General Terms and Conditions (GTC) for Using the www.himss.eu Website
HIMSS Analytics Europe UG (limited liability), referred to below as HAE, operates the services of HAE at various top-level domains, as well as at various sub-domains and aliases of these domains. All websites used by HAE to provide the services of HAE are referred to below as himss.eu.
The relationship between HAE and the User is governed exclusively by the following GTC in the version that is valid at the time the order is placed. HAE does not recognise any conditions of the User that deviate from these GTC, unless these are expressly approved by HAE in writing.
If the User uses the services offered by HAE either currently or in the future, any special terms and conditions of business or use in relation to the service(s) in question will apply in addition to these GTC. Such special terms and conditions have precedence over these GTC in the event of any contradictions.
HAE reserves the right to change these GTC at any time without specifying a reason for the change. HAE is obliged to notify the User promptly in the event of a change to the GTC. Unless the User rejects the new GTC within two (2) weeks of notification, the modified GTC will be deemed accepted by the User. When notifying the User of the proposed changes, HAE is obliged to inform the User of his/her right of objection and of the significance of the deadline for objections. If the User exercises this right of objection, HAE is entitled to terminate the contractual relationship following the stipulated period of notice.
These GTC can be accessed, downloaded and saved by the User at any time, including any time after the contract is completed. They are accessible to the User via the "Terms & Conditions" link provided on each himss.eu website.
1. Services provided by HAE
HAE provides information and knowledge exchange services for companies, healthcare facilities and other interested users. HAE provides business data, market data and other survey data, which has been collected, compiled and organised using methods specially developed by HAE, as well as other information and services. HAE offers information provided by third parties (in particular, providers and manufacturers of IT products and/or services), and may provide access to such third-party information and services. This information may be provided by HAE and/or a third party (third-party information). Depending on the User and on the scope of the data, this information may be provided both to HAE and to third parties either free of charge or in return for payment. The prices charged are always as indicated on himss.eu.
The information and services provided by HAE are not provided as consulting services and are not under any circumstances to be interpreted or construed as such.
HAE also offers HAE market reports for purchase and gives Users the option of paying to access market reports via himss.eu. Access to the reports is permitted following payment via a registration link, which is sent to users after they log in to their himss.eu account. Users register on the himss.eu website. HAE grants this access following the User's acceptance of these GTC.
The himss.eu websites provide Internet services provided by third parties. HAE either links to these services from its sites or acts as a broker for them. These offers are subject to the conditions of use stipulated by the individual service providers. HAE assumes no liability or responsibility for these services.
To avail of a service at himss.eu that requires registration, the User must agree to the conditions of use that apply to the service in question. To do so, the User must click on the "Agree" field or tick a box to select an opt-in option. By clicking on the "Agree" field or ticking the box, the User confirms that he/she has read and accepts the GTC.
By completing the registration process, the User submits an offer for the conclusion of the contract concerning the use of the service provided by himss.eu. HAE accepts this offer by enabling the User to avail of this service provided by himss.eu. Acceptance of the offer establishes the contract between the User and HAE.
The User guarantees that all contact details provided during the registration process are correct and complete. The User is obliged to notify HAE immediately in the event of changes to his/her user data and to ensure that this data is always up-to-date.
If the service to be used requires users to register and log in via domains other than himss.eu, the conditions of use stipulated by the owners of these websites then apply. This applies in particular to the use of the HIMSS Analytics Europe database, which is accessible via himss.eu.
The services provided by HAE to users are subject to availability. HAE makes every effort to ensure that the User can enjoy uninterrupted availability of service from HAE. However, use may be restricted and/or temporarily interrupted due to maintenance work and/or further site development and/or other interruptions. This may result in a loss of data in certain cases. The affected User is not entitled to claim compensation in such a case. Furthermore, HAE is entitled to alter or discontinue the services provided at any time at its own discretion and without prior notice.
4. Property and intellectual property rights
All content, information, images, videos, databases and computer programmes published on himss.eu are protected by copyright.
The data available on himss.eu, in particular the reports, represent a valuable collection of information. Copyrights, trademarks and other rights to the intellectual property and data provided via himss.eu remain the property of HAE. Rights to information provided by third parties remain the property of these third parties.
The User is not entitled to use the information provided for any purpose other than company-internal purposes without the prior consent of HAE. Furthermore, the User is not permitted download, reproduce in any other way, sell, or pass on, distribute, rent, lease or make made available to third parties for temporary use, license or hand over the information on himss.eu, i.e. business reports, market reports and other survey data, as well as all other information and the website itself . In particular, the User is not permitted to provide any other person with his/her personal access details in order to access the content on himss.eu that requires registration.
This does not affect the User's right to invite persons from within the same company, institution, organisation or corporate group within the same country to register as users and thus grant them access to business, market and survey data that has already been purchased by or provided to the User, as well as third-party information purchased by the User.
If the User intends the information to be used across country boundaries, the prior written consent of HAE is required (an e-mail will suffice in this case). Any queries in relation to this are to be sent to email@example.com.
The User is only entitled to reverse-engineer, decompile, separate, change or modify in whole or in part any software or source code that is accessible in connection with himss.eu to the extent that is permitted by law.
The name "HAE" or "HIMSS Analytics Europe UG (limited liability)", the HAE logo, and symbols, marks, information or third-party information that is protected by copyright, trademark or any other property rights must not be reproduced or used in any way for the User's own purposes without the prior written agreement of HAE (for example, in the context of a collaborative partnership). The User must not give the impression that the User's organisation or website has a commercial affiliation with HAE without the prior written consent of HAE.
5. Conditions of use/security
The User is not permitted to modify, adjust or change any part of himss.eu or to attempt to do so.
In accessing the services on himss.eu, the User undertakes to protect the data and services from access by unauthorised third parties. The User agrees to follow all instructions provided by HAE in connection with the security of the services, and to protect any passwords, forms of user identification (IDs and invitation code) or user names assigned to the User for access purposes. The User accepts personal responsibility for observing the security measures, and promises to keep confidential such passwords, forms of user identification or user names, and all other security mechanisms and controls and not divulge these to third parties without the prior written consent of HAE. The User must inform HAE immediately in the event of any misuse or loss of this data. Similarly, any misuse of HAE content must be reported immediately. HAE will not disclose the password to third parties and will at no time ask the User to divulge the password.
The User will take every care to ensure that e-mails and requests sent by the User to HAE do not contain viruses and to comply with legal, official and technical provisions.
6. Responsibility for content
Some of the content and Internet services on himss.eu are created by third parties, in particular by other users of himss.eu. HAE treats such content as third-party content. Third-party content remains the sole responsibility of the user or third party who created it.
The User agrees not to transmit any content to HAE that is illegal or of a grossly offensive nature, any pornographic or sexual nature, content that is harmful to youth, extremist content, content that glorifies or downplays violence, glorifies war, promotes terrorist or extreme political organisations, content that incites criminal action, defamatory content, or any other content that could give rise to any civil or criminal liability under law. The User also agrees not to transmit any content that contains advertising or messages of a commercial nature.
If HAE is in receipt of concrete evidence of or is notified of potentially illegal content or becomes aware in any way of the existence of illegal content, HAE is entitled to inspect this content immediately and, if the suspicions of illegal content are confirmed, to delete or block this content. HAE reserves the right not to publish content submitted by users.
Information, reports or analyses that are presented as such by HAE may become obsolete after they are initially published, and may therefore be altered, replaced or removed without prior notification.
7. Links to other websites
Links to other Internet sites are provided on himss.eu. HAE expressly points out that it has no influence on the design and content of these external sites. As a result, HAE cannot guarantee that the information provided there is always up-to-date, correct, complete or of the highest quality. HAE therefore distances itself from all content of these sites. This declaration applies to all links to external sites provided on our Internet pages and their content.
Any opinions expressed or recommendations provided on these independent or external websites are those of the relevant provider and do not reflect the opinions or recommendations of HAE.
8. Guarantee and liability
Content on himss.eu is provided without guarantees or assurances of any kind. HAE strives to provide content of a satisfactory quality, suitability, accuracy, usefulness and completeness. Data (in particular, market data) is often provided by other users or third-party providers. The nature of the data (in particular, market data) is such that it may quickly become obsolete, may not provide an accurate reflection of reality and is open to more than one interpretation.
Liability for damages of any kind on the part of HAE or its possible representatives, employees or vicarious agents is limited to cases involving the violation of material contractual obligations (cardinal obligations); upon whose fulfilment the User may particularly rely. The exclusion of liability does not apply to cases of intent or gross negligence.
This exclusion of liability also does not apply to damages resulting from fatal injury, bodily injury or damage to health, or to liability in accordance with the Product Liabilities Act.
With the exception of cases of grossly negligent behaviour or intent on its own part, HAE accepts no liability for information or functions made accessible on himss.eu, in particular for damages of any kind arising from information on the website or from errors, inaccuracies or omissions on the website.
The extent of HAE's liability is limited to the damages that can typically be foreseen at the time the contract is agreed. HAE is not liable, in particular, for compensation for consequential harm caused by a defect, for loss of earnings or depletion of good will. The same applies to instances of force majeure.
Some of the data available on himss.eu was/is gathered from publicly accessible information, questionnaires, corrigenda and/or in-depth interviews. Much of this data is provided by third parties. The accuracy and completeness of the data collected also depends on the collaboration of third parties with HAE. While HAE takes appropriate measure to ensure that the information is as accurate as possible, HAE accepts no liability for the validity, usefulness, correctness or accuracy of this data. HAE also rejects any liability for technical malfunctions or disruptions of any kind.
All of the liability limitations set out above apply to all contractual and non-contractual claims. Any further liability will not be accepted by HAE.
The User indemnifies HAE against all claims, including claims for damages, brought by other users or any third party against HAE due to the violation of their rights by the User. These include the costs of any associated legal prosecution and legal defence costs. Further rights and claims for compensation on the part of HAE remain unaffected.
It is the responsibility of the User to ensure that any data he/she uploads to himss.eu is free of computer viruses and other similarly harmful programs. The User absolves HAE from all claims made by third parties against HAE resulting from such harmful programs.
10. Rights of use for submitted content
By submitting content, information, articles, texts and any other material to HAE on this platform, the User grants HAE a royalty-free, irrevocable worldwide and perpetual, non-exclusive licence to save all or part of this material, and to duplicate, edit, distribute and use it in any other way for commercial or non-commercial purposes.
11. Data protection
The website “HIMSS.eu” uses Google Analytics, a web analysis service of Google Inc. (hereinafter referred to as Google). Google Analytics uses what are known as cookies, i.e. text files that are stored on your computer and that allow it to analyze how you use the website. The information generated by the cookies on how you use this website (including your IP address) is transmitted to a server of Google in the United States and stored there. Google shall use this information to analyze how you use the website, to compile reports on your website activities for the website operator and to furnish other services. Google may also transmit that information to third parties provided this is legally mandated or to the extent that third parties process these data on behalf of Google. Google will never bring your IP address into connection with other data from Google Inc. You can prevent cookies from being installed by adjusting your browser software. However, we point out that in this case you might not be able to use all of the functions of this website to the fullest degree. By using this website, you declare that you consent to the data surveyed on you being processed by Google in the aforementioned manner and for the aforementioned purpose.
Certain components of the HIMSS Analytics Europe information system and our invoicing process are bases on automatic settings. We can process your personal information as a component of our invoicing process.
In as much as these data protection terms become obsolete or if loopholes emerge as the result of new services or new applications on “HIMSS.eu” websites, HIMSS Analytics Europe is entitled to undertake amendments to the data protection terms at any time. HIMSS Analytics Europe will inform you of any amendments to these data protection terms via e-mail at the e-mail address submitted by you in the scope of registration.
Should you have questions in connection with our data protection policy or how we process the personal information that we have available on you, please get in contact with: firstname.lastname@example.org.
12. Sanctions and blocking
In the presence of concrete evidence that a user is in violation of these GTC, legal provisions or the rights of third parties, HAE is entitled to delete content, warn users, block users provisionally or, following multiple or repeat violations, permanently, and to inform the relevant investigative authorities.
This also applies if HAE has another legitimate reason to do so or is required to take measures to protect other users from anti-competitive activities.
In determining which action to take, the legitimate interests of the user in question will be taken into account, in particular the indications of the culpability of the user in question.
13. Termination of contract
Each party to the contract is entitled to terminate the contract for good cause. Good cause applies, in particular, if the User.
- persists in violating fundamental provisions of these GTC despite receiving warnings
- commits wrongful action against a third party by using services provided by HAE for illegal purposes or to deliberately inconvenience a third party
- causes considerable damage to other users of himss.eu or to HAE
- files for bankruptcy, is liquidated or becomes insolvent, or if an official receiver is appointed
- provides false contact details
In the event of a complete or partial discontinuation of services for reasons outside the control of HAE, HAE is not obliged to refund fees in whole or in part if HAE has terminated the user contract with justification or if the User terminates the user contract before the end of the agreed period of use.
14. General terms and conditions
Unless otherwise agreed, the User may submit all declarations to HAE by e-mail at the address email@example.com or send these by fax or letter. HAE may send declarations to the User by e-mail, fax or letter at the addresses specified by the User in the User's up-do-date contact data.
HAE reserves the right to have services and/or functions of this website performed by third parties.
The User may only offset claims made by HAE to the extent that the counterclaims are undisputed or legally binding. The User may exercise the right to retention only insofar as the claims are based on the same specific contractual relationship of which these GTC form part.
No failure or delay on the part of HAE in exercising any right will constitute a waiver of this right and must not be construed as such. The same applies to the partial exercising of a right, which does not preclude the further enforcement of this right.
These GTC are governed by the law of the Federal Republic of Germany to the exclusion of the UN Convention on the International Sale of Goods. The wording of the German version of these GTC has precedence for their interpretation.
The place of jurisdiction for all financial disputes that result directly or indirectly from this contractual relationship is Leipzig, provided that the User is a registered trader. Any provisions regarding exclusive jurisdiction remain unaffected.
Should any of the individual provisions of the GTC be wholly or partly ineffective, this does not affect the validity of the remaining provisions. The relevant legal provisions then apply in place of the ineffective or missing provisions.