TERMS OF USE/TERMS AND CONDITIONS

Welcome to Meditrial Academy!

We are delighted that you have chosen Meditrial Academy to help with your on-line educational or training needs. The following pages create the terms and conditions of a contract between you and us which covers (a) your use of our website and (b) how we make our learning program available to you.

Whilst the full terms and conditions of this contract are set out further below, we have summarised the key terms of the contract as follows. Please note that this summary does not form part of our contract and if there is any conflict then you will need to rely on the contract itself.

Summary

(a) Website use

  • Please respect the content and the access in the same way you would expect your friends and visitors to respect items of property at your place.
  • You are not allowed to commercialise our website or the content on it (i.e. you are not allowed to make money or attract advertising to another business by using our website).
  • You can share our Homepage URL with others but if you only link to part of our website or copy and paste parts of it you have to acknowledge where the content comes from.
  • We are not responsible for the content or any viruses etc on sites that we may link to.
  • Privacy and Data Protection – We comply with all relevant laws on Privacy and Data Protection. In general this means that we will only collect or process personal information for specific and lawful purposes, we won’t collect more than we need for those purposes or keep it for longer than necessary, we’ll do our best to keep it accurate, and we’ll keep it as safe as we can. Please see our privacy policy for more details.

(b) User Registration

Access to Contents available through the Website and the use thereof is available primarily to registered users. Access to some information, functionalities, services and other content available through the Website, or their partial or full use, is granted to unregistered users (visitors). Any reference to users made in these Terms includes both registered (users) and unregistered users (visitors).

As defined by the provisions of these Terms, any natural person who fills out the electronic registration form during initial login to the system may register and is considered a registered user of the Website.

In order to register, you must acknowledge all here stated registration rules, perform the registration procedure, provide accurate, complete and true data and choose a username and password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trade mark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. Such usernames shall be deleted without prior notice. User registration is possible only with unconditional acceptance of these Terms and with the consent for collection and use of personal data in accordance with the legal provisions in force and the provisions of the Privacy Policy that is part of these Terms. By completing the registration process every user receives his/her own user account.

You are responsible for safeguarding the authentication information, including password, that you use to access the Website

, and for any activities or actions under your authentication information, whether your authentication information is with our Website or a third-party service.

You agree not to disclose your authentication information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

Termination of registration does not remove your liability for possible violations and/or damage inflicted during the validity period of your registration. By registering you agree to receive notices related to administration or your use of the Website and its content, released by Meditrial Academy, and legal or natural persons appointed, engaged or authorized by Meditrial Academy.

(c ) Registering on our Courses

  • You may only use the content on our platform for your own personal or business learning and you are not allowed to adapt it or distribute any of it to anybody else.
  • The content we provide on our platform is owned by us. You have no rights over that content except as provided in the contract.

Contract

The following terms and conditions (the “Terms”) apply to our provision and your use of the information, services and materials (“Online Content and Courses”) through the Meditrial Academy website (the “Website”) including you visiting and browsing the Website (being a “Visitor”) and registering with Meditrial Academy as a user.

These Terms should be read alongside, and are in addition to our policies, including our privacy and cookies policies (the “Policies”).

Please read these Terms carefully. These Terms are not negotiable. If you do not agree to them, you must stop using the Website and the Online Content and Courses immediately.

1. About Us

In these Terms, references to “we” or “us” are to Meditrial Academy, a company incorporated in Switzerland (registered number VAT CHE-115.033.718) whose registered address is at Bahnhofstrasse 23, CH-6300 Zug, Switzerland .

In these Terms, references to “you” or “your” are references to you whether as a User or Visitor.

Meditrial Academy offers Online Content and Courses from Meditrial Experts and other institutions from across the world (“Partner Institutions”).

If you have any questions about these Terms or wish to contact us for any reason please click on “support” and select “contact support”, which can be found on the Website.

2. Using the Website (User conduct)

By using this Website and the Online Content and Courses, you confirm that you have read, agree and are in compliance with these Terms and the Policies (each as amended from time to time). Use of the Website and access to the Online Content and Courses by anyone under the age of 13 is strictly prohibited.

Your use of and access to this Website and the Online Content and Courses are subject to the following conditions (“Acceptable Use Conditions”), and you agree that failure to comply with any one of the Acceptable Use Conditions will constitute a breach of these Terms. The Acceptable Use Conditions are as follows:

  • You agree to use the Website and access the Online Content and Courses only for lawful purposes and your use of the Website and Online Content and Courses is in no way unlawful or fraudulent, and does not have the intention or effect of damaging us or our Institutional Partners either reputation ally or financially;
  • You agree not to use or access the Website or the Online Content and Courses for the purpose of harming or attempting to harm minors in any way;
  • You agree not to distribute all or any part of the Website or Online Content and Courses in any medium without our prior written consent, unless such distribution is offered through the functionality of the Website and permitted by these Terms;
  • You agree not to alter or modify any part of the Website or the Online Content and Courses;
  • You agree not to access the Website or Online Content and Courses through any technology other than the software provided by us or enabled via API’s or other generally available third-party web browsers such as Chrome, Firefox, Safari or Internet Explorer;
  • You agree not to (and will not attempt to) circumvent, disable or otherwise interfere with any security related features of the Website or any features that (i) prevent or restrict use or copying of content or (ii) enforce any limitations on you, the use of the Website or access to the Online Content and Courses;
  • You agree not to knowingly transmit any data or send or submit any content that contains viruses, Trojan horses, worms, time-bombs, key-stroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware;
  • You agree not to use or access the Website or Online Content and Courses for any commercial uses or for the benefit of any third party, including but not limited to:
  • the sale of access to the Online Content and Courses or any associated content;
  • the solicitation of business in the course of trade or in connection with a commercial enterprise; and
  • the solicitation of any Visitors or Users of the Website with respect to their content for commercial purposes;
  • You agree to use the Website and access the Online Content and Courses in a way which does not infringe the rights of third parties or restrict or prevent anyone else’s use and enjoyment of the Website, Online Content and Courses;
  • You agree not to ask for, collect or harvest any personal data of any Visitor or User of the Website or Online Content and Courses;
  • You agree not to post, upload, email or otherwise transmit to or otherwise cause us to email, transmit or otherwise distribute chain letters, surveys or studies, calls to action, junk mail, pyramid schemes, incentives (monetary or click-based), spimming or spamming, or bulk communications of any kind, whether or not for commercial or non-commercial purposes;
  • You will not copy, reproduce, create derivative works of, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content contained on the Website (including without limitation the Online Content and Courses) for any other purpose other than as permitted by these Terms without our prior written consent;
  • You agree not to use the Website or the Online Content and Courses in any manner intended to damage, disable, overburden or impair any Meditrial Academy server or the network(s) connected to any Meditrial server, or infringe any requirements, procedures, policies or regulations of any servers or networks connected to the Website;
  • You agree not to use any high volume, automated, or electronic means to access the Website or the Online Content and Courses (including without limitation robots, spiders or scripts);
  • You agree not to frame the Website or the Online Content and Courses, place pop-up windows over its pages, or otherwise affect the display of its pages;
  • You agree not to access or attempt to access any other Visitor or User’s account or falsely state, impersonate, or otherwise misrepresent your identity, including but not limited misrepresenting your affiliations with a person or entity, past or present;
  • You agree not to force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Website; and
  • You agree not to send, knowingly receive, submit, download, use or re-use any material which does not comply with these Terms and the Policies).

You agree to comply with these Terms in relation to any User Content provided by you in connection with the Online Content and Courses and in connection with the ability to post messages.

We grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. We reserve the right to revoke these exceptions, either generally or in specific cases.

You acknowledge and agree that the form and nature of the Website and Online Content and Courses which we provide may change from time to time without prior notice to you.

Whilst we do all we can to ensure that the Online Content and Courses are of a high standard, you understand and acknowledge that, in using the Website and Online Content and Courses, you may be exposed to content from our Partner Institutions that is factually inaccurate, offensive if taken out of context, indecent to certain people, or otherwise objectionable to you. We are not responsible (legally or otherwise) for any claims you may have against us in relation to this type of content.

You acknowledge and agree that we may stop (permanently or temporarily) providing the Website, Online Content and Courses (or any part of the Online Content and Courses) to you or to Users generally for whatever reason, at our sole discretion, without prior notice to you.

You agree that you are solely responsible for (and that we have no responsibility to you or to any third party for) any breach of your obligations under the Terms and for the consequences of that breach (including, but not limited to, any loss or damage which we or any third party may suffer).

3. Registration and Accounts

Any Visitor can view the Website, but in order to participate fully in all activities on the Website and take part in the Online Content and Courses, you must register for a personal account on the Website (a “User Account”) by providing a name, an email address and a password. You agree that you will never divulge or share access or your access information to your User Account with any third party for any reason.

In setting up your User Account, you may be prompted or required to enter additional information, including date of birth, location and any other information that will help other Users get to know you and help us to tailor the services to suit you.

You undertake to us that all information provided by you in relation to your User Account is and will continue to be accurate, current and complete at all times and that you will maintain and update your information to keep it accurate, current and complete.

By registering with Meditrial Academy for a User Account, you agree (in addition to the Acceptable Use Conditions above) that you:

(a) are, and will continue to be, registered for the Website only once and will not set up multiple User Accounts;

(b) will not let anyone else use your User Account;

(c) will not cheat on any assignment or exam relating to the Online Content and Courses, nor share solutions to exams; and

(d) will notify the administrators of the relevant Online Content and Courses (the “Course Administrator”), immediately if you become aware of any other Users cheating or breaching these Terms.

If you are disqualified for any reason under paragraph 3.4(a), (b) or (c), we may prohibit your access or participation in the Online Content and Courses.

4. Course Providers

We may make certain Online Content and Courses available to Users who are registered users and/or employees of our Partner Institutions and other educational institutions, corporates, sponsors, non-profit organisations and individuals (together “Course Providers”).

Your access to such Online Content and Courses may be provided to you through your User Account. You acknowledge and agree that any Online Content and Courses affiliated with a Course Provider may be subject to terms, policies and procedures of the applicable Course Provider in addition to these Terms. If you are a user registered or enrolled at, or are otherwise participating in, a Partner Institution and are taking Online Content and Courses for credit, certification or other formal recognition of learning (as applicable) (“Accreditation”) through that Partner Institution, you acknowledge and agree that:

(a) the Partner Institution may have its own terms, policies or procedures regarding your eligibility to participate in the Online Content and Courses, your participation in the Online Content and Courses, the requirements or prerequisites for receiving Accreditation for the Online Content and Courses, and your educational or user records as they may relate to your participation and performance in the Online Content and Courses; and

(b) your educational or user records are maintained by the Partner Institution (and not by us), including for purposes of completing the courses you are registered for at such Partner Institutions, assigning Accreditation.

We and the Course Administrator reserve the right to cancel, interrupt or reschedule any Online Content and Courses or modify, revise, or alter its content, as well as the associated values, assignments, tests, quizzes, exams, projects and other evaluations of progress without cause or notice to you.

For some Online Content and Courses, subject to your satisfactory performance as determined in the sole discretion of the Course Administrator and/or the Partner Institution, you may be eligible to purchase (or be awarded, as the case may be) products recording your participation in the relevant Online Content and Courses, including (but not limited to) a statement, certificate, acknowledgment or similar issued by us and/or the Course Provider (a “Product”). You acknowledge that, unless expressly stated at the time of purchase, any Product will not be affiliated with any university or other certifying institution, and will not stand in the place of a course taken at a Partner Institution or convey academic credit or certification for any Partner Institution and you acknowledge that the Course Administrator will not be obligated to make any attempts to get the course recognised by any Partner Institution or other educational establishment.

If you are a User taking any Online Content and Courses for Accreditation at a Partner Institution, any Accreditation may only be awarded directly by that Partner Institution based on its own policies and procedures, and you may be required by that Partner Institution to be registered or enrolled with that Partner Institution in order to receive Accreditation. In any event, we will not have any authority or responsibility with respect to any award of Accreditation for any Online Content and Courses.

An organisation (which may be a Partner Institution, your employer, or a third party otherwise working together with Meditrial Academy) may invite you to (i) participate in a specific course, or (ii) join their organisation on Meditrial Academy. By accepting the organisation’s invitation you agree to abide by any additional terms and conditions, policies and procedures issued or made available to you prior to your acceptance of the invitation sent to you by the inviting organisation; and

5. Licence to use

Subject to your compliance with these Terms, we grant you a fully revocable, worldwide, non-exclusive, non-transferable, non sub-licensable limited right and licence:

  • to access, internally use and display the Website and Online Content and Courses as an individual only at your location solely as necessary to browse and/or participate in the Online Content and Courses as permitted by these Terms; and
  • to download permitted content from the Online Content and Courses so that you may exercise the rights granted to you by these Terms.

You must abide by all copyright notices or restrictions contained on the Website or the Online Content and Courses. You may not delete any attributions, legal or proprietary notices on the Website or the Online Content and Courses.

6. Copyright Policy

It is our policy that any content included on the Website or within the Online Content and Courses that infringes, or is likely to infringe, the intellectual property rights of any third party will be removed from the Website as soon as possible after we are made aware of such infringement or potential infringement.

If you are the owner of intellectual property rights, or are authorised to act on behalf of an owner, or authorised to act under any exclusive right, you should report any alleged infringements of your intellectual property rights taking place on or through the Website by emailing a Copyright Infringement Notice to legal@meditrial.net, containing at a minimum the details outlined in section 7.4 below.

We will take whatever action, in our sole discretion, we deem appropriate, including the removal of the challenged content.

When you notify us in accordance with paragraph 7.2, your written Copyright Infringement Notice must contain the following:

  • statement telling us you believe that you have found content on the Website which you believe infringes your intellectual property rights;
  • which country your intellectual property rights apply to;
  • the title of the content concerned and the full URL for access to that content;
  • statement explaining how the content infringes your intellectual property rights;
  • your mailing address, telephone number and email address so that we can contact you;
  • a statement that the information contained in the notice is accurate and that you are the owner of the intellectual property rights or have an exclusive right in law to bring infringement proceedings in respect of its use; and
  • your signature (an electronic signature is sufficient).

We will, acting in our sole discretion, terminate User Accounts and access to the Website and Online Content and Courses if a User has been notified of infringing activity twice or more (regardless of whether the User has taken appropriate action as we may direct.

7. Privacy and Security

We respect your right to privacy. Please see our Privacy Policy and Cookies Policy for full details.

8. Meditrial Academy’s Intellectual Property Rights

Content available through the Website in any form, especially that in the form of documents, templates, lessons, quizzes, photographs, images, drawings, diagrams, charts, audio and visual materials, etc., are protected by copyright and other intellectual property rights according to the legal provisions in force.

Users are held responsible for possible violation of copyrights and other intellectual property rights related to the Contents.

The Website contain names of natural and legal persons, names of products or services, trademarks, logos, pictures, graphics and other content subject to the protection of intellectual property rights (hereinafter: Protected Content) held by Meditrial Academy and/or third parties. Access to or use of the Website or the Contents does not grant any license, right to use, right to exploit, or any other right related to Protected Content, except to the extent and in the manner explicitly specified in the provisions of these Terms or a corresponding separate contract.

It is not allowed:

  • to download, reproduce, copy, distribute, lease, provide for use, publish, communicate to unauthorized third parties or general public, or use Content in any other way for commercial purposes, without written consent previously granted by Meditrial;
  • to alter, modify, edit, translate, or create derived works from any Content available through the Website for commercial purposes, without written consent previously granted by Meditrial;
  • to use Content available through the Website for purposes related to selling or offering for sale, advertising or promotion of any product or service by any person.

If we independently discover a violation of copyright and/or other intellectual property rights, trade secret or other rights of users or third parties, or any other violation of these Terms, or if we are informed by a user or third party of any such violation, or if we receive a request for the removal of a Content, Link, Protected Content or Interactive Content, we shall immediately take all necessary measures to establish grounds for such request and elimination of possible violation.

Specifically, if we independently discover, learn or receive a corresponding request related to a Content, Link or Protected Content, we shall be willing to cooperate with the alleged owner of the intellectual property right, or request submitter; the owner of the rights and the request submitter shall agree to cooperate with us bona fide for the purpose of establishing relevant facts and undertaking measures for the elimination of the alleged violation. We reserve the right, but do not assume the obligation, to remove the Content, Link or Protected Content in dispute from the Website, based on our own assessment and until the dispute has been finalized.

If the corresponding information or request relate to Interactive Content, the submitter and the user who published, transmitted, uploaded or in any other way made available through the Website the Interactive Content in dispute, shall provide all necessary information and explanations concerning the request or the Interactive Content. If we establish that the request in dispute is valid (e.g. on the basis of a final judicial decision or valid settlement), the Interactive Content in dispute shall be removed from the Website without delay. Also, we reserve the right, but do not assume the obligation to remove the Interactive Content in dispute from the Website, and cancel the user account of the user concerned, without prior notice and without explanation, based on our own assessment and until the dispute has been finalized.

9. DISCLAIMER AND LIMITATION OF LIABILITY

In no event shall Meditrial Academy, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Website; (ii) any conduct or content of any third party on the Website; (iii) any content obtained from the Website; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

Your use of the Website is at your sole risk. The Website are provided on an “AS IS” and “AS AVAILABLE” basis. The Website are provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Meditrial Academy, its subsidiaries, affiliates, and its licensors do not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website are free of viruses or other harmful components; or d) the results of using the Website will meet your requirements.

10. Governing Law

These Terms, your use and access to the Website, and all other policies issued by us whether referred to by us herein or not are governed by and construed in all respects in accordance with the laws of Switzerland.

Any or all disputes arising between you and us (whether contractual or non-contractual) in connection with your access and use of the Website, including as to the validity of these Terms or policy issued by us, will be subject to the exclusive jurisdiction of the courts of Switzeland. For any dispute between you and us, you agree that you will first attempt to resolve it with us informally. In the unlikely event that we are unable to resolve the dispute in this manner within 28 days of the dispute being notified in writing, we both agree to submit to the exclusive jurisdiction of the courts of Switzeland to resolve any such dispute.

Notwithstanding paragraph 12.2, you agree that we are permitted to apply for injunctive remedies (or any other types of interim relief) in any jurisdiction at any time.

11. Changes to the Website and these Terms

We may update or amend these Terms (as well as our Policies or and other guidance we issue) from time to time to comply with law or to meet our changing business requirements. When we update our Terms or Policies, we will take appropriate measures to inform you, consistent with the significance of the changes we make. Any updates or amendments will be posted on the Website.

For any operational, regulatory, legal or other reason, we reserve the right to modify, suspend or discontinue all of the Online Content and Courses with or without notice to you and we will not be liable to you or any third party for any such modifications, suspension or termination. By continuing to use the Website, you agree to be bound by the terms of these updates and amendments.