Effective 2022
Merz Aesthetics GmbH (“Merz”, “we”, “us”), Eckenheimer Landstrasse 100, 60318 Frankfurt, Germany, operates the website www.merzmedicalforum.com (the „Website“).These Terms of Use apply to your use of the Website.
1. Registration
1.1 The Website is reserved for healthcare professionals only and require a prior registration (“Registered Users”).
1.2 In order to register you must be a natural person with full legal capacity and a healthcare professional (medical practitioner/physician, dentist or pharmacist).
1.3 Registration or acceptance of registration does not affect any professional limitations that may be placed on a healthcare professional by legislation, rules and policies.
1.4 For the registration you are required to submit personal data, such as your name, profession, practice address and e-mail address (together the “Registration Data”). You are also required to choose a password; your user name will be your e-mail address (together the “Log-in Information”).
1.5 All Registration Data must be complete and accurate. You are required to update your Registration Data if it changes.
1.6 We reserve the right to decline registration or activation in case of the suspicion of fraud or falsity of personal information. No right to registration and/or activation exists.
1.7 You will receive an email containing a link you are required to activate and to confirm your registration. Only after successful confirmation of your registration you are able to access and use our Website that are reserved for Registered Users only (the “Registered Access”).
1.8 As soon as a precondition for becoming a Registered User (being a healthcare professional) no longer exists, you have to immediately notify us by sending an email to medicalforum@merz.de and your right to use the Access ceases automatically.
1.9 You may register only once. We reserve the right to close any additional accounts a Registered User may register on the Website.
1.10 We may provide you with periodic e-mails, text messages, push notifications, alerts and other messages related to the Website, such as weekly newsletters or new content alerts. You can consent to such communication on the registration page. Merz does not charge for such communication. However, you are responsible for any applicable message or data rates charged by your wireless carrier. Please contact your wireless carrier for information about your messaging or data plan. If you no longer wish to receive push notifications/alerts, you may opt out by changing your notification settings on the registration page, or by e-mailing us with your request.
2. Using the Website and the LOG-IN Information
2.1 You are required to keep your Log-in Information secure at any time and must not share it with other third parties, in particular where legislation restricts access to product or professional information by lay persons. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised use of your Log-in Information by a third party, or of any loss, theft or disclosure of your Log-in Information, you must immediately notify us.
2.2 Your Access is personal to you and you may not disclose, assign or otherwise transfer your Access and/or Log-in Information to any other person or entity.
2.3 You are responsible for all transactions made through your Access, irrespective of whether you act negligently or willfully.
3. Use of your personal Information
Your personal information, as collected on this website, will only be collected, used, destroyed, accessed, etc. (“processed”) within the context of the Website, Registered Access and this agreement except in the cases mentioned in our Terms of Use.
4. Guidelines for using the Website and/or registered access, Video rating
When using the Website, all illegal, harmful or otherwise inappropriate conduct, including, but not limited to the following, is prohibited:
4.1 Providing any incorrect or false data when accessing and/or using the Website;
4.2 Conducting in any fraudulent activities, in particular in connection with content on the Website;
4.3 Sharing or making unauthorized copies of software, videos, audios, documents, music, images and other content;
4.4 Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions;
4.5 Using unauthorized software designed to modify or otherwise inappropriately use the Website or any part of it;
4.6 Gaining unauthorized access to any of our or third-party service providers’ computers, hardware, equipment, servers or networks used to support the Website;
4.7 Hosting, intercepting, emulating, reverse engineering any part of the Website or redirecting the communication protocols used as part of the Website, regardless of the method used to do so (unless explicitly permitted under applicable law);
4.8 Using or propagating computer viruses, worms, Trojan horses, trap door programs or any other malware whatsoever
4.9 Merz offers Users the opportunity to rate the videos available on the Website. For this purpose, there are 5 stars above the video, which can be clicked on accordingly (1 star = I Don't like it / 5 stars = I like it very much). The rating that a User makes for a video in his account is permanently displayed in his account and can be changed at any time. Merz saves the ratings made for the video in order to create an overall rating for the video. A storage/evaluation of the user's data is not carried out..
5. Third-Party Content
The Website may contain links to websites of Merz Group and/or of other third-party entities or may offer access to third party content of Merz Group and/or of other third parties. We assume no liability in this respect.
6. Limitation of Liability
6.1 We are liable in accordance with statutory law (a) for damages arising as result of an injury to life, limb and/or health; (b) in case of intent; (c) in case of gross negligence; and/or (d) in case we are in breach of the requirements of the German Product Liability Act.
6.2 Without limiting the liability under section 6.1 above, the following applies: We may only be liable for slight negligence in cases of a breach of a “material” contractual obligation hereunder. “Material” obligations in this sense are obligations that are necessary for the fulfilment of this agreement, the breach of which would jeopardize the purpose of the agreement and the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases we shall not be liable for slight negligence.
7. Termination of the Access
7.1 Registered Users can terminate their Access at any time by sending an email to medicalforum@merz.de or sending a letter to Merz Aesthetics GmbH, Global Medical Education, Eckenheimer Landstrasse 100, 60318 Frankfurt Germany.
7.2 We are entitled to terminate your Access immediately at any time if we identify breaches of our terms of use by you, in all other cases by giving one month notice.
7.3 We may terminate your Access, at any time, without notice if you breach the terms of these Terms of Use. In case of minor breaches, we will provide you with a prior warning outlining your non-compliance and give you an opportunity to remedy this. However, if your behavior is unacceptable, we are is not required to provide you with such prior warning. Behavior is considered unacceptable in particular in case of serious violations of sections 2.1, 2.2, 2.3, 2.4 and 3 of these Terms of Use.
8. Change of Terms of Use
A current version of these Terms of Use will always be available on the Website, identified at the top of the page by its effective date. We may change these Terms of Use at any time. In the event of changes, you will be asked to agree to the changed terms of use the next time you log in. If no consent is given, we reserve the right to exclude the registered user from using the website. .
9. Miscellaneous
This Terms of Use contain the entire understanding of the Parties with respect to the matters contained herein. In the event of any provisions of this Terms of Use being or becoming ineffective or of any omission being discovered, the validity of the remaining provisions shall not thereby be affected. In place of the ineffective provisions or for the purpose of rectifying the omission a reasonable arrangement shall operate being the nearest legally possible approach to that which the Parties hereto desired or would have desired in consideration of the spirit and object of this Terms of Use had they considered the point. The Parties agree that in case of any inconsistencies or differences, regarding the interpretation of any term or wording in this Terms of Use the interpretation according to the German meaning shall prevail.
10. Applicable Law
This Terms of Use shall be governed by and construed in accordance with the laws of Germany excluding the UN Sales Convention on Contracts for the International Sale of Goods and without reference to conflict of laws principles. The venue for all disputes arising from this Terms of Use shall be Frankfurt am Main, Germany.
