TERMS AND CONDITIONS OF USE
Please, read these conditions cautiously before using the OPTODIAG Workshop-Online-Portal. Using OPTODIAG services, you agree that these terms and conditions will bind you.
The User with this confirms that he is an entrepreneur that/will use OPTODIAG SERVICES and the data contained in it exclusively for the operation of its business and only within the scope specified in these Terms and Conditions of Use.
Data protection
We are using the hybrid encryption protocol Transport Layer Security (TLS), more well-known under the predecessor's name Secure Sockets Layer Software (SSL), to secure data transmission on the Internet. This software encrypts the information that you conduct. All data-protection-relevant information (such as name, address, credit card number, bank code number, bank account number, etc.) is saved in encrypted form in a protected database.
Communication
OPTODIAG will interact with the customers electronically, in various ways, but principally by email. For contractual expectations, the User allows to receive electronic communication from OPTODIAG and accepts that all consent, notifications, announcements, and other communication sent by OPTODIAG do not require the written form unless applicable legal regulations expressly require another form of communication.
Accounts
The User shall be responsible for securing their account and password's confidentiality and limiting their computer access. Insofar as is permitted under the law allows for all activities carried out using their account or password. In particular, the User shall be obliged to use the data obtained in this way and the Optodiag portal login data only for the purposes specified in these terms of use and not pass these on to third parties. They should take all steps to ensure that their password remains hidden and is kept secure. Suppose the User suspects that his/her login data have become known to a third party or that a third party has got unauthorized access to the service. In that case, he/she is obliged to inform OPTODIAG of this directly in writing. In that matter, the User shall change his/her login data without pause.
Confidentiality
The User undertakes to treat as secret all property (e.g., software, documents, information, user interface, and software guidance) that is legally protected or contains marketing or operational secrets or are marked as private, which the User receives or becomes aware of before or during the fulfilling of the contract, even after the completion of the agreement, unless they are made public without any breaches to the confidentiality obligation. These involve, in particular, the prices contained in the Optodiag portal. The User shall keep these details safe and secure so that third parties' unauthorized access is ruled out. The User shall only make private information available to its company representatives or other third parties who need to carry out their tasks. The User shall instruct these persons to keep this information confidential.
Responsibility
We strive to ensure that the Optodiag portal is available without a break and that transmissions occur without error. However, this cannot happen guaranteed due to the Internet's nature. Your access to the Optodiag portal may at times also be interrupted or restricted to allow maintenance, servicing, or the installation of new facilities or services to be carried out. We try to limit each of these temporary interruptions or restrictions' frequency and duration. Optodiag shall accept responsibility without limitation, insofar as the cause of damage is due to the willful or grossly negligent breach on the part of Optodiag or a legal representative or vicarious agent of Optodiag.
Furthermore, Optodiag shall accept liability for minor negligent breaches of primary duties that jeopardize the contract's purpose. Honoring this is required to properly execute the agreement, which users generally expect to have complied with. In this case, however, Optodiag shall only be liable for foreseeable damages typical of the contract. Optodiag shall not be held responsible for slightly negligent breaches of duties other than those specified above. The above limitations of liability shan't apply to injury to life, limb, and health, for a deficiency after taking out a guarantee for the properties of the product, and in the event of fraudulent concealment of defects. As Optodiag liability is excluded or limited, this shall also apply to employees, representatives, and vicarious agents' liability.
Force majeure
Optodiag shall not be required to accomplish the contractual responsibilities in the event of and for the duration of force majeure. In particular, but not exclusively, technical problems with the Internet, which either Party cannot influence, are considered force majeure.
Changes
Optodiag keeps the right to revise or update these terms of use, which form the subject matter of this agreement, at any time without having to provide separate notification to the User. The last version of the terms of use will found on the Optodiag online portal at all times.
Protection Clause
If a verdict of these terms of use should be, or become, invalid or inoperable, this shan't affect the validity of the other provisions of the terms of use. The invalid or impracticable provision shall agree to have been replaced by a provision that follows, as closely as possible, the commercial purpose of the invalid or ineffective terms.