The names and contact details of the current authorised B. Braun representatives can be found on the “Publication details” page of the AAC website.
2. Key information about the platform
The portal can be reached via www.aesculap-academy.com and other country-specific domains. The Aesculap Akademie GmbH portal provides a country-specific overview of the range of continuing education courses offered by Aescluap Akademie GmbH for doctors and medical professionals in hospitals and practices, as well as hospital management. Site content is regularly updated by the editorial staff. Aesculap Akademie GmbH reserves the right to modify the services offered by the platform, or to offer different services. Aesculap Akademie GmbH assumes no liability for content (legal validity, accuracy, completeness) provided by users, customers and partners. Key information about the site and its services:
1. The website is a platform offering a range of courses for doctors and medical professionals in hospitals and practices, as well as hospital management.
2. A usage fee is not charged, Aesculap Akademie GmbH reserves the right to post advertisements or banners on the website.
3. Membership is free of charge and non-binding.
Site authentication involves entering a user name and password (login details), which you choose yourself during the registration process.
3. Contract conclusion and services
3.1 Identification, registration and access to the portal
Using the AAC website in part requires your prior registration and the allocation and activation of the required login details, including the password in particular. Your identification and registration is free of charge.
You additionally assure that the personal information provided during your registration, in particular the first and surname, mailing address, area of specialisation and e-mail address are true and accurate. You are required to immediately declare any changes to your information.
3.2 Use of the login details, access to the AAC website
You access the personalised content and services of the AAC website by entering your login details on the respective login screen.
The login details are intended exclusively for your personal use. You are not permitted to forward the details, especially your password, to third parties – including family members and colleagues. You must keep the login details, the password in particular, secret at all times and also prevent unauthorised use of the AAC websites by others. We ask that you immediately contact Aesculap Akademie GmbH if you become aware of any misuse, or suspected misuse of your login details. Aesculap Akademie GmbH has the right to immediately suspend access to the AAC websites in the event of misuse or suspected misuse. You are liable for the consequences of third-party use if you are accountable for the misuse of the login details. You are specifically already accountable for the misuse if you facilitated the unauthorised use of the login details even as a result of negligence. Liability shall only cease once you have informed Aesculap Akademie GmbH about the unauthorised use in writing (see “Publication details” for contact information), and, if necessary, have changed the password.
3.3 Termination and suspension of access rights
3.4 Free services, e-mail messages
3.4.1 Access to contents After successful identification and registration, you gain access to diverse free content in the "My Academy" section of the AAC website. Details about the free sections are provided in explanations on the portal.
3.4.2 E-mail messages
The AAC website provides the customer with free e-mail messages. To receive these e-mails, you are required to provide an e-mail address that is used by you, and/or an e-mail address that is personally assigned to you for your exclusive use. Providing other e-mail addresses, specifically those of others, is not permitted. A link provided under "My Academy" is used to unregister selected e-mail messages.
Should you experience technical or other difficulties, please e-mail technical support at email@example.com at logout.
4.1 Confidentiality of login details
Your login details are intended exclusively for your personal use of the site services, and must therefore be treated confidentially.
4.2 Purpose of use
You should use the course-specific and other content solely for the purposes of your own continuing medical training.
You should use and/or participate in the provided forums, blogs and other services solely for the purpose of exchanging opinions and experiences with other registered users.
4.3 Online posting of materials by the user
When participating in forums and blogs in particular, it is possible to upload your own materials (e.g. photographs, texts, etc.). You are solely responsible for the content of these materials. In connection with your materials, you shall comprehensively indemnify our bodies and employees from any potential third-party claims, in particular in connection with breaches of copyrights, design patents, trademarks and/or privacy rights. Moreover, you assure that the contents of the materials do not violate applicable law. Aesculap Akademie GmbH reserves the right to interrupt the online posting of your materials if the suspicion arises for a violation of third-party rights or a violation of applicable law, and is not required to review your materials for any potential violations of this nature or other purposes.
Notwithstanding the above provisions, Aesculap Akademie GmbH reserves the right to delete your materials after a set notice period has expired.
5. Use of content and usage rights
You are authorised to use the contents of the AAC website exclusively for the purposes of your own medical professional activities, for your own continuing education and to exchange opinions and experiences with other registered users. Commercial activities, in particular offering services or goods on the AAC website, systematically collecting and summarising contents, regardless of whether these are posted by the website host or by other users, as well as transmitting such content or summaries to third parties, are not permitted. Any other utilisation or publication of content from the AAC website that is compensated by third parties is not permitted unless previously approved in writing by Aesculap Akademie GmbH.
Registration does not automatically entitle you to use the AAC website. We do not guarantee the availability of the platform, the backup of the contents or the functional suitability and compatibility of systems and software. We reserve the right to modify or shut down the AAC website in full or in part, temporarily or permanently.
You grant us a royalty-free, non-exclusive usage right to the content posted by you (articles, comments, votes, evaluations, etc.), unrestricted in terms of territory, period of time or content. This specifically includes the right to publish content for advertising purposes, including excerpts or abridged versions of said content, without providing the user name on the AAC website or in other media.
6. Responsibility for content, deletion of content
We do not assume responsibility for the topicality, accuracy, completeness or quality of the content posted by users on the AAC website. You are solely responsible for any content that you post, just as other users are solely responsible for the content that they post.
We do not provide medical or treatment-related advice or recommendations on the AAC website, nor advice or recommendations of any other nature. Any editorial summaries or compilations provided regarding user-posted content are merely for compilation purposes; the respective user continues to be responsible for these contents in accordance with the previous paragraph.
We do not assume responsibility for the contents of websites linked to by users or websites linked to the AAC website. Should we become aware of legal violations on linked websites, we will immediately remove the links concerned.
Please ensure that your selection of a user name and the content of your articles, including any links to other internet sites, does not violate legal prohibitions, morality and the rights of third parties (trademarks, copyrights, data privacy rights and privacy rights, etc.). If your selection of a user name or the content of your articles, including any links to other internet sites, violates legal prohibitions, morality or the rights of third parties, and you are accountable for this, you are liable to Aesculap Akademie GmbH for all damages resulting from said violations. In these cases, you are required to indemnify Aesculap Akademie GmbH from any potential third-party claims arising from these violations, including any resulting legal defence expenses.
7. Copyrights, licensing rights and trademarks
The website design and its texts, images, graphics, layouts, sounds, animation, videos and databases are protected by copyrights, or are subject to other statutes protecting intellectual property. Unless otherwise indicated, these rights are assigned to Aesculap Akademie GmbH.
The range of services offered by Aesculap Akademie GmbH on the website may not be interpreted in such a way that this results in a transfer by default, estoppel or otherwise, of a license or title to the copyright, patent, trademark or other intellectual property right of Aesculap Akademie GmbH or a third party.
Unless otherwise indicated, all brands used by the platform are protected by trademark. This specifically applies to company logos and brands.
8. Data backups
The user is individually responsible for regularly backing up information they regard as relevant against loss, damage and modifications at a technical level commensurate with the importance of the information.
9. Data protection and storage
Special regulations for free services, discussion forums, expert advice and data loss:
Sections 599, 600 BGB [German Civil Code] apply with respect to the free contents and free newsletters if damages arise in connection with the use of the AAC website or the receipt of the newsletters.
If you post content to discussion forums, or provide advice as an expert for a particular field of specialisation, you are personally and exclusively responsible for these contents. In this regard, Aesculap Akademie GmbH merely provides the technical medium and is not responsible for the accuracy, correctness or reliability of these contents. In particular, Aesculap Akademie GmbH is not liable for losses or damages that are incurred by relying on such information. If damage is the result of loss of data, Aesculap Akademie GmbH is not liable for this, regardless of any possible involvement, if the damage would have been avoided by a proper, regular and complete backup of all relevant data on your part (see above).
Aesculap Akademie GmbH is otherwise liable for damages that are the result of intent or gross negligence, of the absence of a guaranteed condition of a deliverable, based on culpable violations of material contract obligations (so-called cardinal duties), the consequence of a culpable violation of health, life or limb, or for which liability is established in accordance with the product liability laws, pursuant to the statutory regulations. Cardinal duties are those contractual obligations that must be fulfilled to properly execute the underlying contract intentions, and whose compliance the contract partner may regularly rely on, and the violation of which would threaten the attainment of the contract purpose.
If a cardinal duty is violated, liability is limited to such damage that may arise, and must be typically expected and anticipated as part of providing services, such as the service provided under the contract, provided the damage is merely based on slight negligence and does not affect life, limb or health. Liability for Aesculap Akademie GmbH and its vicarious agents is otherwise excluded, regardless of legal reason.
An objection is regarded as a termination of the agreement. Upon receiving the objection, Aesculap Akademie GmbH shall grant you a period of 14 days during which you can download or delete your posted content, etc. Access is irrevocably blocked and deleted after this period expires.
12. Jurisdiction, applicable law
Melsungen is the exclusive jurisdiction for all disputes arising from the use of the AAC website, if the user is a businessman. The laws of the Federal Republic of Germany shall apply exclusively.
13. Final provisions
Any amendments or additions to this contract must be made in the written form. This also applies to any agreement to waive the requirement for the written form.
If this contract or any individual provisions therein is ineffective or incomplete, this shall not affect the effectiveness of the remaining provisions. The ineffective or incomplete provision shall be replaced by a provision which comes as close as possible to the desired economic purpose of the original.
Authorisations and rights arising from this contract cannot be transferred to third parties, with the exception of a transfer to an affiliated company, within the meaning of Section 15 AktG [Stock Company Act], within the B. Braun Group.
The law of the Federal Republic of Germany shall apply.
The exclusive jurisdiction for all claims from and in connection with this contract is the District or State Court competent for Tuttlingen.