General Terms and Conditions of Use for the DMG Partner Portal & ONLINE ACADEMY
General Terms and Conditions of Use for the DMG Partner Portal
DMG Chemisch-Pharmazeutische Fabrik GmbH ("DMG") shall offer, on its website, the internet service DMG Partner Portal (the "Portal").
The following terms and conditions shall govern use of the Portal.
To the extent that from the Portal any applications of DMG or any entities affiliated therewith [affiliates] are referred to, contracts already in existence may apply (inter alia, terms and conditions of use for the Online Academy, non-disclosure agreements, terms and conditions of purchase) which contracts shall, in the event of any contradictions, take precedence over these provisions.
II. Services offered
The DMG Partner Portal provides a protected area, for which admittance shall be necessary. After a successful log-in, a basic offer is available to the registered partners, as well as a particular offer of information and applications.
III. Organizational and technical prerequisites for access
1. Accessing non-public pages of the Portal shall be restricted to persons who have registered for the Portal and who observe the following terms and conditions of use.
2. The user has to log in at the commencement of each use (session). The requisite access data (user name and initial password) shall be assigned to the user as part of the registration. The user shall be obligated to keep secret the password assigned to him/her and neither to transfer the password or access to a third party or to permit a third party to log in with the user's own log-in data.
3. DMG shall reserve the right to refuse, in whole or in part, registration or log-in requests and to subsequently withhold access rights (blocking users).
4. The current technical prerequisites for access shall be determined exclusively by DMG; DMG shall, at any time, be able to alter the content of the Portal. In addition, DMG does not provide any guarantee for the accessibility of the Portal and its offers; furthermore, nor does DMG declare that the Portal is usable for the user's own purposes. DMG reserves the right to make errors in the description of products, content, and messages, and does not guarantee that they shall accord with actual results, insofar as these are not expressly confirmed to the user by DMG in writing.
5. DMG shall have the right to establish the duration and scope of the user's specific access rights and the general scope of services of the services offered as part of the Portal. Both the user and DMG shall be able to terminate the use relationship at any time.
IV. User's duty of care
1. The access rights shall be issued in a personalized manner. The user shall have to ensure that no unauthorized third party obtains knowledge of his/her password. If the user ascertains that an unauthorized third party has succeeded in obtaining the user's password, or if there is suspicion of an improper use of his/her access data, then the user shall have to change his/her password without undue delay. If there is no opportunity to do so, then the user shall have to inform DMG hereof without undue delay.
2. Moreover, the user shall be obligated to inform DMG if the basis for granting the access right is inapplicable, e.g., upon the end of the business relationship at a partner entity or upon a premature end of the order-based relationship arising between DMG or with its affiliates and the partner entity.In the event of any violation of these provisions, including, but not limited to, misuse of the personalized access data, DMG shall reserve the right to block the right of access and to undertake additional legal measures.
3. The user shall be further obligated to refrain from all activities which could lead to destruction or manipulation of DMG's databases or the it systems of DMG or its affiliates or partner entities determined by DMG, by it or third parties.
V. Non-disclosure, information protection, data protection
Irrespective of any other existing statutory or contractual obligations concerning confidentiality and non-disclosure, the following shall apply, unrestricted temporally and, by extension, beyond the end of the use relationship:
The user shall be obligated to treat confidentially all knowledge concerning business secrets, which knowledge has been obtained as part of the user relationship.
All information necessitating protection, which is obtained to the knowledge of and by the user with use of the Portal, must be secured against unauthorized parties taking any notice thereof.
DMG shall observe the internationally recognized standards for data protection. You can find specific details concerning this in the data protection declaration for the Portal under Legal Notice for Portal Data Protection (Datenschutzrechtlicher Hinweis zum Portal).
The Portal is operated using all due care. Notwithstanding such, no warranty can be assumed for the Portal's availability or for the flawlessness and accuracy of the information contained therein. Any liability for damages that arise directly or indirectly from the use or the inability to use the Portal shall be precluded, insofar as such is not based upon willful intent (Vorsatz) or gross negligence.
To the extent that websites operated by third parties are referred to by the Portal, DMG shall assume no responsibility for their content.
VII. Trademark signs and copyrights
1. All trademark signs used as part of the Portal are protected under trademark law to the benefit of DMG or of its parent company, Mühlbauer Technology GmbH. This applies especially, but not solely, to trademarks, type designations (Typenbezeichnungen), and the claim "Dental Milestones Guaranteed."The intellectual property contained in the Portal, such as trademarks and copyrights, is protected. Use rights are granted insofar and as long as such is required for proper use of the Portal. Moreover, no license or use of the intellectual property of dng or of their affiliates or third parties may be issued. (For exceptions, see under 3.)
2. Texts, images, graphics, sound, animation, and videos, as well as their arrangement in the Portal shall be subject to copyright law and other protective rights. Use rights shall be granted only insofar and as long as such is required for proper use of the Portal. Moreover, the content of this website may not be copied, disseminated, changed, or made accessible to third parties for commercial purposes. Images contained on the websites can be subject to the copyright of third parties.
3. Insofar as the user would like to use photos and images of DMG products or insofar as these are in connection with the DMG products, etc., for its commercial purposes and in fact exclusively for the sale of DMG products, a limited license, i.e., a permission to use, shall be issued as follows:
The permission for the publication shall encompass only the right of a use for the purpose of advertising, distribution, and offering DMG products. This right shall encompass the use of the photographs as part of the prescribed purpose in catalogs, advertising media, advertisements, trade fairs, digital dissemination (internet, cable, etc.), and advertising materials of all kinds (flyers). Any other use shall not be permitted and shall always require the prior approval by DMG.
The publication permission granted shall not encompass the right to rework and/or otherwise change the photographs; any sharing of the rights with third persons (sublicensing) shall not be permitted and shall always require the prior consent of DMG.
4. The right to publish the photographs shall be restricted; a use right exists only as long as the distribution of DMG products by the user is carried on with permission of DMG and the business connection with DMG is not interrupted.
5. Notwithstanding the aforementioned use period, the user shall accept the right of DMG, that upon initial request it can again deny the use/publication of the transferred photographs. In this event, all rights granted shall revert to DMG. DMG shall reserve this right in particular for the event that third parties raise claims in the photographs.
VIII. Final provisions
If any amendments to these General Terms and Conditions of Use become necessary, then DMG shall inform the user hereof and shall offer to continue the use relationship at the amended terms and conditions. If the user refuses the amendment, then DMG shall terminate the use relationship and shall delete the existing access rights.
Should a provision of these General Terms and Conditions of use be or become ineffective, then such shall be without prejudice to the remaining validity of these General Terms and Conditions. DMG and the partner entity shall be obligated as part of what is reasonable in good faith to replace the ineffective provision by a lawful provision matching in its economic success, insofar as no material change to the contents is brought about by it.
The provisions of these Terms and Conditions as well as the legal relationships of the parties shall be subject to German law. The place of performance and the exclusive venue for any and all disputes that result from or in connection with these General Terms and Conditions of Use shall be Hamburg, Germany.
Terms and Conditions of Use ONLINE ACADEMY
DMG Chemisch-Pharmazeutische Fabrik GmbH, Hamburg ("DMG")
and C o n s e n t D e c l a r a t i o n
of the User of the O N L I N E A C A D E M Y to transfer user-related and personal data to third parties for purposes of researches into promotion and user behavior.
With the DMG Online Academy, DMG is making available a comprehensive offer to support continuing education in the DMG product area, and is directing such towards customers, sales agents, and trading partners of DMG.
Access to and use of the web portal, as a learning management system (the DMG online academy, (the "DMG Academy")) shall be subject exclusively to the following contractual terms and conditions of use. With the retrieval and with successful log-in on the websites of DMG Academy, the following Terms and Conditions of Use are acknowledged in their entirety and a contractual relationship is established between DMG and the user concerning the use of the DMG Academy, which relationship shall exist under the following terms and conditions.
I. Acknowledgment of Terms and Conditions of Use
Without consent to the Terms and Conditions of Use of the DMG Academy websites, there shall be no authorization to use the content and the offerings of the DMG Academy and no right to log in there. DMG therefore reserves the right to modify the site at any time or to disable access. Any disabling of access of a user shall be deemed as a notice of termination of the contractual relationship for use of the DMG Academy. The Terms and Conditions of Use between the user and DMG shall be able to be modified at any time, provided that a written agreement is reached between the parties pertaining to such.
II. Purpose of use
1. Any use of the content, both online and offline, shall be allowed solely within the parameters of these Terms and Conditions of Use. The personally issued access (log-in) for said user shall be allowed to be used only by the user for whom it is intended or by an expressly intended person.
The user shall be obligated to keep the user name and password secret and to protect them against any misuse by third parties. The user shall be responsible for any activities occurring beyond his/her access right. The user shall be solely responsible for possessing the technical prerequisites for secure use of DMG Academy, i.e., the user shall use an up-to-date virus scanner or other electronic software to defend against attacks from hacking and/or viruses.
2. All services of the DMG Academy shall be made available without assurances or guarantees. Each user of the services shall bear the full responsibility for his/her activities within the DMG Academy and the services appurtenant thereto.
3. As operator of the DMG Academy, DMB shall undertake every effort to regularly review all links to external internet offers to ensure that they meet legal requirements. The users shall be obligated to comply with legal provisions and regulations including, but not limited to, refraining from violating the laws of the Federal Republic of Germany. Particularly but not solely prohibited shall be publishing, transmitting, or disseminating content and/or utterances that are illegal, including, but not limited to, such having content that is (i) insulting, (ii) glorifying of violence, (iii) discriminatory, or (iv) extremist.
Also prohibited shall be the use of offensive content, descriptions containing double entendres, and other depictions the illegality of which is conjectured but cannot be conclusively determined. Users of the DMG Academy shall be obligated to report without undue delay any violations of law by other persons.
4. All services of DMG Academy as well as all content-including, but not limited to, the images, graphics, and texts published here-are copyright protected.DMG shall allow the user to download this content of the DMG Academy (text contents, images, source codes of the websites) exclusively for the purposes of continuing education in the DMG product area, for the period of time as registered user and to use such for his/her personal use. In so doing, this content may not be modified without the prior approval of DMG in any manner, nor reproduced for other (e.g., commercial) purpose, nor processed nor shown by publication, presented, disseminated, or otherwise used. A (digital) copy of the texts and of the photos for the user's private purposes shall be allowed, but the publishing of these copies on the internet (e.g., through Facebook or the like), or the further dissemination and/or transmission to third parties, and every use outside the continuing-education purposes, shall not be allowed. All rights not expressly conceded shall remain reserved.
5. The user is prohibited from posting with the DMG Academy any content (e.g., using links or frames) which violates provisions of law, orders of official authorities, or public morals. Further, the user shall be prohibited from posting content which infringes upon rights including, but not limited to, copyrights or trademark rights of third parties.DMG shall reserve the right to block outside content (i) if it is punishable under applicable laws or (ii) if it cognizably serves as inchoate preparation for overt acts punishable under law.
III. Consent declaration pursuant to data protection law
1. The user shall be in agreement that his/her personal data, e-mail address(es) and telephone number(s), which are produced when using the services of the DMG Academy and the services offered there, shall be collected, processed, and used for implementing the contractual terms. The user confirms that s/he shall use the services of the DMG Academy exclusively under his/her own e-mail address(es). Further, the user is in agreement that his/her personal data, e-mail address(es) and telephone number(s) shall be retrieved, transmitted, used, and processed for purposes of customer support and inquiries, and customer information personally customized to the user as well as for purposes of marketing research. The user's declaration of consent under data protection law is purely voluntary and shall be able to be revoked by him/her at any time. The user shall also be able at any time to revoke his/her authentication and to demand the deletion of his/her access data.
2. The DMG Academy servers shall be secured in keeping with state-of-the-art technology including, but not limited to, by firewalls; however, the user shall be aware that for all participants the danger exists that data transferred can be intercepted while along the transmission route. Such shall apply not only to any exchange of information via e-mails leaving the system, but also to the integrated messaging system as well as to all other data transmissions. Therefore, it shall not be possible to guarantee the confidentiality of the data transmitted within the parameters of the use of DMG Academy.
3. DMG shall reserve the right to share data, provided that such is specified based on legal or official orders.
4. Upon admittance to the DMG Academy, the user shall assume liability vis-à-vis DMB and all other users that the user shall comply with the requirements of data protection law with respect to any data transmitted by him/her.
IV. Warranty and liability
1. DMG products
With respect to the designated purpose under medical products law, the products of DMG introduced through the services of DMG Academy are introduced in accordance with the requirements of medical products law and the corresponding EU directives and their appendices. Any and all statements, promotions, or advertisements of DMG products within the DMG Academy shall not constitute any contractually binding specification of the material quality (Beschaffenheit) of the DMG products. DMG does not guarantee any particular success of any DMG product within the parameters of the DMG Academy. Any guarantees shall be vouchsafed by DMG only in writing in the individual case.
2. Technical use of the DMG Academy
DMG makes every effort to ensure the accuracy of the content transmitted to the user of the DMG Academy as well as to maintain technical operational readiness. No guarantee is given for this accuracy and maintaining.
In particular, DMG shall be liable for those user injuries arising due to inaccurate content, technical outages, or other shortcomings only in the case of malice or gross negligence.
Apart therefrom, DMG shall be liable for other damages only to the extent that it, its legal representatives, or to its vicarious agents are culpable for malice or for gross negligence. Moreover, in cases of ordinary negligence, DMG shall be liable only in the event of an explicit assumption of a guarantee and in the event of breach of material contractual duties upon which the user may rely to an especially great extent.
Any external attacks by third parties against the DMG Academy, through which the user indirectly or directly suffers injury, e.g., by running harmful software (viruses, Trojan horses, phishing, etc.) or through so-called hacking shall also be precluded from liability.
There shall be no liability for indirect damages, for consequential damages, or for lost profits, to the extent that the liability does not result from malicious conduct or from the lack of an assured material quality. Apart therefrom, there shall be no liability on the part of DMG for cases of slight negligence, regardless of legal grounds.
To the extent that there is an option of sharing with data banks, websites, services, etc., of third parties, through the DMG Academy, e.g., by posting links or hyperlinks, DMG shall be liable neither for the accessibility nor for the existence nor for the security of these data banks or services, nor for the content thereof. In particular, DMG shall not be liable for their lawfulness, for the accuracy of their content, for their completeness, or for their up-to-dateness, etc.
The user shall be obligated to assist in resolving attacks by third parties on the DMG Academy, to the extent that this assistance by the user is necessary, and to refrain from any and all measures which endanger or disrupt the functioning of the DMG Academy, as well as not to access data to which he does not have the right to gain access. Furthermore, s/he must bear the responsibility that the information transmitted by him or her through the DMG Academy and the posted data are not infected with viruses, worms, or Trojan horses. The user shall be obligated to compensate DMG for any and all damages arising from the disregard of these duties.
3. Servicing and customization
At all times, DMG shall have the right to interrupt the service of DMG Academy in whole or in part, to the extent that compelling servicing or maintenance work on the servers is necessary and being carried out.
DMG shall have the right to customize the hardware and software used to render the services in accordance with the respective technological state of the art. If additional requirements follow on the content deposited by the user due to such customization, in order to guarantee the rendering of the services, then DMG shall inform the user of these additional requirements. The user shall decide without undue delay after receiving the notification as to whether the additional requirements should be fulfilled and until such will occur. If the user does not so decide by no later than four (4) weeks prior to the conversion date that s/he shall conform his/her content to the additional requirements in a timely manner, i.e., by no later than three (3) business days prior to the conversion date, then DMG shall have the right to terminate the contractual relationship effective as of the conversion date.
V. Venue and place of performance
Venue and the place of performance shall be Hamburg, Germany.
The User agrees to use the Online Academy to the aforementioned Terms and Conditions.
The User expressly consents, that its personal data which are collected at the time of registration (see III.1. of the Terms and Conditions) and obtained information when using the services of the Online Academy may be transferred from DMG to a third party for purposes of researches into promotion and user behavior.
The User shall have the right at any time to revoke this consent to the transfer of the personal data and information.