These Terms, Conditions and Disclaimers apply to the website
www.aofoundation.org (hereinafter the "Site") of AO Foundation, Davos,
and its affiliated institutions (hereinafter "AOF").
AOF may change or modify these Terms, Conditions and Disclaimers from time to
time.
2. No Advice
The Site is not designed for laypersons. The products, procedures, therapies
etc. described on the Site are only to be applied in environments specially
designed and by medical professionals specially certified and trained for such
procedures.
The information provided on the Site is for educational and research purposes
only and does not give professional advice or recommend particular products,
procedures or therapies etc. The information contained in the Site is not
intended to present the only or necessarily the best products, procedures or
therapies etc.
No suggested test or procedure should be carried out unless, in your
professional judgment, its risk is justified. Whoever applies products,
procedures and therapies etc. shown or described on the Site will do so at
her/his own risk and is responsible for their compliance with all local laws,
regulations and medical practice applicable. Because of rapid advances in the
medical sciences, AOF recommends that independent verification of diagnosis,
therapies, drugs, dosages and operation methods should be made before any
action is taken.
All information contained in the Site is only intended for preparing medical
procedures and not for an aid whilst carrying out medical procedures.
Individuals with any type of medical condition are specifically cautioned to
seek professional medical advice before beginning any sort of health treatment.
For medical concerns, including decisions about medications and other
treatments, users of the Site should always consult their physician or other
qualified healthcare professional.
3. No Warranty
AOF does not give any warranty or other assurance as to the content of the
data, information and other material on the Site (hereinafter
"Material"), the accuracy, completeness, and timelessness, the
compliance with local laws, the regulations and medical practice thereof or to
the fitness of the Material for any particular purpose. All Material is
provided on an "as is" and "as available" basis without
warranties of any kind, expressed or implied.
Any statements about products described on the Site are solely the view of AOF
and do not represent an endorsement or evaluation of or a warranty for such
products. These statements may not be used in advertising or for any commercial
purposes.
Any graphic or pictorial Materials appearing on the Site are digitized
reproductions which, though viewable, are not of diagnostic quality and are not
designed nor intended to replace original images. The digitized reproductions
contained in the Site are neither designed nor intended to become a permanent
part of any patient's medical record.
Material published under the name of individual authors are statements and
opinions solely of said authors and not of AOF. Contributions in interactive
discussion plat-forms are not monitored by AOF, and AOF therefore gives no
warranties neither regarding identity of author nor content of such
platforms.
As far as the Site contains links to external sites, AOF is not responsible for
and has no control over the content of such sites. Information available via
hypertext link from AOF is made available without responsibility on the part of
AOF.
AOF does not give any warranty or other assurance as to the operation, quality
or functionality of the Site. To the full extent permissible by law, AOF
disclaims any warranty in connection with the Site. Access to the Site may be
interrupted, restricted or delayed for any reason. Moreover, AOF does not give
any warranty or other assur-ance as to the security and confidentiality of any
internet-transmission to or from the Site. Therefore, the Site or any of the
fax and mailing addresses should not be used to send confidential
information.
AOF does not give any warranty as to services ordered over the Site. All such
serv-ices are provided on an "as is" and "as available" basis
without warranties of any kind, expressed or implied.
4. No Liability
To the full extent permissible by law, AOF disclaims any and all
responsibility for any damages or losses (including, without limitation,
personal injury, financial loss, damages for loss in business projects, loss of
profits or other consequential losses) arising in contract, tort or otherwise
from or in connection with (i) the use of or inability to use the Site or any
Material appearing on the Site, or (ii) any action or decision taken as a
result of using the Site or any such Material or (iii) any other act or
omission in connection with the Site or (iv) any service or the use of any
service that was ordered over the Site.
5. Intellectual Property Rights
Unless otherwise stated in this agreement, any and all intellectual property
rights (including, but not limited to copyrights) in all Material is owned by
AOF. This agreement does not convey to you any rights of ownership in or
related to the Material or intellectual property rights in or in connection
with the Material.
Prints or download extracts from the Material as well as any other reproduction
thereof are permitted for educational and research purposes or personal use
only. None of the Material may be used for any commercial purpose.
Particularly, you may not license, sublicense, sell, resell, transfer, assign,
distribute or otherwise exploit or make available to any third party the
Material in any way.
No Material may be reproduced, stored in or transmitted on any other website
(incl. intranet) nor is it permitted to create any derivative works based on
Material without written permission of AOF.
Some names, instruments, treatments, logos, designs etc. referred to on the
Site are protected by patents, trademarks or other intellectual property rights
even though specific reference to this fact is not made on the Site. Therefore,
the appearance of a name, instrument etc. without designation as proprietary is
not to be construed as a representation by AOF that it is in the public
domain.
6. User Data – License to AOF
In the course of visiting the Site, you may submit (i.e. upload) Material
(hereinafter "User Material"). Personal data on you such as your name,
address and credit card number are not deemed to be User Material under these
Terms, Conditions and Dis-claimers.
As between you and AOF, you shall remain the sole owner of all User Material,
provided however that you hereby grant to AOF a worldwide, unlimited,
non-revocable and non-redeemable license to use, copy, distribute, display,
disclose and perform such User Material or parts of the User Material, to
create derivative works thereof, and to sublicense such rights for any and all
purposes. User, not AOF, shall have sole responsibility for the accuracy,
quality, integrity, legality, reliability, appropriate-ness, and intellectual
property ownership or right to use all User Material, and AOF shall not be
responsible or liable for the deletion, accuracy, correction, disclosure,
destruction, damage, loss or failure to store any User Material.
Any User Material shall be de-personalized by the User before submitted to AOF,
i.e. the User has to ensure that User Material does not qualify as personal
data in the sense of Art. 3 let. a of the Swiss Act on Data Protection when
submitted to AOF. You acknowledge that you have the sole responsibility that
any and all User Material submitted to AOF by you is fully
depersonalized.
The User Material submitted to AOF by you has to comply with all relevant laws
and regulations as well as ethical and medical standards and may not (i) have
an illegal, harmful or harassing content or invade another's privacy, (ii)
infringe rights of a third party, including any intellectual property rights,
or (iii) contain viruses or any other computer codes, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment.
7. Privacy Policy
AOF may collect personal data voluntarily provided by users of the Site
(such as name, address, e-mail address, telephone number etc.) in compliance
with the Swiss Act on Data Protection. Personal data will only be used to
improve the content of the Site and the comfort of the user, for marketing
purposes, in connection with the payment of fees due by you or to contact the
respective persons in order to provide them with information they may be
interested in according to the estimation of AOF. Any and all personal data
will only be used by AOF or, in case of payments of fees due by you, by the
third parties involved in the payment and money transfer process. Other persons
will not be informed on personal data. Moreover, AOF restricts access to
personal data to those employees who need to know that information.
Subject to the exceptions set out above, any personal data you disclose to AOF
will not be disclosed to third parties. AOF does not see or store your credit
card details. Payments are processed through a secure payment system. [to be
confirmed by IT department] AOF will take reasonable measures to prevent
unauthorised access to your personal data.
You can at any time ask AOF to send you a copy of your personal data or ask AOF
to inform you on the use of such data. Moreover, AOF will correct or delete
your personal data at any time in case you wish so. You can reach the competent
body for this as follows:
Email: support@aofoundation.org
8. Ordering and payment of services
a) Ordering of services
Unless explicitly indicated otherwise on the Site services offers on the Site
do not constitute a contractual offer by AOF, but an invitation to offer. The
contract between you and AOF regarding the services (hereinafter
"Contract") comes into effect when the amount indicated on the relevant
webpage has been paid by you. The payment is due upon the point in time the
Contract came into effect.
b) Payment terms
The prices as shown on the Site are net prices, i.e. contain no Swiss Value
Added Tax and other charges, which, if any, have to be paid by you in addition
to the prices.
You have the choice between payment by means of credit cards, bank transfer or
pre-paid voucher. Details, including what credit cards are accepted by AOF, can
be found on the relevant webpages of AOF.
9. Advertising Material
Advertisers, if any, are responsible for ensuring that the Material
submitted for inclusion on the Site complies with all relevant laws and
regulations as well as ethical and medical standards. AOF will not take
responsibility for any error, omission or inaccuracy in advertising material.
Appearance on the Site does not constitute a guarantee or endorsement of the
quality or value of a product or of the allegations made by the manufacturers.
Moreover, section 6 para. 3 above shall apply mutatis mutandis.
10. Infringement and indemnification
If you do not comply with these Terms, Conditions and Disclaimers, we have
the right to prevent you from visiting the Site and enjoy the services
connected therewith, and we reserve the right to any legal action we think is
appropriate.
If, based on a written agreement between you and AOF, you are entitled to
provide access the Site to third persons, you represent that all such third
persons using the Site are contractually bound by these Terms, Conditions and
Disclaimers as well.
You agree to defend, indemnify and hold AOF harmless from any and all
liabilities, costs and expenses, including reasonable attorney's fees, related
to any violation by you of these Terms, Conditions and Disclaimers.
11. No right to visit the Site
Unless expressly stated in this or another written agreement between you and
AOF, AOF has no legal duty to you, and may at any time and without giving
grounds prevent you from visiting the Site and enjoy the services connected
therewith.
12. Miscellaneous
You shall not assign any rights and obligations under this agreement without
AOF's prior written consent.
The parties of this agreement are and remain independent parties. It is not the
par-ties’ intent to create and this agreement does not create the formation of
a partner-ship, joint venture or similar relationship between the
parties.
Should any provision of this agreement be invalid or unenforceable, the
remaining provisions shall be valid. In the place of an invalid provision, a
valid provision is presumed to be agreed upon by the parties, which comes
economically closest to the one actually agreed upon.
13. Applicable Law and Jurisdiction
This agreement is solely governed by substantive Swiss law,
regardless of where the person visiting the Site resides or where this person
made his submission, posting, transaction or connection with the Site. Any
controversy with respect to the Site or in connection with this agreement will
be decided by the courts of the canton Grisons, Switzerland. However,
AOF will be free to raise claims in other jurisdictions in Switzerland and
other countries.
Impressum
Bettina Krummenacher
AO Foundation
Clavadelerstrasse 8
7270 Davos Platz
