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General Terms and Conditions

Service provider within the meaning of the German Telemedia Services Act (TMG):

Deutsche Gesellschaft für Hämatologie und Medizinische Onkologie e. V.
represented by the Acting Chairman
Prof. Dr. med. Michael Hallek
Alexanderplatz 1
10178 Berlin, Germany
Telephone: +49 (0)30 27 87 60 89 – 0
Telefax: +49 (0)30 27 87 60 89 – 18
Email: info@dgho.de

Register of associations: Charlottenburg Local Court
Registry number 95 VR 25553 Nz
Tax number 1127/027/37906
VAT ID No. DE263662397


For the sake of simplicity, no distinction has been made between the masculine and the feminine gender in these General Terms and Conditions. Words used in the masculine gender apply also in the feminine.

1. Subject
1.1 The web pages www.onkopedia.com and www.onkopedia-guidelines.info provide the members of the affiliated professional associations with a use option for accessing more detailed information about the guidelines. By entering his access data, the registered member can read, save and print concrete medical drawings, tables and records.
Other interested persons of full age can become DGHO-Onkopedia special members after registration and payment; they gain access to the complete contents of the Onkopedia website after they have acquired the special membership by actuating the button "Conclude fee-based contract".
1.2 The membership contribution for the DGHO-Onkopedia special membership becomes payable immediately upon login with the billing for the first year. The DGHO-Onkopedia special membership costs Euro 40.00 per year (as of Jan 2018). The user can settle the first contribution online with the credit cards that are accepted. For the subsequent years, payment can be made via SEPA direct debit mandate or once again via credit card. If a payment cannot be collected, the user shall bear all the resulting costs, in particular in connection with the return of debit notes, rejected credit cards and similar fees, to the extent that he is responsible for the event from which the costs arose. DGHO e.V. shall deliver the bills to the users via electronic mail.  
1.3 The web pages of the provider are a service offer to its visitors. The provider will try to offer uninterrupted service for access by the visitor. However, downtimes cannot be excluded even while exercising utmost care. The provider reserves the right to modify, add to or delete its offer, parts of its offer and/or pages at any time without any special notice.
1.4 Insofar as the provider concedes to the user the option of booking one or more additional services by third-party providers in addition to his DGHO-Onkopedia special membership, the user shall conclude separate contracts for such additional services with the respective third-party providers. In particular, the termination of such a contract regarding additional services by a third-party provider or interruptions in performance of such services shall have no influence on the contractual relationship between DGHO e.V. and the user with regard to the DGHO-Onkopedia special membership. The General Terms and Conditions and Data Protection Policies of the respective third-party providers who are the contractual- and contact partners of the user shall be applicable to such additional services by third-party providers.

2. Registration, assurances at the time of registration, comments
2.1 Prior to availing of the additional information, the user must register himself and, in the process, provide the following information: Salutation, title, first name, last name, address, email, telephone.
2.2 The user confirms that all the data provided by him at the time of registration are true and complete. The user undertakes to immediately notify DGHO e.V. of any changes to his personal data. The user may not use any pseudonyms.
2.3 The user gives an assurance that he is of full age at the time of registration.
2.4 After he has registered, the user will receive an e-mail with his access data at the e-mail address specified by him. He is obliged to keep his access data a secret and only use them personally. DGHO e.V. will not disclose the password to third persons and shall not ask the user for the password at any point of time.
2.5 With the completion of the registration process, the user submits an offer for the conclusion of a contract regarding the use of the services offered by the Onkopedia web page. DGHO e.V. accepts this offer by enabling the user for accessing the services of the Onkopedia web pages. With this acceptance, the contract between the user and DGHO e.V. is deemed to have been concluded.
2.7. Each user may register himself only once and may create only one profile.
2.7. Notes on "Comment" function:
- The comments express the opinion of the respective author and do not reflect the DGHO's opinion.
- The author agrees that his comments will be posted on the web pages of DGHO Deutsche Gesellschaft für Hämatologie und Medizinische Onkologie and will be available there for access. He hereby concedes to DGHO the right to post, copy, make accessible and publish his comments on the web pages of DGHO Deutsche Gesellschaft für Hämatologie und Medizinische Onkologie. This right is irrevocable and unrestricted in terms of time, place, content and volume of retrieved data.
- Furthermore, the author gives an assurance to DGHO Deutsche Gesellschaft für Hämatologie und Medizinische Onkologie that his comments are lawful and shall not include any illegal and/or criminally liable contents.
- The DGHO Deutsche Gesellschaft für Hämatologie und Medizinische Onkologie reserves the right not to publish the comments or to delete them.
- The comment must refer to the respective guideline and/or the concerned subject.
- Please remain objective and relevant in your contributions.
- Please refrain from abusive and libellous statements in your comments.
- No commercial comments or self-advertising.
- Guidelines covered by right to freedom of expression - judgement delivered by Higher Regional Court, Cologne (15 U 221/11, 28 O 523/11)

3. Information about the customer's right of cancellation
Insofar as you have registered with DGHO e.V. for a purpose that can neither be attributed to your commercial activity nor to any independent professional activity, the following provisions shall apply to you as a consumer under the law (§ 13 German Civil Code):
3.1 Right of cancellation
The user can cancel his contractual statement within 14 days without giving any reason in text form (e.g. by letter, fax, email). The cancellation period commences from the receipt of this information in text form, but not before the contract has been concluded and also not before we have fulfilled our obligation to inform under Article 246 § 2 in conjunction with § 1 Para. 1 and 2 of the Introductory Law to the German Civil Code (EGBGB) as well our obligations as seller under § 312d  Para. 1 Sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 §3 EGBGB. The cancellation period shall be deemed to have been observed if the cancellation notice is dispatched on time. The cancellation notice should be addressed to:
DGHO e.V.
Alexanderplatz 1
10178 Berlin
Fax: +49 30 27876089-18
Email: onkopedia@dgho.de
3.2 Consequences of cancellation
In the case of a valid cancellation, any performances received on either side and  any use derived from the performances (e.g. in the form of interest) must be returned/recompensed. If the user cannot return the received performance or recompense its use (e.g. advantages derived from use) either fully or partially or can only return it in a worsened condition, he must compensate the seller for the lost value in equal measure. In this case, the contractual payment obligations would have to be fulfilled anyhow for the period up to the cancellation. Obligations towards reimbursement of payments must be fulfilled within 30 days. For the user, the cancellation period begins with the dispatch of the cancellation notice; for the seller, the cancellation period starts with the receipt of the notice.
3.3 Special instructions
The right of cancellation expires prematurely, if the contract is fully fulfilled on both sides at their explicit wish before the right of cancellation is exercised.
End of information on cancellation.

4. User's duties
4.1 The user is obliged
4.1.1 to provide only true and non-misleading information at the time of registration and in his communications and not to use any pseudonyms,
4.1.2 to respect all the applicable laws and all third-party rights when using the contents and services on the Onkopedia web pages. The user is in particular forbidden from using legally protected contents (e.g. by copyright, trademark-, patent-, design patent- or utility patent right) without being entitled to do so, and advertising, offering or distributing legally protected goods or services. He is also forbidden from engaging in or promoting anti-competitive activities including soliciting of customers if forbidden from doing so according to professional standards.
4.1.3 to refrain from harassment, even if it does not constitute infringement of any concrete laws:
4.2 The user shall refrain from the following activities:
The use of mechanisms, software or scripts in connection with the use of Onkopedia web pages is not allowed. The user may, however, use the interfaces or software that have been made available to him by the provider in the context of the services offered on the Onkopedia web pages.
Every activity that impairs the functioning of the Onkopedia infrastructure and, in particular, strains it excessively, is forbidden.

5. Modification of services on the Onkopedia web pages
The provider reserves the right to modify the services offered on the Onkopedia web pages or to offer alternative services.

6. Termination of the contract, refund of payments made in advance
6.1 The user and the provider can terminate the DGHO-Onkopedia membership annually without stating any reasons and with a notice period of 14 working days up to the end of the billing period for which payment has already been made. The user can terminate the contract by email, fax or letter. The user name and a user email address registered on the Onkopedia web pages must be mentioned on the notice of termination. The provisions of Point 6.1 do not affect the rights of either party to terminate the contract for good cause.
6.2 A good cause for termination is given if:  
- the user does not comply with the statutory provisions,
- the user commits breach of his contractual duties,
- the user does not pay his membership contribution.
If the user terminates his membership, the user's claim to refund of payments made in advance is excluded. Unless the user has terminated the contract for a good cause that is attributable to the provider.

7. Customer service
The user is welcome to ask questions and request explanations pertaining to his contract with DGHO e.V. or to the services offered by the provider at any time.

8. Exclusion of liability
Damage compensation claims – regardless of their legal grounds – against DGHO e.V. (including its vicarious agents), which presume slight negligence, are valid only if a cardinal contractual duty has been infringed. A cardinal duty is a duty whose fulfilment the user ought to be able to depend on and whose fulfilment is the prerequisite for the proper execution of the contract.
The amount claimed as damage compensation in this case is limited to the amount of typically foreseeable damage.
The restrictions do not apply insofar as the damages are covered under the commercial third-party liability insurance concluded by DGHO e.V. and the insurer has paid to DGHO e.V. DGHO e.V. is obligated to maintain the cover that existed at the time of conclusion of the contract.
The liability exclusion also does not apply in case of damages arising from loss of life, or harm caused to body or health, which are attributable to a negligent breach of duty by DGHO or a wilfully intended or negligent breach of duty by one of DGHO's legal agents or vicarious agents.
Claims arising from bodily harm as well as material damage covered under the Product Liability Act – if any - remain unaffected.

9. Notes on data processing
9.1 DGHO records the customer's data in the context of processing of contracts. Privacy statement


10. Final clause
10.1 Contracts between DGHO and the customer shall be governed by the law of the Federal Republic of Germany in conjunction with the UN Convention on Contracts for the International Sale of Goods.
10.2 Insofar as the customer is a businessman, a corporate body under public law or a public separate estate, the court of jurisdiction for all disputes arising from the contractual relationship between the customer and the provider shall be the place where the DGHO has its registered office.
10.3 Even if individual points of the contract become ineffective, this shall not affect the validity of the remaining parts of the contract. The points that have become ineffective shall be replaced by the relevant statutory provisions, if any.

Berlin, May 2018