The following General Terms and Conditions shall apply and are an integral part of the use of the Dental Cal platform by Users and Organizers. The acceptance of these General Terms and Conditions is a pre-condition for using this platform.
(1) Within the scope of a User Agreement Dental Cal (Dentalscanlabor GmbH, Hauptstraße 172, 76756 Bellheim, Germany) provides the possibility to physicians, merchants within the meaning of the German Commercial Code [HGB], enterprises and legal persons (hereinafter referred to as ”Platform User”) to permanently use our business-to-business platform on the Dental Cal Portal operated by us (hereinafter referred to as the “Dental Cal platform”) according to the provisions of these General Terms and Conditions. Platform Users may either register to use this platform as participants (hereinafter referred to as “User” or “User/Supplier”) or as Organizers (hereinafter referred to as “Organizer”) of services and use our platform accordingly.
(2) These General Terms and Conditions of Use include any and all terms and conditions in force between Dental Cal and the Platform User for any services offered within the scope of this User Agreement. Provisions deviating from these Terms and Conditions of Use shall only apply if they have been confirmed in writing by Dental Cal. With the approval according to Section 3 the Platform User acknowledges these Terms and Conditions of Use as being valid.
(3) Dental Cal shall notify the Platform User in writing by telefax or email of any amendments to these General Terms and Conditions of Use. If the Platform User does not object to such amendments within four weeks upon receipt of the notice, such amendments shall be considered as agreed upon. In the event of any amendments to these General Terms and Conditions, the Platform User shall be specifically informed about his/her right of objection and the legal consequences of silence.
(1) The Dental Cal platform is a platform for Users and Organizers of training in the medical field as well as related additional services. The platform is equipped with an integrated, automated notification system for the purpose of simplifying communication between Users and Organizers as well as extensive functionalities for the creation, administration and monitoring of training events.
(2) The individual services include on the agreed option:
(a) provision of the possibility to use the Dental Cal platform after approval of the Platform User according to Section 3;
(b) provision of the possibility to make bookings and conclude contracts in regard to offers and invitations to tender initiated by the Organizer according to Section 4;
(c) provision of information and communication options among the Platform Users and/or contracting parties;
(d) possibility of the creation of and information about training events for Organizers;
(e) display of access statistics of individual offers for Organizers;
(f) account management, display of booked and attended training events including scheduling and address data as well as training points;
(g) providing of web space for Organizers in connection with a company page on the Dental Cal platform;
(h) depending on the rate, provision of the possibility to create a personalized company page, banner advertising, advertisements, DMS system for the storage and use of event attachments.
(1) The approval by Dental Cal is a pre-condition for using the Dental Cal platform. There is no entitlement to approval or use thereof. Dental Cal offers its Platform Users the possibility for registration at http://www.dental-cal.de/users/sign_in or, upon request, provides an order form for registration by letter (in paper form) or by email (pdf etc.).
(2) In the online application for registration at http://www.dental-cal.de/users/sign_in the Platform User must provide company-related data (such as his/her email address), a password and a contact person and also state whether he/she intends to use the Dental Cal platform as a User or as an Organizer. After submission of the application for registration to Dental Cal, the Platform User shall receive a confirmation email to the email address indicated by him/her. The email shall include a verification link with which the email address of the Platform User is verified and the Platform User is referred to a registration page listing once again the entire contents of the contract. By clicking on the appropriate confirmation field, the User Agreement between Dental Cal and the respective Platform User will come into effect for an indefinite period pursuant to these Terms and Conditions of Contract.
(3) If the registration does not take place on the basis of Clause 2, but by means of a registration form provided by Dental Cal, the customer shall submit a legally binding contract offer to Dental Cal with his/her signature. Dental Cal will then send the Platform User an email containing a verification link to enable the Platform User to use the Dental Cal platform.
(4) The Platform User warrants that the information provided by him/her to Dental Cal and other Platform Users, in particular in the context of his/her application of approval according to Clause 2, are true and complete. The Platform User undertakes to inform Dental Cal without delay of any future change of the information provided by him/her.
(5) Dental Cal shall be entitled to withdraw the approval of any Platform User or to block him/her from accessing the Dental Cal platform, if there is sufficient reason to assume that any provision of these General Terms and Conditions of Use has been violated. The Platform User can prevent these measures if he/she dispels any such suspicion by presenting appropriate proof at his/her own expense.
(6) All logins are personalized and may only be used by the respectively entitled Platform User. The Platform User is obliged to keep the login and password secret and to protect them from unauthorized access by third parties. If there is any suspicion of misuse by a third party, the Platform User shall inform Dental Cal thereof without delay. As soon as Dental Cal acquires knowledge of unauthorized use, Dental Cal shall block the access of the unauthorized Platform User. Dental Cal reserves the right to change the login and password of a Platform User; in such an event, Dental Cal shall inform the Platform User without delay.
(1) Users have the possibility to search and choose Organizers and services according to individual criteria and to submit binding offers for their services. The offers of a User are binding and irrevocable declarations on the conclusion of the services tendered by the Organizer.
(2) Without any extra costs, each registrated User can place service offers to other Users via his/her Dental Cal user account. The User then acts as a User/Supplier. As regards the creation, regulation and processing of service offers placed by the User/Supplier, the following regulations for Organizers and their service offers shall apply. The User is aware that the Dental Cal platform has a filter setting with which User/Supplier offers can be hidden, in which case only the offers of Organizers will be displayed to the Platform User. The user and the organizers are known that free accounts can be hidden via a search function and then only with accounts of purchased option: "Free organizer hide disabled" will be displayed.
(3) On the Dental Cal platform Organizers have the option of entering and launching training services and/or invitations to tender including any additional services, and of inviting select Users according to general or individual criteria to submit binding offers/bookings. Invitations to tender of User/Suppliers, do not constitute a legally binding offer within the meaning of Section 145 German Civil Code [BGB], but rather only constitute a request to submit offers/ bookings ("invitatio ad offerendum") on the part of the User. By means of their booking inquiries Organizers are informed about binding User offers.
(4) Organizers are free to choose whether and which of the received User offers they would like to accept. Unless the User and Organizer reach an agreement to the contrary, a contract shall come into effect, provided the Organizer accepts the User’s offer by way of acceptance of services/acceptance of booking.
(5) All declarations of intent provided when using the respective Platform User’s login shall take effect for and against this Platform User, unless the recipient of this declaration of intent is aware of the declaring person’s inadequate authorization of procuration.
(6) The applicable system clock time on the Dental Cal platform shall apply exclusively to all transactions on the Dental Cal platform. Bookings/offers can only be submitted within the time of training, services and invitations to tender preset by the Organizer.
(7) Dental Cal reserves the right to change or expand the contents and structure of the Dental Cal platform as well as the associated user interfaces, if and insofar as the fulfilment of the contract concluded with the Platform User is not or not significantly affected. Dental Cal shall notify the Platform User of the Dental Cal platform about such changes accordingly.
(1) The launch of training, services and invitations to tender or an offer may not be made if:
(a) the particulars are incomplete making it impossible to determine the object and price;
(b) the launch or deployment of training, services and bookings according to the laws applicable in the relevant jurisdiction for the achievement of the intended contract breaches any legal provisions or official regulations or is morally objectionable. In particular, no services or items may be offered the offer or sale of which would breach any rights of third parties; the same shall apply to pornographic or youth-endangering contents, weapons, drugs, propaganda material of anti-constitutional organizations and parties, live animals, etc. Dental Cal shall be entitled to immediately remove such training, services, invitations to tender or offers from the Dental Cal platform.
(2) The Platform User shall be obliged to maintain and update the service offers posted by him/her at all times, in particular in regard to offered prices as well as vacant attendant places.
(3) In regard to any of the services he/she offers, in particular regarding his/her information duties towards other Platform Users, the Platform User shall be responsible for ensuring observance of any provisions of applicable law. The Platform User shall hold Dental Cal harmless from any third-party claim, including any costs incurred by us.
(4) Services which may only be offered upon submission of proof required by law, may be offered or requested on the Dental Cal platform only if the proof has been included in the description of the services and the service shall only be rendered upon submission of the respective proof required by law.
(5) The Platform User shall undertake to refrain from any measures to avoid charges for posting any training, services and invitations to tender on the Dental Cal platform.
(1) The use of Dental-Cal plattform site is free for users and organizers as in the basic version, unless supplementary services to be booked.
(2) For offering their services on the Dental Cal platform, Organizers can book various options and submit an offer to Dental Cal. In this regard the price list shall apply. These can be requested by the organizer via email.
(3) Unless otherwise agreed, the fees incurred in each case and agreed upon with the Organizers for the respective period shall be charged in advance and are due immediately after billing without deduction plus statutory VAT at the prevailing tax rate as amended. The Platform User agrees to the storage of all accounting and financial records according to the legal obligation to preserve records and/or for the purpose of subsequent proof.
(1) The processing of contracts concluded via the Dental Cal platform lies within the sole responsibility of the individual Platform User. In respect of the contracts concluded on the Dental Cal platform Dental Cal shall not assume any guarantee for the fulfillment of the contracts concluded between the Platform Users nor any liability for material or legal defects of the offered and outstanding services. Dental Cal shall not accept any guarantee for the fulfilment of any contracts which have come into existence between Platform Users.
(2) Dental Cal shall assume no warranty with respect to the true identity, authority to act or power of disposition of the participating Platform Users. In case of doubt, both contracting partners must inform themselves concerning the true identity, authority to act or power of disposition of the other contracting partner.
(1) Organizers and Users/Suppliers can autonomously enter training and services including any additional services they offer on the Dental Cal platform by posting them electronically and adding a link. The Organizer and/or User/Supplier within the Dental Cal platform shall grant appropriate rights of use.
(2) Organizers and/or Users/Suppliers undertake to only enter their services under the designated headings. Organizers and/or Users/Suppliers are obliged to provide full and true information relating to their services.
(3) Organizers and/or Users/Suppliers undertake to only post service offers they have the absolute right of use for and which are not encumbered with any rights of third parties - in particular not with any copyright held by any third party. Description, contents, visual appearance and purpose pursued of the posted service offer may not violate any legal regulations or be morally objectionable. In particular German copyright or trademark law, German Unfair Competition Law [UWG], German Price Indication Regulation [PAngV]) as well as, where appropriate, German professional law have to be complied with.
(1) Depending on the rate, on conclusion of the contract Dental Cal grants Organizers access to a customizable company page. For this purpose, Dental Cal provides an entry mask in the Organizer’s user account in which an individual description and categorization as well as a description of the Organizer’s activity can be entered. In doing so, formatting and size requirements need to be observed.
(2) Depending on the rate, via their user access Organizers can add any relevant event attachments (PDFs, files, videos) regarding the events they offer so that their data can be viewed and/or downloaded by third parties. In doing so, formatting and size requirements need to be observed. Dental Cal is not responsible for the legal and/or substantive review of the event attachments.
(3) In addition, depending on the rate, Dental Cal places at the Organizer’s disposal an entry mask in the user account in which the Organizer can deposit contents for banner advertising and advertisements on the Dental Cal platform. In doing so, formatting and size requirements need to be observed. The Organizer’s banner advertising is displayed in a rolling manner on the main page of the Dental Cal platform together with the banner advertising of other Organizers that have booked this service. By means of a hyperlink, the banner advertising is linked to the contents of the Organizer on the Dental Cal platform, allowing the Internet page to be retrieved when the advertising medium is activated by a mouse click. The link takes place in the same browser window. The display of advertisements of the Organizers on the Dental Cal platform takes place alternating with advertisements of other Organizers that have booked this service.
(4) Furthermore, depending on the rate, Dental Cal offers its Organizers the possibility in the user account to add an active hyperlink of the Organizer in their event offers.
(5) Depending on the rate, Dental Cal places at the Organizer’s disposal a software module/an interface to enable individual event administration on the part of the Organizer.
(1) Depending on the rate, Dental Cal places web-based system resources at the Organizer’s disposal. These system resources allow Organizers to add attachments for the events they offer (digital documents and files) of up to a total of 500 MB.
(2) For storing such digital documents and files, a virtual box containing virtual drawers is made available to the Platform User.
(3) By means of Dental Cal’s system resources the stored digital documents and files of the Organizer are held ready for retrieval on the Internet. The services of Dental Cal relating to the transmission of data are solely restricted to the data communication between the delivery point of its own data communication network to the Internet and the system resources provided for the Organizer. Since Dental Cal has no influence on data traffic occurring outside its own data communication network, Dental Cal is not liable for the successful forwarding of information from or to any computer requesting any contents.
(4) The contents saved on the Organizer designated storage space is backed up on a daily basis. The backup always comprises the complete contents of the stored information. The Organizer can only claim a retransfer of the contents saved on the Dental Cal system resources but not a handover of the storage media.
Free of charge personal support by Dental Cal vis-à-vis the User is a voluntary service and is not included in the scope of services according to this Agreement. If required, Dental Cal and the User shall conclude a separate consensual agreement for this purpose.
(1) Dental Cal is liable without limitation in case of malicious intent and gross negligence, in case of negligence only if material contractual obligations are breached. Material contractual obligations are to be understood as obligations the fulfilment of which is crucial for the proper performance of the contract and which the contractual partners may expect to be met. Any liability for infringements of a material contractual obligation is limited to the average damage typical for the contract, the occurrence of which is to be anticipated by Dental Cal due to the circumstances known at the time of conclusion of contract. Liability pursuant to the German Product Liability Act [Produkthaftungsgesetz] shall remain unaffected.
(2) Dental Cal assumes no liability for disturbances within the network not caused by Dental Cal.
(3) According to the preceding clauses, Dental Cal only assumes liability for the loss of data if such loss could not have been prevented by appropriate data protection measures by the Platform User.
(4) Dental Cal assumes no liability for the impairment of the contractual use of services provided by Dental Cal on its platform if this impairment has been caused by the Platform User’s non-appropriate and improper use.
(5) Above limitations of liability are applicable mutatis mutandis in regard to Dental Cal’s vicarious agents.
(6) Insofar as the Dental Cal platform offers the option of being forwarded to third party data bases, websites, services etc. via, for instance, provided links or hyperlinks, Dental Cal is neither liable for accessibility, stock or security of those databases or services, nor for the contents thereof. In particular, Dental Cal assumes no liability for the respective legality, correctness of content, completeness, up-to-dateness etc.
(1) Platform Users are prohibited from posting contents (i.e. by links or frames) on the Dental Cal platform that infringe any legal provisions or official regulations or are morally objectionable. Furthermore, Users are prohibited from posting contents that infringe any rights of third parties, in particular any copyright or trademark rights.
(2) Under no circumstances shall Dental Cal adopt any third party contents.
(3) Dental Cal reserves the right to block third party contents if such contents are criminally punishable under the applicable laws or discernably serve the purpose of preparation of criminal acts.
(4) The Platform User shall indemnify Dental Cal from all claims third parties assert against Dental Cal for violation of their rights or for violations due to offers and/or contents posted by the Platform User. In this regard, the Platform User shall also bear the cost of necessary legal defense by Dental Cal, including all legal costs incurred.
(1) The Platform User is obliged to:
(a) establish and maintain the necessary data backup precautions during the entire contract term; this essentially relates to the careful and conscientious handling of logins and passwords;
(b) immediately inform Dental Cal of technical changes occurring within his/her area if such changes are capable of negatively affecting the provision of services or the security of the Dental Cal platform;
(c) cooperate in investigating attacks against the Dental Cal platform by third parties, to the extent that such cooperation by the Platform User is necessary;
(d) execute transactions via the Dental Cal platform exclusively for business purposes within the scope of his/her operation of a commercial enterprise
(2) The Platform User undertakers to refrain from any measures jeopardizing or interfering with the integrity of the Dental Cal platform as well as from accessing data which the User is not allowed to access. In addition, the User must ensure that his/her information and posted data transmitted via the Dental Cal platform is free of viruses, worms or Trojan horses. The Platform User undertakes to reimburse Dental Cal for any damage arising from culpable non-compliance with these duties and to indemnify Dental Cal against any third-party claims (including any legal costs incurred) asserted against Dental Cal as a result of the Platform User’s non-compliance with these duties.
(1) Dental Cal’s servers are protected by state-of-the-art technology, in particular by firewalls. However, the Platform User is aware of the risk implied for both contractual parties that transmitted data may be intercepted during transmission. This does not only apply to the exchange of information via email leaving the system, but also to further integrated communication applications and to any other transmission of data. The confidentiality of the data transmitted while using the Dental Cal platform can therefore not be guaranteed.
(2) The Platform User hereby consents that Dental Cal may anonymously store information and data relating to the course of training, services and invitations to tender as well as relating to the behavior of participants and/or Suppliers when executing these transactions and may exclusively use this information and data in anonymous form for marketing purposes, e.g. for the compilation of statistics and presentations.
(3) During the term of this Contract, Dental Cal is entitled to process and store the data provided by Platform Users in connection with the business relationship in accordance with the applicable data protection provisions. In particular, the Platform User accepts that Dental Cal may:
(a) store and process the particulars of the Platform User such as company data and contact persons of Platform Users provided in connection with the registration application as well as any relevant updates notified by the Platform User;
(b) store the data entered into the Dental Cal platform by the Platform User in connection with the required company presentation and make such data available for access in the public and closed rea at the request of other registered and non-registered Platform Users;
(c) store the personal data possibly used in the course of transactions and forward them to other Platform Users and if the Platform User concerned so requests by selecting a public transaction, make such data available in the public area for download at the request of other registered and non-registered Platform Users;
(d) store the non-personal data via the contents of transactions and forward them to other Platform Users and if the Platform User concerned so requests by selecting a public transaction, make such data available in the public area for download at the request of other registered and non-registered Platform Users.
(4) The further use of personal data exceeding the aforementioned use shall require the separate consent of the Platform User or a legal justification. Platform Users are entitled to revoke their consent granted under Clause 3 at any time, insofar as they have hereby consented to the use of personal data.
(5) Dental Cal reserves the right to forward such data if such forwarding must take place due to legal or official regulations.
(6) Upon admission according to Section 2 Clause 2, the Platform User warrants towards Dental Cal and all other Platform Users that the requirements of data protection law are observed by the Platform User with respect to the data transferred and shall indemnify Dental Cal from any and all claims of third parties, including those that are of public law nature.
(7) For the rest, reference is made to our data protection statement.
(1) Dental Cal is entitled to discontinue the services entirely or in part as far as mandatory maintenance or repair work on the servers need to be carried out. Dental Cal shall endeavor to schedule downtimes and maintenance times outside of 8 a.m. to 8 p.m. (CET) and keep such maintenance times as short as possible.
(2) Dental Cal is entitled to adapt any hardware and software used to provide its contractual services to the respective state-of-the-art technology. If such modifications result in additional requirements to be met by the Platform User’s contents stored in order to ensure the services rendered, Dental Cal will notify the Platform User of these additional requirements. After receipt of this notification, the Platform User will immediately decide, if and when these additional requirements will be met. If the Platform User fails to declare at least four weeks before system adjustments take place that he will adapt his/her contents appropriately and on time, i.e. three working days before the date of the transition date, Dental Cal reserves the right to cancel the contractual relationship with effect from the transition time.
(1) Any partial or complete assignment of the Platform User’s rights resulting from this Contract with Dental Cal to a third party is excluded.
(2) The Platform User shall only be entitled to offset payment if claims originate from the same contractual relationship and if counterclaims are undisputed and legally effective.
(1) The underlying Contract for these General Terms and Conditions of Use shall be concluded for an indefinite period of time. The Contract enters into force on approval according to Section 2 Clause 2.
(2) This Contract may be terminated by both parties subject to a notice period of four weeks to the end of each contract year.
(3) Each party shall be entitled to terminate this Contract for good cause without observing a notice period. In particular, good cause is given for Dental Cal in the case of:
(a) a Platform User’s violation of the provisions of these General Terms and Conditions of Use has not been remedied within the given deadline;
(b) a Platform User’s tortious action or the attempt of such, e.g. fraud;
(c) persistent disruption of operation beyond Dental Cal’s control due to force majeure, e.g. natural disasters, fire, breakdown of networks not caused by Dental Cal.
(4) Any termination of this Contract must be made in writing. Notices of termination per fax or email meet the requirement of the written form.
(1) The laws of the Federal Republic of Germany shall apply with the exception of the UN Law on International Sales (CISG).
(2) The place of jurisdiction for all legal disputes concerning commercial transactions with merchants, legal entities under public law or public-law special funds in relation of the concluded Contract shall be the registered office of Dental Cal. In this case, at the option of Dental Cal, the court proceedings can also be conducted at the registered office of the Platform User.
(2) Should any individual provisions of this Contract be or become invalid, and/or if they are contrary to legal regulations, the effectiveness of the remaining Terms and Conditions of Use shall not be affected. The contracting parties shall replace the ineffective provision with a legally effective provision which comes closest to the economic purpose of the ineffective provision. The above shall also apply in case of regulation gaps.
1. Information about the technical steps to follow to conclude the Contract
In order to release an offer, the Platform User must carry out the following technical steps:
Login takes place by entering the registration and company data as well as by submitting the completed registration form. Approval takes place in accordance with the above General Terms and Conditions.
2. Information about the storage of the text of the Contract
The text of the Contract is only saved internally; after submission of the User’s registration the text of the Contract including these Terms and Conditions of Use/this information will not be returned to the Platform User in text form by email.
3. Information about the technical means for identifying and correcting data entry errors
Prior to sending his/her binding registration, the Platform User can always correct his/her entries by using the common keyboard and mouse functions.
4. Information about the languages available for concluding the Contract
For concluding this Contract the German and English languages are available.