General Terms and Conditions (hereinafter: Terms of Use)

1. Scope of validity

These Terms of Use apply to the contract entered into between Doctorsgate GmbH, Ostertorwall 12, 31785 Hameln, Germany (hereinafter: “Doctorsgate”) and the party registering to use the website (hereinafter: “the Site“) or the application (hereinafter: “App“) for mobile devices.

2. Entry into contract and registration

2.1 By placing a check next to “I confirm that I have read, understood and accepted the General Terms and Conditions“ and clicking on the “Register“ button, User agrees to these Terms of Use, thereby entering into a legally binding contract with Doctorsgate under the provisions of these Terms of Use. Insofar as User is not acting on behalf of a natural person, i.e. for a company or an institution, User warrants by virtue of both his registration and the use of Doctorsgate content that he holds authorization to make such declarations on behalf of said non-natural entity.

2.2 Upon registration, User warrants that the data provided by him are correct and complete and that he shall update these data in the event of any future changes. In case of doubt about the veracity of these data or User’s authorization of use under these Terms of Use, Doctorsgate reserves the right to exclude User temporarily or permanently from the use of Doctorsgate.

2.3 Each user may only register once.

2.4 No entitlement shall exist to enter into or continue a Contract of Use.

3. Scope of services and rights of use

3.1 Doctorsgate-generated content

3.1.1 All property rights (particularly including but not limited to copyrights, brand rights and other proprietary rights) to the database and its contents shall be owned by Doctorsgate; Users’ rights not transferred to Doctorsgate to content generated by you as well as the rights to content generated by third parties shall not be affected thereby. Any utilization by User or third parties – particularly reproduction, public reproduction and commercial processing even of excerpts – is only permitted with the written approval of Doctorsgate or of the respective rights holder.

3.1.2 User shall have no right to constant availability of the use of Doctorsgate. Doctorsgate reserves the right to change (extend or restrict) or terminate completely any Doctorsgate-generated content and utilization options at any time. Doctorsgate cannot guarantee the constant availability of the platform, the safeguarding of content and functionality or compatibility of systems and programs. In justified individual cases, Doctorsgate may restrict or interrupt Users’ access to Doctorsgate, particularly if this is expedient to maintaining or securing the operation of Doctorsgate (for example for maintenance work) or if there is a suspicion that User has violated the Contract of Use.

3.1.3 User may utilize Doctorsgate exclusively in the context of his own professional activity, for continuing professional education, for professional exchanges with other registered users and to use content provided by Doctorsgate or partners of Doctorsgate. Particularly, any commercial utilization of Doctorsgate extending beyond this or the processing of personal data of other users is not permitted. Any commercial processing or publication of Doctorsgate content is prohibited unless previously approved in writing by Doctorsgate. The transmission or publication of illegal content is prohibited.

3.1.4 User may not disrupt the function of Doctorsgate; he particularly may not use mechanisms that generate automated page views or might result in an excessive overloading of the infrastructure; he may not change or block any content created by Doctorsgate or by other users nor may he unreasonably bother other users.

4. Data protection and data security

4.1 User’s data

4.1.1 The responsible handling of the personal data of all users and third parties is of central relevance to Doctorsgate. Doctorsgate shall treat all personal data confidentially pursuant to the provisions of the data protection laws and these Terms of Use and protect these data against unauthorized access.

4.1.2 User (with his separate declaration of consent that can be revoked at any time for the future) shall permit Doctorsgate to process the following personal data of User:

• Base data: Name, occupation, home address, employer, content generated on Doctorsgate.

• Utilization data: IP address, type and version of the browser and operating system, URLs of the websites linking to and from Doctorsgate.

Doctorsgate shall not disclose base data to third parties; Doctorsgate shall only disclose to partners utilization data after they have been irreversibly anonymized and all reference to any persons has been removed.

4.1.3 User (with his separate declaration of consent that can be revoked at any time for the future) shall permit Doctorsgate to contact him at the stated email address insofar as this is required or expedient within the context of the Contract of Use – particularly to verify the accuracy of the data provided by User and to obtain evidence about the users’ affiliation to the group of medical professionals. User (with his separate declaration of consent) permits Doctorsgate to continue to transmit information to him on topics that are potentially of interest to Doctorsgate users; this shall also comprise the sending of invitations to participate in opinion polls, statistical surveys or market research conducted by Doctorsgate or via the Doctorsgate Site.

4.1.4 User can configure in his profile settings which other user groups (none, contacts only, all users) or affiliates of Doctorsgate (none, contacts only) may view which content of his profile. Employees of Doctorsgate can inspect all of User’s content and personal data insofar as this is required for the administration (technology, user management) of Doctorsgate.

4.2 Third-party data

4.2.1 User’s content may not contain any information that allows identification of any third party – especially of patients – starting from the moment of its transmission to Doctorsgate, i.e. even before any upload. In general, the content may specifically not contain the following personally identifying characteristics: Name, address and contact details (such as telephone number, fax, email), date of birth or age, facial photos (unless made unidentifiable), exact patient-related times such as admission, discharge or dates of death, health insurance claims data, social security numbers, vehicle data, serial numbers (e.g. medical devices), IP addresses or URLs assigned to the patient, biometric data (such as fingerprints). Doctorsgate features an editing function that enables User to remove personally identifying characteristics even prior to upload. In addition, Doctorsgate makes a misuse reporting system available to all users so that they can report any content in contravention of sentence 1 and 2 of Article 4.2.1 hereof. User shall be solely responsible for upholding his code of professional secrecy and complying with the data protection regulations. Without exception, Doctorsgate shall delete all content that violates confidentiality or data protection laws.

4.2.2 If User receives personal data relating to another user or third party within the scope his use of Doctorsgate, he may not process or commercially use said data without the consent of that user or third party.

4.3 Data security

User may use Doctorsgate exclusively with his own person-related access data (email address and password). He shall select a strong password and change it on a regular basis. User shall keep his access data secret and may not make them accessible to third parties. User is obligated to notify Doctorsgate without delay whenever he becomes aware of any third party obtaining knowledge of his access data. In the event that any of these obligations are violated, User shall be liable for all damages arising from the use of his access data and insofar indemnifies Doctorsgate from all liability.

5. Liability and responsibility of Doctorsgate for content, goods or services of third parties

5.1 Doctorsgate shall only be liable for intent and gross negligence to the extent of statutory provisions governing damages or reimbursement of futile expenditures. Unless stipulated otherwise in derogation from sentence 4 of this Article 5.1, Doctorsgate shall moreover be liable only when in violation of a contractual obligation, the fulfillment of which is essentially vital to the proper performance of this contract and the observance of which the customer may regularly rely upon (cardinal obligation); liability shall be limited to compensation for foreseeable and typical damage. In all other cases, liability on the part of Doctorsgate shall be excluded without prejudice to the provision of sentence 4. The liability for damages arising from injury to life, body or health or for claims under the German Product Liability Act shall remain unaffected by the aforementioned liability provisions.

5.2 Doctorsgate shall not regard content created or linked by users as its own. Doctorsgate shall not be liable for legal infringements arising from this content, but rather exclusively the user responsible for the creation or linking thereof; he shall insofar indemnify Doctorsgate from all liability therefor.

5.3 Doctorsgate shall assume no liability for the professional/medical accuracy of users’ information; neither shall Doctorsgate be liable for damages arising from this information, but rather exclusively the user responsible for said information; said user shall insofar indemnify Doctorsgate from all liability therefor. Doctorsgate shall not be liable for misuse of information shared by a user on Doctorsgate.

5.4 Doctorsgate is not a party to any agreement entered into between User and a third party in connection with or via Doctorsgate – neither as contractual partners nor as representative or vicarious agent. Doctorsgate shall not be liable for the contents, utterances, actions or omissions of these third parties and does not regard the aforesaid as its own.

6. Termination of the Contract of Use

6.1 User and Doctorsgate can terminate the Contract of Use in writing without giving notice.

6.2 If User violates these Terms of Use or legal provisions, Doctorsgate can exclude User from further use even without terminating the Contract of Use. In this case, said user will also be prohibited from re-registration. Doctorsgate shall inform User about this measure and give him opportunity to make a statement thereon.

6.3 User’s personal data shall be deleted upon termination of the Contract of Use. Private messages of User shall remain with the recipient. User-created content shall be retained (see 3.2.1) and be anonymized or pseudonymized by Doctorsgate.

7. Place of jurisdiction, choice of applicable law, reservation of the right to modify, severability clause

7.1 The law of the Federal Republic of Germany shall apply under the exclusion of the UN Sales Convention. Exclusive place of jurisdiction for all disputes with non-consumers shall be Hameln.

7.2 Doctorsgate reserves the right to amend these Terms of Use without stating the reasons therefor. The amended Terms of Use count as accepted, if User has not objected within 4 weeks of receipt of that notice. User shall be notified by email of the amendment, the appeal option and the appeal deadline. If User objects, the Contract of Use and the User’s authorization for usage shall end upon receipt of the appeal. Any further use of Doctorsgate content after receipt of said notice shall count as approval of the amended Terms of Use.

7.3 The ineffectiveness of any provision of these Terms of Use shall not affect the other provisions. The ineffective provision shall be deemed to have been replaced by a provision that comes closest in meaning and purpose to the ineffective provision, in a legally effective manner.

The www.doctorsgate.com website as well as the Doctorsgate App for smartphones, tablet computers and similar terminal devices as well as all subsites constitute services offered by Doctorsgate GmbH, Ostertorwall 12, 31785 Hameln.