Terms of Service

  1. SCOPE OF AGREEMENT

This Terms  of Use and  Conditions of Services  constitutes an agreement  (" the Agreement") by and between the World Medical Device Organization ("we", "us", "our" or "WMDO") and you ("you" , "your" or “User”) and  governs your use of the www.wmdo.org web site ("Site") to access  the online courses and training  dispensed by WMDO together with all information, content, products, materials and services made available to you in relation to the courses and training (which together with the Site shall be collectively referred to as the "Services"). By using or otherwise accessing the Services, or any component thereof, in any manner whatsoever, you agree to be bound by and comply with the terms and conditions of the Agreement.

"Use" of the Services, means any actual or attempted access or use of the Services, including, without limitation, any transmission, exchange of information or communication associated with the Services. These terms and conditions, together with the Data Privacy Notice (Annex1) constitute the entire agreement between you and us, superseding any and all prior understandings, representations or agreements regarding the Services.

WMDO reserves the right to modify the terms of the Agreement at any time and will post a notice of such changes. The changes become effective immediately upon posting (the “Effective Date”). If any change to the Agreement is not acceptable to you, you must stop using the Services and give us notice. Any use of the Services after the Effective Date shall be considered as your acceptance of such changes.   

  1. DEFINITIONS

2.1 The term “WMDO Intellectual Property” refers to, all text, graphics, images, trademarks, logos, button icons, programs, software and other data, content, information, and materials, tangible and intangible accessible to you for the sole purpose of the on-line courses and training and all intellectual property rights in and to the same which are owned by WMDO or licensed to WMDO by third parties. This includes, but is not limited to, WMDO Content and WMDO Trademarks.

2.2 The term “WMDO Trademark(s)” refers to all trademarks and service marks owned by WMDO and registered with the Swiss federal Office of Intellectual Property

2.3 The term “WMDO” refers to World Medical Device Organization, SA.

2.4 The term “WMDO Content” refers to copyrighted content owned by WMDO, or other copyrighted content owned by third-party partners of WMDO.

  1. OWNERSHIP AND USE OF WMDO INTELLECTUAL PROPERTY

3.1 Ownership and Use. WMDO Intellectual Property, is owned by WMDO or licensed to us by our third party partners.. You have no rights in or to such WMDO Intellectual Property and you agree you will not copy, retransmit, reproduce, publish, create derivative works based upon or otherwise transmit any WMDO Intellectual Property, except as specifically permitted under this Agreement.

3.2 WMDO Content. You may only use and access the WMDO Content for purpose of the Services and your personal use, and you agree you will not alter, erase or otherwise obscure our copyright, proprietary or other notices on the WMDO Content. You acknowledge and agree that the WMDO Content is made available for informational and educational purposes only, without any representation or warranty of any kind and that it is not a substitute for any legal advice or your professional judgment. Your reliance upon WMDO Content obtained by you on or through the Services is under your sole responsibility. All rights not expressly granted in the Agreement are reserved to WMDO.

3.3 Trademarks: The WMDO Trademarks (“Marks”) appearing on this site may not be used in any advertising or publicity, or otherwise to indicate WMDO’s sponsorship of or affiliation with any product or service, without WMDO’s prior express written permission. You are prohibited from using WMDO Marks or any names, marks, or other materials in a manner that is likely to cause confusion or dilute or damage the reputation or image of WMDO. You agree you will not alter any WMDO Mark in any manner to make it appear that WMDO is endorsing, sponsoring, authorizing, or affiliated with you, your company, or any third party, except as expressly permitted in writing by WMDO.

Nevertheless you are allowed to publish or post your training Certificate with the WMDO trademark on social media  and  such publishing or posting does not constitute  a WMDO trademark infringement.

  1. LINKS

4.1 Links to Third Party Sites. As a courtesy to Users, we may provide links to other websites or resources owned and operated by third parties. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, services, or other materials on or otherwise made available via such sites or resources. You further acknowledge and agree that we shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services made available on or through any such site or resource.

4.2 Linking to WMDO. You may obtain permission to link to the Site by agreeing to adhere to the terms of the Linking Agreement which can be obtained from webmaster@wmdo.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

  1. COPYRIGHT COMPLIANCE AND COMPLAINTS

5.1  WMDO respects the intellectual property rights of others. WMDO may, under appropriate circumstances and at its discretion, disable and/or terminate access to or use of the Service for those users who may be infringing the intellectual property rights of others. You agree to abide by the terms of the European Union new Copyrigapplicable copyright(EUCD) and any applicable copy right regulation and refrain from the following: (a) circumventing WMDO's access control measures to copyrighted works; (b) posting or otherwise offering circumvention technology through WMDO's website or web services; (c) posting links or references to an online location that contains circumvention technology; or (d) engaging in other activities in violation of any  applicable regulation.WMDO has the right to terminate the Agreement of any User found in violation of any applicable  copyright legislation.

5.2 For claims of infringement of WMDO's copyright, we can be reached at webmaster@WMDO.org This e-mail address is being protected from spambots. You need JavaScript enabled to view it.

  1. COMPLIANCE WITH DATA PRIVACY LEGISLATION

6.1 The User agrees to abide by applicable laws when utilizing the Site and Services and contacting other users by email. The User may not use the Site, including, but not limited to the Services, to contact individuals or groups with uninvited commercial email, sexually explicit commercial email, or engage in other activities in violation data privacy applicable legislation such as, but not limited to: (a) harvesting email addresses from the Site; (b) falsifying or using misleading header information; or (c) using deceptive subject lines. The User may not promote WMDO's products or services through uninvited commercial emails without the express written consent of WMDO.

6.2  WMDO will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from users’ failure to adhere to CAN-SPAM, the EU Directive, or any other applicable laws. The User agrees to indemnify, defend, and hold harmless WMDO, its affiliates, officers, directors, employees, consultants, and agents from any and all third-party claims, liability, damages, and/or costs (including, but not limited to, attorneys' fees) arising from the User's activities in violation of the CAN-SPAM Act, the EU Directive or any other applicable laws. The terms of this Agreement will inure to the benefit of WMDO's successors, assignees, and licensees. The User covenants to cooperate fully in the defense of any claim. However, WMDO reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User and User shall not in any event settle any matter without the written consent of WMDO.

  1. REGISTERED USERS ACCOUNT, PASSWORD AND SECURITY

7.1 In consideration for  your use of the Services , you represent and warrant that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the European Union, United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current, and complete information about yourself as prompted by the relevant portions of the Site (the "Registration Data") and (b) maintain and promptly update your Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or WMDO has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, WMDO has the right to suspend or terminate your access to the Services and refuse any and all current or future use of the Site, or any portion thereof.

7.2  You are solely responsible for maintaining the strict confidentiality of your User IDs and passwords and for any charges, damages, liabilities, or losses incurred or suffered as a result of your failure to do so. We are not liable for any harm caused by or related to the theft of your User IDs/passwords, your disclosure of your User IDs/passwords, or your authorization to allow another person to access and use the Services using your User IDs/passwords. You agree to immediately notify us if you become aware of any unauthorized use of your User IDs/passwords or other need to deactivate a User ID/password due to security concerns.

  1. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE CONTENT ON THE SITE (INCLUDING BUT NOT LIMITED TO ALL WMDO INTELLECTUAL PROPERTY, TEXT, MATERIALS, SOFTWARE, FUNCTIONS, SERVICES, AND INFORMATION MADE AVAILABLE HEREIN OR ACCESSED BY MEANS HEREOF) IS PROVIDED AS IS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNDER NO CIRCUMSTANCES WILL WMDO BE LIABLE WMDO DOES NOT WARRANT OR GUARANTEE UNINTERRUPTED ACCESS TO THE SITE, OR ANY SITE LINKED TO THE SITE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR USE OF THIS SITE AND ANY INFORMATION ON THIS SITE.

  1. LIMITATION OF LIABILITY AND RELEASE

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER WMDO, ITS LICENSORS, SUPPLIERS, PARTNERS, AFFILIATES OR THIRD-PARTY SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, OR ANY OTHER FORM OF DAMAGES IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SITE AND SERVICES, REGARDLESS OF THE FORM OF ACTION OR THE BASIS OF THE CLAIM OR WHETHER OR NOT WMDO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Furthermore, the Content on the site (including but not limited to all WMDO intellectual property, text, materials, software, functions services, and information made available is not to be treated as consulting advice and not intended to be a substitute for professional consulting advice.

  1. INDEMNITY

You agree to defend, indemnify and hold us harmless against any losses, expenses, costs or damages (including our reasonable attorneys' fees, expert fees' and other reasonable costs of litigation) arising from, incurred as a result of, or in any manner related to any claim or action based upon (a) your breach of the terms and conditions of this Agreement, (b) your use of the Services, and/or (c) the use of the Services by any other person using your IDs. We may, if necessary, participate in the defense of any such claim or action and any negotiations for its settlement or compromise. No settlement which may adversely affect our rights or obligations shall be made without our prior written approval. We reserve the right, at our own expense and upon notice to you, to assume exclusive defense and control of any such claim or action and then your corresponding indemnification obligation will end.

  1.  RIGHT TO TERMINATE AND/OR TO BLOCK ACCESS

WMDO reserves the right to terminate, block or restrict your access to or use of the Site for any breach or violation of any term(s) of this Agreement. In such event, we may terminate this Agreement, restrict, suspend or terminate your access to and use of the Services immediately and without notice or liability, with or without cause, and it will not limit any other rights or remedies which are available to us. You may terminate this Agreement by providing us with written notice of your termination and ceasing to use or access the Services. Upon the effective date of any such termination, your right to access and use the Services shall immediately cease.

  1. GOVERNING LAW/JURISDICTION/DISPUTES

12.1 This Agreement shall be governed in accordance with Swiss law. Additionally, you also agree that the UN Convention on Contracts for the International Sales of Goods and the Uniform Computer Information Transactions Act (UCITA) will NOT apply to this Agreement or any interpretation or disputes relating thereto.

12.2 All disputes under this Agreement shall be subject to the exclusive rules of mediation and arbitration of the Swiss Chamber of Commerce. The number of arbitrators shall be one (1): the seat of arbitration shall be in Lausanne. The arbitration proceedings shall be conducted in English.

  1. ASSIGNABILITY

This Agreement is personal to you, and you may not assign this Agreement or the rights and obligations hereunder to any third party without the prior express written approval of WMDO.

  1. WAIVER

No waiver by either party of any default shall be deemed as a waiver of prior or subsequent default of the same of other provisions of this Agreement.

  1. SEVERABILITY

If any term, clause or provision hereof is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other term, clause or provision and such invalid term, clause or provision shall be deemed to be severed from the Agreement.

  1. SURVIVAL OF TERMS

Any provision of this Agreement which by its nature must survive the termination of this Agreement in order to give effect to its meaning shall survive such termination, including but not limited to the ownership, intellectual property rights and licensing provisions set forth in this Agreement.

  1. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding of the Parties and supersedes all prior agreements between the Parties and is intended as a final expression of their agreement. It shall not be modified or amended except in writing signed by the Parties hereto and specifically referring to this Agreement. This Agreement shall take precedence over any other WMDO documents which may conflict with this Agreement.