Terms of use

These internet pages are intended to provide general information about B.Braun, its products and services. They are not meant to provide specialist advice or instructions concerning the products and services sold by B. Braun. For special enquiries concerning our products and services, please contact B. Braun directly.

These internet pages contain information on products which is targeted to a wide range of audiences and could contain product details or information otherwise not accessible or valid in your country. Please be aware that we do not take any responsibility for accessing such information which may not comply with any legal process, regulation, registration or usage in the country of your origin.

We will do our best to provide you with accurate and up-to-date information. However, B. Braun cannot be held liable for damage occurring in relation to this information. Therefore, we do not accept any warranty or guarantee either explicitly or by conduct and do not make any assurances with regard to the accuracy and completeness of the supplied or referred information. The use of our internet pages and all other (link) pages with which they are connected and their contents is at the user’s own risk.
Neither B. Braun, nor any other party involved in the production, provision, design or maintenance of the entire internet presentation or individual parts thereof or of the pages or presentations linked to ours is liable in any form for any direct or indirect damage, or damage with or without fault which may occur as a result of access to, the use of, or inability to use the internet presentation of B. Braun or the information presentations to which it is linked. Before using or applying our products, the user information enclosed with these products must be heeded.

These internet pages also contain information from third parties and suggest links to other internet pages. Wherever possible, these are marked accordingly. We cannot accept any liability for information provided by third parties.

All pictures and information contained in these internet pages, insofar as they are reproducible, are protected by copyright or by other industrial property rights. All product names, written in capital letters or marked in other ways in these internet pages, are trademarks of the B. Braun concern. The use and reproduction of this information is not permitted without the prior written consent of B. Braun.

We reserve the right to change the contents of these internet pages without previous warning, whenever we consider this appropriate. No liability ensues from this.

 

TERMS OF USE FOR THE WERK_39 APPS

  1. SCOPE OF APPLICATION

The following terms of use apply for your use of the werk_39 portal managed by the B. Braun Group (hereinafter, “B. Braun”):

By downloading and using a werk_39 app for the first time you accept the following terms of use for the use of our apps. Deviating user terms that contradict these general terms of use do not apply. An up-to-date list of authorized representatives and contact addresses can be found in the Imprint section on our homepage www.werk39.com.

 

  1. MAIN FEATURES OF THE WERK_39 APPS

Braun provides you, as the user of the werk_39 apps, with information, data and documents as a service feature and offers the opportunity to communicate directly with B. Braun employees. The main features of the B. Braun apps are:

2.1 The purpose of the werk_39 apps is to digitally provide information, data and documents on B. Braun products, therapeutic areas and general services. The werk_39 apps are a process support for the user.

2.2 The werk_39 apps give you the option of synchronizing the content locally to your tablet device, create annotations and comments where necessary, and to save them locally temporarily.

2.3 B. Braun reserves the right to place advertisements and banner advertisements in the werk_39 apps. If it is necessary to register with a werk_39 app to access additional content, by registering you expressly agree to B. Braun sending you targeted information and promotions regarding B. Braun products, services and apps by email or post and to B. Braun storing and processing your personal data for this purpose.

2.4 B. Braun reserves the right to analyze and commercially use the article-related data contained in the werk_39 apps.

 

  1. CONCLUSION OF THE CONTRACT AND SERVICES

The contract for the use of the werk_39 apps and the functions they offer is concluded when a werk_39 app is downloaded and used for the first time.

3.1 Identification, registration and access to werk_39 apps

To use the services offered by the werk_39 portal, the user must register on  www.werk39.com , including acceptance of the terms of use, and enter a personal password.

When registering, please also ensure that the information you provide in your user profile, particularly your first name and surname, address, institution, role and email address, is true and correct.

You undertake to immediately update any information in the event that it changes via the “My Profile” function on the werk_39 portal.
The right to use the services for a werk_39 app automatically ends if the terms of use are breached or if B. Braun withdraws the right of use at its own discretion. This can be done without B. Braun specifying the reasons.

3.2. Use of the login details

The login details are intended for personal use by the user in question only. The user must not pass on their data, particularly their password to third parties, relatives or colleagues. The user is obligated to keep their login details, particularly their password, secret and to prevent unauthorized use of werk_39 apps by third parties. If the user becomes aware of a misuse of their login details or suspects that their login details have been misused, B. Braun must be informed immediately. In the event of misuse or suspected misuse, B. Braun is entitled to block access immediately. The user is liable for all consequences of third party use if they are responsible for the misuse of their login details. In particular, the user is particularly responsible for the misuse if they facilitated the unauthorized use of the login details, even if only through negligence. The liability only ends when the user informs B. Braun in writing (for contact details, see Imprint) of the unauthorized use and has, if necessary, changed their password.

3.3 End and withdrawal of access authorization

Braun reserves the right to temporarily or permanently block, without giving reasons, the login details of users in the event that these terms of use are breached, in particular as a result of incorrect data being entered in the user profile, the unauthorized disclosure of login details, particularly the password, and/or the misuse of content and applications provided by B. Braun, and/or to definitively revoke the user’s access with immediate effect or with a discretionary notice period and cancel the contractual relationship extraordinarily and without notice.

3.4 Services; email services

3.4.1 Access to information

By downloading a werk_39 app and, if applicable, by providing additional identification, and registration, the user obtains access to the different free information, documents and services offered.

3.4.2 News update, newsletter and regular status emails

Braun reserves the right to inform you, as the user, from time to time about the latest content when you start a B. Braun app.

You have the option, at any time, to object to any future use by requesting the deletion of your account under “My Profile” within the werk_39 profile. In this case, you will lose the authorization to continue use additional content that you activated by registering. Braun stores the non-personal data, to be able to reactivate your account. If you want to reactivate your account, or if you want to have your data deleted write an email to info@werk39.com.

For the receipt of an email, you must enter an email address used only by you or an email address assigned to you personally for your use only. Entering other email addresses, in particularly third party email addresses, is not permitted.

In the event of a technical or any other problem, you can email info@werk_39.com for technical assistance in the event of deactivation.

 

  1. ADDITIONAL PROVISIONS FOR THE USE OF WERK_39 APPS

4.1. Confidentiality of the login details

Your login details are intended exclusively for your personal use of the service, and you must therefore treat them as confidential.

4.2 Purpose of use

The purpose of use of the services within the B. Braun apps is limited to accessing the content provided by us, the creation of user-related local annotations and comments and the temporary local storage of documents with comments.

 

  1. COPYRIGHT, LICENSING RIGHTS AND TRADEMARK RIGHTS

The design of the werk_39 apps (provided they are not standard app elements) and the text, images, graphics, layouts, sounds, animations, videos and databases they contain are protected by copyright and are subject to other laws for the protection of intellectual property. The reproduction of this information for commercial use is not permitted without the prior written approval of B. Braun. Unless otherwise indicated, they belong to B. Braun.

The service offered by the werk_39 app must not be interpreted as implicitly, through forfeiture of rights, or any other manner, transferring a license or the ownership of a copyright, patent, trade mark or other intellectual property right belonging to B. Braun or a third party.

 

  1. DATA PROTECTION

You are obligated to regularly secure your relevant data and information yourself against loss, damage and alteration to a technical level in line with the importance of the data.

In particular, B. Braun does not provide any guarantee of, or accept any liability for, the annotations/comments added to documents in the app or locally saved versions of the documents remaining unchanged or being saved in the long term as this data can be lost, particularly during updates.

 

  1. DATA PROTECTION; STORAGE

We store your personal data for the purpose of releasing additional content within the werk_39 portal and the targeted provision of information. You can find additional information on the processing of your personal data in the privacy policy on our homepage (www.werk39.com).

 

  1. LIABILITY

Braun’s liability for any damage resulting from the use of a werk_39 app under this agreement or for any other legal reason, in particular, but not exclusively, the accuracy of the page content, the data provided and the documents published in the werk_39 apps, and the absence of any viruses in the B. Braun apps is excluded, provided that liability is not based on intent or gross negligence, including intent by our representatives or vicarious agents or a breach of our fundamental contractual obligations. If a breach of material obligations is attributed to us, the liability for compensation shall be limited to the foreseeable damages that typically occur. Liability due to culpable injury to life, body or health remains unaffected, like the legal liability, in accordance with the Product Liability Law.

This limitation of liability applies in particular, but not exclusively, for direct, indirect, incidental, special or consequential damages, particularly for loss of earnings or loss of benefits, including those resulting from data loss or another violation that occurs as a result of using the services in the werk_39 apps, due to temporary limitations or interruptions in access to the werk_39 apps.

Links to external websites run by third parties can be found in the werk_39 portal. We have no influence over their content. B. Braun accepts no liability for their content. The providers or operators of the pages linked to are responsible for the content of these pages. If we are notified of rights violations, we will remove such links immediately.

The specialist information provided in the werk_39 apps is used solely at the user’s risk.

In particular, B. Braun provides no guarantee that the data is accurate, complete and up-to-date.

Under no circumstances can B. Braun, its employees, representatives, suppliers or contractual partners be made responsible for any damages incurred through the use of the specialist information and data provided in the werk_39 apps. Liability claims against B. Braun associated with the use of the specialist information and data from the werk_39 apps that relate to material or intangible damages are categorically excluded, unless B. Braun has acted in an intentional or grossly negligent manner.

 

  1. CHANGES TO THE TERMS OF USE

Braun reserves the right to amend the terms of use at any time without giving reasons. The new terms of use will be displayed on the homepage at  www.werk39.com . You will not incur any additional or expanded obligations as a result of these amendments.

 

  1. JURISDICTION, CHOICE OF LAW

The exclusive place of jurisdiction for all disputes arising from the use of werk_39 apps shall be Tuttlingen. The law of the Federal Republic of Germany shall apply exclusively.

 

  1. FINAL PROVISIONS

Should individual clauses of these terms of use be or become fully or partially ineffective, this shall not affect the validity of the other terms. A regulation that comes as commercially close to the inapplicable provision in a lawful manner shall replace the inapplicable provision. The same applies for a loophole.

 

Tuttlingen, June 2019

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