Terms of Use

Last updated: 16.11.2015

1. Scope of Agreement

1.1. The use of the services on the non-public product sites on www.d-minecare.com ("Website") is offered to you by EVER Neuro Pharma GmbH ("EVER") on your acceptance of these Terms of Use ("Terms").

1.2. If you have not already otherwise expressly agreed to these Terms, your usage of this Website constitutes your agreement. If you do not agree to these Terms, you may not use the Website.

2.Scope of services

2.1. EVER provides the users of the Website information about its pharmaceutical products and therapeutic solutions with a clear focus on neurology and critical care as well as additional services which are available free of charge until revoked.

2.2. The use of the Website is subject to a restricted access and strictly limited to health care professionals. Therefore, an authentication process (login via the services of DocCheck – see Pt 4.2.1 below) is required.

2.3. The use of this Website cannot and shall not replace individual pharmaceutical or therapeutic advice by medical professionals. The content of this Website is solely provided as initial information and does not substitute pharmaceutical advice or therapy.

2.4. The information provided by EVER is based on scientific knowledge and practical experience. The general descriptions cannot, however, be transferred to an individual case, due to the variability of clinical symptoms.

2.5. Furthermore, EVER reserves the right, also without notice, to discontinue, change or expand at any time, temporarily or even permanently, any part or all of the services offered on the Website. EVER furthermore reserves the right to remove any information at its own discretion and without stating any reasons at any time.

3. Disclaimer of liability

3.1. The Website is provided free of charge. EVER undertakes all appropriate effort to make correct and complete information available on this Website, but assumes no responsibility, guarantee or liability whatsoever that the information made available, including any database entries are correct, complete or updated. EVER has prepared the content of the Website with due care. Nevertheless, it is not possible to entirely avoid errors, infringements by third parties or mistakes. In consideration of these circumstances, some information may not be up to date, complete or accurate. EVER cannot – according to the fact that services are offered free of charge – guarantee for completeness, reliability, or timeliness of the provided information. If you detect an error, please report it to office@everpharma.com. EVER will make diligent efforts to eliminate such error as soon as possible.

3.2. Further, EVER cannot guarantee that the Website or the services will be uninterrupted or error-free. Temporary connection interruptions may occur. EVER reserves the right to do maintenance work at any time.

3.3. In the light of the Website and services being offered free of charge any liability of EVER for the Website and its content is expressly excluded, particularly for damages occurred by the use or non-use of the information and/or content or by the use of flawed or incomplete information and/or content.

3.4. EVER does not have any influence on the content and presentation of linked internet services and websites. The liability for such content rests with the respective provider. EVER does not adopt the content of the linked websites as its own. Accordingly, EVER is therefore not responsible for the content, the timeliness, completeness, correctness and accurateness of the content of linked internet services and websites.

4. Data protection, declaration of consent in accordance with Sec 107 TKG

4.1. Usage of your personal data

4.1.1. Dealing sensitively with customer data is of greatest importance for EVER. Any entry of personal or business data on the Website by the user is made on a voluntary basis. The collecting, processing and use of data will be based on the applicable legal requirements, especially on the Austrian Data Protection Act ("DSG") and the Austrian Telecommunication Act ("TKG").

4.1.2. All personal data provided by users are stored and used only for information purposes on EVER's projects and products.

4.2. Transfer of data provided to DocCheck 

4.2.1. The login check to the non-public product sites on the Website uses the identification services provided by "DocCheck" (DocCheck Medical Services GmbH, Vogelsanger Straße 66, 50823 Köln, Germany). The login process is performed through DocCheck's servers.

4.2.2. You explicitly agree that the personal data you provided to DocCheck for the use of its services, namely salutation, gender, title, name, address, language, profession, area of expertise, e-mail-address, are transferred to EVER, unless otherwise indicated at the first login process on the Website.

4.3. Declaration of consent 

4.3.1. You explicitly agree that EVER may use your contact details (including the personal data received from DocCheck according to Pt 4.2.2) for information purposes on EVER's projects, products and for advertising purposes within the meaning of Sec 107 TKG.

4.3.2. In addition you explicitly agree that EVER is allowed to transfer your contact details (including the personal data received from DocCheck) to the following affiliates and partner companies in order to enable these recipients to use your personal data for information purposes on their projects, products and for advertising purposes within the meaning of Sec 107 TKG:

  • EVER Neuro Pharma GmbH,Oberburgau 3, 4866 Unterach, Austria

  • EVER Neuro Pharma,D. Jabbarly street, 44, Kaspian-Plaza, AZ-1065 Baku, Azerbaijan

  • EVER Neuro Pharma China,Rm.907, Unit 2, GuangHua Road, SOHO, No 22 GuangHua Rd, Chaoyang District, Beijing, China

  • EVER Neuro Pharma,18600 Prag, Sokolovká 366/84, Czech Republic

  • EVER Neuro Pharma Asia Ltd.,23/F, 8 Commercial Tower, 8 Sun Yip Street, Chai Wan, Hong Kong

  • EVER Neuro Pharma ,off. 49, 97 Dostyk av., Samal Deluxe, 050051 Almaty, Kazakhstan

  • EVER Pharma México,Ejército Nacional No 579-8a Piso Col Granada, CP 11520, México D.F., Mexico

  • EVER Neuro Pharma GmbH,No.294/3, 5th floor, 5-A on Shwegondine Rd, Middle Shwegondine Quarter, Bahan Township, Yangon Region, Myanmar

  • EVER Neuro Pharma,ul.Dygasinskiego 31, 01-603 Warssaw, Poland

  • EVER Neuro Pharma,Strada Neagra Nr. 7, Ap.2, 400011 Cluj-Napoca, Romania

  • Representation of EVER Neuro Pharma / OOO EVER Neuro Pharma,Butirsky Val 68/70, building 1, office 61, 127055 Moscow, Russia

  • EVER Neuro Pharma Ges.m.b.H.,Organizacná zlozka, Slovenská 67, 080 01 Presov, Slovakia

  • EVER Neuro Pharma,Office 5-A, Horizon Podil Business Centre, Nlaberezhno-Khreschatytska 9, 04070 Kiev, Ukraine

  • EVER Neuro Pharma ,Afrosiab Str. 4, Office Block 1B, Office N1, 100000 Tashkent, Uzbekistan

  • EVER Neuro Pharma Asia Ltd.,3rd Floor , 18 Tran Hung Dao Street, Hanoi, Vietnam

  • EVER Neuro Pharma Asia Ltd.,11th Floor, 201-203 Cach Mang, Thang 8 (CMT8) street, Ward 4, District 3, HO CHI MINH, Vietnam

  • EVER Neuro Pharma Asia Ltd.,2nd Floor, No. 79 Quang Trung Street, Danang City, 59000 DA NANG, Vietnam

4.3.3. You may revoke these consents, also separately, at any time, for example by sending a fax to +43 7665 20 555 910 or an e-mail to office@everpharma.com. In case of revokation, EVER as well as its listed affiliates will immediately stop sending further information and/or marketing materials.

4.3.4. If you forward EVER's newsletter to third parties, you are obliged to meet the requirements of Sec 107 TKG and obtain the consent of the recipient prior to sending (opt-in). In this case, you are obliged to indemnify, defend and hold EVER harmless from and against any and all third party claims, damages, liabilities, costs and expenses (including attorneys' fees and expenses).

5. Cookies and Google Analytics 

5.1. In order to improve EVER's digital services to Website users, EVER may record your visit by storing your Internet Protocol number (IP) by Google Analytics, a web analysis service of Google Inc ("Google").

5.2. Google Analytics uses so-called Cookies, text files which are stored on your computer and which allow an analysis of your use of the Website. The information generated by the Cookie about your use of this Website (including your IP address) is transferred to a server by Google in the USA and stored there.

5.3. Google will use this information to evaluate your use of the Website in order to render reports on the Website activities for us and to perform services connected to the use of the Website and the internet. If necessary, Google may also transfer this information to third parties, provided that this is legally prescribed or as far as third parties process these data on behalf of Google. However, in no event Google will associate your IP address with other data stored by Google.

5.4. You may refuse the use of cookies by selecting the appropriate settings on your browser. However, please note that if you do this, you may not be able to use the full functionality of this Website. You can opt-out from being tracked by Google Analytics with effect for the future by downloading and installing Google Analytics Opt-out Browser Addon for your current web browser: http://tools.google.com/dlpage/gaoptout?hl=en.

5.5. By using this website, you explicitly agree to the use of Google Analytics and the processing of data about you by Google in the manner and for the purposes set out above.

6. Copyright protection 

© Copyright 2015, EVER Neuro Pharma GmbH; All rights reserved.

6.1. Elements on the Website, such as texts, pictures, illustrations, as well as design and structure of the Website may be subject to copyright protection and the protection of intellectual property.

6.2. Unless EVER expressly agrees in writing, these elements may not be copied, sent, made available, presented, performed, modified, translated or utilised.

7. Final provisions 

7.1. EVER reserves the right to change this Terms for your future usage of the Website at any time and at its sole discretion. The most recent version of the Terms will be indicated as such and will be published on the Website under "Terms of Use". You are obliged to regularly look up for new amendments. Any subsequent use by you of this Website following the publication of changes to the Terms constitutes your acceptance of any such changes.

7.2. Any legal dispute arising from the use of the Website shall be governed exclusively by Austrian law, without giving effect to any principles of conflicts of law. In case of a consumer contract, the choice of law is effective to the extent that no more stringent consumer protection law at consumer's residence is applicable.

7.3. All disputes directly or indirectly related to or in connection with the use of the Website, including the question of the applicability of the terms and conditions, shall be governed exclusively by the Austrian court having jurisdiction for 1010-Vienna, Austria. This only applies to consumers as set out in the Austrian Consumer Protection Act if they have neither their residence nor their habitual abode in Austria and if they do not work in Austria.