Terms & Conditions

Date of issuance: 10 April 2024

These terms of use (“Terms”) govern your use of the EUROSPINE website (“Platform”) and the services we offer on or through the site and are entered into by you and EUROSPINE, the Spine Society of Europe, c/o Pfister Treuhand AG, Bankstrasse 4,8610 Uster, Switzerland (“EUROSPINE”, “we” or “us”). The Terms are applicable to all Platform visitors, Members and (collectively “Users”) as defined below.

1. Definitions

 

2. Services

EUROSPINE provides an online Platform allowing Users to register to Conferences, learn about spine related issues and EUROSPINE, participate in seminars and related educational courses and events, and access EUROSPINE content, provided that in certain cases, access to content will be reserved to certain categories of healthcare professionals and those Users that purchase a membership.

When rendering the Services, the information that EUROSPINE discloses on the Platform regarding the Conferences are based upon the information provided to EUROSPINE by the Conference organizers. The Conference organizers are fully responsible for any information and content they submit to EUROSPINE, and EUROSPINE waives any liability regarding such information and content.

Some areas of the Platform or Content and Third-party Services provided on or through the Platform may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Platform or Content.  If there is a conflict or inconsistency between these Terms, and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Platform or for specific Content or Third-party Services, as well as Conference participation, the latter shall have precedence with respect to your access and use of that area of the Platform or Content.

 

3. Terms

Any person who wants to access the Services must accept the terms and conditions of these Terms.

By using the Platform (even as a Visitor) and/or the Services and/or clicking the “Accept” button when registering a EUROSPINE ID, you acknowledge that you have read and understood these Terms and agree to be bound by them and to comply with these Terms and all applicable laws and regulations. If you do not agree with these Terms, you should refrain from using the Platform and/or benefiting from the Services.

 

4. Eligibility

In order to be able to have benefit of the Services, you must be at least eighteen years old and be entitled in your jurisdiction to enter into legally binding agreements in order to use the Platform and/or the Services. If you are under 18 or not entitled to enter into legally binding agreements, you may use the Platform and/or the Services only with involvement and agreement of a parent or guardian. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services.

If you create a EUROSPINE ID, you are solely responsible for maintaining the confidentiality of your password and EUROSPINE ID and are responsible for all activities that occur in relation to your EUROSPINE ID . We will not be liable for any loss or damage from you fail to maintain the security of your EUROSPINE ID  and password.  You may not disclose your password to any third party and you are solely responsible for any use of or action taken under your password in connection with the Services. 

Should you not fulfil the conditions for entering into the Platform and/or benefiting from the Services, you shall immediately refrain from doing so. In any event, we reserve the right to refuse access to the Platform and Services to any User at any time.

 

5. Your EUROSPINE ID

To create an EUROSPINE ID, you must provide your email address as well as other Personal data as detailed in the online application described on the Platform; and subject to the Policy.

Once you have created your EUROSPINE ID, you can have access to designated content on the Platform. All active Members have access to all scientific content of the EUROSPINE Platform corresponding to their membership category.

Through your EUROSPINE ID you can:

1. apply for membership in EUROSPINE;
2. access to your profile to add, complete and modify your details;
3. pay your membership fees;
4. Register for Conferences, educational courses and other educational activities and events;

Through your account you can access the following applications:

1. members exclusive hub
2. abstract submission for the Annual Meeting
3. EUROSPINE App
4. EUROSPINE eLearning platform

 

6. Membership

In order to become a Member, you must first create your EUROSPINE ID.

By submitting your application to become a Member of EUROSPINE, you are agreeing to these application process terms and conditions. Please carefully review these terms and conditions, and the Society’s Statutes [link provided below] as they govern your rights and obligations as a prospective Member. Please note that your submission of your application for membership constitutes your acceptance and agreement to be bound by these terms and conditions.

 

A. Membership Categories

EUROSPINE, the Spine Society of Europe, compromises the following membership categories: EUROPINE Digital, EUROSPINE Standard, EUROSPINE Premium, and EUROSPINE Fellow members. As a general rule, prospective members in any membership category cannot be for-profit or commercial enterprises nor their employees or contractors engaged in the design, manufacture, sales or marketing of medical prosthetics, devices or related therapeutic materials in the areas of spine and other medical fields.

EUROSPINE DIGITAL MEMBERS may be individuals, or medical practitioners working or involved in the field of spinal disorders and their related problems that may cooperate and collaborate with EUROSPINE, but with limited membership benefits as described in paragraph C - Membership Benefits. EUROSPINE Digital Members are not eligible for committees or task forces, and do not have voting rights.

EUROSPINE STANDARD MEMBERS are medical doctors and other professionals who are engaged in research into or management of the prevention and treatment of spinal disorders and their related problems. Standard Membership benefits are listed below in paragraph C - Membership Benefits.

EUROSPINE PREMIUM MEMBERS are medical doctors and other professionals who are engaged in research into or management of the prevention and treatment of spinal disorders and their related problems. Premium Membership benefits are listed below in paragraph B - Membership Fees & Benefits.

EUROSPINE FELLOW MEMBERS are, without any formality, Members who are past Society Presidents and Honorary Members who have made outstanding contributions to EUROSPINE and/or in the field of spinal disorders and their related problems.

[Transitional rules [effective: 27 February 2023]: Young Members: current young Members will be transferred to the EUROSPINE Standard Membership with a 50% discount on the membership fee; Senior Members: current Senior Members will be transferred to the EUROSPINE Standard Membership with a 100% discount on the membership fee.

 

B. Admission, Member Rights and Obligations, Suspension and Expulsion

The Executive Committee oversees Member admissions, Member rights and obligations, in accordance with the Membership Committee pre-ratification process. The Executive Committee also decides on the suspension and expulsion of EUROSPINE Members. Details regarding a Member’s rights and obligations, as well as grounds for suspension (inactive status) and expulsion are outlined in EUROSPINE’s Statutes.

 

C. Member Benefits

• EUROPINE Digital Membership includes the following benefits:
  • Access to the EUROSPINEdigital content library
  • Access to exclusive virtual events
  • Networking opportunities with peers
  • Reduced fees for online courses and orders in the education shop
  • Access to CME accredited online courses
     
• EUROPINE Standard Membership includes the following benefits:
  • All benefits EUROSPINEdigital Membership
  • Access to exclusive Members-only events & facilities
  • Reduced fees for Annual Meeting (25% discount fee), Spring Speciality Meeting (25% discount  fee) & eduweek (10% discount)
  • 50% discount publication fee brain & spine journal
  • Access to research grants
  • Full voting rights at GA
  • Active participation in committees and task forces
  • Option to participate in Spine Tango
     
• EUROPINE Premium  Membership includes the following benefits:
  • All benefits EUROSPINE Standard Membership
  • Reduced fees for Annual Meeting (40% discount early fee and regular fee), Spring Speciality Meeting (40% discount early fee and regular fee) & eduweek (20% discount)
     
• EUROPINE Fellow Membership includes the following benefits:
  • Free Registration for Annual Meeting, Spring Speciality Meeting, eduweek
  • Invitation to EUROSPINE Social Events & gatherings
     
• Associated and Institutional Society Membership includes only those benefits that may be bestowed by EUROSPINE in accordance with the arrangements agreed with Institutional Members, as more described in EUROSPINE’s Statutes and Internal Rules.

 

D. Membership Fees, Term & Payment

The Executive Committee determines the annual membership fees, and any changes thereto, in accordance with the Society’s Internal Rules. All Members, except for EUROSPINE Fellow Members, shall be required to pay the applicable annual membership fee for admission to, and maintaining their membership in good standing.

The current annual fee for each of the membership categories is as follows:

• EUROPINE Digital: Seventy Euros (70 €) per year
• EUROSPINE Standard: One Hundred and Forty Euros (140 €) per year
• EUROSPINE Premium: Three Hundred and Seventy-Five Euros (375 €) for a minimum three year term
• EUROSPINE Fellow: No charge

Members choosing an Annual Digital or Standard membership  agree to pay the above-referenced annual fee subscription for the corresponding membership category via the online payment application, that will be automatically charged at the start of the term of membership. To avoid future charges after the initial term, members will be required to cancel their membership before the renewal term at least thirty (30) days prior to the start of the renewal term, failing which the term of membership will be automatically renewed. All Members acknowledge and agree that EUROSPINE may store and continue billing the payment method (e.g. credit card) to ensure uninterrupted access to Membership services, subject to the right of cancellation described above.

Members choosing a Premium membership  of three (3) years will be required to provide written notice of his/her election to renew the Premium membership at least thirty (30) days prior to the end of the third year of the term in order to renew their membership for an additional three (3) year term, or else opt for a Digital or Standard membership as described above.

Each year of a term of membership runs from January 1, and terminates on December 31st of the same calendar year, regardless of when the membership commences, and without any proration of the annual membership fee, or applicable taxes.

It is the responsibility of the Member to ensure that the annual fee (or in the case of a Premium Membership, a tri-annual fee) and any automatic renewal thereof is settled within thirty (30) days from the date of invoice.

Late Payment

Failure to settle membership fee payments can result in the membership being  placed on inactive status and suspension of all Member benefits, including but not limited to login access and the loss of reduced fees and other discounts for EUROSPINE events.

Failure by a Member to settle the annual membership fee for two consecutive years can result in immediate expulsion from the Society. Once expelled, a candidate will only be eligible for re-admission following an evaluation by the Society’s Membership Committee and acceptance by the Executive Committee, based in part on the expelled Member’s letter of motivation to the Membership Committee.

Refunds

As a general rule, annual membership fees are non-refundable. The Executive Committee may, in exceptional cases, agree to a partial or full refund based on the factors presented by the Member. Any refunds may be subject to reasonable changes and expenses incurred by the Society.

Currency Conversion Costs, Bank Charges etc.

All payments made through this online payment facility must be made in € (Euros). Any currency conversion costs or other charges incurred in making the payment or in processing a refund shall be borne solely by the Member or the third party making the payment on behalf of the Member, and shall be in addition to, and in no event offset or deductible from the full amount due.

Payments by Third Parties

Payment of fees by a person or organisation other than the Member must include full contact information regarding the Member so as to allow EUROSPINE to determine the Member for whom the payment is made. Correspondence regarding third party payer transactions will not be provided: no invoices, or payment receipts will be issued.

Data Protection and Security

You hereby acknowledge that by applying for membership via this online application, your personal data will be processed. EUROSPINE is concerned about your privacy and has developed a policy to address privacy concerns. For more information, please see the Policy. Any personal information collected here will be accessed, stored and treated in accordance with the Policy.

 

7. Fellowships, Mentorship and other programs

Through the Platform, you can submit your application for a Fellowship, a Mentorship as well as other programs. The requirements to be met for each of these programs will be displayed when you submit your application. The Personal data you submit by applying to any of the programs offered by EUROSPINE will be processed according to the Policy, which terms are hereby incorporated into these Terms.

 

8. Conferences

If you attend a Conference, you may submit proposals or content in connection with scientific sessions at a Conference. The requirements to be met when submitting proposal or content will be displayed when you submit your proposal and/or content. The Personal data you submit by communicating your proposal and/or content will be processed by EUROSPINE according to the Policy, which terms are hereby incorporated into these Terms.

 

9. Modification

EUROSPINE reserves the right to make any changes to these Terms at any time, as EUROSPINE deems necessary or desirable. Your continued use of the Platform and/or the Services after any such changes or after explicitly accepting the new Terms upon logging into your EUROSPINE ID  and/or using the Platform and/or the Services shall constitute your consent to such changes.

 

10. Your use of the Services

EUROSPINE grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your strict compliance with these Terms and our policies.

We are constantly modifying and improving our Services. We may at any time and without notice introduce new features, change existing features, or remove features form the Services.

EUROSPINE reserves all right, title and interest in its Intellectual property rights (including, without limitation, any patents, trademarks, service marks, registered designs, applications for any of the foregoing, copyright, database rights, design rights, know-how, trade secrets, confidential information, trade and business names and any other similar protected rights in any country) in and to the Services and the Platform.

 

11. Privacy policy

The Personal data you provide us with in the course of using the Services will be used in accordance with our Policy, the terms of which are hereby incorporated into these Terms, and can be accessed here [https://www.eurospine.org/privacy-policy/]. Your use of our Services is also subject to our Cookie Policy and our Policy, which covers how we collect, use, share, and store your personal information.

 

12. Transactions

The Conferences, Services and Products made available on or through the Platform by EUROSPINE can be purchased by the Users, provided they have registered for a EUROSPINE ID.
 

13. Price

The Price for all membership benefits, access to content, attendance at conferences, and the provisioning of Services are displayed on the Platform.

All Prices displayed on the Platform are inclusive of VAT, in the currency duly indicated.

By confirming a Transaction, the User agrees that the Price will be charged directly to his or her credit card.

 

14. Payment

The payment will be operated by the Payment provider. EUROSPINE will not keep, process or even have access in any way to your Payment data.

The payment of the Price will be processed in a secured way (SSL) through the Payment interface of the Payment provider. EUROSPINE will use the Payment provider’s API interface and will at all times comply with applicable laws and regulations rules.

You agree to pay the Price applicable to the chosen membership category, conference, or Service and will not hold EUROSPINE liable for any charge related to your payment. All Prices paid by Users in connection with the Products or Services are subject to the relevant cancellation and refund policy published on the relevant platform.

The Payment provider delivers real time or near real time Transaction processing capability over the Internet with a high availability service level applying to the Payment interface.

EUROSPINE shall not copy, store, save, capture or intercept payment instruments related information such as credit card numbers, expiry date, holder name, card summary (last 4 digits), card BIN (6 first digits), card type, issuer, issuing country, CVV codes, or passwords entered into the Payment interface. Your credit card information will be transferred to the Payment provider as encrypted data to the Payment provider’s server. Encrypted data can only be decrypted by the Payment provider.

EUROSPINE will keep a copy of all other electronic and records related to the Transactions and the ordering and delivery of the Products for one year subsequent to the Transaction being processed.

Credit card information will remain on User’s mobile or device and will not be saved by EUROSPINE. You understand and explicitly agree that the Payment provider will act as data controller of your payment information.

The Payment provider will act as a provider of the payment services and will take all necessary steps to comply with the duties of due diligence and duties to report as set forth in the Swiss Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).

Upon request, you hereby agree to provide the Payment provider with all information requested by the Payment provider in relation to your business and to specific transaction in order to comply with the Federal act on combating money laundering and terrorist financing in the financial sector (RS 955.0).

As a User, you hereby authorize and agree that Payment provider shall debit (whether directly or indirectly via a third-party payment service provider, subject to that third-party service provider’s terms of use) your payment card of the amount of the Price.

The payment shall be taken by a debit of the Price from one of the acceptable payment methods listed on the Platform, which may include credit cards Visa and MasterCard. You will also be asked to provide the Payment provider with customary billing information such as name, billing address and payment information. It is your responsibility to take all necessary measures to ensure that your password and credit or debit card details remain secret and to prevent the use or misuse of such password by any unauthorized person. You shall notify EUROSPINE promptly if you discover or suspect that your password or credit or debit card information has become accessible to or has been misused by any unauthorized third party.

If the Payment provider believes that a security breach of any User has occurred, EUROSPINE will, upon request, mandate a third-party auditor approved by the Payment provider to conduct a security audit of its systems and facilities and issue a report.

In some instances, and in addition to the billing and payment information, EUROSPINE and/or the Payment provider may request you to provide some proof of your identity and some information in relation to the funds used to proceed to the transaction. Payment data may also be requested by the Payment provider. Such information can be requested at the time of ordering, during payment processing or at any other time thereafter. EUROSPINE reserves the right to cancel a Transaction if you do not provide such proof of identity when requested.

In order to enable the Payment provider to comply with applicable law, including but not limited to anti-terrorism, financial services and other anti-money laundering laws and regulations imposing customer due diligence requirements, payment scheme requirement and TPPP’s requirement, EUROSPINE and/or the Payment provider is/are entitled to request to any User the details, the economical background of the transaction and/or the beneficial owners of any Transaction processed through the Platform (“Financial Data”). The Payment provider is entitled to regularly get access to all Financial Data collected by EUROSPINE in relation to the Transactions operated through the Platform.

As a User and if requested, you agree to promptly provide EUROSPINE with all data requested by the Payment provider in relation to a transaction and/or a Refund (including those needed for fraud checks).

 

15. Cancellation and Refund

The cancellation and refund policy regarding membership are described in Section 6. All other refund options will be displayed when you make a Transaction on the Platform, book an Event or a Conference. These specific terms are incorporated by reference into these Terms of use.

 

16. Fraud checks and controls

EUROSPINE will ensure all data the Payment provider requests to be provided for a Transaction, including those needed for fraud checks, are provided to the Payment provider with each Transaction submitted for processing. You hereby agree to provide EUROSPINE upon first request with all data requested by EUROSPINE for processing your Transaction.

All Transaction processed by the Payment provider will be screened and a number of checks on the Transactions will be done by the Payment provider.

 

17. Non-circumvention

By using the Platform and/or the Services, you take the full commitment not (a) to use the information, material and content available on the Platform for competing, directly or indirectly, with EUROSPINE (b) to re-sell, deep-link, use, copy, monitor (e.g. scrape), display, download or reproduce any content or information, software, Services available on the Platform for any commercial or competitive activity or purpose (c) use any robot, crawler, spider, web scraper, other automated device, or manual process to monitor, extract or copy any content from the Platform. Should you do so, please be informed that you may be irrevocably banned from using the Services and EUROSPINE reserves to claim for damages and/or to request injunctions.

 

18. Prohibited actions

You agree not to do any of the following actions in connection to your use of the Platform:

1. intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
2. distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
3. upload, post, transmit, distribute or otherwise make available any material that contains software viruses, malwares, ransomwares or spywares or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware, mobile devices or telecommunications equipment or any other technologies that may harm the Platform, the Community portal, the Services or the interests or property of the User or of the Company;
4. export or re-export any applications, code or tools developed by and proprietary to the Company except as in strict compliance with the export control laws of any relevant jurisdictions and in accordance with posted rules and restrictions;
5. copy, scrape, extract, modify, or distribute rights or content from the Platform, the Community portal and/or Services in any way, including through robots, spiders or any other software or technology;
6. commercialize any application, code or any information or software associated with such application and/or the Platform and/or the Community portal without the prior consent of EUROSPINE;
7. upload, post, transmit, distribute, store or otherwise make publicly available on the Platform or the Community portal any private information or personal data of any third party, including, addresses, phone numbers, email addresses and/or credit card numbers;
8. harvest or otherwise collect information or data about Users, including email addresses, without their consent or use automated scripts to collect information from or otherwise interact with the Service, the Platform and/or the Community portal;
9. upload, post, transmit, distribute, store or otherwise make available any answers, responses, comments, opinions, analysis or recommendations that you are not properly licensed or otherwise qualified to provide;
10. upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of EUROSPINE, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose EUROSPINE or its Users to any harm or liability of any type;
11. upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
12. you shall not use the Services in any situation where failure or fault of any kind of the Service could lead to death or serious bodily injury of any person, or to physical or environmental damage;
13. you shall not copy, modify, distribute, sell, or lease any part of the Services and/or the Platform and/or the Community portal.
14. you may not reverse engineer or attempt to extract the source code of the Platform and/or the Community portal;
15. you may not interfere or attempt to disrupt the Services and/or the Platform and/or the Community portal in any way.

 

19. EUROSPINE’s role

EUROSPINE’s aims and objectives are:

a. To stimulate and offer a forum for the exchange of knowledge and ideas in the field of research, education, prevention and treatment of all spinal disorders and deformities as well as their related problems;

b. To stimulate fundamental and clinical studies of these spinal disorders and their related problems;

c. To coordinate efforts undertaken in European countries and abroad for further development in this field in order to improve the health and fitness of present and forthcoming generations;

d. To promote best practice based on available evidence in the management of spinal conditions.

In addition, the Society may engage in all activities and take all actions necessary and appropriate to carry out the above aims and objectives, including but not limited to:

a. Scientific meetings to exchange knowledge and to enhance the development of new ideas;

b. Design, organise and stimulate basic and clinical research;

c. Outline priority in research;

d. Represent the views of EUROSPINE to governmental and any other health related organisation to promote and facilitate the aims and the objectives of EUROSPINE;

e. Organise postgraduate teaching programs and assist Universities in developing graduate and post- graduate teaching programs, as well as meetings at scientific congresses at least once a year in different countries.

EUROSPINE also allows its Members to apply to Fellowship and Mentorship programs, which details are made available at the time the Member applies for one or the other program. Please note that each Fellowship and Mentorship program has its own requirements, the terms of which are hereby incorporated in these Terms.

In order to achieve the aforementioned goals, EUROSPINE makes the Platform available to the Users and allows them to book Conferences, purchase a membership and have access to education material.

 

20. Electronic communications

When you use the Services, or send emails to EUROSPINE, you are communicating with us electronically. In order to duly complete and secure your reservation at a Conference, you need to use your correct email address. EUROSPINE is not responsible or liable for any wrong or misspelled email address or inaccurate or wrong Personal data submitted to EUROSPINE.

By using the Platform, you agree to receive electronically any communications related to your use of the Services and/or the Platform, including an email confirming your booking and providing you with all the details relevant to your booking.

We will communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that are provided to you electronically satisfy any legal requirement that such communications be in writing.  All notices from us intended for receipt by you shall be deemed delivered and effective when sent to the email address you provide using the Services with your EUROSPINE ID.

 

21. Intellectual property rights

The Platform content is the exclusive property of EUROSPINE or its licensors. Our rights to the Platform content include rights to (i) the Platform (ii) the Services developed and provided by EUROSPINE; and (iii) all designs, layouts, software, displayed and technical information associated with the Services or the Platform. All Intellectual property rights in the Platform content not expressly granted herein are reserved to EUROSPINE. All copyright and other proprietary notices shall be retained on all reproductions.

Any other use of the Platform content, including without limitation distribution, reproduction, modification, making available, communicate to the public, publicly perform, frame, download, display or transmission, in whole or in part, without the prior written consent of EUROSPINE is strictly prohibited.

Subject to these Terms and for the purpose of using the Platform and benefiting from the Services, EUROSPINE grants you a limited, non-exclusive, non-transferable, non-sub licensable, royalty free license to use and display the Platform content on your computer screen or mobile devices, such as smartphones or tablets.

Subject to these Terms, EUROSPINE grants you a limited, non-transferable, non-exclusive license to use the Platform.

You may not derive or attempt to derive the source code of all or any portion of the software or mobile software (“Software”), permit any third party to derive or attempt to derive such source code, or reverse engineer, decompile, disassemble, or translate the Software or any part thereof.

EUROSPINE and its licensors own and shall retain all Intellectual property rights and other rights in and to the Software, and any changes, modifications or corrections thereto, subject to open source software used in relation to the Platform.

EUROSPINE, together with its licensors expressly reserve all Intellectual property rights in all text, programs, products, processes, technology, content, source code, object codes, layouts, and other materials, which appear on the Platform. Access to the Services does not confer and shall not be considered as conferring upon anyone any license under any of our or any third party’s intellectual property rights. Any use of the Services or the Platform or their contents, including copying or storing it or them in whole or part, other than for your own personal, non-commercial use, is prohibited without prior consent of EUROSPINE.

 

22. Trademarks

EUROSPINE’s name and logos and all related product and service names, design marks and slogans are the Trademarks or service marks of EUROSPINE or its licensors. No Trademark license is granted in connection with the material contained on the Services. Access to the Services does not authorize anyone to use any name, logo or Trademark in any manner whatsoever.

You may not use the Trademarks, including as part of Trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion or create the impression that EUROSPINE endorses any product or service. You may not reproduce or use the Trademarks without EUROSPINE’s prior written consent.

Any goodwill accruing out of the use of the Trademarks and EUROSPINE’s trade and business names and service marks will vest in EUROSPINE and its affiliates, as the case may be.

 

23. Termination

You may cancel your EUROSPINE ID  and stop using the Services at any time and without notice to EUROSPINE. Similarly, you can terminate these Terms, access to the Services at any time without notice. Termination of your EUROSPINE ID will result in the immediate termination of your Membership, including all membership benefits as described in EUROSPINE’s Statutes.

EUROSPINE may terminate or suspend your EUROSPINE ID  or ability to use the Services, in whole or in part, in the event that (i) you violate these Terms or violate any other rules that govern the use of the Services, including policies, (ii) your conduct may harm EUROSPINE, Users or others or cause EUROSPINE or others to incur liability, (iii) other Users complain about you, or (iv) as otherwise determined by EUROSPINE in its sole discretion.

EUROSPINE may modify and adapt the Services, and all the Platform content and other terms used or contained in the Service, at any time.

EUROSPINE is entitled at any time to delete your EUROSPINE ID  and block your access to the Platform in the event it considers that your use of the Platform does not fully comply with these Terms or with any applicable laws.

In any case, EUROSPINE reserves the right to terminate the Service of anyone at any time without notice for any reason.

Your access to, use of, or participation in the Service, including any content therein, may be prevented by EUROSPINE at any time after your termination of your EUROSPINE ID . Notwithstanding anything herein to the contrary, upon termination of your EUROSPINE ID , EUROSPINE will remove your profile and all your information from the Platform and/or the Membership list.

Notwithstanding such termination, you agree that you will continue to be subject to the obligations which, by their nature, survive such termination or suspension, including the obligations relating to Intellectual property rights and conservation of certain information for a certain period of time.

 

24. Reservation of rights

EUROSPINE reserves the right to, in its sole discretion, immediately cancel any booking of a Conference; prevent or restrict access to the Services or the Platform; or take any such action to restrict access to or availability of or remove any objectionable material, feedback, ratings or inaccurate listings. EUROSPINE reserves the right and has absolute discretion but not an obligation, to remove, screen or edit any content that breaches these provisions or is otherwise objectionable. EUROSPINE reserves the right to refuse listings of Conferences or to immediately remove any listings where it objects to how you identify yourself using the Services (including, but not by way of limitation, your name).

EUROSPINE reserves the right to initiate legal proceedings against such persons for fraudulent use of the Services, the Platform, and any other unlawful acts or acts and/or omissions in breach of these Terms, including in relation to Conferences.

 

25. Third-party content

You agree that EUROSPINE does not assume any liability for any Conference, content, reviews, feedbacks, services, advertisements, offers or information that is provided by third parties and made available through our Services. If you purchase, use or access any such products, content, services, advertisements, offers, or information through the Services, you agree that you do so at your own risk and that EUROSPINE will have no liability based on such purchase, use or access.

 

26. Service provided “as is” and release of claims

THE SERVICES AND THE PLATFORM ARE PROVIDED “AS IS” AND “AS AVAILABLE”.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EUROSPINE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, IN RELATION TO THE SERVICES OR THE PLATFORM. IN ADDITION, EUROSPINE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, OR THAT THE SERVICES OR THE PLATFORM OR THE COMMUNITY PORTAL WILL BE UNINTERRUPTED OR ERROR-FREE. EUROSPINE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF THE PRODUCTS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES REMAINS SOLELY WITH YOU.

YOU AGREE THAT NEITHER EUROSPINE NOR ITS AFFILIATES IS/ARE RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY USER OR FOR ANY SERVICE OR PRODUCT PROVIDED BY ANY USER. NEITHER EUROSPINE NOR ITS AFFILIATES WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY USER OR WITH ANY SERVICE AVAILABLE ON THE PLATFORM AND/OR THE COMMUNITY PORTAL.

Any warranty, condition or other term arising out of or in connection with the Services which might otherwise be implied into or incorporated into these Terms by statute, common law, laws applicable in the country where you booked the Conference or used the Services or otherwise (including without limitation any implied term as to quality, fitness for purpose, reasonable care and skill) is hereby expressly excluded.

If you have a dispute with one or more User(s), you agree to release EUROSPINE (including our respective officers, directors, employees, agents, partners, licensors, and suppliers) from any claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected to such disputes.

 

27. Downtime

Since the Services, and the Platform are web-based, they might be subject to temporary downtime.

From time to time we also update or maintain the Platform, which will result in the Platform not being available for a certain period of time. We do not warrant that the Platform and the Services operate uninterrupted or error free.

We are not responsible for any damages or losses suffered by you as a result of any failure or interruption of the Platform, suspension of your access to the Platform.

 

28. Limitation of liability

These Terms set out the full extent of our obligations and liabilities with respect to the Services and the provision of the Platform and/or the Community portal.

To the extent permitted by law, EUROSPINE hereby excludes: (i) all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and (ii) any liability for any direct, indirect, PUNITIVE or consequential loss or damage (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, LOSS OF INCOME OR REVENUE; LOSS OF BUSINESS; LOSS OF PROFITS OR CONTRACTS; LOSS OF ANTICIPATED SAVINGS; LOSS OF GOODWILL, USER INSATISFACTION, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE, INCURRED BY ANY USER IN CONNECTION WITH THE PLATFORM, THE COMMUNITY PORTAL, THE SERVICES, THE CONFERENCES AVAILABLE ON THE PLATFORM OR THESE TERMS.

EUROSPINE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF THE PLATFORM, THE SERVICES, ANY CONFERENCE SOLD ON OR THROUGH THE PLATFORM. EUROSPINE WILL NOT BE LIABLE FOR THE QUALITY, OUTLOOK OF THE CONFERENCE AVAILABLE ON OR THROUGH THE PLATFORM AND/OR THE COMMUNITY PORTAL. EUROSPINE WILL NOT BE LIABLE FOR THE NON-COMPLIANCE OF THE USER WITH THESE TERMS.

EUROSPINE WILL NOT BE LIABLE IN ANY WAY IF CONFERENCES BOOKED ON OR THROUGH THE PLATFORM ARE SOLD OUT OR CANCELED. EUROSPINE WILL NOT BE LIABLE FOR ANY ADVERTISEMENT MADE IN RELATION TO CONFERENCES OR SERVICES MADE AVAILABLE ON OR THROUGH THE PLATFORM.

EUROSPINE IS NOT LIABLE FOR (PARTIAL) INTERRUPTIONS TO AND DOWNTIME OF THE SERVICES DUE TO REPAIR, MAINTENANCE OR UPDATE WORK OR FOR OTHER REASONS THAT IT CANNOT DIRECTLY CONTROL OR THAT ONLY IMPEDE USE OF THE SERVICES TO A NEGLIGIBLE EXTENT.

IN ANY EVENT, EUROSPINE, AND ITS AFFILIATES, WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ANY CLAIMS RELATING TO THE SERVICES OR ANY TRANSACTION, WHETHER IN TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, MORE THAN THE VALUE OF THE RELEVANT TRANSACTION.

YOU UNDERSTAND AND AGREE THAT BY FILING ANY CLAIM MORE THAN THIRTY (30) days AFTER THE DISCOVERY OF THE ALLEGED LIABILITY, YOU WILL BE DEEMED TO HAVE FORFEITED YOUR RIGHTS. ANY SUCH CLAIM SHALL BE TIME-BARRED.

 

29. Force majeure

EUROSPINE cannot accept responsibility for any damage, loss, delay, or inconvenience caused by circumstances beyond our reasonable control. Such circumstances include but are not limited to war, threat of war, riots, civil strife, or terrorist activity, industrial disputes, natural or nuclear disasters, fire, airport closures, bad weather conditions, interruption or failure of a utility service or the acts of any local or national government. EUROSPINE reserves the right to cancel any TRANSACTION affected by such circumstances WITHOUT ANY OBLIGATION TO INDEMNIFY USERS.

 

30. Indemnification

You agree to defend, indemnify and hold harmless EUROSPINE and its affiliates with their respective shareholders, officers, directors, employees, agents (each, an “Indemnified Party“) from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys’ and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or of the Platform or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.

 

31. Links

Links on Platform to other companies’ (third-party providers’) websites are solely provided in the User’s interest. EUROSPINE has no influence on the content of third-party providers’ websites. EUROSPINE therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content.

 

32. Entire agreement and severability

These Terms, the Policy and the applicable policies, subject to any amendments or modifications made by EUROSPINE from time to time, shall constitute the entire agreement between you and EUROSPINE with respect to the Services, the Conference or the Platform and any use thereof. If any provision of these Terms is found to be invalid by a court or competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.

33. No waiver

EUROSPINE’s failure to enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.

 

34. Assignment

You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. EUROSPINE may assign its rights, licenses, and obligations under these Terms without limitation.

 

35. Governing law and jurisdiction

The Terms shall be governed by the laws of Switzerland. Any dispute regarding these Terms shall be subject to the exclusive jurisdiction of the Courts of Zurich, Switzerland.

 

36. Contact

EUROSPINE, the Spine Society of Europe
Bankstr. 4
8610 Uster
Switzerland

info@eurospine.org