Terms & Conditions

INTRODUCTION

These User Terms and Conditions apply to any use of GoCART Website (hereinafter: ‘the Platform’). Please read these User Terms and Conditions carefully before accessing and/or using the Platform.

By using this Platform, you (hereinafter also: ‘User’) confirm that you have read, accepted and agree to be bound by these User Terms and Conditions, including liabilities and the applicable law. If you do not agree to these User Terms and Conditions, do not access, use and/or contribute to the Platform.

We reserve the right to unilaterally change these User Terms and Conditions, whenever it deems necessary. It is your responsibility to periodically check these User Terms and Conditions for changes. The continued use of the Platform will be deemed acceptance of the updated or amended User Terms and Conditions. If you do not agree to the changes, you should cease using the Platform.

ARTICLE 1 ‘DISCLAIMER’

• The content (including its text, graphics, images, audio, video and any and all other material) on the Platform is intended to inform (licensed) healthcare professionals about the GoCART
• The content on the Platform is shared for informational purposes only and should not be considered as medical advice, diagnosis or treatment recommendations.
• If you are a (licensed) healthcare professional, you must at all times use your own professional judgement before using content on the Platform and verify any content and/or information that you choose to rely on. You are advised to consult appropriate medical literature and product information with regards to drugs mentioned on the Platform to verify dosages, methods and durations of administration and contraindications.
• If you are not a (licensed) healthcare professional, you must at all times seek advice from your physician or other qualified healthcare professional before taking or refraining from any action on the basis of the content on this Platform or if you have any questions with regards to your medical condition.
• Content on the Platform can originate from third parties. All expressions and information published on the Platform are free and non-binding to EHA and are provided “as is”. EHA does not warrant or guarantee its accuracy or completeness.
• EHA has the right but not the obligation to review the content supplied by third parties and can in no way be held responsible for such content.
• Any treatments, tests, (medical) products, opinions or other information that is referred to in the content on the Platform does not constitute a recommendation or endorsement of EHA. Discussions, views and recommendations as to publications, medical procedures, products, choice of drugs and drug dosages are appraisals of the third parties.

ARTICLE 2 ‘CONDITIONS TO USE THE PLATFORM’

2.1       You are obliged to comply with the provisions of these User Terms and Conditions and any further instructions or directions from EHA as well as deontology and/or the ethical rules of your profession.

2.2       If you are using an offline browser that allows you to download content from the Platform and read it later, all terms of these User Terms and Conditions remain in effect.

2.3       You are solely responsible for verification of the reliability, accuracy and relevance of the information and data available on this Platform.

2.4       When contributing to the content on the Platform, you represent and warrant that the information and data provided by you or on your behalf is accurate, complete, reliable and up to date.

2.5       By submitting your content through the Platform, you grant EHA a worldwide, non-exclusive, royalty-free, fully paid, sublicensable and transferable license solely for the purpose of the Platform offered by EHA, including without limitation for promoting and redistributing part or all of the Platform.

2.6       You represent and warrant that you have all rights to grant such aforementioned license without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, contract rights, or any other intellectual property or proprietary rights.

2.7       You may not (i) upload or transmit viruses or other malicious codes or (ii) disrupt the functioning of the Platform or use software that could disrupt the functioning of the Platform.

2.8       You shall not divulge, transmit, extract or compile from this Platform the personal information of other Users or third parties.

2.9       You shall defend, indemnify and hold harmless EHA and its coalition members from any and all liabilities, claims, fines, penalty payments and expenses (including but not limited to the costs of investigation and defense and reasonable attorneys’ fees) arising from or in connection with your use or misuse of the Platform, violation of these User Terms and Conditions, infringement of any intellectual property or other right, claim or action, including, but not limited to, infringement or defamation, arising from or related to your conduct or the information, data and material that you supply on the Platform.

ARTICLE 3  ‘INTELLECTUAL PROPRIETY RIGHTS’

3.1       Unless stated otherwise, all rights, including copyrights and other intellectual property rights to (the information on) the Platform – including look and feel, layout, designs, images, programs, technical set-up, navigation and system features – remain with EHA, insofar as these rights do not belong to third parties such as third parties from whom information is made available.

3.2       These User Terms and Conditions do not constitute, by implication or otherwise, any license for you to use the trademarks of EHA, GoCART or any of the coalition members, and the corresponding logos.

3.3       You may consult (the information on) the Platform and make copies of it for your own use, for example by printing or storing it. Any other use, for example distributing, modifying, storing, reproducing, commercializing, and/or creating derivative works of (a part of) the Platform in another internet page or creating links, hyperlinks or deep links between (a part of) the Platform, is not permitted without the express written permission of EHA.

3.4       User will inform EHA immediately if it finds that someone is infringing any intellectual property right of EHA or, if applicable, third parties.

ARTICLE 4 ‘LIABILITY’

4.1       EHA is not obliged to verify or check the reliability, relevance or accuracy of the content provided by third parties on the Platform. EHA as well as the other coalition members shall in no way be held responsible or liable for any damage or losses resulting from the use or the inability to use (the content on) the Platform such as the fact that information or data proves to be incorrect, incomplete, and/or unlawful.

4.2       The Platform may contain links to external internet pages. EHA is not liable for the use or the content of internet pages to which the Platform provides a link or of internet pages which provide a link to the Platform.

4.3       EHA shall in no way be held responsible or liable for damage resulting from any activities of User on the Platform.

4.4       The Platform can be accessed from various countries around the world and may contain references to products, services, and programs that have not been announced in your country. These references do not imply that the host intends to announce such products, services or programs in your country.

4.5       In no event, is EHA liable for any damage – such as to your computer system or business delays – resulting from problems caused by or inherent to the distribution of information via the internet, such as, among other things, malfunctions, viruses, mutilation of information, interruptions, errors or delays in the provision of information or functionalities of the Platform. You are responsible for taking care of the necessary internet access, hardware, (the installation of) software and peripherals and other facilities in order to be able to connect to the Platform.

4.6       The Platform is permanently under development and changes and necessary maintenance may be made at any time. EHA strives to remedy malfunctions and limitations as soon as possible and to keep any inconvenience to User to a minimum. EHA nor does not accept any liability for possible consequences of (temporary) unavailability of the Platform.

4.7       You shall hold EHA and the other coalition members harmless and indemnify EHA and the other coalition members harmless against any claim or lawsuit instituted against EHA which is based on an allegation that any intellectual property rights or other proprietary rights or obligations are infringed by submitting the information on the Platform.

ARTICLE 5 ‘APPLICABLE LAW AND COMPETENT COURT’

5.1       The use of the Platform and these User Terms and Conditions are governed exclusively by Dutch law.

5.2       Any disputes arising from the use of the Platform and these User Terms and Conditions shall be submitted exclusively to the competent court in The Hague, the Netherlands.

5.3       You agree that the period for filing any claim against EHA shall be one (1) year from the origin of the claim, and any claim not brought within such period shall be deemed waived.

ARTICLE 6 ‘MISCELLANEOUS’

6.1       EHA process personal data of User and cookies on the Platform. For more information, please see the Privacy Statement and Cookie Policy as available on the Platform.

6.2       EHA reserves the right, at its sole discretion, to change, modify, add or remove portions of these User Terms and Conditions at any time.

6.3       If any provision of these User Terms and Conditions should be or become ineffective, invalid or unenforceable, (a) the remaining provisions shall remain in full force and effect and (b) to the extent possible, the provision concerned shall be replaced with a provision that comes as close as possible to the intention of the provision concerned.

6.4       These User Terms and Conditions shall not be interpreted or construed to confer any rights or remedies for any third parties.

6.5       The English version of these User Terms and Conditions is the only official and legally binding version, whether or not there is or will be a translation into another language.

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