A Application of the General Terms and Conditions
- These General Terms and Conditions (hereinafter “Terms“) apply to all registered attendees of the Heart Failure eSpace Virtual Conference 2020 held virtually from 11 to 14 July 2020 (hereinafter “eSpace” or “Conference”), organized by the Translational Medicine Academy Foundation, Kanonengasse 28, 4002 Basel, Switzerland, email: email@example.com (hereinafter “TMA“).
- These Terms enter into force for registrations relating to eSpace on 26 May 2020. TMA reserves the right to change, adapt or amend these Terms from time to time at its sole discretion and shall notify registered attendees by appropriate means. The current version of these Terms can always be accessed here.
- You should read this document carefully. These Terms govern your online registration, attendance or participation at eSpace. By registering for the Conference, you agree that you have read and accepted these Terms, agree to be legally bound by them and confirm that your registration is compliant to all laws and regulations applicable to you in your capacity as a registered physician. If you do not wish to be bound by these Terms, please do not register, attend or participate in the Conference.
B Who we are?
- The Translational Medicine Academy is an international non-profit foundation with headquarters in Basel, Switzerland.
- TMA wishes to bring medical findings from bench to bedside and into the working lives of physicians and the care of patients. In seeking to improve therapeutic approaches, TMA appoints an International scientific committee with international co-chairs in order to assess educational needs, define educational objectives and create programs to fill in educational gaps.
C What is the Heart Failure eSpace virtual Conference?
- To make sure the international Heart Failure community keeps abreast with the latest advancements, TMA is developing, organizing and hosting the first Global e-Conference on Heart Failure: eSpace.
- The aim is to organize a new generation of scientific conference, that is Smart, Patient-centered, Accredited, Collaborative and Educative. eSpace will take place between 11-14 July 2020 on a dedicated and secure online platform and be accessible to all physicians world-wide live according to their respective time zone with an innovative interactive virtual conference-like experience.
- For more information on eSpace please visit the TMA Website: http://www.tmacademy.org/event/heart-failure-e-space-global-e-conference/.
- Unless otherwise specified, all presentations, Q&A sessions, discussions and other content of eSpace are in English.
- TMA intends to apply for CME accreditation for eSpace.
D Feedback and Contact
- TMA aims to provide the highest quality of services to you and values your feedback (positive and negative) and your comments. You can address your feedback and comments to firstname.lastname@example.org.
- TMA has done its best to explain things clearly for you in these Terms but if you need assistance in registering for the Conference or have any other questions or problems, please contact us by sending an email, a letter or by calling TMA (Translational Medicine Academy Foundation, Kanonengasse 28, 4002 Basel, Switzerland, email: email@example.com).
- You can register for the Conference via the eSpace registration section.
- You can only register and attend eSpace if you are at least 18 years old and are a registered physician. eSpace is not open to the general public.
- Registration for the live video presentations, discussions, Q&A sessions or other content of eSpace is free of charge (hereinafter “Live Sessions“).
- Registration for all replay functions and CME accreditation is subject to a one-time fee of EUR 95.00 due upon registration (hereinafter “Resource Center Package”). Once you have registered you will receive an email from TMA with the payment details for the registration fee due.
- Following accreditation, registered attendees to eSpace can claim their CME credits and certificate of attendance by accessing the resource center in the conference website. This will require a specific ticket which allows the participant to fill in the evaluation form and obtain its certificate via the participants’ account on the eSpace platform. An email with more information regarding the CME credits that can be claimed will be sent to you after registration and payment of the required fees of EUR 95.00.
- Upon receipt of the payment or free registration to the Live Sessions, TMA will inform you of your admission by sending you a confirmation email. The agreement on the attendance of or participation to eSpace is concluded upon receipt of such email.
- Registration to eSpace is for your own personal use and may not be resold under any circumstances. You cannot register on behalf of a third party.
- Reselling or other unauthorized assignment of your registration, not in accordance with the Terms, will void your registration and you or the purchaser of your registration will not be given access to eSpace. TMA reserves the right to cancel any registration made by any person or body whom TMA reasonably believes to be associated with any reselling or unauthorized assignments.
F Participation and Access Permission to Conference
- You are responsible for having in place the necessary infrastructure (e.g. internet access, internet bandwidth, web-conference applications or any other IT infrastructure) for you to attend the Conference. TMA shall not be responsible or liable if you fail to ensure the necessary infrastructure and cannot attend the Conference, even if you have successfully registered and paid for the Resource Center Package.
- Upon successful registration you will be granted unlimited access to the live Conference including all live video presentations, discussions and Q&A sessions through the eSpace website or platform from 11-14 July 2020. You will also have the possibility to participate in the Q&A sessions and discussions via video or chat functions so you can ask any questions or provide comments in real-time. If you have purchased the Resource Center Package you will, in addition, be able to access all recorded/archived video presentations, discussions and Q&A sessions and other materials through the eSpace website or platform for twelve (12) months after the Conference has finished and you will be able to claim the Certificate of Attendance as described above in Section C of these Terms.
- TMA, in its sole discretion, and without any liability or obligation to refund, reserves the right to refuse registration to or to remove access to the eSpace website or platform for anyone that TMA determines:
- is behaving in a manner that could disrupt, hinder or cause a nuisance to the Conference or to the enjoyment of any other attendee/participant, speaker, chairman or partner at the Conference;
- represents a security risk to the execution of the Conference, eSpace platform or to any person or partner; and/or
- fails to comply with, or is likely to fail to comply with, these Terms.
- You agree to comply with all applicable laws in connection with your attendance or participation at eSpace. Any use of photographic, audio, video or other recording equipment to reproduce or otherwise exploit the video presentations, discussions, Q&A sessions or other content of the Conference that are accessible through your registration on the eSpace website or platform is strictly prohibited.
G Changes or Cancellation of Conference
- TMA will try to make sure that the information on the program, speakers, chairmen topics and dates are correct at the time of publishing on the eSpace website or platform but TMA cannot fully exclude that circumstances beyond its control may necessitate substitutions, alterations, postponements or cancellations to the content, format, themes, speakers, chairmen, timing or dates of the Conference. TMA reserves the right to do so at any time and will not be liable to you for any cost incurred by you as a result.
- TMA will try to notify you in due course of any substitutions, postponements, or changes by posting the updated information on the eSpace website or platform. In the unlikely event that the Conference is postponed, TMA will automatically register you for the new Conference. No refunds will be provided if the Conference is postponed.
- In the unlikely event of cancellation of the Conference, TMA’s liability is limited to the refund of paid registration fees for the CME-Package, and TMA will not be liable to you for any other damage or loss incurred by you as a result of such cancellation.
H Intellectual Property Rights
1 Intellectual Property Rights of TMA
- Neither TMA nor any of the speakers, chairmen, scientific collaborators (endorsers) or sponsors assign, transfer or license to you any copyright in connection with the Conference.
- All intellectual property rights in and to the Conference, the Conference content, and all materials accessible via the eSpace website or platform or in connection with the Conference are owned by TMA. You shall not reproduce or allow anyone to reproduce trademarks or materials accessible by or on behalf of TMA at eSpace for any reason, without our prior written permission of TMA.
- Nothing in these Terms shall vest in you any legal or beneficial right in or to any intellectual property rights owned or used under licence by TMA, or grant to you any right or licence to any other intellectual property rights of TMA.
- All such intellectual property rights shall remain the exclusive property of TMA.
2 Intellectual Property Rights of Registered Attendees
- All content created, shared or provided by you on the eSpace website or platform during the Conference (together hereinafter “Content“), including all intellectual property, privacy, publicity and all rights therein (hereinafter “Intellectual Property Rights“), shall hereby vest initially in and be exclusively owned by TMA. In the event that applicable law, any court, administrative agency or any other adjudicative body determines that the Recordings or any of the intellectual property therein requires a legal transfer or assignment, then you hereby agree to assign and transfer, at no additional cost to TMA and to the extent possible under the applicable law, the complete title to and the Intellectual Property Rights contained in such Content, without limitation throughout the world and for the entire protection period. To the extent legally possible, you agree to waive any moral rights in the Content.
- To the extent applicable law does not permit TMA receiving ownership rights as described in paragraph 32 above, you herewith agree to grant to TMA at no additional cost, a perpetual, unlimited, exclusive, worldwide, irrevocable, royalty-free, fully paid-up licence, to install, use, reproduce, copy, access and make accessible, modify, including the right to use only extracts or prepare derivative works, distribute and make publicly available, with the right to transfer, assign or sublicense such right, through multiple levels of sublicenses, to third parties, but always limited to the marketing purposes in the scope of TMA’s business activities.
I Data Protection
- When you register to participate or attend eSpace, you agree that TMA processes the personal data that you have provided during the registration process such as your name, date of birth, email address, confirmation that you are a registered physician and affiliation, for the purpose of organizing, promoting and executing the Conference. TMA may, for example, create a list of all registered attendees or email distribution lists, which may be made available to all other registered attendees as well as the speakers, chairmen, sponsors and scientific collaborators (endorsers) of the Conference and may contain your personal data.
- TMA does not warrant the completeness, accuracy and actuality of the information, video presentations, discussions, Q&A sessions or any other materials provided and accessible through the eSpace website or platform during the Conference, in particular not the medical information.
- Video presentations, discussions, Q&A sessions or any other materials shared or accessible through the eSpace website or platform in connection with the Conference are intended for information purposes only and should not be relied upon by you or others.
- You acknowledge and agree that views expressed by speakers, chairman or any other registered attendees at or in connection with the Conference are their own and TMA does not accept any responsibility or liability for any advice given or views expressed during or in connection with the Conference.
- To the extent permitted by applicable law, TMA disclaims all warranties or conditions, either express or implied, or any part of them in respect of any aspect of the Conference or any related video presentations, discussions, Q&A sessions or any other materials accessible through the eSpace website or platform. You acknowledge and agree that in accepting these Terms you have not relied on any representation or warranty that is not expressly included in these Terms and you agree that you shall have no remedy in respect of any misrepresentation which has not become a part of these Terms.
- To the fullest extent permitted by applicable law, TMA excludes any liability for any damages, loss, injury, or liability whatsoever suffered out of or in connection with eSpace and these Terms.
- Nothing in these Terms purports to exclude or limit liability for gross negligence or wilful intent or in respect of any liability that cannot be excluded or limited under applicable law.
- You agree to defend, indemnify, and hold TMA and its third-party service providers, respective employees, contractors and directors harmless from all claims, liability, damages, losses, costs and expenses, including legal fees, that arise out of or are related to any breach of the Terms by you or any other liabilities incurred by TMA due to your attendance or participation at the Conference, for example, any content you provide during the Conference or questions you pose during the Conference.
L Force Majeure
- TMA will not be liable if the Conference is, in whole or in part, cancelled, rescheduled or postponed, or for any failure or delay to perform TMA’s obligations under these Terms, if such event results from anything beyond TMA’s reasonable control (for example, natural disasters, flood, fire, acts of terror, war, labor strike, extreme weather, malicious damage, compliance with any law or governmental order, or mechanical, electronic or communications failure or degradation, or any other emergency) or anything else that renders performance of the Conference, in whole or in part, impracticable, illegal or impossible.
- These Terms set out the entire agreement between TMA and you in respect of its subject matter and supersedes any previous agreement or arrangement between TMA and you relating to the same.
- These Terms take effect on the date of successful registration and expire after completion of the Conference or, as the case may be if you registered for the CME-Package, twelve (12) months after completion of the Conference (the “Term“), unless terminated earlier by either Party.
- Nothing in these Terms shall constitute or be deemed to constitute a partnership or other form of joint venture between TMA and you or constitute or be deemed to constitute either Party the agent or employee of the other for any purpose whatsoever.
N Applicable law and jurisdiction
- These Terms are governed by and shall be construed in accordance with the laws of Switzerland under exclusion of the Swiss conflict of laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980.
- For any disputes, controversies or claims relating to the interpretation or the performance of these Terms, the competent courts of Basel, Switzerland shall have exclusive jurisdiction.