Disclaimer - OTC Foundation

Disclaimer

General Terms and Conditions for using the Web Platform of Osteosynthesis and Trauma Care Foundation (OTCF)

 

1. Preamble
1.1   OTC Foundation (hereafter called “OTCF”) is a Swiss, worldwide, non-profit, organization to undertake, support and promote the global advancement of osteosynthesis and trauma care through, without limitation, education, training, research, scientific study, symposia, publications, best clinical practices and related humanitarian activities.

1.2   OTCF operates under the top-level domain (www.otcfoundation.org), as well as various sub-domains and aliases of these domains representing OTC Chapters. The OTC Chapters operate all with the same generic domain (www.country.otcfoundation.org).

1.3   The OTCF provided services are mainly provided to Health Care Professionals (hereafter called “HCPs”).

1.4   All websites on which OTCF provided services are hereinafter referred to as the “OTC Alliance”. Irrespective on which domain the user (hereafter also called “you”) are logged on, you will always be registered to the OTC Website.

 

2.  Definitions and Categories of OTC Chapters (including AIOD and FOT Chapters)

OTC Alliance

means the global network of OTCF including all Chapters with its members

Fully adhered OTC Chapters:

Chapters having fully adhered to OTCF (see Chapters list on www.otcfoundation.org). These Chapters allow membership administration through this Web Platform.

Affiliate OTC Chapters:

Chapters with membership administration, independent of this Web Platform.

OTC International Chapter:

Reserved for HCPs working in a place not covered by any OTC Chapter.

 

3.   Purpose of the Agreement

3.1  You enter this Agreement as well with OTCF as with the OTC Chapter (hereinafter OTC Chapter means “fully adhered OTC Chapter” or “OTC International Chapter”) of your place of work. This Agreement sets forth the General Terms and Conditions (hereafter called “GTC”) governing the relationship between the Parties. Additional contact information, governance as well as the name of the authorized executive bodies of OTCF can be found under the ABOUT section of this website.

3.2  By completing the registration process you agree to pursue OTCFs mission statement and to comply with all professional standards, guidelines and all applicable laws, rules and regulations, and other relevant authorizations or approvals required.  You accept these GTC and abide specially but not limited by following regulations and forms published on www.otcfoundation.org.

a)  Code of Conduct of OTCF

b)  Per Diem and Reimbursement Policy of OTCF

c)  The OTCF Due Diligence Checklist

3.3   The agreement takes effect with the successful completion of the registration process.

3.4   OTCF may revise these GTC when applicable.

3.5  Once a Member of OTC Chapter, you understand that by logging into the OTC Web Platform anytime thereafter you continue to accept the latest version of these GTC.

3.6  Should OTCF issue additional guidelines and provided they were communicated to you, these guidelines form a part of this agreement.

3.7  Any use of the services and contents offered on the OTC Web Platform beyond the scope of options provided by OTCF requires the prior written consent of OTCF.

3.8  The OTC Web Platform offers registered users two membership options:

a)   A free membership called “Associate Membership” and

b)  A paid membership called “Full Membership”.

 

4.   Associate Membership

4.1   You register yourself for free.

4.2   It allows:

a)   Access to static content on OTC Web Platform and Chapter Country micro-sites,

b)  Course registration through the OTC Web Platform,

c)   To search member profiles via name, location and specialty (without contacting this person),

d)   Access to OTCF news and events

 

5.   Full Membership

5.1   The registration fees are due annually upon request for becoming or extending the “Full Membership” and amount to Euro 50.-.The registration is done by E-Payment only. Parts or the entire membership fee can also be purchased with corresponding Vouchers.

5.2   It allows:

a)   Access to static content on OTC Web Platform and Chapter Country micro-sites,

b)   Course registration through the OTC Web Platform,

c)  To search member profiles via name, location and specialty and to contact this person,

d)   Access to OTCF news and events,

e)   You to apply for education fellowships through the OTC Web Platform,

f)   You to apply for research fellowships through the OTC Web Platform,

g)   Can apply for research grants through the OTC Web Platform,

5.3   By using this payment method you abide by the OTC Chapter regulation and relevant OTCF regulation. The “E-Payment” shall substitute a required wet signature.

 

6.   Registration, Representations and Warranties upon Registration

6.1   You must register prior to using any of the interactive services on the OTC Web Platform whether you endeavor to become an Associate (free) or Full (paying) Member.

6.2   You are entitled to register with OTC only once, and you may only establish one (1) user profile.

6.3   It is technically impossible for OTC to determine with certainty whether any user registered with OTC is in fact the person he or she represents to be. Therefore, OTCF assumes no liability for the actual identity of a user. Each user is solely responsible for checking the actual identity of another user.

 

7.   Obligations of the User

7.1  You shall:

a)   Warrant and represent that you are an academic HCP or scientist,

b)   Upon registration choose a password and you are obliged to keep this password secret. OTC shall not ask for the User’s password at any time,

c)   Comply with all applicable legislation and respect all third-party rights,

d)   Warrant that all of the data provided for registration is accurate and complete,

e)  Warrant that the public display of your photographs to the OTC Web Platform is not prohibited,

f)   Adjust on the OTC Web Platform any changes in the registration data in due time,

g)   Report any activities of any other user which violates applicable laws and/or any of the terms and conditions of these GTC.

7.2   You shall not:

a)   Provide untrue or misleading statements in the User profile and in communications with other users,

b)   Use pseudonyms or pen names,

c)   Post photographs in which you cannot be clearly and plainly recognized,

d)   Upload in your user profile any photographs or images of any other person than you,

e)   Upload in your user profile any photographs that contain company logos other than OTC Chapter Logos,

f)   Use any insulting or defamatory contents, regardless of whether said contents are directed at another user or OTC personnel or other companies,

g)   Use any materials or any contents that violates any applicable legislation specially for the protection of patients or minors,

h)   Unreasonably annoy (particularly with spam, chain letters etc.) or harm any other user,

i)   Use without authorization any contents protected by law (e.g. by copyright, trademark, patent, utility patent, or design patent laws),

j)   Advertise, promote, offer or distribute any goods or services or promoting any of such activities,

k)   Employ any mechanisms, software or scripts when using OTC Web Platform. However, you may use the interfaces or software provided by OTC Web Platform within the scope of the services available on it,

l)   Block, overwrite, modify and copy any contents of the OTC Web Platform (for example using “Robot/Crawler” search engine technology), unless said actions are necessary for the proper use of the services on it,

m)   Distribute or publicly disclose the contents on any site of the OTC Web Platform,

n)   Perform any actions which may impair the operability of OTCF’s infrastructure, particularly actions which may overload said infrastructure.

8.   Obligation of OTCF

8.1   Data and/or information provided by the users for other users shall only be made available by OTCF if this data and/or information do not violate any laws and regulations.

8.2   OTCF reserves the right to remove any data or information from OTC Web Platform which is illegal or prohibited or which does not meet the ethical standards or aims of OTC.

8.3   OTCF reserves the right to remove members that breach any obligation set forth in article 7 (see also the article 15.5 hereafter).

 

9.   Warranty of OTCF

9.1  The User acknowledges and agrees that it is technically impossible to achieve 100 percent availabilty of the OTC Web Platform.  OTCF shall nonetheless endeavor to keep OTC Web Platform available without interruption.

9.2  Notwithstanding article 9.1 OTCF reserves the right to interrupt, restrict or discontinue, delay any or all of the functionality of this site or to change its content at any time without prior notice, and does not assume any responsibility to update it.

9.3  OTCF does not give any warranty as to the precision and the reliability of any information provided by third party individuals or institutions via this Web Platform. Information and materials provided on the Web Platform by third party individuals or institutions under their name are their own opinions and statements and not opinions or statements of OTCF.

9.4  OTCF does not make any warranties or representations regarding any data and/or information provided or made available by any user on the OTC Web Platform or on any external websites linked to them. In particular, OTCF does not warrant or represent that said data and/or information is true or accurate, or that it fulfills or serves any particular purpose.

9.5  OTCF does not give any warranty as to the security and confidentiality of any Internet transmission, and the OTCF declines any responsibility in case of direct or indirect damages due to connection to this website or due to utilization and connection with other websites that are linked thereto.

9.6  This Web Platform may contain information related to medical procedures to be applied by qualified and certified medical professionals. Such information is for general interest only and is not meant to be a substitute for advice provided by a physician or other medical professional.

9.7  OTC merely provides you a platform on which to establish contact with other users, and only provides those technical applications that allow users to contact one another. If users enter into agreements with one another by the OTC Web Platform, OTC shall not be a contracting party to these agreements. The users alone are responsible for the execution and/or fulfillment of agreements in which they enter with one another.

9.8  OTC Web Platform “Super Administrators” and/or Country Chapter Site Administrators moderate content and are entitled to choose their members. They may freely choose whether or not an applicant may adhere to OTC Chapter and OTC Web Platform.

 

10.   Changes of the Services – Customer Service and Support

10.1   OTCF reserves the right to modify the services offered on the OTC Web Platform and/or to offer services different from those offered at the time of your registration at any time.

 

11.   Liability of OTCF

11.1   To the extent permitted by law, OTCF shall not be liable for direct, indirect or consequential damages, such as loss of income, savings not realized, third party claims or loss of data caused by the use of the OTC Web Platform.

 

12.   Data Protection

12.1   OTC is particularly sensitive in handling data provided by you. OTCF shall comply with applicable legal provisions regarding data protection in Switzerland and the European Union (Swiss Data Protection Laws, European Data Protection Directives).

12.2   OTCF reserves the right, to collect qualitative data via coding, authorized member interviews and log files, for private and internal marketing analysis and university study publication only. Detailed information shall remain anonymous and shall remain private to the internal marketing department of OTCF and shall not be sold to any third parties. Qualitative data shall only be collected from members who previously provide consent.

 

13.   Intellectual Property Rights

13.1 OTCF is the owner of all content of this website including but not limited to texts, images, logos, graphics and illustrations.

13.2  Notwithstanding any separate agreements OTCF grants you a licence to use the content of this Web Platform to fulfill the aim of OTCF. In return you grant OTCF a licence to use content you upload on the Web Platform for any services helping to fulfill the aim of OTCF.

13.3  OTCF is authorized to audiotape, videotape or otherwise record all educational and research content delivered and to utilize the same for education, training and development programs of the OTCF.  The OTCF may use these materials via internet and/or CD-ROM for educational purposes only.

13.4  Both parties agree that they transfer to each other all Intellectual Property Rights that arose from their contractual relation and that are essential to fulfill their agreement. No other Intellectual Property Rights shall be transferred.

 

14.   Special Term for using the OTC blog

14.1   OTCF provides you a blog. Because all your postings are external communication and public we ask you to keep the following rules in mind.

14.1.1   This section applies to you as participant of a course if you have successfully registered and purchased an OTC Course online via the OTC Web Platform.

a)   On-Topic discussions only
Social Media postings should not include discussions unrelated to the OTC Alliance.

b)   Fair and balanced
Any postings or comments discussing must remain fair and balanced.

c)   Truthful and not misleading
Do not post statements that are not supported by substantial evidence or that fail to present all relevant data and context.

d)   Adds Value
Content added should be helpful to the OTC Alliance as well as to HCPs who might be interested in joining the OTCF.

e)   Two-way communication
Persons selected to post on behalf of the OTCF must be prepared to respond to posts, answer questions, in a timely fashion, which is often immediate.

f)   Moderation
Each Local Country Chapter administrator will serve as the Moderator for their country chapter’s blog. Moderating blogs involves approving user-generated posts before they are published live to the web platform.

g)   Types of comments that will be rejected:
Comments that disclose any identifiable information about HCPs or patients. Any content universally considered ugly, offensive, defaming or completely out of context or off topic.

h)   Identification
Any person blogging must identify themselves accordingly.

i)   Do not pick fights
Protection of confidential information

j)   j) Anyone can see your postings and it will stay on the internet forever. Therefore never discuss proprietary information about OTCF, affiliates or sponsors. Be respectful

k)   k) Always express ideas and opinions in a respectful manner.

14.2   Presently, the only people who are authorized to post content on behalf of the OTCF are selected members of the OTCF Staff and Local Country Chapter Administrators representing members of the fully adhered OTF Chapters.

 

15.   Special Terms for Course Registration

15.1   Registration

15.1.1   This section applies to you as participant of a course if you have successfully registered and purchased an OTC Course online via the OTC Web Platform.

15.1.2   The Course fee can also be purchased with official Vouchers.

15.2   Cancellation by the participants

15.2.1   You may send a cancelation of your registration to OTCF by letter, fax or email to the address provided on the OTC Web Platform.

a)   For a cancellation less than two (2) months prior to the course:
50% of your course fee will be reimbursed.

b)   For a cancellation less than (one) 1 month prior to the course:
no course fee will be reimbursed.

15.2.2   The Course fee is only reimbursed if you paid the course via the OTC Web Platform. The worth of an official Voucher is not reimbursed but can be transferred to another person or you can use it on another occasion as long the Voucher is valid.

15.2.3   All other cancellations do not qualify for a reimbursement.

15.3   Cancellations by OTC

OTCF shall be entitled to cancel the Course without cause up to 14 days prior to an event. In such a case the course fees shall be reimbursed totally to the participant. OTCF shall bear no other costs incurred by the cancellation like flight ticket, hotel arrangement and else.

15.4   Insurance and visa requirements

15.4.1   The participant is responsible to an appropriate insurance and to fulfill the visa requirements of the country of the Course venue.

15.5   Miscellaneus

15.5.1   OTCF may use pictures of the participants for illustration the courses and for OTCF brochures.

 

16.   Term and Termination of Membership, Reimbursement of Advance Payments

16.1   Your Membership agreement starts with the successful registration (see article 3.2a)) and shall run for an initial term of twelve (12) months.

16.2   After its initial term, the agreement shall automatically renew for an undetermined duration.
If and when technically possible you will be informed in due time by email about the extension and you will be able to decide whether or not you wish to continue being a “Full Member” of OTF Chapter and the OTC Web Platform. Shoul you not renew your full membership, you will automatically be downgraded “Associate Member”; of course you will be able to upgrade your account any time.

16.3   You shall be entitled to terminate the agreement at any time without cause for the end of your initial Membership period.

15.4  In the event of termination of this Agreement your profile on the Web Platform will be deleted. Should you wish to have all your data erased from our data base you shall inform OTCF accordingly.

16.5  OTCF shall be entitled to terminate the agreement without cause by providing thirty (30) days notice for the end of your Membership period.

 

17.  Final provisions and Applicable legislation

17.1  Unless otherwhise stated in these GTC, all agreements and notes between the Parties shall be valid by using electronic means such as email, letter or fax.

17.2   If any provision of these GTC is, for any reason, invalid and/or unenforceable, the remaining provisions shall continue to be valid and enforceable to the fullest extent permitted by law.

17.3   This contract is governed by Swiss law.

17.4   The exclusive place of jurisdiction shall be Bern.

 

Bern, June 2018