General terms and conditions
Medicom Medical Publishing House E.g.
F Elias Avenue 5
3742 AR Baarn
In these terms and conditions, the following definitions shall apply:
1. Medicom: Medicom Medical Publishing House E.g., also operating under the name Medilearn.nl.
2. customer: the customer by Medicom.
3. “consumer” means a customer who is not acting in the exercise of a profession or business.
4. Subscription: an agreement between Medicom and customer where the customer access to the products of Medicom as indicated in the agreement.
5. User: the one on the smartcard and the entry by customer as a user, by means of a strictly personal login details access one or more of the products by Medicom.
6. Login details: the unique combination of a user name and a password or other identification, either provided by Medicom either created by the customer, with which access can be gained to the online Products and websites of Medicom.
7. Products: all digital and non-digital services, subscriptions, and other products that Medicom offers, including CPD Online, the various magazines of Medicom and other products by Medicom.
Article 2. Formation of contracts
1. Subscriptions are entered into for specified period and may be terminated with a notice period of 1 month. Other agreements may not be cancelled unless Medicom thus written consent.
2. b way of derogation from the previous paragraph, a consumer has the right to an agreement through fax, telephone or over the internet has been established within 7 working days after receipt of the delivered products, by means of a written notification. This does not apply to products or services in accordance with established specifications of Customer or consumer.
3. within 7 working days after the dissolution in accordance with the previous paragraph, Consumers must, on their own account and risk, to return the products delivered to Medicom on it in article 16 of these terms and conditions mentioned address. The price paid will, within 30 days after the dissolution to be reimbursed, provided that the Consumer is returned undamaged delivered.
Article 3. Applicability
1. these general conditions apply to all agreements between Medicom and any third party, as well as on all offers, quotations, deliveries of goods and/or products. Deviations from and additions to these general terms and conditions are valid only if expressly agreed in writing.
2. Applicability of any purchase or other conditions of Customer is explicitly rejected.
Article 4. Execution of the contract and delivery
1. Unless otherwise stated shall be delivery of goods by mail. The risk shall pass by Medicom on Customer at the time of shipment.
2. Medicom will strive to the delivery and other periods mentioned mentioned by him as much as possible. These terms, however, can never be regarded as a deadline. If a delivery period is exceeded because Medicom has not received the information referred to above or this found to be incorrect, Medicom has the right to suspend the execution of the agreement and/or the additional resulting from the delay costs according to the usual rates to Customer at Medicom.
3. Medicom shall not be liable for damage of whatever nature caused by the fact that Medicom is assumed to be incorrect and/or incomplete data provided by customer, unless such error or omission for her should have been aware of.
Article 5. Prices and payment
1. If there is an agreement to pay periodic maturing amounts by customer, Medicom is entitled, by written notification, the applicable prices and tariffs. The price change will not earlier than three months after the written notice.
2. Consumers who do not agree with any Medicom expressed by adjustment of prices and rates referred to in paragraph 1 shall be entitled, within 7 working days after the notification referred to in the agreement in writing to say to the date on which Enter change or cancel the agreement.
3. unless the invoice mentions other payment terms, the payments will be made within 30 days of the invoice date on the indicated account number by Medicom. The value date is indicated on the account statements of Medicom is classed as date of payment.
4. payments made by the customer in the first place to pay any interest and costs, and after full payment thereof, for payment of the invoices that are open for the longest time, even though the payment customer mentions that This relates to a later invoice.
6. all extrajudicial costs incurred by Medicom be made to to collection of amounts due by Customer or to comply with other obligations of Customer to come, with or without the help of legal or other advisors are to be borne by customer. These costs are set at 15% of the amount due with a minimum of €175.
7. In the event of liquidation, bankruptcy or receivership of customer or if the customer otherwise gives the impression to be insolvent, the progress made by Medicom will be immediately due and payable.
Article 6. Access to and use of (online) products
1. If the agreement between Medicom and customer concerns online products, customer shall for the duration of the agreement a non-exclusive, non-transferable right to access and consultation of the Agreement identified products by Medicom getting on the times that these products are available.
2. Medicom will provide to Customer login details whereby one or more users access the Products covered by the contract. Use the login data is strictly personal and shall be carried out under the responsibility and at the expense and risk of the customer. Customer undertakes to Medicom the obligations under these general terms and conditions to be imposed on the designated users.
3. it is not allowed to the User, Customer or account information to third parties or use by third parties, nor to the Product by third parties. Customer shall in all cases be liable for unauthorized use of the login details by this third n and is per detected case of unauthorized usage to Medicom a penalty per violation and €150 of €800 per day that the violation continues , without prejudice to the right of Medicom to compensation of the damage suffered by her in reality and/or to terminate the agreement with immediate effect.
4. If Medicom suspects that there has been unauthorised use by third parties, as referred to above, she is entitled without prior announcement a control them with customer from to, to which Customer should provide all cooperation.
5. Medicom is entitled in its equipment, software and products changes, including rules about access times, identification procedures, type of equipment, and adding or omitting information to or from products, as well as the access to the products to close at times that maintenance and repair work is carried out.
Article 7. Retention of title
1. all goods delivered to the customer remain the property of Medicom until all amounts owed by customer to Medicom (including interest and costs) fully to Medicom are met.
Article 8. Quality of the products
1. Medicom will execute the agreement to the best knowledge and ability without a result commitment.
2. The products of Medicom are particularly intended for medical professionals who have the knowledge that is required for the use of the products by Medicom. This is the reason why to obtain login details for the online Products an entry in the BIG-register is needed. The products are suitable for the consumer and to a lesser extent Medicom advises consumers who are still aware of the products of Medicom to not without medical assistance using the information he/she obtains through the products.
3. in the case of complaints about non-online products, in particular on a delivered item, shall within 7 days after discovery or after it reasonably could have been discovered, but at all events within two months after the delivery, must be submitted in writing at Medicom. If in the opinion of the subject of the complaint is timely and rightly, Medicom Medicom will restore the default choice to own, deliver a replacement product or refund the purchase wicker. The complaint will not be taken into account if customer himself in the fulfilment of its obligations towards the customer, the defect Medicom knew for delivery, the product is modified after delivery or the defect is caused by another circumstance that occurred after the delivery. For a consumer, these rights without prejudice to the other rights to forward him on the basis of the Civil Code concerning the sale of a movable property.
4. For the (online) products of Medicom, these are delivered based on the information available at the time of delivery that often comes from third parties. Although Medicom is doing its best to avoid this and great care exercised in the processing and composition of information provided on the website (s) or via Products is published, it is possible that this information may be incomplete or out of date, or that This contains inaccuracies or errors. Information that is critical for Customer or Users should always to be verified for accuracy by customer. Use of the website and (on-line) products by Medicom happens therefore exclusively for own risk of the user, and Medicom makes no warranties regarding the use, validity, accuracy or reliability of the website or Products or information published there.
5. If on the website of Medicom, reference is made to other websites through a hyperlink, these references for the convenience of the visitor. MEDICOM is not responsible for the content of the websites referred to. In addition, it cannot be inferred from a reference that Medicom is linked to the other website or its content.
6. Medicom is also not guarantee that the website or Products of Medicom continuously available, that the operation will be uninterrupted or error-free, free of viruses, worms off other codes that infectious or destructive properties can exhibit. User is responsible for the protection of its own equipment and software by (recent) anti-virus programs to install and use and, for example, to make backup copy referred to in article 12.
Article 9. Complaints procedure
1. If the behaviour of Medicom leads to a Customer’s complaint, the latter may apply to the Board of Directors. The complaint must be submitted in writing to the Executive Board of Medicom Medical Publishing House E.g., for address see chapeau of these general provisions. Or by email to firstname.lastname@example.org.
Article 10. Protection Customer
1. Customer indemnifies Medicom against all claims of third parties as far as damage resulting from non-compliance by customer of these terms and conditions or other rules by Medicom. Also, customer is obliged all damage that Medicom in such a case to reimburse suffers, including damage to the good name and reputation of Medicom.
Article 11. Limitation of liability
1. unless otherwise provided in these general conditions is Medicom not liable for damages resulting from a failure from an agreement with customer, including falls damage resulting from the use of (or inability to use) of the customers or products of Medicom, or of the information obtained.
2. If Medicom despite the foregoing can be held liable, then she is not liable for indirect damages or consequential damages, including lost profits or trading losses, and damages arising from personal injury suffered by third parties.
3. without prejudice to the preceding provisions the liability to Customer is limited to the invoice value of (the part of) the agreement from which the liability arises or, if less, the amount set out in the relevant commercial liability insurer of Medicom is covered by the case and shall be paid.
4. Condition for any right to compensation is in each case that Customer the damage as soon as possible after it occurs in writing to Medicom reports. The right to any compensation expires in any event if the damage does not, at the latest, within one month after its occurrence, or after the time when Genesis Customer reasonably could have been aware of it, writing to Medicom has been reported. The deadline for reporting damage to consumers within two months.
Article 12. Force majeure
1. in these terms and conditions, force majeure shall mean any of the likes of Medicom independent circumstance, even though it was this circumstance at the time of the conclusion of the agreement already, making Medicom unable is her obligations (in whole or in part). Below include: fire, accidents, import-export restrictions, riots, severe disturbances in the company of Medicom such as strikes, blockades, excessive absenteeism, internet failures, as well as the impossibility to come due of shortcomings of Medicoms by Medicom Medicom enabled in performance of the contract or by persons or products.
2. Are the obligations of Medicom suspended. If the period of the obligations is not possible by Medicom lasts longer than 30 days, both parties are entitled to dissolve the agreement without any obligation to pay compensation.
3. If at the time of the commencement of force majeure Medicom part of its obligations have been fulfilled, or only partially to her obligations is they shall be entitled to invoice separately executable part or already carried out and is Customer is obliged to pay this invoice as if it were a separate contract. This shall not apply, however, if the executable part or already carried out have no independent value.
Article 13. Rights of intellectual or industrial property
1. all rights of intellectual or industrial property (including, but not limited to, patent rights, trademark rights, copyrights, design rights, know-how, database rights and exclusive licenses) on all developed under the agreement or software, equipment, software and products, be based exclusively at Medicom or its licensors.
2. Customer shall receive only the usage rights and powers that came with him in the
agreement or otherwise expressly granted. This right of use cannot be classified as an express or implied license to publication, reproduction, operation or provision to third parties, in any form, including whether or not to integrate in after operation networks or display on multiple monitors or otherwise.
3. As far as the client software makes available, Medicom Customer to back up one which may be used only to protect against involuntary loss of possession or damage.
4. the Customer is not allowed any indications regarding copyrights, trademarks, trade names or other intellectual or industrial property rights from the software, equipment, products or other materials to remove or modify.
5. Customer will forthwith in writing inform her well-known Medicom infringements of rights of intellectual or industrial property of Medicom and Customer-friendly against legal actions and the existence and content of the judicial procedure and the handling of the case, including the taking of any settlements, entirely leave it to Medicom. Customer will make the necessary powers of Attorney, information and cooperation to Medicom provide, if necessary, customer name, and claims to defend against this. This indemnification obligation shall be extinguished if and to the extent that the relevant infringement related to changes in the software, equipment or materials that customer has made or by third parties.
6. If in no doubt that the final straight by Medicom self-developed software, equipment or materials infringe any right belonging to a third party of intellectual or industrial property or if in the opinion of Medicom a good chance exists that such a breach occurs, Medicom the delivered against crediting the acquisition costs minus a reasonable user, or that Customer the delivered goods, or functional equivalent other software, equipment or materials, can continue to use undisturbed.
7. Any other or further liability or safeguard obligation of Medicom for violation of rights of intellectual or industrial property of third parties is excluded, including liability and safeguard obligations of Medicom to breaches caused by the use of the delivered equipment, software and/or materials in a modified form, not by Medicom in conjunction with not supplied or provided by Medicom business or software or in a manner different from that for which the equipment, software and/or materials developed or intended.
Article 14. Secrecy
1. Parties are required to maintain the confidentiality of all confidential information received in the framework of their agreement from each other or from another source. Information shall be considered to be confidential if the other party has indicated so or if this results from the nature of the information. That applies in any case for information that becomes known to him through the Customer software, equipment, software, products, and other materials. Customer undertakes to disclose this information to third parties or in use, and only use it for the purpose for which it made available to him.
Article 15. Suspension and dissolution
1. If one or more of its obligations towards Customer does not fulfil, or Medicom Medicom fears that the Customer will not fulfil its obligations, the bankruptcy of the customer, Customer requests suspension of payments or participation in the Natural persons requesting debt restructuring arrangement, proceeds to liquidation or dissolution (voluntarily or not) of his company, his company comes to lie quiet otherwise, seizure of part of his assets and/or a payment arrangement with one or more of its creditors, or otherwise gives the impression to be insolvent, Medicom shall be entitled to (i) its obligations to customer, on whatever account, suspend until its obligations to Customer MEDICOM has failed completely, and/or (ii) to terminate the contract in whole or in part, in both cases without legal intervention, by means of a written declaration without having to be liable to Customer in any way towards for damages, costs and interest, and this notwithstanding the right of Medicom to complete to claim damages. Amounts that Medicom before the rescission in connection with what he already has done or delivered in performance of the contract, taking into account the foregoing without prejudice to due and at the time of the dissolution immediately due and payable.
Article 16. Privacy
1. The personal data of customer that he/she mentions at the conclusion of the contract are processed in a single registration. This registration will carry out the agreement and the Medicom maintain records. Moreover, Medicom Customer regularly with up-to- date information and possible discounts for products. If customer no draw up price he can express this by means of a written communication to Medicom on the address referred to in article 16, or by email to email@example.com.
Article 17. Other provisions
1. Medicom can its rights and obligations towards the customer to a third party, of which Medicom will inform customer in writing. If the consumer does not wish to agree, he has the right to terminate the contract within 7 working days after the date of notification in writing.
2. These general conditions are drawn up in the Dutch language. In a case of difference in interpretation between the Dutch text or version and any translation thereof, the English version will always prevail.
3. The relatively competent court is the Court in Utrecht, unless Medicom chooses bringing actins before the Court of the residence of the customer. On each commitment between Medicom and customer is Dutch law is applicable, with the exception of the United Nations Convention on contracts for the international sale of goods.