European Association for the Study of Liver
Date of issuance: 28 February 2019
|Account||means the account created by a User.|
|Chargeback||means a Transaction which is successfully charged back on request of a User or an Issuer pursuant to the relevant rules applicable resulting in a cancellation of a Transaction in respect of which EASL has been paid or was due to be paid.|
|Community portal||means the EASL community portal on which Healthcare professionals can discuss hepatology related topics.|
|Conference||means a meeting about hepatology related topics.|
|Conference organizer||means the person or the entity organizing a Conference.|
|Confidential information||means information, idea, concept, material or any other EASL’s data, not yet entered into the public domain, whether it has been communicated orally or in writing, including but not limited to all information regarding EASL’s business, concept or business model, all trade secrets, all price lists and User’s data.|
|EASL||means European Association for the Study of Liver, rue Daubin 7, 1203 Geneva, Switzerland.|
|Event||means Annual Congress, Summit, School, Monothematic Conference or Workshops.|
|Fellowship program||means a program directed at young graduates who want to achieve a PhD degree in the field of hepatology, newly qualified postgraduate researchers who wish to expand their research fields and postgraduate investigators who intend to spend a limited amount of time at a foreign institution to expand their knowledge.|
|Governing board||means the governing board of EASL as defined in art. 11 of the articles of association of EASL.|
|Healthcare professional||means professors, assistant professors, surgeons, doctors, nurses, assistants, scientist and dieticians etc.|
|Intellectual property rights||means copyrights, patents, registered design, design rights, database rights, trademarks, trade secrets, know-how or any other proprietary or industrial right, whether registered or unregistered.|
|Issuer||means an institution that issues payment methods to the User and whose name appears on the User’s credit card or bank account statement and/or who enters into a contractual relationship with the User with respect to the payment method used by the User on the Platform.|
|Liver Tree||means the education and library platform provided by EASL.|
|Member||means a person who is member of EASL.|
|Mentorship program||means the program created as a means of enhancing scientific exchange and personal developmental relationships in which a more experienced and knowledgeable hepatologist will guide a Young investigator trough a crucial stage of his or her career path.|
|Payment data||means the information which makes up a Transaction message which needs to be submitted to the Payment Interface of the Payment provider in order for the latter to be able to process the Transaction and to perform fraud checks, including but not limited to, details regarding the credit card, the User or the credit card owner, the Issuer, the relevant authentication details and the payment amount.|
|Payment interface||means an electronic connection method provided by the Payment provider to EASL for providing Payment data for individual Transactions in a secured way.|
|Payment provider||means Ingenico Group, Communication & Digital Department, 28-32 Boulevard de Grenelle, 75015 Paris, France.|
|PCI DSS||means the security standards for transmitting, processing or storing card data / payment details, known under the name of PCI.|
|Personal data||means any information relating to an identified or identifiable natural; an identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.|
|Platform||means the Internet platform available at www.easl.eu made available by EASL to the Users.|
|Platform content||means all the rights related to the content of the Platform and/or the Community portal, included but not limited to the software, algorithms, codes, audio files, videos, texts, layouts, animations, files, pictures, domain name, programs, products, processes, technology, content, source code, object code, designs and other material or information which appear or is displayed on the Platform and/or the Community portal.|
|Price||means the price for a Conference, a Product or a Service, including VAT, purchased on or through the Platform.|
|Products||means the products made available on or through the Platform, namely the Journal of Hepatology in its printed and online version as well as the access to the Liver Tree.|
|Refund||means a (partial) reversal of a particular Transaction, whereby the funds are reimbursed to the User on the initiative or request of EASL.|
|Services||means the services made available on or through the Platform allowing Users to register to Conferences, including the Community portal.|
|Trademarks||means all the trademarks owned by EASL as registered at the Swiss Federal Institute of Intellectual Property, the European Union Intellectual Property Office and the United States Patent and Trademark Office together with all other graphics, logos, layouts, designs, page headers, button, icons, scripts and service names on the Platform.|
|Transaction||means the purchase of a Product or a Service on or through the Platform.|
|User||means all users of the Platform, i.e. Visitors and Members.|
|Visitor||means a person or entity using the Platform without having registered|
EASL provides an online Platform allowing Users to register to Conferences, learn about hepatology and EASL, participate in the Community portal provided they are Healthcare professionals and purchase a membership.
When rendering the Services, the information that EASL discloses on the Platform regarding the Conferences are based upon the information provided to EASL by the Conference organizers. The Conference organizers are fully responsible for any information and content they submit to EASL, and EASL waives any liability regarding such information and content.
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 an Account, 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 form using the Platform and/or benefiting from the Services.
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 an Account, you are solely responsible for maintaining the confidentiality of your password and Account and are responsible for all activities that occur in relation to your Account. We will not be liable for any loss or damage from you fail to maintain the security of your Account 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 fulfill 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 Service to any User at any time.
- Your Account
To create an Account, you must provide your email address as well as other Personal data as detailed in the Policy.
Once you have created your Account, you can have access to the open content of the Liver Tree. All active Members have access to all scientific content of the Liver Tree.
Through your Account you can:
- access to your profile to add, complete and modify your details;
- chose which details you want to make publicly available to other Members;
- access to other Members’ profiles;
- pay your membership fees.
In order to become a Member, you must submit your application online or at an EASL booth during a Conference. Your application will be reviewed by the EASL Governing board. If your application is granted, you will be provided with a membership number and a certificate within a month after you submitted your application.
You can become and/or renew your membership all year round. EASL membership is valid is valid for 12 months, from the day of your payment.
There a several categories of memberships available depending on your status:
- “Regular”: this category includes Members who live in Europe, as defined in the EASL Constitution. As a Regular Member, you can vote during the EASL general assembly.
- “Corresponding”: this category includes Members who live outside Europe, as defined in the EASL Constitution. As a Corresponding Member, you can attend to the EASL general assembly but cannot vote.
- “Allied health professional” or “AHP”: this category includes Members who work in the healthcare field such as dieticians, physiotherapists, pharmacists, clinical psychologists, imaging specialists, orthoptists, occupational therapists, paramedics, study coordinators, laboratory assistants, physician’s assistants on case management, pathology assistants, assistants of geriatric care or medical social workers. This list is non-exhaustive. As an AHP Member, you may be requested to provide a proof of status.
- “Nurse”: this category includes Members who work as nurses. As a Nurse, you will be asked to provide a proof of status.
- “Trainee” or “Young investigator”: this category includes Members who are up to 35 (thirty-five) years old and still in the process of training in the hepatology field. As a Trainee or Young investigator, you will be asked to provide us with a proof of age and status.
- “Patients”: this category includes Members who have been diagnosed with a liver disease.
- “Emeritus”: this category includes Members who are more than 65 years old or have been a Regular Member for at least ten years.
The yearly membership fee depends on the category of Members you belong to and are set as follows:
- Regular: € 200 (two hundred Euros)
- Corresponding: € 200 (two hundred Euros)
- AHP: € 100 (one hundred Euros)
- Nurse: € 100 (one hundred Euros)
- Trainee or Young investigator: € 100 (one hundred Euros)
- Patients: € 100 (one hundred Euros)
- Emeritus: € 25 (twenty-five Euros)
As a Member, you have the following benefits:
- reduced registration fees to the International Liver Congress (“ILC”), the Nurse and AHP Members can have a one-day pass to the ILC;
- reduced fees to all EASL Events;
- possibility to apply to all the EASL Fellowship and Mentorship programs;
- access to all EASL online medical educational resources;
- access to the online version of the Journal of Hepatology and possibility to receive a printed copy for € 50 (fifty Euros) a year on top of the Membership fee;
- possibility to attend EASL schools and masterclasses;
- possibility to be provided with a funding support, endorsement and sponsorship, registry grants and funding and support for the European Research Framework Program;
- opportunity to host EASL Conferences;
- possibility to subscribe to the weekly newsletter.
- 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 EASL will be processed according to the Policy, which terms are hereby incorporated into these Terms.
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 EASL according to the Policy, which terms are hereby incorporated into these Terms.
EASL reserves the right to make any changes to these Terms at any time, as EASL deems necessary or desirable. Your continued use of the Platform and/or the Community portal after any such changes or after explicitly accepting the new Terms upon logging into your Account and/or using the Platform and/or the Services shall constitute your consent to such changes.
- Your use of the Services
EASL 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.
EASL reserves all right, title and interest in its and its affiliates’ 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.
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.
The Conferences, Services and Products made available on or through the Platform by EASL can be purchased by the Users.
The Price is 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.
- Payment scheme
The payment will be operated by the Payment provider. EASL 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. EASL will use the Payment provider’s API interface and will at all times comply with the current PCI-DSS rules.
You agree to pay the Price applicable to the chosen Conference, Product or Service and will not hold EASL 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.
EASL guarantees not to 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, 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.
EASL 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 EASL. 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).
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 EASL 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, EASL 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, EASL 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. EASL 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, EASL 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 EASL in relation to the Transactions operated through the Platform.
As a User and if requested, you agree to promptly provide EASL with all data requested by the Payment provider in relation to a transaction and/or a Refund (including those needed for fraud checks).
- Cancellation and Refund
- Fraud checks and controls
EASL 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 EASL upon first request with all data requested by EASL 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.
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 EASL (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 EASL reserves to claim for damages and/or to request injunctions.
- Prohibited actions
You agree not to do any of the following actions in connection to your use of the Platform:
- intimidate or harass any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity;
- distribute or post spam, unsolicited or bulk electronic communications, advertising, solicitations, promotional materials, chain letters, or pyramid schemes;
- 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;
- 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;
- 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;
- 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 EASL;
- 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;
- 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;
- 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;
- upload, post, transmit, distribute, store or otherwise make available content that, in the sole judgment of EASL, is objectionable, misleading or which restricts or inhibits any other person from using the Platform, or which may expose EASL or its Users to any harm or liability of any type;
- upload, post, transmit, distribute, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense;
- 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;
- you shall not copy, modify, distribute, sell, or lease any part of the Services and/or the Platform and/or the Community portal.
- you may not reverse engineer or attempt to extract the source code of the Platform and/or the Community portal;
- you may not interfere or attempt to disrupt the Services and/or the Platform and/or the Community portal in any way.
- EASL’s role
EASL’s role and purpose is to promote communication between Healthcare professionals who are interested in the liver and its disorders and diseases. Therefore, EASL promotes the research concerning the liver, education and public awareness of liver diseases and their management, acts as an advisor to national health authorities, fosters European multicenter controlled trials, facilitates scientific exchanges and participation of Young investigators at its meetings.
EASL 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, EASL makes the Platform and/or the Community portal available to the Users and allows them to book Conferences, purchase a membership and have access to education material on liver diseases..
- Electronic communications
When you use the Services, or send emails to EASL, 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. EASL is not responsible or liable for any wrong or misspelled email address or inaccurate or wrong Personal data submitted to EASL.
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 for your Account.
- Intellectual property rights
The Platform content is the exclusive property of EASL or its licensors. Our rights to the Platform content include rights to (i) the Platform (ii) the Services developed and provided by EASL; 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 EASL. 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 EASL is strictly prohibited.
Subject to these Terms and for the purpose of using the Platform and benefiting from the Services, EASL 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, EASL 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.
EASL 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.
EASL, 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 EASL.
EASL’s names and logos and all related product and service names, design marks and slogans are the Trademarks or service marks of EASL 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 EASL endorses any product or service. You may not reproduce or use the Trademarks without EASL’s prior written consent.
Any goodwill accruing out of the use of the Trademarks and EASL’s trade and business names and service marks will vest in EASL and its affiliates, as the case may be.
You may terminate your Account and stop using the Services at any time and without notice to EASL. Similarly, you can terminate these Terms, access to the Services at any time without notice.
EASL may terminate or suspend your Account 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 EASL, Users or others or cause EASL or others to incur liability, (iii) other Users complain about you, or (iv) as otherwise determined by EASL in its sole discretion.
EASL may modify and adapt the Services, and all the Platform content and other terms used or contained in the Service, at any time.
EASL is entitled at any time to delete your Account 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, EASL 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 EASL at any time after your termination of your Account. Notwithstanding anything herein to the contrary, upon termination of your Account, EASL will remove your profile and all your information from the Platform and/or the Community portal.
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.
- Reservation of rights
EASL 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 the Community portal; or take any such action to restrict access to or availability of or remove any objectionable material, feedback, ratings or inaccurate listings. EASL 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. EASL 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).
EASL reserves the right to initiate legal proceedings against such persons for fraudulent use of the Services, the Platform, the Community portal and any other unlawful acts or acts and/or omissions in breach of these Terms, including in relation to Conferences.
- Third-party content
You agree that EASL 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 EASL will have no liability based on such purchase, use or access.
- 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, EASL 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, EASL 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. EASL 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 EASL 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 EASL 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 EASL (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.
Since the Services, the Community portal 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.
- 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, EASL 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.
EASL 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. easl will not BE liable FOR THE QUALITY, OUTLOOK OF THE conference AVAILABLE ON or through THE platform AND/OR THE COMMUNITY PORTAL. easl will not BE liable FOR THE NON-COMPLIANCE OF THE user WITH THESE TERMS.
EASL will not BE liable in any way if conferences BOOKED ON OR THROUGH THE platform ARE SOLD OUT OR CANCELED. EASL will not BE liable FOR ANY ADVERTISEMENT MADE IN RELATION TO conferences OR SERVICES MADE AVAILABLE ON or through the platform.
EASL 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, EASL, 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.
- Force majeure
EASL 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. EASL reserves the right to cancel any TRANSACTION affected by such circumstances WITHOUT ANY OBLIGATION TO INDEMNIFY USERS.
You agree to defend, indemnify and hold harmless EASL 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.
Links on Platform to other companies’ (third-party providers’) websites are solely provided in the User’s interest. EASL has no influence on the content of third-party providers’ websites. EASL therefore cannot assume any guarantee for the accuracy, completeness or safety of this third-party content.
- Entire agreement and severability
These Terms, the Policy and the applicable policies, subject to any amendments or modifications made by EASL from time to time, shall constitute the entire agreement between you and EASL 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.
- No waiver
EASL’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.
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. EASL may assign its rights, licenses, and obligations under these Terms without limitation.
- 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 Lausanne, Switzerland.
EASL Office, Home of Hepathology, 7 rue Daubin, 1203 Geneva, Switzerland, firstname.lastname@example.org