(1) The following Terms of Use apply to registration agreements concluded by you, hereinafter referred to as “Member,” with us, Hager & Meisinger GmbH, Hansemannstraße 10, 41468 Neuss, hereinafter referred to as “Provider,” via our website https://gbmn.net. Any deviating general terms and conditions of the Member shall not be recognized unless the Provider expressly agrees to their validity in writing.
(2) Our offer is directed exclusively at entrepreneurs in the field of dental medicine and students of dentistry. An entrepreneur is any natural or legal person or partnership with legal capacity who, when concluding the contract, acts in the exercise of their commercial or self-employed professional activity. Traders outside the dental sector cannot obtain an entry with us.
Through our online portal https://gbmn.net, we provide a Global Bone Management Network in the field of dental medicine. Via the member accounts created, our Members can enter and manage their data, conclude and manage subscriptions, and plan, create, book, and view events and workshops at any time.
(1) Members have the option to conclude the subscriptions under the conditions described there.
(2) Subscriptions apply with an unlimited term subject to the cancellation periods listed for the respective subscription.
(1) The Provider ensures that the functions provided are accessible via the Provider’s platform.
(2) The Provider shall promptly remedy all errors in the online portal within the scope of technical possibilities. An error exists if the member areas and events are not accessible, deliver incorrect results, or otherwise do not function properly, making use of the online portal impossible or restricted.
(3) Adjustments, changes, and additions to the contractual online portal as well as measures to detect and correct malfunctions shall only lead to temporary interruptions or impairments of accessibility where this is technically unavoidable.
(4) The basic functions of the online portal are monitored daily by the Provider.
(5) The availability of the services agreed upon under § 2 of this contract amounts to 98.5% on an annual average, including maintenance work.
(1) Members are responsible for ensuring that they provide accurate and up-to-date information about themselves and their company in their entry.
(2) Members are also responsible for ensuring that they do not place any content in their entry that is unlawful, violates laws, regulatory requirements, or third-party rights. This also applies to the uploading of trademarks, logos, and images. The Member shall ensure that they are authorized to do so and that no third-party rights are infringed. The Member shall indemnify the Provider against any claims brought by third parties against the Provider as a result of a violation and shall compensate the Provider for all expenses and any damages arising from such a situation, in particular all legal prosecution and defense costs.
(3) The Member is obliged to prevent unauthorized access by third parties to their entry by taking appropriate precautions. For this purpose, they are required to keep their access data secret and not to make it accessible to third parties.
(4) The Provider is entitled to immediately block the Member if there is reasonable suspicion that the stored data is unlawful and/or infringes third-party rights. A reasonable suspicion of illegality and/or infringement exists in particular if courts, authorities, and/or other third parties inform the Provider thereof. The Provider must inform the Member immediately of the block and the reason for it. The block shall be lifted as soon as the suspicion is dispelled. In the event of a violation of this provision, the Provider also reserves the right to terminate the Member for cause.
(1) The Provider guarantees the functionality and operational readiness of the platform services in accordance with the provisions of this contract.
(2) Claims for damages against the Provider, regardless of the legal grounds, are excluded unless the Provider, its legal representatives, or vicarious agents acted with intent or gross negligence.
(3) In cases of slight negligence, the Provider shall only be liable if one of the essential contractual obligations has been violated by it, its legal representatives, or executive employees or vicarious agents. In such cases, the Provider shall only be liable for foreseeable damages that typically occur. Essential contractual obligations are those obligations that form the basis of the contract, that are decisive for its conclusion, and on the fulfillment of which the Member may rely.
(4) The Provider shall be liable without limitation for damages caused intentionally or negligently resulting from injury to life, body, or health by the Provider, its legal representatives, or vicarious agents.
(5) Strict liability for damages for defects already existing at the time of contract conclusion is excluded.
(6) The Provider shall not be liable for data loss insofar as the damage results from the Member failing to perform data backups and thereby ensuring that lost data can be restored with reasonable effort.
The personal data entered by the Member in their member area shall be collected, processed, and used by the Provider exclusively for the purposes arising from the registration contract and for the performance of this contract, in compliance with the statutory provisions of the Federal Data Protection Act and the General Data Protection Regulation.
(1) This contract is subject to the laws of the Federal Republic of Germany.
(2) The place of performance for obligations under this contract is the Provider’s registered office.
(3) If the Member is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from contractual relationships between the Member and the Provider shall be the Provider’s registered office.
(4) The Provider is entitled to amend these Terms of Use. The Provider will make such amendments only for good cause, particularly due to new technical developments, changes in case law, or other equivalent reasons. Such amendments will be communicated to the Member in writing, by fax, or by email. If the Member does not object to this amendment within four weeks of receipt of the notification, the amendments shall be deemed accepted by the Member. In the event of an amendment to the Terms of Use, the Member will be separately informed of the right of objection and the legal consequences of remaining silent.
(5) Should individual provisions of this agreement be invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. Invalid or unenforceable provisions shall be replaced by statutory provisions. If such statutory law is not available (regulatory gap) or would lead to an unacceptable result, the parties shall enter into negotiations to replace the invalid or unenforceable provision with a valid regulation that comes as close as possible to the economic intent.