Terms and Conditions of Use of Website, Forum and Online Shop
Preamble
The Dental Campus Association (DCA) has licensed the rights from Digital Dental Life AG to provide the Dental Campus website, online shop and portal for dentists.
The following general terms and conditions of use apply to all services offered and rendered on the Dental Campus portal and on all associated domains:
In addition, the respective terms and conditions of use and/or terms and conditions apply to the forum and the online shop.
The general terms and conditions of use set out below apply to all users of this website, its sub-pages and to other forms of use. Exceptions to this provision apply only to the extent that they have been confirmed in writing by Dental Campus Association before use.
Services
Dental Campus Association offers users a page with information on dental treatments, diagnoses and therapy options. The offer is exclusively intended for dentists with a university degree, dental technicians who have completed their professional training as well as students currently studying dentistry at a university, insofar as that they use this offer on behalf of dentists with a university degree or of their institute and/or the chair they belong to.
Additional features include a discussion forum as well as an online shop where online products can be obtained. The relevant terms and conditions are available via the links specified in Section 5.
Copyright
The contents offered on the Dental Campus website are protected by copyright. Use is subject to the applicable copyright laws. This website may not be modified, copied, re-released, transmitted, disseminated or stored, except with the consent of the Dental Campus Association. The material must only be used for private, non-commercial purposes, and under strict adherence to copyright laws.
A simple non-exclusive and non-transferable license, which is restricted to a one-time download and storage, will be issued specifically for software, directories, data and their content provided by Dental Campus Association for download. All additional rights remain with the Dental Campus Association. In particular, the sale and any kind of commercial use is prohibited.
Any other use, in particular, the reproduction, dissemination, transmission or displaying of the content of this website, is strictly prohibited, unless authorised by Dental Campus Association. In addition, users agree not to change or delete any proprietary notices from materials downloaded from this website.
Unless expressly stated otherwise, all trademarks, service marks and trade names of Dental Campus Association and/or its affiliates or subsidiaries, which are used in connection with this website, are trademarks or registered trademarks of Digital Dental Life AG and/or of its affiliates.
Additional Terms and Conditions of Business and Use
For specific content and services of Dental Campus Association further terms and conditions of use apply.
The terms and conditions for using the forum and the general terms and conditions of the online shop can be found in the text below.:
Changes to the Terms and Conditions of Use
Dental Campus Association reserves the right to change the terms and conditions of use at any time. There will be no express notification regarding the changes of the terms and conditions of use. The terms and conditions of use should be periodically checked for changes.
Final Clause
- These terms and conditions of use and the entire legal relations between users and Dental Campus Association are exclusively subject to the laws of the Federal Republic of Germany. The application of the German International Private Law and the UN Sales Convention is excluded.
- Where the user is not a consumer, Zurich/Switzerland is the place of jurisdiction for legal disputes arising from, or in connection with, this agreement. Where the user is not a consumer, Zurich/Switzerland is also the place of performance for all rights and obligations arising from the contractual relationships with the user.
- Should individual provisions of these terms and conditions of use be or become invalid, the validity of the remaining terms and conditions of use is not affected.
- Oral agreements do not exist.
- The terms and conditions of use apply exclusively in their German version. The English version merely serves the purpose of communication.
Terms and Conditions of Use of the Forum
Dental Campus Association offers users of the Dental Campus portal, currently available at
www.dental-campus.com
to participate in a forum. The offer is exclusively intended for persons who are not consumers within the meaning of Section 13 of the German Civil Code.
This participation is governed by the following provisions.
Registration
- In order to participate in the forum, users must register and during the registration process agree to these provisions by ticking the appropriate box. Registration is free of charge. For registration, Dental Campus Association requires a valid email-address and the full name of the user.
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Registration is restricted to persons who are at least 18 years of age, have full legal capacity and are dentists with a university degree and/or dental technicians who have completed their professional training and/or for students currently studying dentistry at a university, insofar as they use the forum on behalf of dentists with a university degree or of their institute and/or the chair they belong to.
After registration, users must enter the following additional information to their profile, or answer the following questions:
- Where did you study? Alternatively: Where did you train as a dental technician?
- When did you complete his/her studies and/or professional training?
- What function do you perform?
- Where do you live, or where do you practise?
In addition, users must add a current photograph to their profile, to which they hold the rights necessary for publication on the portal. Users transfer the rights to the publication of the photograph to Dental Campus Association and Dental Life AG.
Users may at any time restrict the visibility of their profiles for others.
- Upon registration, users are asked to choose a secure password. They are obliged to keep their password secret and not to pass it on to third parties. In this context, Dental Campus Association and Dental Life AG point out that it will not at any time, neither via phone nor via email, ask users for their password.
- The registration is completed via a confirmation link or when the confirmation code is entered. This link or key will be sent in a confirmation email to the address entered by the user upon registration. The usage contract becomes effective once the confirmation link has been confirmed.
- Where the registration is not fully completed, Dental Campus Association reserves the right to delete the incompletely registered account, including all information already entered.
- Users are not deemed entitled to have a right to participate in the forum. Dental Campus Association reserves the right to deny participation without reasons.
- Dental Campus Association cannot accept any responsibility or liability for the actual identity of users; users have to verify the identity of other users themselves. However, in order to verify the information provided, Dental Campus Association reserves the right to request the relevant evidence of identity and of a university degree in dentistry and/or of the completion of training as a dental technician and/or proof that students were commissioned to use the forum by dentists, by an institute or a chair. Where the relevant evidence is not provided within the period determined by Dental Campus Association, or where such evidence is incorrect, Dental Campus Association will delete the respective users.
Subject of Use/Publication
- Upon successful completion of the registration, users may use the forum via the login feature.
- Users are prohibited to pass themselves off as different persons, for example, as employees, database operators or representatives Dental Campus Association and Digital Dental Life AG or of another licensee or as another member or another visitor to the site.
- For the purposes of participating in the forum, users are free to express their views about specific issues or to enter other texts and information. In addition, users have the opportunity to upload videos and pictures. All this information will be made available to other users. Users expressly agree that such information will be disclosed.
- To the extent that pictures and videos interfere with the rights of patients, users declare that a corresponding declaration of the patient's consent exists. On request, the declaration of consent must be submitted to Dental Campus Association.
Rules of Conduct
- Users guarantee that their contributions to the forum do not violate any legal provisions. In particular, they guarantee not to publish pornographic, obscene, defamatory, libellous, abusive, threatening, inflammatory or racist content, information, software or other material. Copyright and similar third-party intellectual property rights must also be observed.
- Users are responsible for all contents (such as texts, pictures, videos, graphics and links) published and distributed by them on or in the forum. Users ensure, and guarantee Dental Campus Association, that they own all the rights of use with regard to the contents and works that are necessary for publication on the Dental Campus portal.
- Users made aware by Dental Campus Association of potentially critical contents in their profile will immediately remove such critical contents. Users can at any time remove any content they have entered to their profiles themselves.
- Users undertake to take into account the interests and rights of other users and not to violate the rights of third parties. Without permission from the copyright owner, it is forbidden to transfer information, software or other material that violate or affect rights of third parties.
- It is forbidden to transfer information, software or other material containing viruses, errors, manipulations or similar harmful elements.
- Users guarantee that they will not restrict or deny other users' free access to the forum.
- Any infringement of the rules of conduct hereunder will imply the immediate exclusion from the forum. Dental Campus Association reserves the right to take further legal action.
- Dental Campus Association further reserves the right to delete information, contents, software or other material in violation of the rules of conduct.
- The forum offered on the Dental Campus website must not be used for the purposes of advertising and other commercial purposes without the approval of the Dental Campus Association. The forum and its services may be used exclusively for professional purposes. Further, contents published by other users may not be copied, disseminated or otherwise made available to the public.
- Users must not upload commercial content on the website or use the website to solicit others to join or become members of any other commercial online service or any other organisation.
- Users undertake to report violations of the general terms and conditions and of the rules of conduct to Dental Campus Association via the respective features provided by Dental Campus Association.
Termination
- Users have the right to terminate their membership at any time without giving any reasons and without notice.
- Also Dental Campus Association may terminate the usage contract with users at any time with a notice period of fourteen days, to take effect in the middle or at the end of the month. The right to terminate for cause, in the event of violation of these terms and conditions, the rules of conduct or other legal provisions remains unaffected.
Messages
Dental Campus Association may send messages to you via email or a general notice on the website or by other reliable methods, using the address which you submitted to Dental Campus Association.
Liability
Any further compensation claims of Dental Campus Association remain unaffected.
Dental Campus Association - Final Clauses
- Dental Campus Association reserves the right to amend these terms and conditions of use at any time without notice. The user is deemed to have given his/her consent to the change if he/she does not object to it in via email within a period of 14 days from notification of the change. In the event of objection Dental Campus Association reserves the right to terminate this agreement in accordance with Section 4 (2) above.
- These terms and conditions of use of the forum and the entire legal relations between users and Dental Campus Association are exclusively subject to the laws of the Federal Republic of Germany. The application of the German International Private Law and the UN Sales Convention (CISG) is excluded.
- Where the user is not a consumer, Zurich in Switzerland is the place of jurisdiction for legal disputes arising from, or in connection with, this agreement. Where the user is not a consumer, Zurich in Switzerland is also the place of performance for all rights and obligations arising from the contractual relationships with the user.
- Should individual provisions of these terms and conditions of use be or become invalid, the validity of the remaining terms and conditions of use is not affected.
- Oral agreements do not exist.
- The terms and conditions of use apply exclusively in their German version. The English version merely serves the purpose of communication.
General Terms and Conditions of the Online Shop
General Terms and Conditions - Scope
All distance selling agreements concluded Dental Campus Association on the product range of the online shop, currently available on the Dental Campus portal at
www.dental-campus.com are exclusively governed by the present general terms and conditions. The offer is exclusively intended for persons who are not consumers within the meaning of Section 13 of the German Civil Code.
Object of Agreement
- The object of the agreement is the acquisition of rights of use for specific content from the product range offered in the online shop. The scope of each particolar right of use is specified in the product or service description of the product.
Effective Conclusion of the Agreement
- The customer logs in to their account generated in the online store. In order to do so, the customer must complete a once-off registration in the online shop.
- The offer is deemed to have been accepted by the customer once the specific content in question has been made available for reading and examination purposes on the screen, without the possibility of permanent local storage on the customer's computer.
The exclusive language of the agreement is German.
Ordering Process
The customer can select specific contents from the online shop and add them to his cart by using the “Add to cart” button. When clicking on the button “Proceed to checkout”, the customer will receive an overview of the selected products. The customer enters the data necessary for the conclusion of the agreement into the subsequent input masks, either specifying a voucher code or arranging for payment via Paypal. Prior to placing the order, an overview window opens up where the customer can check their data and, if necessary, correct them. After the customer has accepted these general terms and conditions by ticking the appropriate box, they can send their order. Only by clicking on the button “Buy”, the customer places a binding purchase order that is submitted to Digital Dental Life AG.
Parties to the Agreement
The customer's trade partner is Dental Campus Association, Englischviertelstrasse 32, CH-8032 Zurich, Switzerland, represented by Florian Schober.
Information on the Right of Withdrawal
The right of withdrawal does not exist in the case of distance selling agreements on the supply of goods which by their nature are not suitable for return, such as downloads of audio files, eBooks or software (Section 312d, 4(2) of the German Civil Code) as well as audio and video recordings or software, if the media delivered have been unsealed by the customer.
Termination conditions for subscriptions, if required, will be explained directly on the purchase page.
Terms and Conditions of Use of Online Specific Content
- Where an agreement is concluded on the use of specific content from the online shop, the customer is granted a simple, non-transferable right to use this content, which is revocable until full payment of the license fee. The customer has no ownership of the physical products.
- The customer may use the content only for private purposes within the legally defined terms. There are no exploitation rights (such as distribution or dissemination) for commercial purposes. The local storage of online specific content is not allowed.
- The customer is not entitled to any rights, in particular copyrights. These are exclusively owned by Dental Campus Association and its authors and licensers, as the case may be. The customer may neither change nor re-edit the content of the products, unless the law allows such a change.
- In the case of individual products the use of rights may be limited beyond the terms and conditions of use applicable here. The customer will be informed of any further restrictions before concluding the purchasing process, such as, for instance, in the information on system requirements provided on the respective product page. By opening the respective product page for display on the screen, the customer also accepts these limited terms and conditions of use.
Terms of Payment
Unless the customer has a voucher code, all payments will be handled via the PayPal system.
Guarantee
Dental Campus Association makes no representations or warranties regarding the correctness, accuracy, adequacy, usefulness, timeliness and reliability of the relevant topics.
Warranty
- The statutory warranty claims continue to exist without reservation. Contrary to the statutory provisions, warranty claims against entrepreneurs already become statute-barred after one year.
- Dental Campus Association does not assume any further warranties.
Liability
- Claims for damages on the part of the customer are excluded. This does not include claims for damages on the part of the customer resulting from injury to life, physical injury or damage to health or from the infringement of essential contractual obligations (cardinal obligations) as well as the liability for other damages where these have occurred as a result of deliberate acts or gross negligence on the part of Dental Campus Association, its legal representatives or agents. Essential contractual obligations are those whose fulfilment is necessary to fulfil the objectives of the agreement.
- In the event of a breach of fundamental contractual obligations, Dental Campus Association is limited to the contract-typical, foreseeable damage, if this was caused by simple negligence, unless the customer's compensation claims result from injury to life, physical injury or damage to health.
- The restrictions specified under (1) and (2) also apply in favour of the legal representatives and agents of Dental Campus Association, if claims are directly asserted against these.
- The provisions of the Product Liability Act remain unaffected.
Pricing Errors
In the event that a product of Dental Campus Association is listed at an incorrect price, Dental Campus Association reserves the right to refuse or cancel any orders listed for the incorrectly listed product. Dental Campus Association reserves the right to reject or cancel any such orders regardless of whether or not such orders have been confirmed.
Final Clauses
- These terms and conditions of use and the entire legal relations between users and Dental Campus Association are exclusively subject to the laws of the Federal Republic of Germany. The application of the German International Private Law and the UN Sales Convention (CISG) is excluded.
- Where the user is not a consumer, Zurich/Switzerland is the place of jurisdiction for legal disputes arising from, or in connection with, this agreement. Where the user is not a consumer, Zurich/Switzerland is also the place of performance for all rights and obligations arising from the contractual relationships with the user.
- Should individual provisions of these terms and conditions of use be or become invalid, the validity of the remaining terms and conditions of use is not affected.
- Oral agreements do not exist.
- The general terms and conditions apply exclusively in their German version. The English version merely serves the purpose of communication.