Legal Statement
Terms of Use for ACCU-CHEK® Academy
ACCU-CHEK Academy (the “System”) is a web-based software service with online features (the “Online Functionality”) You, or the entity on whose behalf you are using (the “User”) the System represent that you will be legally bound to Roche Diabetes Care GmbH, [click here for registration details] (“Roche”) for using the System pursuant to the following terms and conditions and license (the “Conditions of Use”). The System is not meant to be used by minors without the approval of their legal guardian.
1 SCOPE OF CONDITIONS OF USE
1.1 The scope of the Conditions of Use is the System comprising the Online Functionality. The Online Functionality comprises a website based server hosted system accessed by User via the internet.
1.2 User shall use the Online Functionality solely for information and training purposes and to manage and store information (e.g. training material) to the extent necessary for use and storage within the Online Functionality (the “Purpose of Use”).
1.3 User shall cooperate with Roche, and shall render all reasonable assistance requested by Roche, to assist Roche in preventing and identifying any use of, or access to, the System in violation of the Conditions of Use or violation of applicable laws.
2 THE ONLINE FUNCTIONALITY
2.1 User will need to use services of a third party internet provider to be able to use the Online Functionality.
2.2 Roche grants to User a limited right to use the Online Functionality and agrees to provide limited data hosting services to User, each without extra charge but subject to the Conditions of Use. Roche is entitled to terminate the Online Functionality at any time.
3 LIMITATION OF WARRANTY FOR THE ONLINE FUNCTIONALITY
3.1 Roche has no duty to remedy any failure of the System or the Online Functionality.
3.2 The content of the System is intended only as a guide to assist User in developing a comprehensive policies, processes and procedures manual. It is an optional auxiliary tool.
3.3 Roche makes no representation or warranty that by utilizing the information contained in the System, User will be in compliance with all applicable laws or regulations, nor is the System intended to be used for purposes of ensuring compliance.
4 DATA PROTECTION AND THE ONLINE FUNCTIONALITY
4.1 By creating an online account for the Online Functionality, certain data, including possibly personal data, that User has inputted during creating an account will be transferred over the internet and stored by Roche.
4.2 Once User creates an online account with the Online Functionality, User will create a password. User is solely responsible for maintaining the confidentiality of User’s password and for all activities that occur under User’s password. User may change User’s password any time using the appropriate online functionality.
5 PROPRIETARY RIGHTS
5.1 All right, title and interest including, but not limited to, copyright, trademarks and other intellectual property rights in and to the System are owned by Roche and its licensors. Roche retains all rights not expressly granted herein and User’s rights to use the System are limited to the Conditions of Use. User shall not remove any product identification, trademark, copyright, confidentiality, proprietary or other notices contained on or within the System.
5.2 User shall not: (i) access or use the System beyond the Purpose of Use, and/or (ii) modify, adapt, translate, reverse engineer, decompile, disassemble or otherwise reconstruct or discover any source code or algorithms of the System except as technically required to secure the Purpose of Use after consultation with Roche or as otherwise permitted by mandatory law.
6 LIMITATION OF LIABILITY
6.1 Irrespective of the cause of action, Roche’s liability shall be limited to damages caused by Roche, its employees or subcontractors due to willful misconduct, gross negligence or, in case of a violation of an essential duty, simple negligence. Duties are being considered essential if necessary for the due execution of the Conditions of Use so that User can regularly expect proper observation.
6.2 If Roche is held liable for simple negligence under Clause 6.1, Roche’s liability shall be limited to those typical damages that were reasonably foreseeable at the time the Conditions of Use were agreed upon, at the latest at the time of the violation of a duty.
6.3 Roche’s liability for any damages caused by the breach of a specific warranty (Garantie) or for damages to be compensated under the Product Liability Act and for damages due to loss of life, injury or prejudice to health remains unaffected. For the avoidance of doubt, Roche issues such specific warranties only in written form signed by its managing directors.
7 TERMINATION
7.1 Roche may terminate the Conditions of Use any time by stopping the offering of the System or the Online Functionality. User may terminate this Agreement at any time simply by closing the account when logged in.
7.2 Upon termination Roche will delete, block or irreversibly de-identify the User’s data, as required by applicable laws. In any event, the User will no longer be able to access such data.
8 MISCELLANEOUS
8.1 Roche reserves the right to change the System.
8.2 If any provision of the Conditions of Use is invalid or unenforceable under any applicable laws, the remaining provisions shall not be affected in any way. The provision that is unenforceable or that contains a gap will be deemed replaced by such enforceable and gap-free provision as the parties would reasonably have agreed if they had been aware of the defect.
8.3 The Conditions of Use shall be governed by the laws of Germany; the application of the UN Convention on Contracts of the International Sales of Goods is excluded.