General Terms and Conditions
(1) These Terms and Conditions (T&C) shall apply for any transactions of Spitta GmbH, Ammonitenstraße 1 72336 Balingen (hereinafter referred to as: “Spitta”) and the user (hereinafter referred to as: “User”) and the event organizer (hereinafter referred to as: “Event Organizer”) at home and abroad relating to the User’s and Event Organizer’s use of the online platform “Medimondo” provided by Spitta. Those registered on Medimondo for finding and booking events shall be considered as Users. Those registered on Medimondo for offering events, which are intended to be found and booked by Users, shall be considered Event Organizers.
(2) Any contractual agreements shall apply in the following order:
a) Individual contracts;
b) Special contractual conditions;
c) These Terms and Conditions;
d) Statutory regulations.
In case of contradictions the provisions mentioned first shall always overrule those mentioned later. Possible gaps in the provisions shall be filled by the subordinate provisions. The Terms and Conditions of Spitta shall apply exclusively and apply for any further business relations even if not explicitly and separately stipulated. We hereby expressly object to any confirmations to the contrary and to any Terms and Conditions of Users / Event Organizers. This objection also applies if Users / Event Organizers submit or accept offers stating that their own Terms and Conditions prevail.
(1) Spitta provides the User and the Event Organizer with access to and use of its platform Medimondo. After their registration, Event Organizers can upload information about events (in particular about congresses, advanced trainings and specialist trade fairs relating to medicine and dental medicine) to this platform. Users can view these events without the need to register and after having registered they have the opportunities to put events on their watch list, obtain up-to-date information about the event via e-mail or in their Medimondo account (search agent), or book the event. Medimondo is provided by providing software online (hereinafter referred to as: “Application Software”); Users / Event Organizers can thus access Medimondo online in their browser or from another software application.
(2) The Application Software remains on the server of Spitta. Spitta is not responsible for providing and maintaining the data connection between the User’s and the Event Organizer’s IT system and the data transfer point operated by Spitta.
(3) Spitta reserves the right to amend Medimondo within the scope of their technical possibilities and to operate Medimondo as amended from time to time, as well as to terminate medimondo at their own discretion. The User / Event Organizer shall not be entitled to be able to use a more recent version.
3. Data storage and transfer
(1) The User / Event Organizer can upload data, in particular contact data and event data, to the online storage provided by Spitta within the scope of the Medimondo platform. The User's data can be accessed by the User and partially accessed (name, address, telephone number, e-mail address, medical branch) by the respective Event Organizer if one of the Event Organizer's events is put on the User’s watch list or booked by the User, whereas such access may be subject to a fee. The Event Organizer's data can be accessed by the Event Organizer, and partially accessed (name, address, telephone number, e-mail address, medical branch, time and place of the event, speakers, scientific direction, description texts) by the respective User if the event data is publicly available or if one of the Event Organizer's events is put on the User’s watch list or booked by the User. The User / Event Organizer herewith declares that he agrees that his data is not only viewed by himself, but is also viewed by the respective Event Organizer in case of a User and by the respective Users in case of an Event Organizer. The User / Event Organizer herewith declares that he agrees that Spitta may use his contact data in order to commercially address the User / Event Organizer; whereas the User / Event Organizer can revoke this permission anytime with regard to the future. However, this may lead to the fact that an event can no longer be booked and that the data will not be accessed anymore.The User / Event Organizer is responsible to comply with the retention periods required by commercial and tax law.
The above consent has been given voluntarily and can be withdrawn at any time by informing Spitta (e-mail to email@example.com). Furthermore, the Data Protection Regulations of Spitta shall apply. Moreover, the parties shall be obliged to accept the Data Processing Agreement as an integral part of the contract.
(2) Spitta provides an import interface for the transfer of data from a database of the Event Organizer. The Event Organizer is responsible for the accuracy of the information (on the events). In case of information which is obviously incorrect or misleading, Spitta shall ask the Event Organizer to correct the information or to improve his offer. If the Event Organizer does not respond to this request within a reasonable period of time, Spitta reserves the right to change the offer status to “offline”. Spitta may deactivate or delete individual offers for purposes of quality assurance. Moreover, Spitta will implement an approval or clearing process for any individual offers. Upon the Event Organizer's request, Spitta will support the Event Organizer with the data transfer under the conditions stated in the price list valid at the time of the conclusion of the contract.
4. Conclusion of the Contract and Processing of Payment between User and Event Organizer
(1) The contract between User and Event Organizer in case that the User books an event is concluded by the User accepting the offer to participate in an event of the Event Organizer on Medimondo or by any other means (e.g. by e-mail).
(2) The processing of payment between the User and the Event Organizer in case that the User books an event is only performed directly by the User and the Event Organizer; there is no payment and invoicing option available on Medimondo relating to the relation between the User and the Event Organizer.
5. Processing of personal data
If the User / Event Organizer processes personal data within the scope of this contractual relationship, the User / Event Organizer shall be responsible for respecting the German and European data protection regulations. Spitta only processes the information provided by the User / Event Organizer according to the instructions given by the User / Event Organizer. If Spitta considers that any actions or instructions of the User / Event Organizer constitutes an infringement of data protection regulations, Spitta shall immediately notify the User / Event Organizer as soon as they have gained knowledge thereof. If the Event Organizer does not respond to this request within a reasonable period of time, Spitta shall terminate the practices constituting an infringement of the data protection regulations and fully or partially block (place offline) the Event Organizer and his offers, as well as file an appeal.
6. Disclosure of data
Spitta will place any existing data of the User / Event Organizer offline within 14 days after termination of the contract. The User / Event Organizer shall have no right to obtain their data or have their data deleted. The User / Event Organizer shall be solely responsible for a data backup at the termination of the contract.
7. Access rights
The User / Event Organizer shall be granted access rights consisting of a user name and a password. The User / Event Organizer may only disclose his user name and password to users authorized by him, and apart from that must keep his user name and password secret. Personal data may not be disclosed. It is prohibited to create anonymous or fake accounts. The data of Users and Event Organizers must correspond to real (natural or legal) persons.
8. Participation of the User / Event Organizer
For the contractual use of the services of Spitta, the User's Event Organizers hardware and software, including any workstation computers, routers, means of data communication, etc., fulfill the minimum technical requirements for the use of the most recent version of Medimondo offered, and that the authorized users of the User / Event Organizer are familiar with the use of the software. The User / Event Organizer is responsible for the configuration of his IT system.
(1) The User / Event Organizer grants Spitta the right to reproduce and to distribute (in print, online, offline, e.g. for the creation of backups, event directories, advertising material) the data to be stored for the User / Event Organizer by Spitta without limitations (medium, occasion, regional). Spitta is also entitled to store the data at a remote backup site. For purposes of the removal of defects or of improving their services, Spitta is also entitled to change the data structure of format.
(2) After payment has been made in full according to No. 10 para 2 of these Terms and Conditions, the Event Organizer shall be granted simple and temporal access right relating to the data of users (list of user data comprised by the access right under No. 3 para 1 of these Terms and Conditions) who have put one of the Event Organizer’s events on their watch list (leads) or who have booked an one of the Event Organizer’s events.
(1) The use of Medimondo is free of charge for the User.
(2) The services of Spitta which are subject to a charge for the Event Organizer can be found in the price list. In case that the Event Organizer makes use of fee-based services of Spitta, the Event Organizer shall be obliged pay for the the rates according to the price list applicable at the time the contract was concluded. For this purpose, Medimondo contains a payment feature for the payment of the remuneration by the Event Organizer and the advertising partners to Spitta.
(3) A price increase is deemed to be accepted if the Event Organizer and the advertising partners accept or make use of the offers, i.e. if they make a purchase subject to a fee.
11. Term of the contract
(1) The contractual relationship between the User / Event Organizer and Spitta begins at the time of the free of charge registration with Medimondo. The User / Event Organizer may terminate the contract with immediate effect. The access data is thus deactivated and the services are also terminated with immediate effect.
(2) In case that the Event Organizer intends to use fee-based services according to No. 10 para 2 of these Terms and Conditions (in particular notifications about leads and bookings), the Event Organizer obtains an annual subscription with Spitta (c.f. price list). After the period of an annual subscription, the contract between the Event Organizer and Spitta will be renewed for another annual subscription, unless the contract is terminated within six weeks before the expiration of the current annual subscription. The Event Organizer may terminate any current annual subscription within the period state under No. 11 para 1 of these Terms and Conditions; the Event Organizer is not entitled to receive any refund on payments that have already become due.
(3) The right to terminate this agreement for good cause shall remain unaffected.
(4) Any termination must be made in writing.
12. Liability for defects
Spitta provides no guarantee for the successful arrangement of event bookings (to Event Organizers), as well as for the actual realization of the events offered (for participants) or for the intended advertising impact (to advertising partners). The services rendered shall be considered as a service contract according to Art. 611 et seq. of the German Civil Code (BGB). No specific success or any contract for specific work shall be due.
(1) In case that the services rendered by Spitta are deficient, because their suitability for the contractual use is not insignificantly impaired, Spitta shall be liable for defects of quality and title in accordance with the statutory provisions.
(2) The User / Event Organizer / advertising partner shall immediately notify Spitta in case of any defects.
(3) The services are rendered by Spitta with an overall availability of 98.5 %. The availability is calculated on the basis of the time relating to the respective calendar month less maintenance time during the contractual period. Spitta shall be entitled to perform maintenance work amounting to six hours a month upon prior notice. The contractual services will not be available during this period.
13. Scope and limitation of liability
Spitta shall be liable for intent and gross negligence in accordance with the statutory provisions. Spitta shall only assume liability for slight negligence in case of a breach of essential contractual obligations (major obligation), as well as in case of damage to life, boy or health. Spitta shall only be liable for expectable damages which could reasonably be foreseen.
Spitta does not give any guarantee for the success of the services, in particular for the service of acting as an agency for bookings.
14. Amendment of the Terms and Conditions
Spitta shall be entitled to amend or supplement these Terms and Conditions. Spitta will inform the User / Event Organizer about any amendments or supplements in writing within six weeks before such amendments or supplements come into effect. If the User / Event Organizer does not agree with the amendments or supplements to the contractual conditions, he shall express his objection at least one week before such amendments and supplements are intended to come into effect. The objection must be made in writing. If the User / Event Organizer does not object, the amendments and supplements to the contractual conditions shall be considered accepted. Spitta will inform the User / Event Organizer about this tacit consent regulation when informing him about the amendments and supplements to the contractual conditions.
In case of an objection, this contract is terminated according to Art. 11.
15. General Provisions
Any business relationships of Spitta shall be exclusively governed by the laws of the Federal Republic of Germany. UN sales law is expressly excluded.
The place of performance and delivery shall be the place of business of Spitta. The exclusive place of jurisdiction for asserting claims against Spitta shall be the District Court of Hechingen if legally permissible. Spitta shall be entitled - if legally permissible - to assert their own claims at the place of jurisdiction of the User / Event Organizer or at their own place of jurisdiction.
16. Mediation clause
The parties engage to amicably settle any problems arising during the performance of this contract by negotiation. In case that the parties are unable to settle the dispute within 60 days after they were asked to take up negotiations, the parties shall take up mediation procedures according to the regulations of the German Association for Business Arbitration and Conflict Management (Verfahrensordnung der Gesellschaft für Wirtschaftsmediation und Konfliktmanagement e.V.; gwmk). The same applies if the negotiations are not taken up within 30 days after the request to take up negotiations has been delivered. This provision does not limit the parties’ rights to summary proceedings, in particular relating to seizure proceedings or injunctions.