Siemens Healthineers Diagnostics India Webshop Terms of Registration & Use (“Terms”)
Version January 2022
Preamble
Siemens Healthineers operates a Shop for medical professionals (“Shop”). The Shop provides for institutions from the healthcare sector the possibility to purchase accessories, wear and tear parts and consumables for medical equipment.
0. Definitions
In this document the following terms have the meaning set out below:
“Account” means the account of the Institution or the Individual User entitling the Institution and/or the Individual User to use the Shop
“Account Owner” means the Institution or User respectively
“Administrator” means the person appointed by an Institution as administrator of the Institution Account.
“Affiliated User” means an Individual User owning an Affiliated User Account.
“Affiliated User Account” means a User Account that an Administrator of an Institution elects to affiliate to an Institution Account.
“Approver” means a role within an Account allocated by the Administrator to an Individual User allowing such User to approve purchase orders for the Institution.
“Feedback” shall have the meaning as defined in section 4.2.
"Individual User" means any individual registered with a User Account.
"Institution" means the institution, hospital, medical praxis or other legal entity registered with an Institution Account.
“Institution Account” means the Account of an Institution entitling the Institution to the use Shop.
“Registration Data” means the data as per section 2.1a.
“Revised Terms” shall have the meaning as defined in section 5.1
“Software” shall have the meaning as defined in section 4.1.
“Purchase Terms” means the terms and conditions agreed between the Institution and Siemens Healthineers, governing commercial transactions.
"Siemens Healthineers" means Siemens Healthcare Private Limited, having registered office at Unit No. 9A, 9th Floor, North Tower, Godrej One, Pirojshanagar, Eastern Express Highway, Vikhroli East, Mumbai – 400 079 India
“Terms” means these Siemens Healthineers Shop Terms of Use.
“User Account” means the Account of an Individual User entitling the Individual User to use the Shop.
1. Scope
1.1 These Terms together with Siemens Healthineers Website Terms of Use govern the relationship between the Account Owner and Siemens Healthineers regarding the use of the Webshop.
1.2 These Terms do not govern the contractual relationship relating to any purchases, those are subject of purchase terms.
1.3 Any other provisions, in particular any general terms and conditions of the Institution, shall not be effective, irrespective of whether they have been explicitly rejected by Siemens Healthineers or not.
1.4 The Shop is provided exclusively for Account Owner upon online registration, for use in the course of professional activities.
2. Accounts and Access Credentials
2.1 The Account Owner shall:
- Provide only accurate and complete information for registration purposes ("Registration Data") and keep such Registration Data up to date at any time;
- Not use pseudonyms or pen names;
- Provide adequate proof to verify the Registration Data if so requested by Siemens Healthineers;
- Carefully store access credentials and protect them from unauthorized access;
- Not share access credentials with any third party or with Siemens Healthineers; and
- Not circumvent or disclose the authentication or security of the Shop or any host, network, or account related thereto.
- If an Institution Account shall be created only establish one (1) Institution Account per Institution;
2.2 The requirements of Section 2.1 shall apply accordingly to all Affiliated User Accounts and the Institution shall procure that such requirements shall be met for any Affiliated User Account. In case of a violation or a suspected violation, Siemens Healthineers is entitled to disable access to the respective Account.
2.3 The Institution shall be responsible for any content and information posted, submitted or otherwise disclosed, and for any other act or omission under its Account or under any Affiliated User Account.
2.4 The Institution accepts and agrees that any contractual declaration made under an Institution Account or under an Affiliated User Account is made on behalf of the Institution and shall be contractually binding upon the Institution.
2.5 The Institution shall be responsible for the appointment of an Administrator and at least one Approver and the administration of any Affiliated User Account including the permissions assigned to such Affiliated User Account. The permissions of the Affiliated User Account can be changed at any time by the Administrator of the Institution to ensure compliance with Institution’s internal rules and responsibilities.
2.6 The Account Owner can request deletion of its Account by sending notice to Siemens Healthineers or in the settings of his/her Account. Siemens Healthineers will upon receipt of such request contact the Account owner and align the date of deletion.
3. Shop
3.1 Through the Webshop, Siemens Healthineers provides for Account Owner the possibility to purchase certain Siemens Healthineers` products, solutions and services for medical equipment subject to Purchase Terms, e.g. accessories, wear and tear parts and consumables subject to purchase terms.
3.2 The Shop provides for functionality enabling online acceptance of Purchase Terms. By clicking on the acceptance button or comparable and by the Approver the Account Owner submits to Siemens Healthineers an offer to purchase the selected products which may be accepted by Siemens Healthineers. A contract will only be concluded upon acceptance by Siemens Healthineers of the offer made by the Account Owner.
3.3 Siemens Healthineers will use commercially reasonable efforts to:
- provide for the security of the Shop,
- enable the download and technical licensing mechanisms
- avoid unauthorized access of third parties to the Shop and
- provide for the availability of the Shop.
In the event of planned downtimes, Siemens Healthineers will provide prior notice as soon as reasonably feasible.
4. Ownership; Feedback
4.1 Siemens Healthineers and/or its licensors own all legal rights, titles and interests in and to the Webshop, and any software provided to the Institution in connection with the Webshop ("Software"), including any and all intellectual property rights that exist therein, whether registered or not, and wherever in the world they may exist. The Webshop contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Neither the Institution nor any third party shall obtain any express or implied rights in or to any part of the Webshop.
4.2 If the Account Owner communicates suggestions for improvements relating to the Webshop ("Feedback"), Siemens Healthineers shall be entitled to use Feedback at its discretion and without restriction.
5. Modifications
5.1 Siemens Healthineers may restrict, alter or reduce any of the services provided under these Terms, or modify these Terms at any time by providing a revised version of the Terms ("Revised Terms") in accordance with section 5.2 below.
5.2 Siemens Healthineers will give the Institution at least six (6) weeks' notice of any material modification of the Terms by sending a message or presenting a notification, e.g. a pop-up on the Shop.
5.3 Siemens Healthineers reserves the right to make non-material modifications at its own discretion. The modified Terms will be accessible by following a link in the Webshop.
6. Limitation of Liability
6.1 Siemens Healthineers will not be liable for any unavailability or malfunction of the Shop except for liability permitted under applicable laws of India. Siemens Healthineers shall be liable as per the terms of sales in clause 3.1.
6.2 The Institution shall be obliged to take adequate measures to avert and reduce damages.
6.3 In order to protect the Webshop against cyber threats, it is necessary that the Account Owner implements – and continuously maintains – a holistic, state-of-the-art security concept protecting its IT infrastructure. The Account Owner shall also support Siemens Healthineers in protecting against cyber threats. This means the Account Owner shall particularly not and shall make sure that Individual Users do not
- connect systems to the Webshop that do not comply with state of the art security policies or
- use the Webshop in a way that impairs or disrupts the integrity of the Webshop or Siemens Healthineers IT infrastructure or
- transmit any data containing viruses, Trojan horses or other programs that may damage or impair the Webshop or Siemens Healthineers IT infrastructure.
7. Notices
7.1 Notices to the Account Owner will be provided by email or as notification within the Shop.
7.2 Unless otherwise stated, the Account Owners` notices to Siemens Healthineers shall be send by email to contact.dxindia.func@siemens-healthineers.com
8. General Provisions
8.1 These Terms shall be governed by the laws of India excluding conflict of laws provisions.
8.2 Exclusive place of jurisdiction shall be Mumbai.