This agreement applies as between you, the User of this Website and
medical trAIning GmbH, the owner(s) of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 10 and 14 – 24 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 11 – 13 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.
No part of this Website is intended to constitute a contractual offer capable of acceptance for custom orders. For services purchased directly via the Website, your payment and use of the services immediately conclude the contract. For custom orders made external to the Website, your order constitutes a contractual offer, and Our acceptance of that offer occurs upon Our sending a confirmation email indicating your order has been accepted.
In this Agreement the following terms shall have the following meanings:"Account": means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;
"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;
"Facilities": means collectively any online facilities, tools, services or information that medical trAIning GmbH makes available through the Website either now or in the future;
"Services": means the services available to you through this Website, specifically use of the medical trAIning GmbH proprietary e-learning platform;
"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, CVV or CVC numbers, bank account numbers and sort codes;
"System": means any online communications infrastructure that medical trAIning GmbH makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;
"User" / "Users": means any third party that accesses the Website and is not employed by medical trAIning GmbH and acting in the course of their employment;
"Website": means the website that you are currently using (en.valmed.online) and any sub-domains of this site (e.g. subdomain.valmed.online) unless expressly excluded by their own terms and conditions; and
"We/Us/Our": means medical trAIning GmbH, a company incorporated in Germany, registered at Amtsgericht Offenbach, Handelsregister B, HRB 57035, located at Fasanenweg 2
63225 Langen
Germany.
Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided by or with the permission of an Adult.
We are not liable for individuals who misrepresent their age. If it is discovered that users have provided false age information, medical trAIning GmbH reserves the right to remove their personal data and deny access to the platform.
These Terms and Conditions also apply to customers procuring Services in the course of business.
- 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of medical trAIning GmbH, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by German and international intellectual property as applicable.
- 4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given Our express written permission to do so.
- 5.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.
- 5.2 You may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.
This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of medical trAIning GmbH or that of Our affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Those wishing to place a link to this Website on other sites may do so only to the home page of the site en.valmed.online without Our prior permission. Deep linking (i.e. links to specific pages within the site) requires Our express written permission. To find out more please contact Us by email at contact@valmed.online.
- 8.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
- 8.1.1 You must not use obscene or vulgar language;
- 8.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
- 8.1.3 You must not submit Content that is intended to promote or incite violence;
- 8.1.4 It is advised that submissions are made in German or English as We may be unable to respond to enquiries submitted in any other languages;
- 8.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;
- 8.1.6 You must not impersonate other people, particularly employees and representatives of medical trAIning GmbH or Our affiliates; and
- 8.1.7 You must not use Our System for unauthorised mass-communication such as "spam" or "junk mail".
- 8.2 You acknowledge that medical trAIning GmbH reserves the right to monitor any and all communications made to Us or using Our System.
- 8.3 You acknowledge that medical trAIning GmbH may retain copies of any and all communications made to Us or using Our System.
- 8.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of such information must be communicated to Us in advance and We reserve the right to reject such terms and associated information.
- 9.1 In order to procure Services on this Website, access certain Services on this Website, and to use other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:
- 9.1.1 all information you submit is accurate and truthful;
- 9.1.2 you have permission to submit Payment Information where permission may be required; and
- 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
- 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
- 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Us immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying Us of the unauthorised nature of the order or payment:
- for a one-time purchase you shall be charged.
- for a subscription you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month. - 9.4 When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.
- 10.1 Either correspond to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. Please refer to sub-Clause 12.6 for incorrect Services.
- 11.2 Where appropriate, you may be required to select the required subscription plan of Services.
- 11.3 We neither represent nor warrant that such Services will be available at all times and in the case of a custom agreement - cannot necessarily confirm availability until confirming your Order. Availability indications are not provided on the Website.
- 11.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.
- 12.1 One-time purchases via the Website
- 12.1.1 Payment for the Services shall be taken via your chosen payment method, immediately.
- 12.1.2 Once the Services are successfully purchased a binding contract exists between medical trAIning GmbH and you. You will receive a welcome email which will contain a link to the purchased Service, you will also have access to the Services on your account.
- 12.1.3 Order confirmations and invoices can be found in your account’s “Payment overview” page and shall contain the following information:
- 12.1.3.1 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 12.1.3.2 Relevant times and dates for the provision of the Services;
- 12.2 Subscription based purchases via the Website
- 12.2.1 Payment for the Services shall be taken immediately for the first month of the service subscription plan you purchased and at the same day of each subsequent month (“billing cycle”).
- 12.2.2 Once a successful payment for the first month of the Services is made a binding contract exists between medical trAIning GmbH and you. You will receive a confirmation email of your successful subscription, and will have access to your subscription Services on your account.
- 12.2.3 Order confirmations and invoices can be found in your account’s “Payment overview” page and shall contain the following information:
- 12.2.3.1 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 12.2.3.2 Relevant times and dates for the provision of the Services;
- 12.3 Custom agreements made external to the Website
- 12.3.1 Your order constitutes a contractual offer that We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once We have sent you an order confirmation email will there be a binding contract between medical trAIning GmbH and you.
- 12.3.2 In the event that prices are changed during the period between an order being placed for Services and Us processing that order and taking payment, then the price that was valid at the time of the order shall be used.
- 12.3.3 Order confirmations under sub-Clause 12.3.1 will be sent to you before the Services begin and shall contain the following information:
- 12.3.3.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
- 12.3.3.2 Fully itemised pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;
- 12.3.3.3 Relevant times and dates for the provision of the Services;
- 12.3.3.4 User credentials and relevant information for accessing those services.
- 12.3.4 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
- 12.3.5 Payment for the Services shall be taken via your chosen payment method, in the case of a one-time payment - immediately, or in the case of a subscription - immediately for any setup fee that corresponds to the service subscription plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.
- 12.3.6 We aim to fulfil your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are exceptional circumstances. If we cannot fulfil your Order within a reasonable period, we will inform you at the time you place the Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of the Contract, which means we will aim to fulfil your Order within any agreed timescales but this is not an essential term of the Contract and we will not be liable to you if we do not do so. If the Services are to begin at your request within 14 calendar days of Our acceptance of your order, at your express request, you will be required to expressly acknowledge that your statutory cancellation rights, detailed below in Clause 14, will be affected.
- 12.3.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us immediately to inform Us of the mistake. We will ensure that any necessary corrections are made within five (5) working days.
- 12.4 medical trAIning GmbH shall use all Our reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
- 12.5 Additional terms and conditions may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and conditions when completing your Order.
- 12.6 medical trAIning GmbH provides technical support by email at contact@valmed.online. medical trAIning GmbH makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.
- 13.1 We want you to be completely satisfied with the Products or Services you purchase from medical trAIning GmbH. If you need to speak to us about your Order, then please contact us by email at sales@valmed.online.
- 13.2 If any Specific Terms accompanying the Service contain terms about cancelling the Service, the cancellation policy in the Specific Terms will apply.
- 13.3 In the case a refund request is received, medical trAIning GmbH reserves the right to track the user’s or users’ usage and access of the Services purchased.
- 13.4 If you are a consumer based within the European Union, you have a statutory right to a “cooling off” period. This period begins once a purchase has been made or your order is confirmed and the contract between medical trAIning GmbH and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order or purchase, please inform Us immediately using the following email: sales@valmed.online. Your right to cancel during the cooling off period is subject to the provisions of sub-Clauses 13.5, 13.6 and 13.7 depending on the kind of purchase which was made.
- 13.5 Cancellation and refund policy for one-time purchases via the Website
- 13.5.1 If the Services are fully performed within the 14 calendar day cooling off period, by means of the user accessing the course material / starting the course you will lose your right to cancel and no refund will be granted.
- 13.6 Cancellation and refund policy for subscription based purchases via the Website
- 13.6.1 If the Services are fully performed within the 14 calendar day cooling off period, by means of the user accessing any of the course material / starting any of the courses you will lose your right to cancel and no refund will be granted.
- 13.7 Cancellation and refund policy for custom agreements made external to the Website
- 13.7.1 As specified in sub-Clause 12.3.6, by requesting that the Services begin within the 14 calendar day cooling off period you acknowledge and agree to the following:
- 13.7.1.1 If the Services are fully performed within the 14 calendar day cooling off period, you will lose your right to cancel and no refund will be granted.
- 13.7.1.2 If you cancel the Services after provision has begun but is not yet complete you will still be required to pay for the Services supplied up until the point at which you inform Us that you wish to cancel. The amount due shall be calculated in proportion to the full price of the Services and the actual Services already provided. Any sums that have already been paid for the Services shall be refunded subject to deductions calculated in accordance with the foregoing.
- 13.8 Refunds, where applicable, will be issued within 5 working days and in any event no later than 14 calendar days after you inform Us that you wish to cancel.
Use of the Website is also governed by Our
Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please click on the link above.
- 15.1 All personal information that We may collect (including, but not limited to, your name and email address) will be collected, used and held in accordance with the provisions the General Data Protection Regulation (GDPR) (EU) 2016/679 and your rights under that Act.
- 15.2 We may use your personal information to:
- 15.2.1 Provide Our Services to you including if applicable the reporting of CME points to the relevant authorities;
- 15.2.2 Process your payment for the Services; and
- 15.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at any time.
- 15.3 We will not pass on your personal information to any other third parties without first obtaining your express permission.
- 16.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.
- 16.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.
- 16.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.
- 16.4 Whilst We use reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.
We reserve the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If We are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.
- 18.1 The Website is provided “as is” and on an “as available” basis. medical trAIning GmbH uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.
- 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- 19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its Content at your own risk.
- 19.2 Nothing in these Terms and Conditions excludes or restricts medical trAIning GmbH liability for death or personal injury resulting from any negligence or fraud on the part of medical trAIning GmbH.
- 19.3 Nothing in these Terms and Conditions excludes or restricts medical trAIning GmbH's liability for any direct or indirect loss or damage arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.
- 19.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and medical trAIning GmbH.
- 23.1 All notices / communications shall be given to Us by email to contact@valmed.online. Such notice will be deemed received 3 days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- 23.2 We may from time to time, if you opt to receive it, send you information about Our products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.
These Terms and Conditions and the relationship between you and medical trAIning GmbH shall be governed by and construed in accordance with the Law of Germany and medical trAIning GmbH and you agree to submit to the exclusive jurisdiction of Germany.
Last Modified on September 26th, 2024
