Meopin General Terms and Conditions
Any User of Meopin Website and/or App should read these General Terms and Conditions (“GTC”) carefully.
By clicking on “I agree” or by browsing, accessing and/or using our Platform, the User acknowledges that he / she:
- has read, understood, and agrees to be legally bound by these GTC,
- represents and warrants that he / she is at least 13 years old or older. If he / she is under age 18, but above 13, he / she is permitted to use the Platform, provided he / she does so with the consent of a parent or legal guardian who accepts the GTC on the User’s behalf.
If the User is accepting these GTC on behalf of a company or other legal entity, he / she represents and warrants that he / she has the authority to bind such entity to the terms and conditions set forth herein. If he / she does not have such authority, or if he / she does not agree to any these terms, then he / she is not permitted to use the Platform.
The following definitions are used throughout these GTC.
Advertisement: has the meaning referred to in point 13.1. of these GTC
Affiliates: has the meaning referred to in point 17.4. of these GTC
Agreement: the legal agreement coming into force between Meopin and the User upon acceptance by the user of the GTC
App: Meopin’s mobile app, which is accessible through tablets, cell phones and other devices
Content: has the meaning referred to in point 9.1. of these GTC
Healthcare Providers: the persons referred to in point 2.1. of these GTC
IP: has the meaning referred to in point 12.1 of these GTC
Lists: the information referred to in point 2.2. of these GTC
Meopin: (1) Meopin-Op UG (haftungsbeschränkt), a company incorporated under German law, registered with HRB Köln under number 93614, USt-IdNr DE316510522, having its registered office at Hauptstrasse 134, D-51174 Köln (Germany), and/or (2) all related, affiliated and/or subsidiary companies
Meopin Marks: has the meaning referred to in point 9.2. of these GTC
Patients: Users which are not listed as Healthcare Providers on the Platform or have no activity as a Healthcare Provider, and are acting as a consumer of healthcare services and/or products
Personal Information: has the meaning referred to in point 14.1. of these GTC
Platform: Meopin Website and Meopin App, collectively
Products: products offered by Meopin, either for free, either against payment, on the Platform
Services: Selling Services and other services offered by Meopin, either for free, either against payment, on the Platform
Submission: has the meaning referred to in point 6.1 of these GTC
Selling Services: has the meaning referred to in point 3.2. of these GTC
Site Materials: has the meaning referred to in point 2.2. of these GTC
Third-Party Program: has the meaning referred to in point 12.1. of these GTC
User: Any user of Meopin Website and/or App
User ID: has the meaning referred to in point 7 of these GTC
Website: http://www.meopin.eu, as well as any other website and/or webpages owned by Meopin and directing towards http://www.meopin.eu
2. Description of the Platform
2.1. Through the Platform, Meopin offers an online marketplace to sell and buy healthcare products and services.
The Platform provides information on professionals and facilities providing healthcare services and products such as, but not limited to, physicians, nurses, midwives, psychologists, therapists, coaches, optometrists, rehabilitation technicians, other healthcare providers, pharmacies, healthcare facilities, long-term care and home care facilities, emergency and first aid services, rehabilitation centres, blood testing facilities, hospitals, vendors of medicine, medical devices and paramedical products, and persons working on their behalves (collectively, the “Healthcare Providers”).
Meopin organizes key information to help the User make informed choices in order to independently find particular Healthcare Providers and buy healthcare products and services. The Platform offers Users the possibility to search for one or more Healthcare Providers, according to different search criteria. Among the search results, Users may further filter results according to different filter criteria,
2.2. On the Platform, Meopin makes available lists based on specific criteria, including without limitation, in the form of search results (“Lists”), and other information, profiles and materials regarding Healthcare Providers (collectively with the Lists, the "Site Materials").
3. Selling Services and Products
3.1. Meopin offers to Healthcare Providers a registration in order to sell services and/or products on the Platform.
The registration with Meopin is subject to the acceptance of these GTC. Meopin reserves the right to offer certain services only under additional conditions (for example, use for certain purposes only) or on specific request.
3.2. The services provided according to this registration (the “Selling Services”) will be offered according to Meopin’s technical, operational and financial possibilities.
Meopin may, from time to time, change the type or content of Selling Services according to point 21.6 below. Meopin also reserves the right to terminate its offer of Selling Services in case the User has violated the GTC. Users shall be duly informed in any of these cases by the way of a notification in the Healthcare Provider’s dashboard and/or by email to the address indicated in the registration.
3.3. The User of Selling Services shall be subject to the opening of an account with Meopin. While registering with Meopin, the User guarantees the completeness and correctness of any data used and commits not to violate any third parties rights.
Each Healthcare Provider is responsible to register, and put on his / her profile page on the Platform, only the information he / she is legally entitled to publish. The respect of legal and deontological rules is at the charge oft the relevant Healthcare Provider, and Meopin has no obligation whatsoever to verify, with regard to such rules, each piece of information which will be part of Content published on the Platform.
Profile information must be updated by the User as soon as possible. Meopin may, at any time, request a proof of the correctness of the data used in the profile.
3.4. While registering for Selling Services, Healthcare Providers shall guarantee to be a healthcare provider authorized to do business in the relevant medical field. Healthcare Providers who are not individuals shall nominate a contact person.
Registration shall be made online on the Platform and shall be subject to providing answers to all required questions, to accepting these GTC and to forwarding the registration to Meopin by clicking the „submit“ (or any similar) button on the Platform. The Agreement is executed only once Meopin has accepted the registration, opened the account in the Healthcare Provider’s name and sent the account details to the Healthcare Provider.
3.5. The registered Healthcare Provider may terminate the Selling Services at any time, as provided under point 19.3.
In case Meopin has violated the Agreement towards the Healthcare Provider, the Healthcare Provider has no other right than to terminate the Selling Services.
3.6. Healthcare Providers who make Content accessible (for example, profile pictures) via their Meopin profile, agree that this Content will be saved and published on the Platform. They shall be liable for any such content published on the Platform according to the provisions of point 10.
3.7. In case of violation of the provisions under this article, Meopin reserves the right to suspend the execution of Selling Services, entirely or partially, and/or terminate the Agreement with the Healthcare Provider about the Selling Services, all this without the right for the Healthcare Provider to claim any damages against Meopin.
4.1. The use of the Platform is currently provided to Patients for free.
4.2. Selling Services offered to Healthcare Providers as defined above are subject to a payment of listing and/or transaction fees as described on the Platform.
In case of unpaid invoices, Meopin reserves the right to suspend the execution of Selling Services, entirely or partially, without the right for the Healthcare Provider to claim any damages against Meopin.
5.1. The Platform offers Users the possibility to leave a recommendation and/or comment about Healthcare Providers.
5.2. Meopin will check the comments to ensure they do not violate the provisions of the GTC and reserve the right to unpublish comments violating these provisions.
6.1. The User may submit content such as product description, pricing, complaints, suggestions, improvements, ideas, graphics, feedback, edits, concepts, comments, reviews, illustrations and other materials (other than information given in connection with registration) to Meopin through the Platform (individually and collectively, the “Submissions”).
6.2. The User hereby grants Meopin a non-exclusive, royalty-free, transferable, irrevocable and fully sub-licensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform the Submissions throughout the world in any media, now known or hereafter created without attribution, for as long as legally permitted. The User also waives, without prejudice to applicable specific copyright legislation, any and all of moral rights which he / she may have in connection with the Submissions
6.3. Meopin will not be required to treat any of the User’s Submissions as confidential. The User acknowledges and agrees that Meopin may use any of the concepts and ideas contained in his / her Submissions (including without limitation, product or advertising ideas) for any commercial or other purpose, without compensation to the User. Meopin will not incur any liability to the User as a result of any similarities between concepts and ideas contained in the User’s Submissions and future Meopin’s operations and business.
6.4. Submissions, including personally identifiable information contained therein, are made voluntarily. The User is responsible for the content of his / her Submissions, which shall at any time comply with the rules governing the use of the Platform under point 10.
6.5. Should the Submission contradict the provisions of the GTC, Meopin reserves the right to take it down according to the process described under point 8.
7. User accounts, IDs and passwords
7.1. Access to certain areas of the Platform, the Content and the Products and Services are limited by a user identifier (“User ID”) and password, which are selected and/or supplied by the User as part of registering for an account via the Platform. A registration shall be required for both Healthcare Providers (in order to submit Selling Services to Meopin) and Patients (in order to be able to leave a recommendation and comments, or receive certain products or services from Healthcare Providers or chat with other Users or Meopin).
7.2. By registering an account, the User represents, warrants and agrees that he / she (i) is at least 18 years of age, or if he / she is under age 18, but above 13, that he / she registers with the consent of a parent or legal guardian, (ii) is using his / her actual identity, (iii) has provided only true, accurate, current and complete information about himself / herself during the registration process, and (iv) will maintain and promptly update the information that he / she provided to keep it true, accurate, current and complete. The User may update his / her information at any time by logging into the Platform and clicking on "Log In."
7.3. The User’s account is for his / her personal use only. The User’s User ID and password are unique to him / her, and he / she agrees not to disclose or share his / her User ID and password to or with any third party.
By logging onto his / her account using a password, the User represents, warrants and agrees that he / she is authorized to use such password and to engage in the activities that he / she conducts thereunder. He / she may not impersonate someone else.
He / she further agrees that he / she will be solely responsible for the maintenance and security of his / her User ID and password. The User also agrees to be solely responsible for any activities conducted on or through his / her account regardless of whether or not he / she is the individual who undertakes such activities. This includes any unauthorized access and/or use of the User’s account, his / her computer or mobile device. The User shall inform Meopin immediately in case his / her account details are used by non-authorized third persons, and shall amend such account details on the Platform in the dashboard in the Platform. The User hereby releases and holds harmless Meopin from any and all claims and causes of action arising out of or resulting from a third party’s unauthorized use of the User’s account.
7.4. Meopin reserves the right to deny or revoke the User’s access to the Platform, his / her account, or any part thereof, or delete or change his / her account password at any time in its sole discretion, with or without cause.
8. Website monitoring and takedown notice
8.1. Meopin reserves the right to review the Submissions to make sure that they do not violate the provisions of the GTC.
Meopin will notably check that Submissions do not contain content considered as illegal and, namely, offensive, obscene, abusive, harassing, commercial in nature, infringing, inappropriate or otherwise in violation of these GTC.
Users are invited to inform Meopin of any activity they may witness on the Platform which they consider illegal, offensive, obscene, abusive, harassing or otherwise inappropriate. They may notify Meopin of alleged infringement via their account on the Platform or by email to the contact address provided on the Platform.
Users should refrain from making false claims. Misuse of this process may result in the suspension of the Users’ account or other legal consequences.
8.2. Meopin retains the right to take down any Submissions from public view on the Platform and delete from any other media or server where the User’s Submissions may be stored or displayed by or on behalf of Meopin, which Meopin, in its sole discretion, considers as not complying with point 8.1.
9. Intellectual Property
9.1. The Platform contains materials, such as software, data, text, graphics, images, and other materials provided by or on behalf of Meopin (collectively referred to as the “Content”).
All right, title and interest in and to the Content, the Platform and the Site Materials, including, without limitation, all source code, object code, methodology, operating instructions, and interfaces developed for or relating to the Platform, as well as all modifications, enhancements, revisions, changes, copies, partial copies, translations, compilations, improvements, and derivative works of the foregoing, together with all intellectual property rights embodied therein, are and shall remain the property of Meopin.
The Platform and the Content contained and referenced therein are for informational purposes only. Any reproduction, retransmission or other use is strictly prohibited, except as otherwise provided by these GTC or by Meopin’s express authorization. Requests for permission to reproduce any of the Content may be made in writing to Meopin. Meopin does not claim any rights in unaltered government data.
9.2. Meopin is a trademark or service mark (individually and collectively, the “Meopin Marks”) owned by Meopin. All other trademarks, service marks, domain names, logos, and company names displayed or referred to on Meopin are trademarks, registered trademarks, service marks, domain names, logos, company names of or are otherwise the property of Meopin or their respective owners. Except as provided in these GTC, Meopin does not grant the User any rights in or to the Meopin Marks or the other Marks. The User agrees that he / she shall not use the Meopin Marks or the other Marks in any manner inconsistent with the provisions of these GTC, without the prior written authorization of Meopin or the respective owners of the Other Marks as the case may be. Requests to use the Meopin Marks or Other Marks for purposes other than stated in these GTC may be made in writing to Meopin.
9.3. Subject to these GTC, the User is granted a non-exclusive, non-transferable, personal, revocable license to (i) access and use the Platform and the Content, and (ii) copy, download and store the Content (e.g., in a temporary cache) to enable printing and/or offline viewing of any such Content solely for his non-commercial use and not for resale or distribution to anyone else. All rights not expressly granted to the User herein are reserved by Meopin. There are no implied licenses under this Agreement.
The User also agrees that, with respect to any copy of the Content that he downloads, creates, generates, stores and/or prints, he will reproduce and include all author’s rights, copyright and other proprietary notices included in any such Content.
9.4. Except as expressly permitted by Meopin in these GTC or otherwise in writing, the User undertakes not to:
- directly or indirectly copy, reproduce, modify, adapt, translate, distribute, transmit, download, upload, post, sell, rent, license, transfer, publicly perform, publicly display, mirror, frame, scrape, extract, wrap, create derivative works of, reverse engineer, decompile or disassemble any aspect of the Platform or any of the Content, in whole or in part, in any form or by any means, whether manual or automatic,
- use any aspect of the Platform or the Content to compile lists of Healthcare Providers for commercial purposes, to establish independent data files or in violation of any applicable laws and regulations.
9.5. The User agrees not to engage in any activity that would constitute an infringement to author’s rights or copyright with respect to the Site Materials, including without limitation the Lists and/or the systems and methodologies used to create or display the Lists.
Meopin vigorously enforces its intellectual property rights to the fullest extent of the law, and will not hesitate to prosecute any unauthorized use or reproduction of any of the Content, Submissions, Databases, Products and Services and any other information contained therein that violate the protection afforded by applicable law to its intellectual property rights.
10. Use of the Platform
10.1. Users are entirely responsible for the Submissions they publish on the Platform.
10.2. They shall make sure that such Submissions will / are not:
(i) violate any law, or promote criminal or other illegal activity;
(ii) libel, defame, discriminate, disparage or invade the privacy of any third party;
(iii) obscene or pornographic;
(iv) harmful, threatening, offensive, abusive, harassing, vulgar, false or inaccurate;
(v) constitute personal attacks on other individuals, or may cause offence to others on grounds of nationality, ethnicity, gender, sexuality, religion, faith, age or disability;
(vi) infringe any third party intellectual property rights, including author’s rights, copyright, trademark, patent, trade secret;
(vii) promote or advertise any person, product or service or solicit funds;
(viii) are deemed confidential by any contract or policy;
(ix) promote violence, firearms, ammunition, or weapons;
(x) promote tobacco or alcohol products;
(xi) negatively affect Meopin’s reputation and public image, taking into consideration the right for free expression.
10.3. In addition to the above requirements, Submissions will need to comply with the rules governing advertising set out under point 13.
10.4. If the User is a Healthcare Provider, or a person authorized by a Healthcare Provider to submit or edit content, his / her Submissions:
(i) will comply with any rules (including deontological rules) and regulations to which the Healthcare Provider is subject;
(ii) will be true and accurate;
(iii) will be the original work of his / her authorship;
(iv) will not result in promoting a specific Healthcare Provider;
(v) will not result in promoting the prescription, dispensing, sale or consumption of medicinal products;
(vi) will not result in the solicitation of Patients.
10.5. If Content made accessible by a Healthcare Provider on the Platform concerns third parties, for example pictures or CVs of their team members, the Healthcare Provider shall guarantee that the concerned third parties have agreed with the publication of the content. Meopin shall be authorized to request proof of such consent at any time.
10.6. Healthcare Providers shall release Meopin, as regards the Submissions, from any liability with regard to third party rights violated by the execution of Selling Services and commit to support Meopin with all required statements and documentation should Meopin’s liability be engaged by a third party.
10.7. The User will not, directly or indirectly:
- use any of the Content, Submissions, Databases and any other information contained therein for any purposes other than his / her personal, non-commercial evaluation of Healthcare Providers and scheduling of appointments with Healthcare Providers,
- use the Content, Submissions, Databases, Products and Services and any other information contained therein to compile mailing lists or other lists of Healthcare Providers for commercial purposes,
- use the Content, Submissions, Databases, Products and Services and any other information contained therein to establish independent data files or otherwise amass statistical information thereof or therefrom,
- use the Content, Submissions, Databases, Products and Services and any other information contained therein in violation of any applicable laws or regulations,
- publish or distribute in any medium Content, Submissions, Databases, any other information contained therein, and/or summaries or subsets thereof to any person or entity,
- attempt to access, or access, any other User’s account,
- attempt to obtain or ascertain, or obtain or ascertain, any other User’s user name, password and/or personal information by any means whatsoever,
- attempt to elude, or elude Meopin’ security systems,
- attempt to gain access, or gain access to the Platform in an unauthorized or fraudulent manner,
- write a fake review, trade reviews with other businesses, compensate someone or receive remuneration for writing a review,
- attempt to manipulate, or manipulate, the search results on the Platform,
- use any robot, spider, site search/retrieval application, or other automated device, process or means to access, scrape, or index any portion of the Platform or any Content,
- take any action that imposes, or may impose, in Meopin’s sole discretion, an unreasonable or disproportionately large load on Meopin’s technology infrastructure or otherwise make excessive traffic demands on the Platform,
- remove, circumvent, disable, damage, or otherwise interfere with any security-related features of the Platform, features that prevent or restrict the use or copying of the Content, or features that enforce limitations on the use of the Platform,
- use any tools or software to mask, hide or distort the internet protocol address from which he / she is accessing the Platform,
- use the Platform for any purposes other than those intended by Meopin, as determined by Meopin in its sole discretion, or
- upload or submit any data or information containing viruses or any computer code, corrupt files or programs engineered or intended to disrupt or destroy the functionality of any software, hardware, telecommunications, networks, servers, or other equipment.
11. External links
11.1. Internet websites and mobile applications that are not owned, operated or controlled by Meopin may link to or from the Platform or allow the User to download or launch the App. Such other websites and applications contain information created, published, maintained, or otherwise posted by third-parties not related to and otherwise independent of Meopin and over which Meopin has no control.
11.2. Meopin does not endorse, approve, certify, maintain, or control these other websites and applications and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses or on such applications. Meopin provides the links only as a convenience.
11.4. The User acknowledges and agrees that Meopin shall not be liable for any damages or injury resulting or arising from the content of or access to such other websites and applications. Moreover, any information that the User provides to third parties accessed through a link on the Platform are subject to the privacy policies of that third party, and not Meopin.
12. Third Party Content and Privacy Information Delivered to Third Parties
12.1. Some of the Site Materials, including but not limited to, certain healthcare information, product reviews, news, data, research, analysis and opinions, are provided by independent information providers ("IIPs") ("Third Party Programs”). Meopin does not make any representations with respect to, nor does Meopin guarantee or endorse the availability, accuracy, reliability, completeness, currency, quality, performance, suitability, or correct sequencing of any information, materials or other content provided by any of the IIPs. Meopin does not endorse, oppose or edit any opinion or analysis expressed by any of the IIPs. Meopin assumes no responsibility or liability for any information, materials or other content provided by any of the IIPs. Moreover, any private information the User delivers to third parties accessed through a link at the Platform will be held subject to the privacy policies of that third party, and not Meopin.
12.2. If the User does choose to use them, then some or all of these Third Party Programs may require that he / she provides certain personally identifying information that can be traced back to him / her. This personally identifying information may include, for example, age, current health condition, insurance provider, medical history, prescription history or other health and lifestyle data. If the User elects to use one or more of these Third Party Programs, then any personally identifying information that he / she provides as part of the Third Party Program, as well as his / her Registration Information, will be available to the third party administering that Third Party Program. By using any Third Party Program, the User acknowledges that any personally identifying information and Registration Information that he / she provides to the third party does not constitute a violation of these GTC. Meopin cannot guarantee that any third party will maintain the privacy of the User’s personally identifying information under any circumstance.
13.1. The use and/or display of third party banners, badges, text advertising, digital video advertising, sponsored content and/or promotions (“Advertising”) on the Platform is governed by the following rules.
Meopin may, in its sole discretion, determine the types of Advertising that it will accept and display on the Platform. However, Meopin’s acceptance of any Advertising will in no event be deemed an endorsement of the product(s) and/or service(s) advertised or for the company that manufactures, distributes or promotes the products or services.
13.2. Meopin will not permit certain types of Advertising on the Platform at any time, including but not limited to Advertising that promotes, not exhaustively, the following:
- a specific Healthcare Provider, if such specific advertisement is contrary to applicable law;
- the prescription, dispensing, sale or consumption of medicinal products, if such advertisement is contrary to applicable law;
- false or factually inaccurate content
- misleading, deceptive or fraudulent content
- health claims that are not adequately substantiated
- illegal, controversial or objectionable services, products or positions
- content that discriminates against, ridicules or disparages an individual or group on the basis of race, religion, national origin, gender, sexual orientation, marital status, age, disability or any other status that Meopin deems inappropriate for the Platform
- material that directly advertises products to, or is intended to attract, children
- firearms, ammunition or weapons designed to inflict serious bodily harm
- tobacco or alcohol products (except as part of educational campaigns such as smoking cessation and responsible drinking messages)
- or will not otherwise result in the solicitation of Patients if such solicitation is contrary to applicable law.
13.3. Any Advertiser shall ensure that it complies with all applicable laws and regulations. Meopin has no obligation to monitor compliance with applicable laws and regulations; however, Meopin reserves the right to review all Advertising and, if Meopin becomes aware of any breach or potential breach of any applicable law or regulation, to remove the Advertising.
13.4. The Advertiser shall ensure that all Advertising on the Platform is clearly and unambiguously identified. The word “Advertisement” shall be used adjacent to the Advertising. Meopin requires use of “Provided by” or “Sponsored by” terminology to identify content that is created or influenced by an advertiser so that Platform Users can distinguish such content from editorially independent content for which Meopin has sole editorial control. Users can recognize advertiser-influenced content on the Platform by use of the “Provided by” or “Sponsored by” label and the name of the advertiser, which will appear in the sponsored content.
The Advertiser shall ensure, unless expressly approved in writing by Meopin, that no Advertising on the Platform includes any telephone numbers or physician referral action, any type of information collection technology or other information collection devices that collect or allow third parties to capture user data that is used for subsequent behavioural advertising, remarketing or re-targeting. The Advertiser shall ensure that a click on its Advertising on the Platform will link the user to a destination relevant to the advertising displayed. If Meopin determines the destination URL is not relevant, placement of advertising will be denied.
13.5. Meopin may, at any time, reject, cancel or remove any Advertising from the Platform for any reason. Upon rejection, cancellation or removal of any Advertising, Meopin will provide prompt notice to the advertiser with an explanation regarding the rejection, cancellation or removal.
13.6. Advertisement on the Platform will be user-based. Meopin will optimize advertisement by collecting and treating anonymously User behaviour for the purpose of prognosticated interests. A cookie will be saved on the Users’ computers for that purpose. Meopin may also grant third parties access to user data.
15. Disclaimers of warranties
15.1. The Platform and the Site Materials are provided on an “as is” and “as available” basis, and are intended for informational purposes only. While Meopin endeavours to provide the most accurate, up to date information available, the Site Materials may contain technical or other inaccuracies or typographical errors, and may be changed or updated without notice.
15.2. To the fullest extent permissible pursuant to applicable law, Meopin disclaims all warranties of any kind, either express or implied, including, but not limited to (a) any warranties concerning the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of this Platform, the Site Materials, or any products, services or results obtained on or through this Platform, and (b) any implied warranties of title, non-infringement, merchantability or fitness for a particular purpose. Meopin makes no representations or warranties of any kind, express or implied, that the Platform or any Site Materials will assist the User in identifying a suitable Healthcare Provider or for any other purpose. Meopin does not represent or warrant that the Platform will be uninterrupted, error-free, or free of viruses or other harmful components, or that defects, if any, will be corrected. The User expressly agrees that his / her use of the Platform and the Site Materials is entirely at his / her own risk.
16.1. The Platform does not provide medical advice. The Website, the App, the Products and Services, and the Content are provided for informational purposes only, and are not intended as a substitute for professional medical advice, diagnosis, or treatment. The User must always seek the advice of a physician or other qualified healthcare provider for answers to any questions he / she may have regarding a medical or health related condition. The User should never disregard medical advice or delay in seeking it because of something he / she has read on the Platform. Reliance on the Website, the App, the Products and Services, and the Content is solely at the User’s own risk.
16.2 The opinions expressed on Platform are those of Users and not of Meopin.
None of Meopin, its Affiliates, subsidiaries, or its or their officers, directors, shareholders, employees, agent content providers, customer or suppliers, endorse any User, Healthcare Provider or any Submission posted by any User or Healthcare Provider (including, without limitation, any opinion, recommendation or advise expressed by any User or Healthcare Provider).
16.3. Some of the Content, including but not limited to Healthcare Provider information, data, research, analysis and reviews are provided by third party information providers. Meopin makes no representation with respect to, or guaranty or endorse the availability, accuracy, reliability, completeness, currency, quality, performance or suitability of any information, materials or other data provided by any such third party information providers.
The User should obtain any additional information necessary to make an informed decision prior to selecting and using any specific Healthcare Provider.
17. Limitations on Liability
17.1. The User’s sole and exclusive right and remedy in case of dissatisfaction with the Platform, the products or service shall be the User’s termination and discontinuation of access to, or use of the same.
17.2. Meopin shall not be liable for any damages or injury for breach of warranty, breach of contract, or tort (where negligence is the standard of culpability) caused by the User’s use of the Platform, or the Content or the products and services made available to the User through the Platform, including but not limited to, any failure or performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure.
17.3. To the extent permitted by the law, Meopin shall not be liable for any damages that result from the use of, the inability to use, or reliance upon, the Platform, and the Content or any products or services obtained on or through the Platform, even if Meopin has been advised of the possibility of such damages. In no event shall the cumulative liability of Meopin to the User for direct damages arising under these GTC or relating thereto, exceed one hundred (100) euros.
17.4. Further, Meopin expressly disclaims any and all responsibility and liability with respect to separate agreements the User may make with Healthcare Providers or with third parties who offer products or services on or through this Platform, and the User will look solely to such Healthcare Providers and third parties with respect to any and all claims arising out of such agreements and/or such products or services. The User agrees to assume all responsibility in connection with choosing any Healthcare Provider, whether or not he / she obtained information about such Healthcare Provider on or through our Platform. He / she specifically acknowledges and agrees that Meopin and its licensors, suppliers and affiliates (collectively, the "Affiliates"), and the directors, officers, agents, and representatives of each, will not be held liable for any advice, treatment or other services rendered by any Healthcare Provider, or for any malpractice claims and other claims that may arise directly or indirectly from any such advice, treatment or other services.
17.5. Use of the Internet is solely at the User’s own risk and is subject to all applicable local, state, federal, and international laws and regulations. While Meopin has endeavoured to create a secure and reliable Platform, the confidentiality of any communication or material transmitted to us over the Internet cannot be guaranteed. Consequently, Meopin shall not be responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Platform, or for the consequences of any reliance on such information. The User must make his / her own determination as to these matters.
17.6. The User absolves and releases Meopin from any claim of harm resulting from any cause(s) over which Meopin does not have direct control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses or other damaging code or data, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, or governmental restrictions, and disclosure of the User’s private health information that he / she has provided to third parties through links on the Platform.
18.1. The User agrees to defend, indemnify, and hold harmless Meopin, and Meopin’s directors, officers, shareholders, proprietors, partners, employees, agents, representatives, servants, attorneys, predecessors, successors and assigns, from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including reasonable attorneys' fees and litigation expenses), relating to or arising from:
(i) the User’s use of the Platform, any Site Materials, or any products or services obtained on or through the Platform,
(ii) any products or services the User obtained from third parties based, in whole or in part, on the Content and other information viewed or obtained on, from or through the Platform,
(iii) any Submissions the User makes or posts on the Platform,
(iv) any infringement of third parties’ intellectual property rights or any other negligent, illegal or wrongful conduct by the User or any other person accessing the Platform using the User’s account, his / her computer or mobile device, and
(v) any breach by the User of the GTC.
19. Term and termination
19.1. The acceptance of these GTC will take effect at the earlier of the time the User clicks “I Agree” to these GTC or that he / she accesses, browses or uses the Platform or any of the Content, and remains in force unless terminated by the User in accordance with these GTC and/or by Meopin.
19.2. Meopin reserves the right, at any time and for any reason, without notice to the User, (i) to deny the User access to the Platform for legitimate and objective reasons, (ii) to change, remove or discontinue any of the Content or services available on or through the Platform, or (iii) to terminate the Agreement in case of violation of these GTC or for any other legitimate reason.
19.3. The Healthcare Provider may terminate the Selling Services at any time by deleting his / her account in the account management section or in writing to Meopin.
19.4. The warranty disclaimers, limitations and exclusions of liability, reservation and grant of property rights and other terms and conditions of these GTC which by their nature are intended to survive the termination of an agreement, will survive the termination or expiration of the Agreement.
20. Applicable law and Jurisdiction
20.1. Applicable law. Access, browsing and use of the Platform, the Content and this Agreement, and all matters or issues collateral thereto are all governed by the laws of Germany, without regard to any conflict of laws provisions that would refer to and/or apply the substantive laws of another jurisdiction.
20.2. Jurisdiction. Any action arising out of the content of the Platform, the User’s use of the Site Materials or the User’s unauthorized citation, reproduction or re-publication of any Site Materials or use of any Meopin Marks, or any action to enforce the Agreement and/or the GTC will be brought only in the competent courts of Köln (Germany). The User expressly agrees to be subject to the jurisdiction of such courts. Such an agreement is an express condition to use the Platform.
21. 1. Notices. Any notice or other document or communication required or permitted hereunder to Meopin will be deemed to have been duly given only if in writing and delivered by any of the following methods:
- certified mail, return receipt requested, to Meopin, Attention: Legal and Compliance, at Hauptstrasse 134, D-51174 Köln, Germany; or
- email sent to firstname.lastname@example.org.
Notices to Meopin shall be deemed delivered when actually received by Meopin.
Any notice or other document or communication from Meopin required or permitted hereunder will be sent to the e-mail address that the User provides when registering with Meopin (or any updated e-mail address that the User may provide after registering). Such notice will be deemed received by the User the business day after the e-mail is sent, whether or not the User provided an accurate or current e-mail address.
21.2. No waiver. No delay or omission by Meopin to exercise any right occurring upon any non-compliance on the User’s part with respect to any of the terms of these GTC will impair any such right or power or be construed to be a waiver thereof. Any waiver by Meopin of any of the covenants, conditions or agreements to be performed by the User will not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition or agreement herein contained.
21.3. Severability. If any portion of these GTC is adjudged invalid or unenforceable by an arbitrator or a court of competent jurisdiction, the remaining portions will remain valid, enforceable, and in effect.
21.4. Independent Contractor. Meopin is an independent contractor; nothing in this Agreement shall be construed to create a partnership, joint venture, or agency relationship between the User and Meopin.
21.5. Entire Agreement. These GTC constitute, upon the User’s acceptance, the entire agreement between the User and Meopin with respect to the use of the Platform, the Content and the Products and Services, and supersede any and all prior understandings or agreements between the User and Meopin, whether written or oral. The User acknowledges that, in providing the User access to and use of the Platform, the Content and the Products and Services, Meopin has relied on the User’s acceptance of these GTC. Failure to insist on strict performance of any provisions of these GTC will not constitute a waiver of any breach or failure of performance.
21.6. Amendment of the GTC. Meopin reserves the right, at its sole discretion, to change, alter, amend or otherwise modify these GTC from time to time.
Meopin will post any changes on the Platform (with the effective date of the update near the top of this page). The User is encouraged to check back and review the GTC for any updates or modifications.
The User’s continued access, use or browsing of the Platform or any Site Materials after the GTC have entered into force will be deemed to constitute the User’s acceptance of and agreement to the amended GTC.