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Terms of Use
These terms of use govern the legal relationship between our company and the website user.
This website (“Website”) is provided by B. Braun Australia Pty Ltd (“BBAUS”) under these "Terms of Use" and any amendments or supplements made from time to time (collectively the “Agreement”) by BBAUS. The user of this Website, or any other services or content provided through the Website, shall be taken to have consented to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if the user had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Website.
This Website is intended to provide general information about BBAUS and its related bodies corporate. (collectively “B. Braun”) and the products and services provided by the respective companies. They are not meant to provide specialist advice or instructions concerning the products and services sold. This Website contains 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 outside of Australia and New Zealand. 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 outside of Australia and New Zealand.
In addition, this Website may contain information on health issues, medical questions and fitness topics, as well as the respective treatment measures. Such information should not be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Medical advice should always be sought from a qualified medical practitioner and all user information enclosed with these products must be heeded prior to use.
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 or any omission or inaccuracy thereof.
We do not make any warranty or guarantee either explicitly or by conduct. No representation or assurances are made with regard to the accuracy and completeness of the supplied or referred information on this Website. The use of our Website and all other (linked) pages with which they are connected and respective contents is at the user's own risk.
BBAUS and all other parties involved in the production, provision, design or maintenance of this entire Website, any individual parts thereof or any pages or presentations linked are not liable in any way whatsoever for any direct or indirect damage, which may occur, whether with or without fault as a result of access to, the use of, or inability to use the Website or any pages therein or any links.
These internet pages also contain information from third parties and suggest links to other internet pages. Wherever possible, these are marked accordingly.
We do not accept any liability for information provided by third parties and inclusion of any third party link does not imply an endorsement or recommendation by us nor does it imply any form of warranty as to the accuracy or completeness of such information.
For special enquiries concerning products and services, please contact the relevant B. Braun company directly.
This website serves to provide general information about B. Braun, its products and services. It does not serve to give specialist advice or instructions regarding the products and services sold by B. Braun. For special inquiries relating to our products and services please contact B. Braun directly.
These websites contain product information that is directed at a broad target group and may contain product details or information that is otherwise not available or valid in your country. Please note that we do not assume any responsibility for the access to such information that under certain circumstances does not comply with the respective valid statutory procedures, regulations, registrations or customs in your country.
We make an effort to make precise and up-to-date information available to you. Nevertheless, we do not assume any liability for the completeness, actuality and accuracy of the information. The liabiltiy for direct or indirect damages of an intangible or tangible kind is excluded. The use is exclusively carried out at the own risk of the user, unless the inaccurate information was recorded willfully or gross negligently.
All images and information of these websites are, insofar as they are capable of reproduction, protected by copyright law or by other industrial property rights. All product names, written in capital letters or marked in any other manner in these websites, are trademarks of the B. Braun Group. The use and the reproduction of this information for commercial use is not permitted without the prior written approval of B. Braun.
B. Braun reserves the right to change the contents of this website at any time and without notice.
We will make reasonable efforts to make the Website available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions.
We may also at any time terminate your use of or access to the Website and we will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website.
Access to and use of password protected and/or secure areas of the Website and/or use of the services provided by B. Braun (“Services”) provided at B. Braun’s extranet are restricted to authorised distributors and customers of the relevant B. Braun company with accounts only (“Authorised Users”).
Users may not obtain or attempt to obtain unauthorised access to such parts of this Website and /or Services, or to any other protected information, through any means not intentionally made available by us for your specific use. A breach of this provision may be an offence under the relevant laws.
The following Terms of Use will apply to your use of the My B. Braun portal for customers (hereinafter: “My B. Braun”) of B. Braun Melsungen AG (hereinafter: “B. Braun”):
By accepting the Terms of Use during initial login to the My B. Braun, you enter into a usage agreement with B. Braun and accept the following Terms of Use for use of the My B. Braun. Deviating terms of the user which contradict these General Terms of Use, shall not apply.
B. Braun's respective current authorized representatives and their contact addresses can be found in the imprint of the My B. Braun.
The B. Braun Group (the B. Braun Group includes all companies which are directly or indirectly affiliated with one another through the majority of the shares or voting rights, hereinafter “B. Braun Group”) provides information, applications and documents as a service to you as a user of My B. Braun as well as a possibility to contact the employees of B. Braun directly.
The essential features of My B. Braun
1. My B. Braun provides a digital provision of information and documents relating to the products, therapy fields and general services of the B. Braun Group.
2. My B. Braun enables you to communicate directly with B. Braun employees.
3. No user fee is charged. B. Braun reserves the right to place advertisements, including banner ads, within My B. Braun.
The access to My B. Braun is exclusively permitted to persons aged 18 and over with legal capacity. Your use of the online services is authenticated by a user name and associated password, which you enter yourself during registration.
The contract for the use of My B. Braun and the then offered applications and information shall be concluded with your registration at My B. Braun and acceptance of the cited Terms of Use and data protection provisions.
You are entitled to revoke this contract within fourteen days without stating any reasons.
The deadline for revocation is fourteen days from the day on which the contract is concluded.
In order to exercise your right of revocation you must inform us (please insert the corresponding address) by means of a clear declaration (e.g. a letter sent by normal post, fax or e-mail) about your decision to revoke this contract. You can use the sample revocation form filed here for this purpose, which is however not mandatory.
In order to adhere to the deadline for revocation it is sufficient if you send the notification about the exercising of the right of revocation before expiry of the deadline for revocation.
Consequences of the revocation
If you revoke this contract we have to repay you all payments, which we received from you, including the delivery costs (with the exception of the additional costs that arise from the fact that you have chosen another type of delivery than the most reasonably priced standard delivery offered by us), without delay and no later than within fourteen days from the day, on which the notification of your revocation of this contract has been received by us. For this repayment we will use the same means of payment that you used with the original transaction, unless explicitly agreed otherwise with you; in no way will charges be made to you owing to this repayment.
Sample revocation form
If you intend to revoke the contract then please complete this form and return it.
The use of the service offering requires prior registration of the user with My B. Braun and acceptance of the Terms of Use, as well as allocation of a personal password.
The user additionally affirms that the details provided by him in the user profile, particularly regarding first and last name, address, company and email address, are true and correct. The user is obligated to report any change to his or her details without delay.
The right to use the services via My B. Braun will end automatically in case of a violation of the Terms of Use, or in the event that B. Braun withdraws the use according to its sole discretion. Said withdrawal can occur without stating any reasons.
The access data are exclusively determined for the personal use by the relevant user. The user may not forward the data, particularly his or her password, to third parties, including family members or colleagues. The user is obligated to always maintain secrecy regarding the access data, particularly the password, and to prevent unauthorized use of My B. Braun by third parties. If the user becomes aware of or even merely suspects a misuse of the access data, he or she must inform B. Braun without delay. In case of misuse or suspected misuse, B. Braun is entitled to immediately block the access to My B. Braun. The user is liable for all consequences of use by third parties, insofar as he or she is responsible for the misuse of access data. The user is particularly responsible for the misuse already if he or she also only enabled the unauthorized use of the access data due to negligence. The liability shall only end when the user informs B. Braun in writing (See imprint for contact details) of the unauthorized use and has changed his or her password if necessary.
B. Braun reserves the right to temporarily or permanently block the access data of the user in case of violations of these Terms of Use, particularly due to false details in the user profile, unauthorized forwarding of access data, particularly the password and/or misuse of My B. Braun, without specifying reasons and/or to finally withdraw the user's access with immediate effect or with an appropriate period of notice and to terminate the contractual relationship extraordinarily and without notice.
3.6.1 Access to information
After the successful identification and registration the user will receive access at My B. Braun to various information, documents and applications.
3.6.2 Email messages
Free e-mail messages will be offered to the user within My B. Braun. The user must specify an email address used only by him or her or an email address assigned for his or her sole use for receipt of these emails. Specifying other email addresses, particularly those of third parties, is not permitted.
A respective de-activation will be made available in order to cancel the e-mail services. In the event of technical or other problems technical support with the deactivation is available to the users under the address mybbraun@bbraun.com.
Your access data are intended solely for your personal use of the offering and you shall treat them confidentially.
The purpose of the use or participation in the set-up forums as well as further services is restricted to the exchange of opinions and experience with employees of B. Braun or, within individual user groups, with other registered users.
Particularly within the scope of the participation in forums or joint project rooms the customers have the possibility to upload own materials (e.g. photographs, texts, etc.) in My B. Braun. The customers are solely responsible for the contents of these materials. The customers hereby indemnify B. Braun and its employees from any and all claims of third parties, particularly claims due to an infringement of copyrights, registered design rights, trademark rights and/or personal rights in connection with their materials. The customers further assure that the contents of the materials are not unlawful and particularly do not breach any criminal laws. B. Braun reserves the right to interrupt the online placement of your materials or to remove materials already made available online if there is suspicion of an infringement of rights or third parties or a violation of legal regulations, particularly criminal laws, and is not obligated towards the customers to inspect their materials for any such violations or in any other way.
Irrespective of the aforementioned provisions, B. Braun reserves the right to delete your materials after expiration of a reasonable deadline to be determined by B. Braun.
The design of My B. Braun as well as the text, images, graphics, layouts, sounds, animations, videos and databases contained therein are protected by copyright respectively subject to other laws protecting intellectual property. Insofar as not otherwise identified, B. Braun is entitled to said rights.
The offering of My B. Braun may not be construed as granting either expressed or implied, any rights by license including but not limited tothe title to a copyright, patent, trademark or other property right of B. Braun or a third party.
The user is responsible for regularly securing data and information that are relevant for him or her himself/herself against loss, damage and change at a technical level that is appropriate for the significance of the data.
Any information provided under or in connection with My B. Braun shall be deemed as property of B. Braun. The user shall not disclose such information to third parties without prior written consent of B. Braun.
The user shall retain all confidential information received from the other party under or in connection with this Agreement in strict secrecy. This shall not apply to information which becomes available otherwise or to the extent disclosure is permitted by the other party in writing. In any case the obligations of this confidentiality obligation shall survive termination of this agreement.
B. Braun saves these Terms of Use and the personal data specified in the customer profile for the purposes of technical allocation of your contact partners in the B. Braun Group and the target group-oriented provision of information. Further information regarding the handling of the customers’ data can be derived from the privacy policy.
B. Braun always makes an effort to make My B. Braun available without interruptions and to enable fault-free transmissions. This can, however, not be guaranteed among others owing to the condition of the Internet. The access for customers can occasionally be interrupted or restricted in order to enable repairs, maintenance or the introduction of new facilities or services. B. Braun always makes an effort to limit the frequency and duration of each of these temporary interruptions or restrictions.
The liability on the part of B. Braun for all damages resulting from the use of My B. Braun according to this agreement or for any other legal grounds, in particular, however not exclusively,
is excluded.
These limitations to liability shall particularly apply, but not exclusively to direct, indirect, incidental, special or consequential damages, particularly for lost profits or loss of benefits, including due to data loss or other disruptions which occur as a result of the use of services in My B. Braun, due to temporary restrictions or interruptions to access to the My B. Braun.
The aforementioned limitations to liability shall not apply in case of willful intent or gross negligence including with willful intent or gross negligence by B. Braun representatives or vicarious agents or in the event of the breach of cardinal contractual obligations. Insofar as B. Braun is accused of breaching cardinal contractual obligations, liability for damages is limited to foreseeable, typically occurring damages. Liability due to culpable injury to life, bodily injury or health-related harm and statutory liability according to the German Product Liability Act remains unaffected.
B. Braun reserves the right to amend the terms of use at all times and without specifying reasons. The amendments will be reported to the My B. Braun users at My B. Braun. The user must agree to the amendments to the terms of use. If the user objects to the amendments, each party has the right to end the relevant agreement by termination with immediate effect. For this reason the user’s objection shall require a text form to the B. Braun Group (mybbraun@bbraun.com). Insofar as the user has neither objected to, nor approved the terms of use within 4 weeks after knowledge, B. Braun has the right to block the access to My B. Braun.
The possibility to amend the terms of use shall, however, neither exist for amendments, which restrict the contents and scope of the voluntary service of B. Braun existing for the respective user for the disadvantage of the user, nor for the introduction of new obligations for the user not determined in the terms of use so far.
Publisher
B. Braun SE
Carl-Braun-Straße 1
34212 Melsungen
Postadresse
34209 Melsungen
Germany
Tel. +49 (0) 56 61-71-0
Fax +49 (0) 56 61-71-45 67
E-Mail info@bbraun.com, press@bbraun.com
Management Board
Anna Maria Braun, LL.M. (Chief Executive Officer)
Dr. Annette Beller
Priv.-Doz. Dr. Stefan Ruppert
Dr. Jens von Lackum
Markus Strotmann
Chairman of the Supervisory Board: Prof. Dr. Thomas Rödder
Registered seat of the company: Melsungen
Register Court: Fritzlar District Court
HRB 12403
Value added tax identification number
DE 255102685
Editorial office
B. Braun SE
Corporate Communications
Carl-Braun-Str. 1
34212 Melsungen
Germany
Tel. +49 (0) 56 61 71-0
Fax + 49 (0) 56 61 71-35 69
E-Mail info@bbraun.com, press@bbraun.com
The exclusive place of jurisdiction for all disputes from the use of My B. Braun is Melsungen, the headquarters of the B. Braun Group. Exclusively the laws of the Federal Republic of Germany shall apply.
Any clause, covenant or provision in this Agreement that is found invalid or unenforceable in whole or in part for any reason shall be deemed replaced by such valid and enforceable clause, covenant or provision whose contents are as close as permissible to those of the invalid or unenforceable clause, covenant or provision and shall not affect the validity of this agreement.
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