Terms of Service


  

PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

WerfenLife, S.A. (“Werfen”) welcomes you to the Werfen Academy site https://academy.werfen.com (the “Site”). Werfen is a Spanish company, duly registered with the Commercial Registry of Barcelona, holding tax Identification number A-08754111 and with corporate address at Plaza Europa 21-23, 08908 L’Hospitalet de Llobregat, Barcelona, Spain. You can contact us by phone at +34934010101 or by email at werfen-communication@werfen.com.

The Site provides an e-learning platform for users to access Werfen educational courses and operator training content (the “Services”). Access and use of the Services requires the prior registration as a member of the Site, as explained more in detail in section “Registration and Use of the Site and Services” below.

The Site is intended for entities and individuals pursuing a commercial or professional activity only. Therefore, by accessing the Site and using the Services you warrant and represent that you are not a consumer. Children under the age of 18 cannot create an account through our Site and should not submit any information to us.

Werfen may revise and update these Terms at any time. Your continued use of the Site or Services will mean you accept the revised Terms. Should a substantial modification of these Terms take place, you will be asked to choose between expressly accepting the revised Terms or cease using the Site and the Services.

These Terms were last updated on February 12, 2019.

Registration and Use of the Site and Services

The Site is composed of two main sections:

Public section

This section contains general information on Werfen Academy and Werfen Educational courses.

Restricted section

This section includes courses and contents specifically addressed to health professionals, such as educational content and operator training e-learning courses.

Access to this section is conditioned to the prior registration as a member of the Site (“Member”), which is not subject to the payment of any fee. Members must provide the following minimum information to create a Werfen Academy account: Username, First Name, Last Name, email, password, job title, department, name of hospital, business and postal code. If you do not register as a Member, you will not be able to access courses and contents. Members should notify Werfen any changes to their personal data to ensure that the information in Werfen’s files is always up-to-date.

Account Security

You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Werfen will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Limitations on Use

Werfen grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel, articles, information and all other protectable content available through the Site (the “Proprietary Materials”) are Werfen’s property or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials are reserved by Werfen. Unless you have Werfen’s written consent, you may not copy, reproduce, sell, publish, distribute, display, retransmit, modify or otherwise provide public access to the Proprietary Materials received through the Site to anyone except for your personal non-commercial use. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another web site or service, without our prior written consent. You agree not to post any content from the Site to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent. Notwithstanding this limitation on posting content, you may post links to news, general information and events made available to you through the Site on your personal social media accounts (for example, Twitter®, Facebook®, LinkedIn® platforms) without our written consent. Any posts you make to your social media accounts are subject to the terms and policies of the respective social media platform and it is your responsibility to comply with these terms and policies. Please note that some links may resolve to sites or Services that will require a Werfen Academy account.

Conduct

User undertakes to use the Site and the information contained therein with due standard of care and to comply entirely with applicable legislation and these Terms.

We reserve the right to terminate your Member status or prevent you from using the Site if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct.

You may not:

  • Upload, post, transmit to other Members or users of the Site, or employees of Werfen, by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Impersonate any person or entity, including another Member or user of the Site, or employee of Werfen, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
  • Upload, post, email, transmit to other Members or users of the Site by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  • Upload, post, email, transmit to other Members or users of the Site by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  • Upload, post, transmit to other Member or user of the Site by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
  • Upload, post, email, transmit to other Members or users of the Site by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  • Attempt to interfere with or disrupt our servers or networks or the Services provided to you;
  • Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
  • "Stalk" or otherwise harass another; solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user's account without his or her consent; and/or
  • Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.

Information Available Through the Site and Services

This Site and/or the Services may contain information about products, programs, events or resources that may not be available in all countries and that is subject to change. Even if available, the governmental approval or market clearance received for a product in one country may be for a different use or indication, or subject to different restrictions than in another country. Every country has specific laws, regulations, and practices that may govern the communication of information about medical/diagnostic products over the Internet. No information contained on the Site or made available through the Services should be construed as a solicitation for, or promotion of, any product or the use of any product that is not authorized by the laws and regulations of the country where you reside.

The information on this Site and/or made available through the Services is provided for educational purposes only.

Disclaimers

YOU USE THE SITE AT YOUR OWN RISK. WERFEN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WERFEN SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WERFEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN WERFEN WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

 

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT WERFEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WERFEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL WERFEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO WERFEN. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Third Party Web Sites

We may link to or promote web sites or services from other companies. You agree that Werfen is not responsible for, and does not control, those websites. Werfen encourages you to be aware of this when you leave the Site, and to read the legal notices and privacy policies of each and every website you visit. Your use of a third-party website will be subject to such third-party’s terms of use and privacy policy.

Should you wish to include in a site (the “Linking Site”) a link to the Site, you shall necessarily obtain prior, express and written consent from Werfen. In any event, the authorization granted does not mean that Werfen endorses, promotes, guarantees, supervises and/or recommends the content and/or services of the Linking Site nor is liable for its content. The Linking Site shall comply with the law in force and shall not, in any way, house content of its own or of third parties that is unlawful, harmful or contrary to morals and good manners (pornography, violence, racism, degradation, etc.). In the event of infringement of any of the above-referred terms, Werfen shall, immediately, revoke consent granted to the Linking Site, who shall delete the said link.

 

 

Governing Law and Choice of Forum

You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of Spain, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate court located in Barcelona, Spain.

Miscellaneous Terms

Werfen may assign its rights and obligations under these Terms. These Terms will inure to the benefit of Werfen’s successors, assigns and licensees.

The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right.