Terms and Conditions – Simply Wound Care by HARTMANN Application
Responsible for the Simply Wound Care by HARTMANN Application:
Paul Hartmann AG
Tel.: +49 7321 36 0
Fax: +49 7321 36 3636
PAUL HARTMANN AG (“HARTMANN”) operates the Simply Wound Care by HARTMANN Application under Simply Wound Care in the Apple Store and on Google Play for Android. The Simply Wound Care by HARTMANN Application is a platform dedicated to wound care professionals. The Simply Wound Care by HARTMANN Application provides services and information about wound care, such as branch-specific events, product information, and scientific content. In this context, the Simply Wound Care by HARTMANN Application also offers additional services via various channels to the users. HARTMANN manages user settings as well as subscribe to and unsubscribe from other services related to the Simply Wound Care by HARTMANN Application.
Content and design of the Simply Wound Care by HARTMANN Application are known to the user.
HARTMANN accepts no responsibility for the topicality, correctness, completeness or quality of the information and services provided. Liability claims against HARTMANN relating to material or non-material damage caused by the use or non-use of the information and services provided or by the use of incorrect and incomplete information and services are excluded as a matter of principle, provided that there is no demonstrable intentional or grossly negligent fault on the part of HARTMANN.
All offers on the Simply Wound Care by HARTMANN Application are subject to change and non-binding. HARTMANN expressly reserves the right to change, supplement or delete parts or the entire offer without separate announcement. HARTMANN is entitled to discontinue the operation of the Simply Wound Care by HARTMANN Application in whole or in part at any time. In this respect HARTMANN accepts no responsibility and is not liable for the uninterrupted availability of the Simply Wound Care by HARTMANN Application.
Furthermore, HARTMANN is entitled to block access to the Simply Wound Care by HARTMANN Application at any time without prior notice and without giving reasons.
- Website access, user obligations, use of user data, deletion of user profile
For reasons of security and protection of business transactions, at some parts of the Simply Wound Care by HARTMANN Application only registered users have access to. Access to the aforementioned parts of the Simply Wound Care by HARTMANN Application is password protected.
All other parts of the Simply Wound Care by HARTMANN Application can be accessed without a user registration.
The use of the Simply Wound Care by HARTMANN Application is free of charge.
- Rights of use of information, software and documentation
HARTMANN grants the user a simple, non-transferable and non-alienable right to use the LINK Website contents to the extent agreed between HARTMANN and the user or, in the absence of such an agreement, to the extent of the purpose obviously pursued by HARTMANN in providing the Simply Wound Care by HARTMANN Application.
The user will not pass on the Simply Wound Care by HARTMANN Application to third parties or make it accessible in any other way. Insofar as there are no mandatory statutory provisions to the contrary, the user may not modify, disassemble, reverse engineer or decompile Simply Wound Care by HARTMANN Application.
The Simply Wound Care by HARTMANN Application is protected by copyright laws, international copyright treaties and other intellectual property laws and conventions, and the user is obligated to comply with these laws and conventions. In particular, user shall not remove any alphanumeric codes, trademarks or copyright notices from the Simply Wound Care by HARTMANN Application.
- Responsibility for posted content, right of deletion, copyright and trademark law
All contents which the user places on the Simply Wound Care by HARTMANN Application (e.g. posts, comments, etc.) and which are provided by HARTMANN are in the sole responsibility of the single user. HARTMANN cannot be held responsible in case of a violation of applicable law. However, HARTMANN reserves the right to delete such content violating applicable law (especially in case of a violation of the personal rights of other users) at any time without prior notice.
All trademarks and other industrial property rights mentioned within the Simply Wound Care by HARTMANN Application and, if applicable, protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the registered owner. The mere mentioning of a trademark does not imply that it is not protected by third party rights. The copyright for published content created by HARTMANN itself remains solely with HARTMANN. Any duplication or use of copyrighted works is not permitted without the prior written consent of HARTMANN.
- Further user duties
When visiting the Simply Wound Care by HARTMANN Application, the user must not
- damage or violate the personal rights of third parties;
- violate intellectual property or other property rights;
- upload, store or distribute content that contains malware such as viruses, trojans, worms, spyware or other malicious programs;
- upload, store or distribute hyperlinks or content that is illegal, violates confidentiality obligations or to which the user is not entitled;
- distribute advertising material or unsolicited emails ("spam"), including false warnings of viruses, defects, etc.
In the case of direct or indirect references to external websites ("web document") which are outside the area of responsibility of HARTMANN, HARTMANN would only be liable in the case that HARTMANN has knowledge of the contents and it would be technically possible and reasonable for HARTMANN to prevent the use in the case of illegal contents on the external websites. As far as direct or indirect links can be created by the individual users, the users themselves are responsible for ensuring that no illegal content can be identified on the external websites at the time of the link. HARTMANN has no influence on the current and future design of the content or the authorship of the external websites. Therefore, HARTMANN hereby expressly distances itself from the current and future design of the content or authorship of external websites.
The Simply Wound Care by HARTMANN Application may contain information or data provided by third parties. HARTMANN accepts no liability for such third-party information or data.
- Material defects or defects of title
Any warranty or liability for defects of quality or title of the Simply Wound Care by HARTMANN Application, express or implied, is excluded, including warranties of accuracy, completeness, merchantability and/or fitness for a particular purpose or the absence of third party rights, except in cases of wilful misconduct, gross negligence, personal injury or death.
The Simply Wound Care by HARTMANN Application may contain general descriptions of the technical possibilities of individual products of HARTMANN, which may not always be available in individual cases (e.g. due to product changes). These general descriptions make no claim to completeness or correctness. Such general descriptions are also not to be understood as contractual guarantees and the user accepts that the required performance of the products corresponds to that agreed at the time of conclusion of the contract.
- Data protection
The personal data collected by HARTMANN during registration must be provided by the user in full and correctly to the extent required. In the event of incorrect information or a change in the personal data, these must be corrected immediately by the user or by HARTMANN.
In order to safeguard the overriding interests of HARTMANN and on the basis of statutory regulations, personal data of users may, insofar as necessary, be processed even after the end of the user relationship for the purpose of clarifying misuse and for legal prosecution, and may be passed on to law enforcement authorities and to third parties whose rights have been violated if there are actual indications of such misuse that must be documented.
- Place of jurisdiction
The place of jurisdiction for all disputes arising in connection with the use of the Simply Wound Care by HARTMANN Application is Munich, provided that the parties to the respective contractual relationship are merchants within the meaning of the German Commercial Code (HGB).
- Severability clause, amendment of these Terms and Conditions, applicable law, applicability terms of delivery and payment
Should any provision of these Terms and Conditions be or become invalid in whole or in part, or should a loophole be found in these Terms and Conditions, this shall not affect the validity of the remaining provisions of these Terms and Conditions. In place of the ineffective condition and to fill in any gaps, the statutory provision shall apply. If the invalidity of a condition is based on a measure of performance or time (period or deadline) specified in the condition, the legally permissible measure that comes closest to the condition shall take its place.
These Terms and Conditions shall be governed exclusively by German law to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods of 11.4.1980 (UN Sales Convention).
Otherwise the terms of delivery and payment of HARTMANN apply. These are either available at any time at https://www.hartmann.info/en-corp/generaltermsconditions or can be viewed directly at HARTMANN.