TERMS AND CONDITIONS

By applying for an accreditation on this website, you are deemed to have read and agreed to the following Terms and Conditions (as defined hereafter) :

TERMINOLOGY AND INTERPRETATION

Unless the context otherwise requires, each of the following words and expressions in these Terms and Conditions shall have the following meaning:

“Terms and Conditions” refers to the present terms and conditions with all schedules and annexes (if any).

"Applicant", “You” and “Your” refer to the natural person or legal entity accessing this website and applying for the UEMS-EACCME® accreditation system of e-learning materials pursuant to the online process provided on the website https://eaccme.uems.eu.

"The UEMS-EACCME® ", “Ourselves”, “We” and "Us" refer to the Belgian international non-for-profit organization Union Européenne des Médecins Spécialistes AISBL, having its registered seat at B-1040 Brussels (Belgium), Rue de l’Industrie, 24 and registered under the legal entity register (RPR Brussels) of the Crossroads Bank for Enterprises under no. 0469.067.848.

“Party”, “Parties”, or “Us”, refer to both the Applicant and Ourselves, or either the Applicant or Ourselves. Unless the context otherwise requires, (i) words importing the singular shall include the plural and vice versa, (ii) all references to a provision of law include a reference to that provision as amended or re- enacted, (iii) all references to a "party" include references to its permitted assigns and transferees and its successors in title, and (iv) headings contained herein are for ease of reference only.

SCOPE

These Terms and Conditions shall apply to the accreditation application made by the Applicant through the UEMS-EACCME® website (https://eaccme.uems.eu) and shall govern any service or any product supplied by the UEMS-EACCME® to the Applicant in this framework, unless specifically agreed otherwise in writing by the Parties.

By making an application, the Applicant, to the fullest extent permitted by law, waives irrevocably and unconditionally the application of its own terms and conditions to the UEMS-EACCME® accreditation application launched by it.

INTELLECTUAL PROPERTY RIGHTS

Copyrights and other relevant intellectual property rights exist on all text relating to the UEMS-EACCME®’s services and the full content of this website. These rights shall always remain the exclusive and entire property of the UEMS-EACCME®.

The UEMS-EACCME®’s logo, brand names and specific services featured on this website are registered trademarks of the UEMS-EACCME® in the European Union.

Only after confirmation of accreditation has been made can the Applicant use the UEMS and EACCME® logos on material related to the e-learning materials. Any unauthorized use of these logos will result in action being taken by the UEMS, including, but not limited thereto, legal proceedings.

CONFIDENTIALITY

The Applicant commits not to inform or disclose to third parties any confidential information regarding the UEMS-EACCME®, its contractors, employees, suppliers, representatives, advisors, agents and/or any related company, except in case of a prior express consent in writing by the UEMS-EACCME®. This obligation shall apply throughout the duration of the contract between the UEMS-EACCME® and the Applicant as well as for a period of five years following the end of the contract.

Confidential information is all information and documents that are exchanged between the UEMS- EACCME® and the Applicant, either oral or spoken, regardless of their nature, and whether or not these are marked as confidential.

PRICES

The fee for a UEMS-EACCME® accreditation application relating to an e-learning material is determined in accordance with the principles set forth in the “Accreditation of E-Learning Materials by the EACCME®” document which is available through this following weblink: https://eaccme.uems.eu.

This document is an integral part of the present Terms and Conditions. The Applicant acknowledges that it has read such documents and undertakes to comply with their applicable terms.

The fee for a UEMS-EACCME® accreditation application relating to an e-learning material is determined in accordance with the number of modules. The Applicant shall submit in good faith the number of modules for the accredited e-learning material. When the Applicant submits a number of modules below the number of actual modules, the UEMS-EACCME® will send an additional invoice based on the actual number of modules.

Any tax of any kind on the fee payable to us shall be borne by the Applicant in accordance with any applicable regulation.

The Applicant shall provide correct billing information, and in case of a VAT exemption, the certifying documents proving such exemption.

The UEMS-EACCME® reserves the right, in its sole discretion, to change its fees at any time. A UEMS- EACCME® accreditation application submitted before a modification of the fee will be charged at the rate applicable at the time that it was made.

The Applicant acknowledges and agrees that the review by Us of an UEMS-EACCME® accreditation application shall only start if the fee has been entirely paid.

PAYMENT

Bank transfers and online payments are acceptable methods of payment. In the case of a bank transfer our terms are payment in full and free of bank charges within seven days of the date of receipt of the invoice. In the case of an online payment the service fee will be borne by the applicant. Provision of service by the UEMS-EACCME® will only be performed upon receipt of the full payment upon submission.

Any delay in payment shall give rise to interests on the account of late payment, at the statutory rate in accordance with Belgian law. We reserve the right to seek recovery of any monies remaining unpaid sixty days from the date of invoice via debt collection agencies and/or through court. In such circumstances, you shall be liable for any and all additional administrative and/or court costs.

If the Applicant fails to pay an invoice at its due date, the UEMS-EACCME® reserves the right to suspend the processing of any pending or future application until full payment.

LIABILITY

To the fullest extent permitted by law, except in the case of intentional negligence or misconduct on its part, the UEMS-EACCME® excludes all liability for damages arising out of or in connection with your application and/or the use of this website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised the UEMS-EACCME® of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.

To the fullest extent permitted by law, the Parties agree that the total liability of the UEMS-EACCME® for damages that are the consequence of its failure to fulfil the contract shall, in any case, be limited to DATA. The Applicant shall indemnify and hold harmless the UEMS-EACCME®, its employees and its contractors and agents from and against any and all liability to a third party, if exceeding or different from its liability to the Applicant.

TERMINATION OF AGREEMENTS AND REFUNDS POLICY

The Applicant has the right to terminate any service agreement for any reason, at any time, including the ending of services that are already underway in accordance with the rules contained in this section of the Terms and Conditions. No refund will be provided.

In case of serious breach of these Terms and Conditions which is not remedied within 5 days of notice by the UEMS-EACCME® by the Applicant, the UEMS-EACCME® shall have the right to terminate a service agreement without compensation. This termination shall be notified in writing to the Applicant. No refund shall be offered, and the UEMS-EACCME® reserves the right to claim an additional compensation from the Applicant by reason of any loss caused by his/her misconduct.

CANCELLATION POLICY

The UEMS-EACCME® will permit an application to be withdrawn within one week of submission for any reasonable reason provided by the Applicant and will return the application fee if it was already paid. The Applicant will be charged with the processing fee and any bank charges that are incurred.

After one week, it will not be possible to withdraw the application or receive reimbursement for cancellation except in exceptional circumstances to be duly justified by the Applicant and upon written acceptance of the UEMS-EACCME®. However, in accordance with the amendment procedure it will be permissible to make necessary and appropriate changes to the information submitted.

REJECTION POLICY

In the case of rejection of an application, the UEMS-EACCME® will not refund the fee paid at the time of application.

POSTPONEMENT POLICY

Before an application has been sent to review, whether it has already been paid or not, it is possible to postpone it upon written notice to the UEMS-EACCME® without any additional charge or fee.

Once the application has been sent to review, the UEMS-EACCME® will not accept any change except for one postponement. Any other change will be evaluated on a case-by-case basis and may require a new submission.

INCOMPLETE APPLICATION POLICY

If the Applicant does not complete his/her application within the deadlines set by the UEMS-EACCME®, the application will be automatically rejected without any reimbursement.

PERSONAL DATA PROCESSING

The Applicant shall obtain the consent of its members to the processing by the UEMS-EACCME® of their personal data, in accordance with the UEMS-EACCME® Privacy Policy and any applicable privacy regulation. The UEMS-EACCME® reserves the right to suspend the processing of any application until all necessary data has been provided. The UEMS-EACCME® excludes all liability for any damage arising from the delay in the processing of the application due to non-compliance with this provision.

FORCE MAJEURE

Neither party shall be liable to the other for any failure to perform any obligation under any agreement which is due to an event beyond the control of such party including but not limited to any terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of his/her control, which causes the failure to perform any obligation or the termination of an agreement or contract entered into, nor which could have been reasonably foreseen.

Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavours to comply with the terms and conditions of any agreement contained herein. The obligations of the affected Party shall be reduced and deadlines shall be prolonged for the duration of the force majeure. Both Parties shall use all reasonable endeavours to limit the consequences of the force majeure on the contract or the agreement as much as possible.

WAIVER

Failure of either Party to insist upon strict performance of any provision of this or any agreement contained in these Terms and Conditions or the failure of either Party to exercise any right or remedy to which it is entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any agreement. No waiver of any of the provisions of these Terms and Conditions or any agreement shall be effective unless it is expressly stated to be such and signed by both Parties.

SEVERABILITY

If any of the present provisions are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these Terms and Conditions and the remaining provisions will continue to apply. The Applicant and the UEMS-EACCME® shall negotiate in good faith in order to replace the invalid or unenforceable provision by a valid and enforceable one, which should be as close to the purpose of the original one as possible.

Failure of the UEMS-EACCME® to enforce any of the provisions set out in these Terms and Conditions and any agreement, or failure to exercise any option to terminate, shall not affect the validity of these Terms and Conditions.

COMMUNICATION

We have several different e-mail addresses for different queries. These, and other contact information, can be found on our Contact Us link on our website or via UEMS-EACCME® literature or via the UEMS-EACCME® ’s stated telephone number.

The UEMS-EACCME® is registered in Belgium under the registration number: 0469.067.848

The registered office is located at Rue de l’Industrie, 24, BE-1040 Brussels.

AMENDMENTS

These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the UEMS-EACCME®.

The UEMS-EACCME® reserves the right to change these Terms and Conditions from time to time as it sees fit it being specified that an UEMS-EACCME® accreditation application submitted before a modification of the present Terms and Conditions shall remain governed by the Terms and Conditions applicable at the time that it was made.

CHOICE OF LAW AND JURISDICTION

The laws of Belgium govern exclusively these terms and conditions and all relationships between the UEMS-EACCME® and the Applicant.

Any disputes arising from any agreement subject to these Terms and Conditions are under the exclusive jurisdiction of the courts and tribunals of Brussels.