TERMS OF USE

Last updated and effective as of April 01, 2024

Welcome to the website of the Advanced Renal Education Program (“Site”) which is an online education platform owned by Fresenius Medical Care Deutschland GmbH, Else Kroener Street 1, 61352 Bad Homburg, Germany (“FMC”). It supports healthcare professionals (“HCP”) by offering a comprehensive range of free and paid eLearning courses, expert presentations, review articles, and more with the focus on kidney disease. The Site is intended for HCPs based in Europe, the Middle East, and Africa (“EMEA”).

​By accessing or using the Site, you agree to be bound by these terms of use (“Terms of Use”), which are designed to govern the legal relationship between FMC (hereafter also referred to as “We,” “Us,” or “Our”) and you, the user (hereafter referred to as “User” “You” or “Your”).

These Terms of Use are divided into two parts:

  • General Part: The terms and conditions of the general part apply to all Users of the Site and cover among other things general use policies, user responsibilities, intellectual property rights and limitations of liability.
  • Special Part: The terms and conditions of the special part supplement the General Part and apply only to the webinars and sessions dedicated to continuing medical education (“CME”) and accredited by the European Accreditation Council for Continuing Medical Education (“EACCME”), as well as any related materials and services, collectively referred to as “EACCME Accredited Content.”

General Part of Terms

1. SCOPE

  • These Terms of Use shall apply to the relationship between FMC and the User regarding the use of the Site and the content placed on the Site.
  • Any conflicting, deviating or supplementary general terms and conditions of the User shall not apply, unless We expressly consent to their applicability in writing. These Terms of Use shall also apply if We unconditionally perform services despite knowledge of differing or contrary terms and conditions of the User.

2. MODIFICATION OF THE SITE AND TERMS OF USE

  • We reserve the right to modify or terminate Your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to You. From time to time, We may restrict access to some parts of this Site, or the entire Site, to the Users, or charge fees for access to portions of this Site.
  • Regarding the content on the Site, except for the EACCME Accredited Content, We may modify these Terms of Use at Our sole discretion. Any changes become effective immediately upon posting and apply to all subsequent access and use of this Site. Your continued use of the Site after the posting of any updates or changes to these Terms of Use represents your acceptance of such changes. If You object to any provisions of these Terms of Use or any future modifications to these Terms of Use, Your only recourse is to cease using this Site immediately.
  • With respect to the EACCME Accredited Content, We reserve the right to unilaterally amend these General Terms of Use in the event of unforeseeable and uncontrollable circumstances or if shortcomings become apparent that significantly affect the balance between Our service and Your consideration.
  • In addition to the Subsection 2.1 to 2.3, We are also entitled to amend these Terms of Use in mutual agreement with You at any time and without providing reasons. You will be informed of the intended changes in writing, whereby transmission by email is sufficient. If You do not object in writing or by email within four (4) weeks of receipt, the changes shall be deemed to have been accepted. You shall be informed of this separately in the change notification.

3. ADDRESSEES OF THE SITE

  • The intended audience for the Site is HCPs located in the EMEA region. If You are not an HCP based in the EMEA region, you are not considered an intended recipient of Our Site.
  • Furthermore, the Site is directed to HCPs based in the EMEA region who are acting for purposes related to their profession (“Professional-Related Use”). We do not provide the content, including EACCME Accredited Content, on the Site to You if you are a consumer within the meaning of Section 13 of the German Civil Code, i.e., if you wish to use Our content for purposes that are wholly or mainly outside of Your professional activities.
  • If You are acting on behalf of Your employer or another business entity when You access and use the Site, including booking chargeable content via the Site, You represent and warrant that (i) You have full legal authority to bind Your employer or that business; and (ii) You agree to these Terms of Use on behalf of the entity You represent.

4. CONCLUSION OF CONTRACT (VERTRAGSSCHLUSS)

  • Any display or presentation of any content on the Site or in other media featured by FMC shall not constitute a binding offer by FMC. Rather, You are given the option to submit a binding offer for the conclusion of a contract.
  • The contract between Us and You is concluded upon (i) the written acceptance of the order by Us, (ii) sending of the access data for access to specific content, (iii) the provision of the ordered contents for dispatch or download or (iv) use of the corresponding product by You, whichever occurs first.
  • Your contracting party will be FMC.

5. NO MEDICAL ADVICE

  • The contents of this Site, including text, graphics, calculators, images, and other information provided by Us or licensed from third parties, are available to You for informational and educational purposes only. Although the Site provides educational information about healthcare, it does not offer medical diagnoses or recommendations regarding an individual’s medical treatment.

6. AVAILABILITY AND FORCE MAJEURE

  • The Site is designed to be available twenty-four (24) hours, seven (7) days per week. We have set up and will make the Site available in accordance with the technical, economic, operational, and organizational capabilities currently available. Moreover, we reserve the right, but have no obligation, to monitor and update the settings regularly to comply with current standards.
  • However, we cannot exclude any interruptions, disturbances, delays, incorrect transmissions, or storage failures regarding the use of the Site and will neither be responsible nor provide any guarantee for any such interruptions which might restrict or prevent availability for a certain period. We are not responsible, nor do We provide any guarantee for any restrictions, limitations, or interruptions caused by Your internet or other service provider. The same applies to any interruptions or restrictions to the extent the Site is affected by force majeure (e.g., war, forces of nature, strike, etc.). In this case, FMC shall be relieved from any contractual obligations as long as the force majeure event is ongoing.

7. USER ACCOUNT

  • To use some contents of the Site including the EACCME Accredited Content You need to set up a customer account (“Account”). It is Your responsibility to ensure that the information You provide to Us is accurate and complete and to notify Us of any changes to the information You provide. You can review and update the information You have provided to Us in Your Account on the Site.
  • In order to register an Account, you must be aged eighteen (18) or over.
  • To the extent permitted by applicable law, you agree to be responsible for all activities that occur under Your Account. After you have been provided with Your login credentials, You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your device. We recommend taking suitable precautions to ensure that your password is kept secret and stored securely.
  • You should inform Us immediately if you have reason to be concerned that a third party has gained knowledge of your Account credentials or that the Account is being used without Your consent or that such unauthorized use is to be feared.
  • We reserve the right to deactivate or delete your Account in the event of misuse, in particular in case of a violation of applicable laws or these Terms of Use.

8. ACCEPTABLE USE

  • You undertake:
    • not to copy, or otherwise reproduce or re-sell any part of the Site unless expressly permitted to do so in these Terms of Use;
    • not to engage in any action that may damage, disrupt, or interfere with the Site’s operations or with any equipment, network, or software used to operate the Site.
    • not to use the Site to develop or provide, directly or indirectly, any product or service that competes with Our business;
    • not to infringe Our intellectual property rights or those of any third party in relation to Your use of the Site (to the extent that such use is not licensed under these Terms of Use);
    • not to transmit any material that is defamatory, offensive or otherwise objectionable in relation to Your use of the Site;
    • not to use the Site by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Site for use within a third party website or application;
    • not to collect or harvest any information or data from the Site or Our systems or attempt to decipher any transmission to or from the servers running the Site; and
    • except as permitted by applicable law, not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or its contents, or attempt to do any such thing.
  • If you wish to place a link to our Site on other websites, you may do so only to the home page of this Site and with our prior permission. Deep linking (i.e. links to specific pages within this Website) requires our additional express permission. Notwithstanding the foregoing, you may share a link to Our Site via Your account on Facebook, LinkedIn and X.

9. USER GENERATED CONTENT

  • If You supply/upload any content to the Site – whether it be pictures, text, sound recordings or whatever – the content You supply (“User Generated Content”) must comply with the following rules:
    • it must not be obscene, abusive, offensive or racist and it must not promote or propose hatred or physical harm against anyone, or harass or bully any other person;
    • it must not: (i) constitute pornography; or (ii) be sexual or sexually suggestive involving minors;
    • it must not use the material or content or infringe the rights or privacy of anyone else (for example, You should not use images of well-known characters, footage or music, unless it is Your own or You have permission to use it);
    • it must not unauthorizedly contain someone else’s personal details or confidential information relating to other people;
    • it must not promote discrimination, whether based on ethnicity, race, sex, religion, nationality, disability, sexual orientation or age;
    • it must not promote or condone terrorism, violence or illegal behavior;
    • it must not be harmful to minors in any way; and
    • it must not give the impression that it emanates from or is endorsed by Us, if this is not the case.
  • By initiating or making any User Generated Content, you grant us and our third party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, create derivative works from, transmit and distribute such User Generated Content, alone or as part of other works in any form, media or technology whether now known or hereafter developed, for any purpose.
  • You hereby waive all rights or claims against Us and our third party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns of attribution in connection with such User Generated Content.
  • You warrant that you own or control all rights in and to the User Generated Contents and have the right to grant the license set out above to us and our third party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns.
  • We reserve the right and may have the statutory obligation to refuse to accept or cease to use any User Generated Content supplied by any person that contravenes the rules in this Section 9.
  • If You become aware of any User Generated Content that breaches Section 9, please contact us on arep-emea@freseniusmedicalcare.com, providing your full name and address, along with details of: (i) the date on which it was posted and where it can be found on the Site; (ii) the username of the person who posted it; (iii) reasons why the content should be deleted, along with evidence for this; and (iv) copies of any communication with the person who posted it (if any).

10. INTERACTIVE SERVICES

  • We may from time to time provide interactive services on the Site that shall enable you to upload User Generated Content, including, without limitation comment facilities, chat rooms and/or bulletin boards (“Interactive Service”).
  • Where we provide an Interactive Service, we will use reasonable endeavors to provide information to you about the kind of service offered. However, we are under no obligation to oversee, monitor or moderate any Interactive Service we provide, unless we were made aware of illegal content or content otherwise harming third party rights.

11. VIRUSES AND BUGS

  • We do not warrant that the Site will be totally secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access the Site and we recommend that You use Your own virus protection software.
  • You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack. In the event of such a breach, Your right to use the Site will cease immediately.

12. PROPERTY RIGHTS

  • The Site and all text, images, marks, logos, designs, product or service names, text, graphics, pictures, information, data, software, sound files, other files, the selection and arrangement thereof and other content contained herein are the sole and exclusive proprietary property of FMC or its licensors and are protected by applicable intellectual property laws.
  • You acknowledge that the Site constitutes a database work created by Us, or a database within the meaning of §§ 4 para. 2, 87a para. 1 of the German Copyright Act (Urheberrechtsgesetz – “UrhG”). Related computer programs are protected under §§ 69a et seq. UrhG, while manuals, documentation, and provided works are protected under § 2 UrhG. The rights of third parties to the protected works remain unaffected.
  • According to § 44b para. 3 UrhG, We reserve the right to replicate contents of the Site as defined by § 44b para. 2 sentence 1 UrhG, and to replicate a substantial part of the Site in terms of type or scope as outlined in § 87c para. 1 no. 4 in conjunction with § 44b para. 2 sentence 1 UrhG, for the purpose of text and data mining.
  • Trademarks, company logos, other marks or protective notes, notices of authorship, serial numbers or other identifying features may not be removed or modified.

13. CUSTOMER’S LICENSE

  • Upon registration of Your Account, You will be granted a non-exclusive, non-transferable license to the subscribed contents of the Site for Your Profession Related Use only. In case of the EACCME Accredited Content, the grant of license is subject to payment of the respective remuneration.
  • The right of use includes the right to conduct searches in the Site, to retrieve documents and the right to read-only access, to download articles and save one copy of an article on Your device and to print out one hard-copy of the document. Within the scope of Your professional practice (in particular medical advice), You have the right to make additional copies of documents and provide such copies in whole or in part to third parties. Any other reproduction or other utilisation of documents and/or hit lists require the prior written consent by the FMC. The systematic and automated retrieval of documents and/or hit lists, the preparation of systematic compilations from retrieved documents and/or hit lists, as well as the systematic transmission of documents and/or hit lists, or the systematic making available of documents and/or hit lists, to third parties as well as the use of the Site for the purposes of a commercial information brokerage (research and retrieval of documents by order of third parties) is not permitted.
  • Any statutory rights of use which may be exercised under statutory licences, e.g. in accordance with the provisions of Sec. 60a et seq. UrhG, are not included in or granted under these Terms of Use and shall remain unaffected. The individual documents that are subject to a Creative Commons license are also not affected by these Terms of Use.
  • You are not permitted to have copyright-related acts of use performed by automated IT applications with regard to the works contained in or retrieved from the Site or to perform acts of use with the aid of an automated IT application. In particular, reproduction, even for the purpose of text and data mining, translation, processing and other alterations, any form of distribution and public communication, including making available to the public, are not permitted. Furthermore, it is not permitted to duplicate, distribute or make publicly accessible significant parts of the Site within the meaning of Section 87a UrhG by means of an automated IT application or to make corresponding use with the aid of an automated IT application; this also applies to duplications for the purposes of text and data mining. The prohibition shall also apply to parts of the site which are not substantial in terms of type and scope, since the use of an automated IT application runs counter to the normal evaluation of the Site and the legitimate interests of FMC, in particular with regard to the protection of the authors of the works contained in the Site, are unreasonably impaired. Any existing rights of the User to reproduce in accordance with Section 60d UrhG shall remain unaffected.
  • We reserve the right to take technical measures to prevent a use in excess of the scope permitted under Sections 13.1 to 13.5 and may, in particular, install relevant access restrictions. You are not allowed to use any devices, products or other means which serve the purpose of bypassing, or overcoming, the technical measures taken by Us. In particular, You are not allowed to use any web-crawler or spider-programs, meta search engines or comparable technologies which automatically retrieve contents from the Site.
  • In case there is plausible evidence for misuse of the Site, in particular for an overuse, We reserve the right to request You to provide relevant information about the extent and manner of use of the Site. Our further rights and claims shall remain unaffected.

14. LINKED SITES AND THIRD PARTY CONTENT

  • As a convenience to You, this Site may provide links to websites of third parties (“Linked Sites”).
  • We do not author, edit or monitor these Linked Sites. We have no control over the contents of those Linked Site. The inclusion of any link on this Site does not imply endorsement of the Linked Sites by Us or vice versa. You bear all risk associated with the use of such Linked Sites, third party services, and your correspondence or business dealings with advertisers found on or through this Site. If You decide to access a Linked Site, You do so entirely at Your own risk and subject to the terms and conditions of use for such websites.
  • This Site may include content provided by third parties, including content, user contributions and submissions and other information and materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (“Third Party Content”). All statements and/or opinions expressed in such Third Party Content, and all articles and responses to questions and other content relating to any such Third Party Content are solely the opinions and the responsibility of the person or entity providing those materials. Third Party Content does not necessarily reflect Our opinion. In addition, We do not warrant the accuracy, completeness or usefulness of any Third Party Content made available on or through this Site.

15. DATA PROTECTION

Our Site’s Privacy Statement (Privacy Statement – AREP EMEA (ami.advancedrenaleducation.com) describes how We use and share the personal information we collect about You when You use the Site.

16. LIABILITY FOR DAMAGES

  • The information on this Site is provided “as is” and without warranty of any kind, expressed or implied, including (but not limited to) any implied warranties of merchantability, fitness for any particular purpose, or non-infringement. While the information provided is believed to be accurate, it may include errors or inaccuracies or might be outdated. The information contained on this Site are provided for general information purposes only and do not constitute business, medical or other professional advice.
  • Irrespective of the legal grounds of any claims, Our liability shall be limited within the framework of applicable statutory law as set out in Sections 16.2 to 16.6 below.
  • We will be liable without limitation for any damage to life, body or health as well as for any damage caused by intent or gross negligence on Our part or any of Our legal representatives or agents, as well as for any damage resulting from the non-compliance with a guarantee or guaranteed characteristics given by Us, or on account of maliciously concealed defects.
  • For damages incurred as a result of a negligent breach of material contractual obligations by Us or any of Our legal representatives or agents, Our liability shall be limited to the damage which is foreseeable and typical for the contract. Material contractual obligations are obligations whose fulfilment is essential for the achievement of the purpose of the agreement and on whose fulfilment can be normally relied on by the User.
  • Our liability for other cases of negligent conduct is limited to an amount of EUR 5,000 per individual damage.
  • The strict liability of the FMC for defects existing at the time of conclusion of the contract according to Sec. 536a, para. 1 sentence 1 German Civil Code is hereby excluded.
  • Any given liability under the German Product Liability Act shall remain unaffected.

17. INDEMNITY

You agree to indemnify, defend and hold Us and our third party business partners and licensors and each of Our and their respective subsidiaries, affiliates, licensees, successors and assigns and Our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns, harmless from any claim, demand, liability, dispute, damage, cost, expense, or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms of Use or your access or use of this Site, the content or any User Content or submission (including any use or access by your employees or agents), your violation of these Terms of Use or Your violation of any rights of another.

18. SUSPENSION, CANCELLATION AND TERMINATION

  • If You breach any of Your material obligations under the Terms of Use We shall be entitled to:
    • temporarily or permanently remove any User Generated Content uploaded by You to the Site;
    • temporarily or permanently withdraw your right to use the Site;
    • suspend or terminate your Account.
  • Prior to exercising the rights under this Section 18, we will send you a warning notice specifying the alleged breach and granting you a reasonable prior notice period within which you can cure the alleged breach. We are entitled to exercise our rights without a warning notice if the breach cannot, by its nature, be reasonably cured or if we cannot be reasonably expected to wait out a remedy period under the given circumstance.
  • If We terminate an order before providing you the EACCME Accredited Content, we will refund any money you have paid in advance for EACCME Accredited Content we have not provided but we may deduct or charge you reasonable compensation for the net costs we will incur as a result of your breaching the Terms of Use. For the sake of clarity, in the event of technical issues experienced at the User’s side that prevent access to or use of the EACCME Accredited Content, FMC shall not be liable, and no refund will be made for such inability to access or use the content.
  • The parties’ statutory termination rights for cause shall remain unaffected.

19. NO ADVERSE EVENT REPORT

This Site is not intended for reports on adverse events or health concerns or to ask any questions regarding medical devices, pharmaceutical products or medical conditions. Patients should generally consult a healthcare professional regarding health concerns or concerns regarding their treatment.

20. SHARED VALUES

  • As stated in the FRESENIUS MEDICAL CARE Code of Ethics and Business Conduct, We uphold the values of integrity and lawful conduct, especially with regard to anti-bribery and anti-corruption. We uphold these values in Our own operations, as well as in its relationships with Our business partners. Our continued success and reputation depends on a common commitment to act accordingly. Together with Us, You commit to uphold these fundamental values by adherence to applicable laws and regulations.
  • You represent to have read the FRESENIUS MEDICAL CARE Code of Ethics and Business Conduct (Code of Conduct). You confirm to understand and agrees to adhere to the principles contained therein.
  • In addition to the forgoing commitment, You confirm to inform Us immediately of any circumstances of which You become aware or should reasonably be aware which could amount to a conflict of interest between You and Us and/or Our respective employees by virtue of Your actions or those of the Your employees.

21. GOVERNING LAW AND JURISDICTION

  • These Terms of Use are governed by German law. This means that your access to and use of the Site, your purchase of EACCME Accredited Content, and any dispute or claim arising out of or in connection therewith (including non-contractual disputes or claims) will be governed by German law.
  • You and We irrevocably agree that the courts of Frankfurt am Main, Germany, shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms and Conditions or their subject matter or formation.
  • As an online business we are obliged to inform you as a customer about the Online Dispute Resolution platform (ODR platform) of the European Commission. This ODR platform can be reached via the following link: https://webgate.ec.europa.eu/odr. However, we do not participate in dispute resolution proceedings before a consumer arbitration board.

22. WAIVER AND SEVERABILITY

  • Our failure to act with respect to a breach by any User of this Site does not constitute a waiver of Our right to act with respect to subsequent or similar breaches. No waiver by Us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
  • In the event that any provision of these Terms of Use is invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remainder of these Terms of Use will remain in full force and effect.

23. CONTACT INFORMATION

Should you have any reasons for a complaint, we will endeavour to resolve the issue and avoid any re-occurrence in the future. You can always contact us by using the following details:

Address: Fresenius Medical Care Deutschland GmbH, Else Kroener Street 1, 61352 Bad Homburg, Germany.

Email:  AREP-EMEA@freseniusmedicalcare.com

Special Part of Terms (EACCME Accredited Content)

24. ORDERING PROCESS

  • To place an order for any EACCME Accredited Content, You must choose the module(s) You wish to purchase, follow the instructions during the order process and provide the requested information (i.e., your billing address, means of payment etc.).
  • In the order process, You need to confirm that You agree to these Terms of Use and Our Privacy Statement by checking the respective checkboxes.
  • By clicking the button “buy now” at the end of the order process, you submit a legally binding offer to conclude a contract for an EACCME Accredited Content chosen by You (“Binding Offer”).

Please note: By displaying EACCME Accredited Content on the Site, We do not make a legally binding offer to enter into a contract. The contract between You and Us will be concluded only upon acceptance of your Binding Offer by Us. Any confirmation of receipt of your order issued immediately upon receiving your Binding Offer shall not constitute a legally binding acceptance of your offer.

25. CONFIRMATION EMAIL

On provision of Your Binding Order, We will confirm Our receipt of Your Binding Order by sending you an email confirming the information you included in your Binding Order (the “Confirmation Email”). However, the Confirmation Email does not constitute the acceptance of Your Binding Order.

26. BINDING ACCEPTANCE BY FMC

If we decide to accept Your Binding Order, We will send you an order acceptance email which constitutes a legally binding acceptance of Your Binding Offer. Upon receipt of such an email the contract regarding the EACCME Accredited Content shall become effective.

27. NO RIGHT OF WITHDRAWAL

  • You hereby acknowledge that You are not acting as a consumer within the meaning of Section 13 of the German Civil Code, but as an entrepreneur within the meaning of Section 14 of the German Civil Code. Consequently, You understand and agree that the right of withdrawal (Widerrufsrecht) does not apply to You.
  • Furthermore, for the sake of legal safety, You expressly consent to the beginning of the execution of Your order prior to the expiration of the hypothetical withdrawal period (Widerrufsfrist). By doing so, You acknowledge and agrees that You will not retain any right of withdrawal (Widerrufsrecht) in relation to the EACCME Accredited Content.

28. PROVISION OF THE EACCME ACCREDITED CONTENT AND CERTIFICATION

  • We will exercise commercially reasonable endeavors to provide EACCME Accredited Content on the Site as accurately as possible. Our services in relation to the EACCME Accredited Content are of a service contractual nature within the meaning of Sections 611 et. seq. German Civil Code and shall in no case be interpreted in such a way that We owe a certain outcome to you when performing any of services related to EACCME Accredited Content, unless We and You have expressly specified in writing (schriftlich) that We shall provide our services under a works contract (Werkvertrag) within the meaning of Sections 631 et. seq. German Civil Code.
  • We shall only be obligated to provide You with the CME credits if you have (i) spent the required time in the EACCME Accredited Content, (ii) completed the mandatory EACCME survey and (iii) transferred the renumeration.

29. CLAIMS IN THE EVENT OF DEFECTS

  • We shall repair any defects of the ACCME Accredited Content within a reasonable period of time. In that respect, Our responsibility extends only to the network access point between Our systems and the internet, but not to Your systems and data transmission lines beyond that point.
  • We will use the standard of care as customary in the publishing industry in selecting and updating the content. The completeness, accuracy and correctness of the content cannot, however, be warranted.
  • You shall notify Us of any defects, malfunctions or damage without undue delay.

30. PAYMENT

  • Prices for ACCME Accredited Content are set out on the Site.
  • The prices include all taxes, social security charges and other official fees and charges, except value added taxes (“VAT”). If FMC is obligated under applicable laws to pay any such taxes, charges or fees, prices shall be increased by the respective amounts, or the relevant amounts shall be reimbursed to FMC. At FMC’s request, User shall provide to FMC a written confirmation from the competent tax authority on the respective application tax form about User’s country of residence which allows the parties to benefit from the reduced withholding tax rate set forth in the Double Taxation Convention existing between FMC’s country of residence and User’s country of residence.
  • For VAT purposes invoiced amounts are net amounts. In case the payments under this Terms of Use are subject to VAT in User’s country of residence, VAT shall be added to the net amounts and be paid by User to FMC. If the payments under this Terms of Use are subject to the reverse-charge-mechanism, VAT is owed by User. User will pay this VAT for FMC. In this case, the FMC shall refer to the reverse-charge-mechanism in all invoices. User shall comply with any additional reasonable requests of FMC in relation to such invoices. Provided the User has a VAT registration within the European Union, User acts under its VAT ID No and will forward valid VAT ID to FMC.
  • Payment may be made only via credit card of the following payment card service providers: American Express, Mastercard, or Visa. You immediately pay during the ordering process by entering your credit card details into the frame provided by Our service provider.
  • The ordered EACCME Accredited Content will only be delivered after receipt of payment.
  • By placing an order, You agree that the invoice for Your order is provided electronically via e-mail as an attachment.
Back To Top