Article 1 – Definitions
1.01″ISGE”: is a non-profit, tax exempt corporation established exclusively for educational, scientific and charitable purposes governed by the Maryland Non-profit Corporation Law “International Society for Gynecologic Endoscopy” with registered offices Viale Regina Margherita, 157, Rome Italy.
1.02 “Organizations” the organizations (events, activity) organized by ISGE as posted on the website www.isge.org.
1.03 “Participant” (Customer, Buyer) any person or legal entity who subscribes to an organization organized by ISGE by filling in the registration form, as provided on the Website, and sending it to the ISGE, whether or not on behalf of another person or legal entity. Registration is only open for persons who act in exercise of their (independent) professional or commercial activity.
1.04 “Participation” (Ordering) any inscription to an Event organised by ISGE.
1.05 “Confirmation of Participation” the verification by ISGE of availability and confirmation of the participants participation, by e-mail.
1.06 “Parties” or “Party”: ISGE and the Customer, or either one of them.
1.07 “General Conditions”: the present general terms and conditions of sale.
1.08 “Website”: www.isge.org the website of the ISGE or the different landing pages (Sub Websites) connected to the website of ISGE.
Article 2 – Registration
2.01. The Participant can register for an Event by (1) downloading the registration form provided on the Website, filling it in and returning it by e-mail or fax, as indicated on the registration form, or (2) in as far as available, by creating an account on the Website by following the registration procedure described at the Website. This registration procedure implies the obligation for the Participant to identify himself by giving a username (his email address) and a password. The username and passwords are personal and confidential. The ISGE declines any liability in case of abusive use of a Participant’s username or password. The Participant shall be solely responsible for the data provided in the registration form. The ISGE can under no circumstances be held liable for any damages following any errors or faults in the provided data.
2.02. The ISGE reserves the right to exclude, at any time, a Participant, for instance in case of frequent, abnormal and/or abusive behaviour during the Organization(s). The Participant shall be informed of his exclusion by an e-mail sent to the address indicated at the time of his registration.
Article 3 – Products description and availability
3.01. The Organizations staged by the ISGE are those figuring at the Website with a description of their essential characteristics, competences needed by the Participant, etc., at the time and day of the Website consultation by the Participant. The ISGE implements all reasonable means to display at the Website the availability of an Organization, but shall in no circumstances be liable if an Activity is fully booked and participation of the Participant to the specific Event is no longer possible. In case of the unavailability of one of the Activities the Participant registered for, the Participant shall be informed and shall have the choice to either modify his Order or cancel it. In case of cancellation following unavailability of an Activity, the Participant shall be reimbursed of the amount of his Order if payment was already made minus Administrative costs of 15%. In specific cases – as detailed on the website – reimbursement will be denied.
3.02. Offers of the ISGE hold no obligations or commitments on the part of the ISGE and can be withdrawn by the ISGE at any time. The ISGE takes great effort to ensure that Organizational information, such as specifications, brochures, presentations, leaflets, on the Website are as accurate as possible. However, this information is to be used as references only. The photos, legends, and other descriptive elements illustrating the Activity are merely for informative purposes.
3.03. The ISGE takes no responsibility for any misrepresentation due to errors or omissions however communicated. In fulfilling any Order, the ISGE holds the right to have minor deviations as related to the descriptions found on the Website regarding the characteristics of the Activity or the material used during the Organization(s), as far as they reasonably match the expectations of the Participant.
3.04. ISGE cannot under any circumstances be held liable if the competences trained or learned during the Activity(s) or the material and tools provided during the Organizations(s) are used in an incorrect, irresponsible or illegal manner by the Participant, nor for material or physical damage to third parties caused by incorrect, irresponsible or illegal use of the such competences or material/tools.
3.05. ISGE reserves the right to make changes or additions to the Organization following new developments, new materials, etc.
Article 4 – Order confirmation
4.01. After having registered for an Activity, as defined in article 2 of this General Conditions, the Participant shall (1) pay the price by bank transfer, PayPal or credit card, as needs to be indicated on the registration form, or (2) in as far as online registration is technically available, be invited to finalize the Buying process, by clicking on “Proceed to payment”. By paying, in both cases, the Participant declares to fully accept without reserves the whole present General Conditions and validates definitively his Order. In as far as online payment is provided, all online payments are processed for the ISGE by external professional and specialized partners who control a payment infrastructure. The ISGE has no access to the confidential financial information of the Participant. The online payments are executed through safety protocols. All online payments are subjected to the general terms and conditions of the external partner of the payment infrastructure who is the sole responsible for the correct processing of all online payments.
4.02. Any agreement is dependent and conditional upon the Order Confirmation. After receipt of payment and upon availability of the Organization, the ISGE shall confirm each Order by sending an e-mail to the Participant on the Address indicated by the Participant when he registered. This Order Confirmation shall mention among other things, the Order date, the Organization registered for, the price, as well as the time, date and place of the Activity. The data recorded by the ISGE, as well as the Order Confirmation, constitute the proof of the contractual relationship between the Parties.
4.03. After payment has been made by the Participant, the Order cannot be cancelled by the Participant. The Participant can inform the ISGE of its wish to transfer the payment to a different Activity organized by the ISGE. The ISGE can agree with such transfer in as far as there are still places available in the said Activity. The ISGE shall not reimburse any payment made by the Participant. If the other Activity is more expensive in price, the surplus shall be borne by the Participant. No reimbursements will be made in case the Participants does not participate to an Activity, unless the Participant can provide genuine reasons for his absence, such as but not limited to illness, death of a family member, or any other case of force majeure.
Article 5 – Price
The prices of Organization(s) are those which apply at the time of Participants’s Order. The prices on the Website include, unless specified otherwise, a fee for participation to the Activity, as well as the material used during the Activity, unless otherwise stated on the Website. The prices do not include any travel and lodging costs, restaurant costs or any other similar costs, which shall be borne by the Participant. The prices given are the gross prices and include the statutory incidental taxes. Value added taxes are not included in the given prices. and shall be charged additionally if required by law. ISGE reserves the right to modify its prices at any time, but Organizations shall be invoiced on the basis of the purchase price in force at the time of the Participant’s Order.
Article 6 – Privacy protection and personal data processing
Article 7 – Liability
7.01. The responsibility of the ISGE is at all times limited to the execution of the Organization(s) to its best efforts. ISGE does not provide any warranties regarding the outcome of the Organization(s) (ability to perform certain procedures, competences, etc.), nor regarding the contents and timings of the programme of the individual Activity(s), the speakers, the date or the venue. As such, ISGE shall not be liable for any conference/ programme amendments and/or cancellations, such as speaker cancellation. In case the Event does have to be cancelled completely, the ISGE shall fully reimburse the price to the Participant – unless otherwise stated on the Website-, without any other compensation being due by the ISGE. In the event, a Participant has a complaint regarding the Activity(s) followed, he/she shall inform the ISGE within a period of five (5) days after termination of the said Organization. In case of a validly founded complaint, ISGE shall, at its sole discretion (1) offer the Participant to reattend a similar Activity, free of charge, or (2) reimburse an amount equal to the disadvantage suffered by the Participant – unless otherwise stated on the Website.
7.02. Under no circumstances, ISGE’s liability under the present General Conditions shall exceed the actual sums paid or to be paid at the time of the transaction concerning the Organization with respect to which such claim is made, whatever the cause or the form of the claim.
7.03. To the extent permitted by applicable law, there are no other warranties, conditions or other terms that are binding on ISGE than the ones mentioned in these General Conditions. The ISGE will not be liable to the Participant (or any other parties):
- for any indirect, incidental, consequential, punitive or exemplary damages, or for loss of income, profits, bargain, revenue, contracts, goodwill, use, enjoyment, time, data, electronically transmitted orders or other economic advantage (but not to the extent that applicable law prohibits liability exclusions or limitations for intentional torts, gross negligence, damages arising out of product liability or other fault bases), except in the event of damages that result from ISGE’s gross negligence or intent as well as in the event of health dangers, life dangers and bodily injuries. The liability according to the product liability law remains unaffected.
- all inconveniences or damages linked to the use of Internet, such as a service rupture, an external intrusion or the presence of informatics viruses, unauthorised access by a third party to the Participants’s account, or any other event constitutive of force majeure.
- for any shortcoming in the performance of any obligation caused by force majeure or hardship. In case of force majeure or hardship ISGE may at its discretion (1) temporarily suspend the Organization; (2) cancel the Organization definitely. By force majeure and hardship are understood, among other things (this list is purely given as an example): unavailability of the speaker/teacher, scarcity of materials/tools, ice formation, exceptional weather conditions, strikes, mobilisation, wars, disease or accidents, communication and information technology breakdowns, government measures, export bans, delays in deliveries, transport and/or travel obstacles, including lack or withdrawal of transport facilities, export obstacles, import obstacles, breakdowns, traffic jams, etc.
Article 8 – Intellectual Property
8.01. ISGE or its licensor retains all rights, ownership, and interest in any copyright, trademark, or other intellectual property rights to products, documentation, know–how or any other information used/provided during or in relation to the Organization, as well as the name, (trade)mark and logo under which the Organizations are provided.
8.02. Nothing in these General Conditions shall be construed to grant to the Participant any rights, ownership or interest in ISGE or its licensor’s copyrighted material, trademark(s), or other intellectual property rights to the products, documentation, know –how or any other information used/provided during or in relation to the Event.
8.03. ISGE cannot be held liable for any breach of other intellectual property rights by independent speakers or any other third parties involved in the organisation of the Activity(s). ISGE shall under no circumstances be liable for the content of the lecture of an independent speaker.
8.04. The Participant agrees to cooperate with and assist ISGE at its own expense, in the protection of trademarks, patents, or copyrights owned by or licensed to ISGE and shall inform the ISGE immediately of any infringements or other improper action with respect to such trademarks, patents, or copyrights that shall come to the attention of the Customer.
Article 9 – Contact and enquiries management
In case a Participant has a question related to the Organization, he can contact ISGE using the following email address: email@example.com. ISGE will contact the Participant within a maximum 5 working days delay to provide an answer to the Participant’s enquiry.
Article 10 – Governing Law and jurisdiction
10.1. The General Conditions are governed by law of the United States of America.
10.2. In the event of a dispute, the Parties shall try to find an amicable solution before initiating any proceedings. Failing an amicable settlement, the dispute shall be subject to the exclusive jurisdiction of the competent courts of New York.
Article 11 – Object and scope of application
11.1. The General Conditions define the rights and obligations of the Parties within the context of the Events.
11.2. The General Conditions are concluded between ISGE and its Participants.
11.3. The Parties agree that their relations shall be exclusively governed by the General Conditions, to the exclusion of all conditions previously available at the Website. ISGE rejects all other provisions and conditions (including those of the Participants), only with the exception of terms and conditions that ISGE expressly signs as agreed.
11.4. Any Order of the Participant implies the prior consultation and express agreement to the present General Conditions by the Participant.
11.5. By inscribing to an Activity, the Participant demonstrates to possess full legal capacity. Any person, who is incompetent, may not, under any circumstances, subscribe to an Activity, or must do so through the intermediary and under the responsibility of his legal representative, identified in the way described in Article 11.2 of the present General Conditions. This legal representative must respect the present General Conditions.
11.6. The present General Conditions are subject to amendments at any time. It is important that the Participant reads them on a regular basis. Each version is specifically dated. Orders are therefore governed by the online General Conditions in effect at the time Orders are placed.
Article 12 – Separable provisions
12.1. If one or more provisions of the General Conditions are held invalid or declared as such by application of a law or a regulation, or following a final decision form a competent court, this shall not affect the validity of the other provisions.
12.2. The General Conditions and the Order Confirmation transmitted to the Participant form a contractual ensemble and constitute the whole contractual relationship between the Parties. If there is any contradiction between those documents, the General Conditions shall prevail.
Article 13 – Modification
The ISGE reserves the right to modify the General Conditions at any time and shall communicate the new version to the Participants through the Website www.isge.org.