I. SUBJECT OF THE AGREEMENT, AMENDMENTS
Section 1 – Subject of the Terms of Use
(1) Heidelberg Engineering GmbH, Max-Jarecki-Straße 8, 69115 Heidelberg affiliated with Medisoft Limited, 33 Park Place, Leeds, LS1 2RY, United Kingdom (hereinafter referred to as the “Service Provider“) provides under the web address www.medisoft.co.uk.
Website visitors are hereinafter jointly referred to as “Participants“ to the website (hereinafter referred to as the “Website“). Participants may request Content available on the Website and use the other services currently available on the Website free of charge and without payment within the scope of the agreement.
(2) These Terms of Use govern your use of any website ending ‘medisoft.co.uk’, including any use of any Medisoft portal to send data to Medisoft Limited or to any NHS service provider and the use of services by you as a duly registered or Anonymous Participant. If you do not agree to be legally bound by these terms then you must not access or use any website ending ‘medisoft.co.uk’.
(3) Information about the Service Provider is available at: https://www.heidelbergengineering.com/
(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. Copies of the GTC are available on request.
Section 2 – Amendments to the Terms of Membership and Use
The Service Provider reserves the right to amend these Terms of Use at any time.
II. Services and Content on the Website
Section 3 – Scope and Availability of Services
(1) On the website 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 video recordings, information, software and other content or offering other goods (hereinafter collectively referred to as “Content“)
The Contents and services made available on the website are free of charge, unless otherwise stated.
(2) The services available on the website 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 Use.
(3) A right to use of the services or Contents available on the website 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 power cuts, hardware and software errors, and technical problems with data lines).
Section 4 – Alterations to Services
The Service Provider is entitled at any time to make changes to the services or Contents offered free of charge, 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 5 – Protection of Content, Responsibility for Third Party Content
(1) Unless otherwise stated, the Content available on the website is all protected by copyright or other property rights and is in each case the property of the Service Provider 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 Use and within the context prescribed by the Website.
(2) The Contents available on the Website originate partly from the Service Provider and partly from other Third Parties. Contents of other Third Parties are hereinafter collectively referred to as “Third Party Contents“.
(3) The Service Provider is 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.
III. Use of the Services on the Website by You
Section 6 – Scope of Permitted Use, Monitoring User Activity
(1) Your user right is restricted to access to the Website and to the use of the services available on the Website respectively within the provisions of these Terms of Use.
(2) You are personally responsible for meeting the technical requirements necessary to use the services. 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 Use and/or specific suspicion that some other illegal action or offense has been committed.
Section 7 – Right of Use to Content Available on the Website
(1) Unless a more extensive use is expressly permitted in these Terms of Use or facilitated on the Website through a corresponding function (e.g. the Download button), you may access online and display the Content available on the Website solely for personal purposes.
You are prohibited from processing, amending, translating, showing or presenting, publishing, displaying, reproducing or disseminating the Content available on the Website either wholly or in part. It is also not permitted to remove or alter copyright marks, logos and other marks or proprietary notices. You shall not reverse engineer, decompile, copy or adapt any software or other code or scripts that form part of our Website nor attempt to transmit to or via our Website any information that contains a virus, worm, trojan, or other harmful or disruptive component.
(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 Website
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 8 – Prohibited Activities
(1) You are prohibited from any activities on or in connection with the Website 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 authorised to do so.
(2) You are also prohibited from doing anything that could affect the smooth running of the Website, 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 unauthorised use of the Website, please contact information@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.
(5) All Medisoft portal sites (any website ending ‘medisoft.co.uk’, other than http://www.medisoft.co.uk) are maintained for the benefit of specific individuals and organisations. You may not therefore create hypertext links to any such portal site.
IV. Disclaimer
Section 9 – Limitation of Liability for Services and Contents
If any damage occurs by the use of services and Contents available on the Website (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 ( 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.
c) the internet is not a secure medium for communication. Although we take every precaution to ensure that information submitted via the Website is secure, we cannot guarantee that any information you submit to us through our Website or by e-mail will arrive safely or be secure from interception by third parties.
V. Other Provisions
Section 10 – Written Form/Email Requirement
Unless otherwise indicated in these Terms of Use, all statements made in the context of participation in the Website 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
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 11 Severability
Should any provision of these Terms of Use be or become invalid, this shall not affect the legal validity of the remaining provisions.
Section 12 Applicable Law
These Terms of 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 13 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 Use, to the extent such a jurisdiction agreement is permitted.
