Many thanks for your interest in Diagnosia!
The use of this website is subject to the following general business terms and conditions. By using this website, you agree to those terms and conditions. Diagnosia.com is part of Diagnosia Internetservices GmbH (hereafter referred to as “Diagnosia”).
Diagnosia is an independent, privately owned organization and is a registered trademark of Diagnosia Internetservices GmbH, Spengergasse 37-39, A-1050 Vienna.
Diagnosia has integrated password-protected content into this site which is intended for medical experts. Diagnosia.com offers such experts an array of additional Internet-based technical information services of a medical nature. In this manner Diagnosia.com creates links between vendors and experts in the medical field. The subject of these terms and conditions is the creation of a Diagnosia user account for medical experts.
§ 1 Expert User, Registration
Access to password-protected Diagnosia services is limited to legally competent natural persons or legal entities which are members of the medical community, or are currently studying to enter the medical community, as well as employees of the pharmaceutical industry and their vendors (“Expert User”).
Acceptance by Diagnosia as a medical expert is necessary for participation in password-protected Diagnosia content. For this purpose the expert needs to register here http://www.diagnosia.com/de/register filling in the form and answering all questions by Diagnosia both truthfully and accurately. Where necessary, the expert may be asked via email to provide proof, such as a professional certification, that the requirements in paragraph 1 have been met. Proof by the expert user is usually submitted via email, upload or fax.
The expert user is usually advised of acceptance and activation of their chosen password via email. Registration and password activation are free. The expert user has no right to demand acceptance and use of Diagnosia services. Furthermore, Diagnosia reserves the right to withhold acceptance without explanation, or to stop delivering Diagnosia services at any time without notice, specifically for the following reasons:
a. fraudulent information given during registration
b. unauthorized use of password by another person
c. violation of these terms and conditions or misuse of Diagnosia services
Each expert user has the right to cancel his/her registration at any time in writing. In that case all saved user account data will be deleted no later than one month after all pending obligations (such as subscriptions to online studies) have been met by Diagnosia. The password will remain active as long as necessary to meet any contractual obligations.
Registration expires automatically as soon as any of the requirements under paragraph 1 no longer exist. The expert user must inform Diagnosia immediately of such non-existence or expected non-existence in the future. See paragraph 4, points 2 and 3.
Each expert user may register only once. Diagnosia is to be advised of any obsolete registrations. Such registrations will be deleted by Diagnosia.
§ 2 Use of password-protected content
The expert user is required to use the Diagnosia content exclusively for his/her personal purposes und to protect such content from access by unauthorized third parties. The expert user is personally responsible for the consequences of any unauthorized use. The customer holds Diagnosia harmless from any costs and claims that may arise out of any breach of these obligations.
The extent of the password-protected content may vary, depending on the specific specialty of the expert user.
§ 3 Account Emails and Informational Emails from Diagnosia
Account emails
In order to offer Diagnosia content free of charge to expert users, all information concerning expert user data, password and customer account will be communicated via email (“Account Emails”). By requesting activation of a password, the expert user gives his/her consent to these emails. Stopping account emails is only possible through cancellation of membership in Diagnosia.
Informational emails
In addition, Diagnosia informs their expert users of news in the healthcare industry and special offers through the Diagnosia portal via their online newsletter (Diagnosia News). For instance, these emails (“informational emails”) may contain
News of the healthcare industry
New offers through the Diagnosia portal
By acceptance of our general business terms and conditions, the expert user consents to these emails.
The expert user may make changes at any time by alteringing their communication settings through the Diagnosia website in order to limit or totally unsubscribe from such emails, depending on which settings are available. Emails from Diagnosia may contain personal or personalized information (such as personalized links), as well as information that is accessible only to specific occupational groups. For this reason such emails should never be forwarded to a third party.
§ 4 Data Use, Data Protection
Diagnosia takes data protection very seriously. All Diagnosia staff strictly adhere to all currently applicable data protection laws in Germany and Austria as well as the German Multimedia Law and the Austrian Media Law.
Unless other regulations exist in specific cases, personal data of expert users (hereafter “data”) is collected, used and saved only for the purpose of providing Diagnosia services that the user has requested. Diagnosia will transmit data principally only in connection with legal obligations and only to authorized parties. Additionally, and in connection with participation in online studies, Diagnosia® will reveal such data only with the express consent of the expert user.
Diagnosia gathers anonymous visitor statistics that provide information about the frequency of use of specific Internet offers. Commercial usage of such data, in the sense of “selling of data”, is not permitted at Diagnosia.
User data that has been stored on the Diagnosia website can be accessed at any time by the user.
Further details can be found in the Diagnosia Dataprotectionguidelines.
§ 5 Legal Disclaimer
Diagnosia will be liable only for losses incurred through gross negligence unlawfully caused by Diagnosia.
Diagnosia is especially not responsible for damages, indirect or consequential, such as loss of profit that may be incurred by the expert user
a. through incorrect display of user-generated data, such as ads, descriptions of practice or presentation of products
b.through malfunction of Diagnosia services, regardless of cause
c. through errors in data transmission or printer control units as well as data loss or
d. through anything else in connection with the use of the Diagnosia website except where such losses were incurred through intentional or gross negligence on the part of Diagnosia.
According to paragraph 1, point 2, the liability of Diagnosia is limited to typical damages that could have been foreseen by Diagnosia based on information available at the time the service contract was executed. Diagnosia is not liable for lack of economic success, loss of profit, lack of savings, indirect damages, consequential damages and claims of third parties.
The user is responsible for providing his/her own data backups. Diagnosia cannot guarantee the saving of user data or its recovery in case of a Diagnosia site malfunction.
Additionally, Diagnosia is not liable for the breach of any applicable laws on the part of the expert user of Diagnosia services, such as the law against unfair competition (UWG), the information and communication services laws (IuKDG), trademark act (MarkenG) or other applicable laws.
Internet transmission paths are not safe from unauthorized access. That means that technically competent Internet users may be able to access any data, to read it and to work with it. The Diagnosia user bears the risk of this possibility. Diagnosia will not be liable for damages caused by unauthorized access of user data by third parties.
Diagnosia is not liable for connections to Internet backbones.
Website content belonging to the expert user or of any third parties, especially content from websites for which Diagnosia provides links, is the responsibility of the expert user or the outside website owner.
The aforementioned exclusions or limitations of liability expressed to companies and users are waived in cases of express guarantees made by Diagnosia against damages incurred through loss of life, bodily harm, injury to health as well as in cases of contradictory and compelling regulations.
§ 6 Copyright Laws; License Agreements; Trademark Rights
The design of this website, as well as its content- i.e., the source code and the text contained therein, photos, graphics, layouts, sounds and animation, videos and databases etc.- are protected by copyright laws and, unless rights to the content exist on the part of third parties, are for the exclusive use of Diagnosia. Licensing is possible only in writing and cannot be granted electronically. The offering of this website is not to be interpreted to mean that, either by implication or through legal effect, the licensing or title to a copyright, patent, trademark or other property right of Diagnosia Services GmbH should be transferred to a third party.
Unless otherwise stated, all trademarks displayed on the website of Diagnosia Internet Services GmbH are protected by copyrights. This applies especially to company logos and marks. The name and trademark “Diagnosia” are protected by several registered trade- and service marks in the name of Diagnosia Internetservices GmbH, Spengergasse 37-39, A-1050 Vienna.
§ 7 Jurisdiction
Delivery of services described in these terms and conditions, as well as all contractual obligations, are understood to fall under Austrian law. Diagnosia contracts exclusively under its terms and conditions that are currently in effect. The application of the non-agreement clause concerning international transactions dated April 11, 1980 is excluded. The place of fulfilment is Vienna, the jurisdiction is the commercial court in Vienna. Diagnosia contracts exclusively under these terms and conditions; all other terms and conditions, especially those of the service users, are excluded. Our corporation is represented by the law firm of Kraft & Winternitz Rechtsanwälte GmbH (www.kwlaw.at).
§ 8 Miscellaneous
Diagnosia reserves the right to change these terms and conditions at any time. Diagnosia will advise all expert users of such changes without delay. It is assumed that such changes are accepted by the expert users, unless an objection is entered within one month after receipt of notification of the change. Special mention of this clause will be made in notification of any change to expert users.
Diagnosia reserves the right to outsource services to third parties; no contractual obligations are thereby created between the users and the third parties.
Warranty and indemnification claims, not otherwise excluded, must be filed with the court within one year of discovery of any defect or damaging occurrence. Warranty and indemnification claims, not otherwise excluded, must be reported to Diagnosia comprehensively and in writing (not electronically) within 14 days of discovery of such defect or damaging occurrence. Non-performance claims made by the user without legal confirmation may not be used to withhold payments. Late payments may be used by Diagnosia to withhold services until the user account has been brought current.
Should certain provisions of this agreement lose validity, wholly or partially now or in the future, the remaining provisions shall remain in full effect. In such cases the parties agree to negotiate legally valid provisions to take the place of the invalid ones, taking into consideration the economic interest of both parties. The same agreement applies should it be discovered that there is a gap in the agreement that was unforeseen by both parties.