Terms and conditions
GENERAL CONDITIONS FOR THE USE OF THE DERMAVET.ONLINE WEB PLATFORM AND ITS SERVICES AND CONTENT – Updated 10 April 2021
These conditions (hereinafter, the “General Conditions”) govern the offer, online sale and use of the services on the online platform dermavet.online (hereinafter, the “Site”).
The contract will be concluded between the user, in his capacity as a professional (hereinafter, the “User” and / or the “Customer”), and the company Dermavet.Online s.r.l. (hereinafter, “Dermavet.Online”), with registered office in Milan, via Savano n. 123, VAT number and C.F. […].
Dermavet.Online reserves the right to modify these General Conditions at any time and without notice, it being understood that the General Conditions applicable to a specific contract will be those in force at the time of its conclusion, as determined below.
- COMMITMENT TO GOOD USE OF THE SITE
1.1. The User undertakes not to engage in illegal or fraudulent conduct while using the Site, on the occasion of such use and / or through it.
1.2. In the presence of elements that reasonably lead to suspicion of illegal or fraudulent activities, Dermavet.Online reserves the right not to accept or cancel orders sent by the User, to cancel or limit the use of the Dermavet.Online Account, as infra defined, as well as to inform the competent authorities.
- AVAILABILITY OF THE SERVICE
2.1. Dermavet.Online offers a wide range of contents, advice and services in the field of veterinary dermatology, which the user can use with mobile devices (hereinafter, the “Services”).
2.2. The Services can only be purchased by Users who are veterinarians.
- ACCOUNT AND PASSWORD
3.1. To use the Services called “Community” and “Training” you need to create an account (“Dermavet.Online Account”). By creating a Dermavet.Online Account, the User agrees to and undertakes to:
- Provide complete and accurate information when creating the account.
- Update your account if any information changes.
- Protect your password and don’t share it with anyone.
- Contact us immediately if you suspect someone else is using your account.
3.2. The User who created the Dermavet.Online Account and whose Payment Method, as defined below, is charged (“Account Holder”) is responsible for any activity that takes place through the Dermavet.Online Account. To maintain control of the Dermavet.Online Account and prevent anyone from accessing it (and therefore also, by way of example and not limited to information on the history of views), the Account Holder must maintain control of compatible devices with Dermavet.Online, used to access the service, and must not communicate to anyone the password or the details of the Payment Method associated with the Dermavet.Online Account. It will be the User’s responsibility to update the information provided and make sure it is accurate.
- PAYMENT METHODS
4.1. To be able to use some Dermavet.Online contents (“Community” and “Training”) the Customer must indicate a Payment Method. The User authorizes us to charge the Payment Method associated with his account. Information relating to payment methods will be stored, managed and maintained by the provider who handles our payments. Their privacy policies will apply in relation to your credit card information and other personal details you provide to them. Dermavet.Online does not keep, process or store your credit card information. For some Payment Methods, the issuer may charge some fees. For more details, we invite the user to check with the service manager related to his Payment Method.
- UPDATING OF PAYMENT METHODS
5.1. The user can update the Payment Methods on the “Account” page. We may also update the customer’s Payment Methods based on data received from payment service providers. Following each update, the user authorizes us to continue to charge the available payment methods.
- CONCLUSION OF THE CONTRACT
6.1. The presentation of the Services on the Site constitutes an invitation to offer.
6.2. The creation of the Dermavet.Online Account will therefore be considered as a contractual proposal addressed to Dermavet.Online, in relation to the Services described below.
- “COMMUNITY” SUBSCRIPTION
7.1. Dermavet.Online provides a subscription “Community” service, which allows its subscribers to access videos, images, information and documents (“Dermavet.Online content”) through the dermavet.online web platform with Internet connection, computers and other devices (“devices compatible with Dermavet.Online”).
7.2. The subscription fee of the Dermavet.Online Community service will be charged to the Payment Method on the specific payment date indicated on the “Account” page. The duration of the billing cycle is one year, with automatic renewal until terminated by the user. If a charge is unsuccessful due to Payment Method expiration, insufficient funds or any other reason, and if you have not terminated your account, we may suspend access to the service until we have successfully charged a Valid payment method.
7.3. The subscription to the Dermavet.Online Community will continue until terminated by the user. In order to use the Dermavet.Online Community service, the user must have access to the Internet and a device compatible with Dermavet.Online. Unless the user cancels the subscription before the relevant billing date, he authorizes us to charge the subscription fee for the next billing cycle on the chosen payment method.
7.4. The customer can unsubscribe from Dermavet.Online Community at any time, continuing to have access to the Dermavet.Online Community service until the end of the billing period. Payments are non-refundable and no refunds are given for partially used subscription periods or for unused Dermavet.Online Community content. To cancel your subscription, visit the “Account” page and follow the instructions for cancellation. If the subscription is canceled, the customer’s account will be automatically closed at the end of the current billing period.
7.5. From time to time we may change our subscription plans and the price of our service; however, any changes to the price or subscription plans will take effect no earlier than 30 days from the date on which the relevant notice is sent.
- “TRAINING” SERVICE
8.1. Dermavet.Online provides a pay-per-view “Training” service, which allows its customers to access, for a fee, videos, webinars and documents (“Dermavet.Online Training content”) through the dermavet.online web platform with Internet connection, computer and other devices (“Dermavet.Online compatible devices”).
8.2. The cost of each content of the Dermavet.Online Training service will be charged to the Payment Method on the specific payment date indicated on the “Account” page. If a charge is unsuccessful due to the expiry of the Payment Method, insufficient funds or for any other reason, access to the requested course will not be granted.
8.3. From the moment of payment, the customer will have the right to use the course through the Dermavet.Online platform for a period of three (3) months, after which access will be denied.
- USER CONTENT
9.1. Some of our Services allow the user to share items such as comments, photos, messages or documents with us or with other users. When the user shares their content, they continue to own the intellectual property rights and can share them with anyone they wish. However, to use the content within our Services, the user must grant us a license for any content created or uploaded using our Services. When you upload, transmit, create, publish, view or otherwise provide information, materials, documents, multimedia files or other content on or through our Services (“User Content”), you are granting us an irrevocable license, unlimited, global, free and non-exclusive to copy, reproduce, adapt, modify, distribute, translate, publish, publicly perform and publicly display your User Content (“User Content License”), so that we can provide our Services to all users. We do our best to ensure the security of User Content, but we do not assume responsibility for any loss of User Content or other data. The user is recommended to keep local copies or to back up the contents and other data, in case something does not work properly.
9.2. The user is entirely responsible for the user content provided by the user and for any consequences arising from such user content (including any loss or damage suffered or sustained by us or other users). The user declares and warrants that (i) he is the owner of all rights relating to user content or that he is otherwise authorized to grant us the license of such user content; (ii) the user’s content does not infringe any intellectual property or other rights of third parties; (iii) your content will comply and comply with any regulations and age rating requirements under applicable law (including accurate and appropriate rating and rating of your content, as applicable) .
10.1. We grant the user a limited, non-exclusive, non-transferable and revocable license for the use of our Services. Except for the foregoing, no other right, title or interest will be transferred. Based on these General Conditions and the instructions provided in our Services, the user may not assign or share the Contents with third parties. The user therefore agrees not to reproduce, distribute, modify, publish, license, create derivative works from, offer for sale or use (except where expressly authorized in these General Conditions) contents and information on the Dermavet.Online service or obtained from or through the Dermavet.Online service. The user agrees not to use the service and its contents for public screenings.
10.2. Any reference to our Services also includes all related content and any other material used to implement and secure access to our Services, including updates, new versions, enhancements, changes, revisions or additions to the Services, which we make available to you. . The user acknowledges and accepts that our Services belong to us and our partners and that they are protected by copyrights, trademarks, trade secrets, patents or other intellectual property rights. These General Conditions do not transfer any ownership rights in relation to our Services, but only a limited right of use, which can be revoked on the basis of these General Conditions. The availability and features of our Services may vary over time.
- GUIDELINES FOR THE USER
11.1. We do our utmost to protect the safety and security of all users of our Services. In addition, we strive to ensure that our Services are available without interruption. To help us achieve these goals, you agree to: not reverse engineer, decompile, disassemble or make any attempt to discover the source code or algorithms of our Services; not to modify or disable the functions of our Services; not to create derivative works based on our Services; not to rent, lease, loan, sub-license or provide commercial hosting services using our Services; not to violate our intellectual property rights or the rights of any other person while using our Services; not to use our Services in any way that violates these General Conditions or any law, rule, regulation, code of good practice, guidelines or any other requirement of regulatory authorities, as amended from time to time, within the jurisdiction in which the user is a resident or from which the user uses the Services; not to use our Services in a fraudulent or malicious way, for example to introduce viruses, malicious code or harmful data; not to use our Services in any way that could damage, disable, overburden, harm or compromise our systems or security, or interfere with other users; not obtain or collect information or data from our Services or systems or attempt to decrypt direct transmissions to the servers where the Services are running or from them, except to the extent permitted by applicable law. The user also agrees not to circumvent, remove, alter, disable, degrade or block the protections of the contents in the Dermavet.Online service; use robots, spiders, scrapers or other automatic tools to access the Dermavet.Online service; decompile, reverse engineer or disassemble any software or other product or process accessible through the Dermavet.Online service; insert any code or product or manipulate the content of the Dermavet.Online service in any way; or use any method of data mining or data collection or extraction. You further agree not to upload, post, email or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or telecommunications hardware or terminal associated with the Dermavet.Online service, including virus and any other computer code, file or program. We will have the right to limit or interrupt your use of our service if you violate these General Conditions or use our service illegally or fraudulently.
12.1. The Dermavet.Online service is updated regularly. In addition, we continually test various aspects of our service, including our website, user interfaces, features for promotional purposes and the availability of Dermavet.Online content. These updates and new versions are intended to improve, enhance and further develop our Services and may include bug fixes, patches, improved features, plug-ins and new versions.
13.1 To offer the functionality to the user, our Services may require Internet access. The user acknowledges that access to the Internet may result in charges depending on his payment plan and that we are not responsible for the availability or speed of the Internet. The quality of the Content display may vary by device and may be affected by a number of factors, such as your geographic location, available bandwidth or the speed of your Internet connection. The minimum connection speed required for standard definition viewing is 1.0 Mbps; however, we recommend a faster connection for better video quality. The time it takes to start watching a Content may vary based on a number of factors, including your geographic location, the bandwidth available at the time, the content you have selected and the configuration of your compatible device with Dermavet.Online.
13.2 The Dermavet.Online software is developed by or on behalf of Dermavet.Online and can only be used for the authorized viewing of Dermavet.Online content through Dermavet.Online compatible devices. This software may vary depending on the device and means of use and the features and functions may differ depending on the device. The user acknowledges that the use of the service may require third-party software subject to third-party licenses. The user also agrees to be able to automatically receive updated versions of the Dermavet.Online and third-party software.
- THIRD PARTY SERVICES
14.1. We work with a network of partners to provide the user with useful content within our Services, which may include information, links, advertisements or other content provided by third parties (“Third Party Services”). We are not responsible for and have no control over the Third Party Services, nor are we liable for any damage or loss caused by such Third Party Services.
15.1 We may show the user advertisements or promotions, provided by us or by third parties, while using our Services.
- MODIFICATION OF THE CONTRACT
16.1. Dermavet.Online can, at any time:
- Modify, add, suspend or delete features from our Services, while providing prior notice.
- Suspend or terminate the user’s right to use our Services, including access to their account or data.
- Preventively screen, verify, report, filter, modify, reject, reject, block access or delete any content from our Services.
- TERMINATION OF THE CONTRACT BY THE USER
17.1 The user can terminate the contract at any time by deleting their Dermavet.Online account and stopping the use of our Services.
- TERMINATION OF THE CONTRACT BY DERMAVET.ONLINE
18.1 We can suspend or delete the user’s Dermavet.Online account or interrupt the provision of our Services, in whole or in part, at any time, by means of a written communication, if:
- We are reasonably certain that the user has violated these General Conditions or the instructions provided in our Services.
- The user has clearly demonstrated (directly or with deeds, declarations or otherwise) that he does not intend to comply with these General Conditions.
- We decide to discontinue our Services in whole or in part (worldwide or in the country where the user resides or from which he is using our Services).
- Applicable law requires us to terminate our Services, in whole or in part (for example, due to changes in applicable law or judicial judgments or judgments that make or cause our Services or parts of them to be considered illegal).
18.2 If we suspect or delete the user’s Dermavet.Online account, we will try to notify him via the e-mail address associated with that account or at his next attempt to access the account or our Services, depending on the circumstances. In all these cases, these General Conditions will no longer apply and the user’s license for the use of our Services will be terminated. This means that the user will no longer be able to use any of our Services. All of the above does not affect any rights, obligations and responsibilities that the user or we have accrued or incurred during the term of the contract.
19.1 We will provide the user with reasonable notice of any change, suspension or interruption of our Services, unless such change, suspension or interruption is urgent, in which case we will inform the user concurrently with the same. Within the maximum limits permitted by applicable law, we will not be liable to the user or third parties if we exercise these rights.
20.1 Dermavet.Online attempts to ensure that such materials are accurate and up-to-date, but cannot be held responsible for errors, defects or inaccuracies. Dermavet.Online does not represent or warrant that the Services:
- will be compatible with your hardware or software,
- will function uninterrupted, timely, secure or error-free,
- they will be suited to the user’s needs and suited to meet any specific level of performance or functionality; or
- will always be available or free of harmful components or errors, including viruses, interference, alterations or other violations of safety regulations.
We reserve the right to discontinue or modify the Services at any time upon notice.
- LIMITATION OF LIABILITY
21.1 To the maximum extent permitted by applicable law, Dermavet.Online makes no representations or warranties of any kind to apply to the services and associated with the content / information including warranties of merchantability, fitness for a particular purpose and non-violation of the rights of third parties that may otherwise apply. To the maximum extent permitted by applicable law, we will not be liable for loss, damage or liability of any kind, except for direct damages suffered by the user as a result of Dermavet.Online’s breach of these General Conditions and within an amount. maximum equal to the consideration paid by the user who is assumed to be damaged for the Services that would have caused the damage.
21.2. If such limitations and exclusions of liability are not permitted in the relevant jurisdiction, our liability will be limited to the maximum extent permitted by applicable law.
22.1. If, with our express consent, you use our Services as part of your business, commercial or professional activity, you agree to indemnify, defend and hold harmless us, our licensors, our agents and all our directors and employees from any claim, action, loss, damage, liability, judgment, contribution, cost and expense (including reasonable attorney’s fees) of any third party, arising from: (i) your use of our Services or your use by any person authorized to do so by the user, who does not comply with these General Conditions, (ii) any breach of this Agreement by the user or any person authorized by the user to use our Services, or (iii) any violation of any law or regulation or any third party right by you or any person authorized by you to use our Services.
- COPYRIGHT POLICY
23.1. We respect the intellectual property rights of others. We may suspend or terminate an account or cease providing our Services, in whole or in part, to an account if we reasonably believe that account has repeatedly infringed intellectual property rights.
- APPLICABLE LAW / DISPUTE RESOLUTION
24.1. These General Conditions and the user’s relationship with us pursuant to these General Conditions will be governed and interpreted in accordance with Italian law.
24.2. Any dispute, even of a non-contractual nature, that may arise in relation to these General Conditions will be resolved by arbitration according to the simplified arbitration procedure referred to in Annex D to the Rules of the Arbitration Chamber of Milan.
- ENTIRE AGREEMENT / SEVERABILITY OF CLAUSES
- NO WAIVER
26.1. If we decide not to exercise or apply any right or remedy established in these General Conditions or which we may benefit from under any applicable law, this will not be construed as a waiver of our rights or remedies, which will remain available to us.
- RESERVE AND FEEDBACK
27.1 Nothing contained in these General Conditions gives the user the right to use the name Dermavet.Online or any trademark, logo, domain name and other distinctive features of the Dermavet.Online brand. All rights, titles and interests relating to our Services (excluding content provided by third parties) are and will remain the exclusive property of Dermavet.Online and its licensors. If the user chooses to make comments, ideas, feedback or suggestions available, we will be free to use such comments, ideas, feedback or suggestions as we deem appropriate and without any obligation towards the user.
28.1. We will send information relating to your account (for example, payment authorizations, invoices, password or Payment Method changes, confirmation messages, notifications) exclusively in electronic format, for example by email to the email address you have provided to us at the time. registration. The user agrees to receive all agreements, notifications, notices and other communications in electronic format, including via e-mail.
- CUSTOMER SERVICE
29.1 For more information about our service and its features or if you need assistance with your account, please contact us via the Dermavet.Online “contact” page on our website or write to us at the email address: info@ dermavet.online