guarantee that each profile owner is necessarily the person the profile owner claims to be.

Section 14 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 Contents you upload. 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 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 15 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 Content (hereinafter referred to as "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 of these cases an unlimited, Content-restricted and non-exclusive right to the Content properly downloaded or printed out by you for the use of your own purposes. You may use this Content for information and teaching purposes. Any use beyond this is not permitted without our prior consent.

(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 Act).

Section 16 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 minors. In particular, the following actions are prohibited:

  • 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) 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.

(3) 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 Business-Lounge@HeidelbergEngineering.com. The Service Provider will verify the occurrence and take appropriate steps.

(4) 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 17 Blocking of Accesses

(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.

Section 18 Online Orders

(1) Insofar as it is possible for you as a registered or Anonymous Participant to use our online shop via the Portal and to order goods or products from the Service Provider via it (hereinafter referred to as "Online Orders"), the following provisions shall apply.

(2) You are only entitled to place Online Orders if you are also entitled to log into the Portal and register (see Section 3 (2)). The online shop is therefore not aimed at consumers (Section 13 German Civil Code). This also applies if you wish to order goods or products as an Anonymous Participant, as far as this is exceptionally possible for Anonymous Participants (e.g. Glaucoma Imaging Atlas).

(3) If you place an Online Order, a contract of sale is concluded between you and us for the purchase of the ordered products or goods. This is done in the following technical steps:

a) Orders by Registered Participants

After logging in to the Portal, you can select products under the heading "Practice Marketing", which are listed in the sub-sections "Practice Materials" or "Advertising Materials Shop". By pressing the button "Add to shopping cart", you can add the selected products to your shopping cart. If you would like to order the Contents of your shopping cart, please click on the "Order now" button located there. You will then be shown a complete overview of the Contents of the shopping basket and the total price. By clicking again on the button "Order now" you will get to an input mask, where you have to enter the delivery and billing address, the shipping and payment method and the responsible contact person. By clicking on "Continue" you will be shown a final order overview. You can also change the data for your order here by clicking on "Change data". After accepting our data protection information, you place a binding order by clicking on the "Order now" button.

b) Orders by Anonymous Participants

If you would like to order a product offered to Anonymous Participants, please click on the "Order now online" button available at the product presentation to be forwarded to the ordering process. You will first be shown the product description with further information, including the total price. If necessary, you can redeem a discount code at this point. If you click on the "Continue" button, you can now enter your delivery and billing address as well as your contact details. The next step is to select the payment method; currently only prepayment is possible for Anonymous Participants. After accepting our data protection information and confirming that you wish to purchase the product as a commercial customer, you place a binding order by clicking on the "Order now" button.

c) Procedure After a Binding Order

After your order, the system will promptly send an e-mail to the customer confirming receipt of your order. This confirmation is expressly not an acceptance of your offer to conclude the sales contract for the ordered product. We review the order and perform further checks on which the acceptance or non-acceptance of the order depends (in particular, whether the service ordered is currently available or there is a delivery restriction). Should an order have to be rejected, you will be informed immediately; any consideration already received will be refunded.

A contract is only concluded when we accept your order by means of a declaration of acceptance sent by a separate e-mail (hereinafter referred to as "Order Confirmation") or by delivering the ordered goods.

(4) For the scope of the contractual obligations, only the respective agreed contractual Content is decisive, including the General Terms and Conditions of Sale of the Service Provider included in the Online Order (see Section 1 (4)), unless otherwise regulated in these Terms of Membership and Use; this applies in particular with regard to our warranty and liability for the products ordered as well as for the terms of payment.

Section 19 Event Application

(1) Insofar as it is possible for you as a registered or Anonymous Participant to apply via the Portal for an Event (training courses, courses and symposia) of the Service Provider (hereinafter referred to as "Event Application"), the following regulations apply.

(2) You are only entitled to apply for an Event if you are also entitled to log in and register for the Portal (see Section 3 (2)). The Event Application is therefore not directed at consumers (Section 13 German Civil Code). This also applies if you wish to register as an Anonymous Participant, insofar as this is possible at all for Anonymous Participants in exceptional cases.

(3) If you apply for an Event, a contract is concluded between you and us for the execution of the Event (hereinafter referred to as "Event"). This is done in the following technical steps:

a) After registering for the Portal, you can select Events under the heading "Academy", which are listed in the sub-categories "Courses" or "Symposia". You can also register for the Portal during the application for a selected Event.

b) By clicking the button "Register" you can add the selected Events to your shopping cart. If you would like to register for the Contents of your shopping cart, please click on the "Register now for a fee" button located there. You will then be shown a complete overview of the Contents of the shopping cart and the total price. By clicking on the button "Register now for a fee" again, you will be taken to an input mask where you have to provide information on the billing address, payment method, the responsible contact person and any incompatibilities. After accepting our data protection information, you can click on the button "Continue to overview" to get to the final overview. You can still change your registration data here by clicking on "Change data". After accepting our privacy policy, you make a binding registration by clicking on the button "Register now for a fee".

c) After receipt of your application for an Event, you will receive a confirmation with an invoice by e-mail. If you have chosen the payment method "invoice", the invoice must be paid by the specified date at the latest. A course programme will also be sent to you with the invoice.

(4) Up to 14 days prior to the Event date there is the possibility of cancellation free of charge or a refund of already paid participation fees. For later cancellations the full fee or there is no right to a refund of the participation fee.

V. Disclaimer

Section 20 Limitation of Liability for Services and Contents

If any damage occurs by the use of services and Contents available on the Portal (including the retrieval of free Content), the Service Provider shall be liable – regardless of the legal basis – in the Event of intent and gross negligence, in the Event of liability in accordance with the provisions of the Product Liability Act and to the extent of an expressly assumed guarantee. In case of simple negligence, the Service Provider is only liable

a) for damages resulting from injury to life, limb and health;

b) for damages resulting from the breach of an essential contractual obligation (obligation, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability shall be limited to compensation for the foreseeable, typically occurring.

VI. Other Provisions

Section 21 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 Business-Lounge@HeidelbergEngineering.com. The Service Provider's postal address is:

Heidelberg Engineering GmbH
Max-Jarecki-Straße 8
69115 Heidelberg
Germany

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 22 Severability

Should any provision of these Terms of Membership and Use be or become invalid, this shall not affect the legal validity of the remaining provisions.

Section 23 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 24 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.


License Conditions E-Books

These License Conditions are an agreement between Heidelberg Engineering GmbH (“we”) and you as the user (“you”) who is going to make use of one or more of our free E-Books.

We hereby grant you a non-exclusive, non-transferable, limited license to download and use the E-Books on your personal devices, based on the following terms and conditions which you are required to comply with:

  • The provided E-Books are protected by copyright and can only be installed on your personal devices for non-commercial purposes.
  • You are not allowed to forward, loan, copy or display publicly the E-Books or related materials. You may not distribute its contents to third parties without Heidelberg Engineerings GmbH’s prior written consent.
  • Modifications, reproductions, translations or any other alterations of the eBook contents are not permitted.
  • Heidelberg Engineering GmbH shall not be liable for any damage, loss or cost arising from or caused wholly or in part by using the provided E-Books nor shall Heidelberg Engineering GmbH assume any liability for indirect damages.
  • You irrevocably assume sole responsibility for any damage, loss or cost that may arise for Heidelberg Engineering GmbH by your violation of these terms and conditions.
  • We accept no liability for the correctness, completeness or quality of the information provided.
  • Liability claims derived from the use or non-use of the E-Books are fundamentally excluded, provided that there is no demonstrably intended or gross negligence.