Website legal notice

ISMST Legal Notice of the Website

I. Relevant Company Information

INTERNATIONAL SOCIETY FOR MEDICAL SHOCKWAVE TREATMENT, ISMST, an association incorporated under the laws of Austria, with association registration number 941342744, and corporate headquarters in Ebelsberger Schlossweg 5, 4020, Linz, Austria, and address for notification purposes in the same address, (hereinafter, "ISMST”), is titleholder of the present online platform https://www.shockwavetherapy.org/home (hereinafter, the “Website”), and its use is subject to the present legal notice (hereinafter, “Legal Notice”).

This Website has been created by ISMST with the aim of creating a technological platform and virtual meeting point for physicians and researchers dealing with extracorporeal shockwave therapy (ESWT) which enables them to exchange experience and knowledge in the field as well as to promote research and development of shockwave used in support and movement devices in Europe.

The purpose of the present Legal Notice is to define, as established by ISMST, the terms and conditions governing the engaging of the registration as a member of the ISMST as well as the relationship established between all interested physicians, people and societies and ISMST.

The mere use of the Website confers the status of “Visitor” and implies the acceptance and express recognition of the content of the present Legal Notice, terms of use and conditions related to the Website, included in this Legal Notice and in the rest of legal texts accessible on the Website.

The Visitor must carefully read the present Legal Notice each time he/she accesses the Website, since the Legal Notice may be modified, and the version in force is the one published each moment. The use of the Website implies the express acceptance of these terms and of any modifications that may be done in the future, and consequently, the Visitor must read these terms of use periodically.

Notwithstanding the costs of Internet access and connection, which are beyond ISMST’s control in any case, the use of the Website will be free of charge. However, the acquisition of the services and registration processes offered in the Website have a remunerated character.

Furthermore, the application for ISMST membership through the Website will imply the Visitor’s condition of “User” or “Member” and will be regulated by the present legal notice and ISMST Constitution bylaws, which are accessible in the Website. In this regard, the Member expressly acknowledges and accepts the existence and content of the Constitution bylaws of ISMST and accepts to be bound by the rights and obligations regulated therein.

In compliance with the Federal Act concerning the Protection of Personal Data (DSG 2000) ISMST will provide its Members the necessary information in order to obtain their prior consent aimed at treating their personal data and including them in the corresponding file of personal data in order for IMST to provide the service requested, and proceed with the registration of the Visitor as a Member of ISMST.

In this regard, the Visitor may decide if he/she wants to facilitate the data required during the course of the subscription or registration of the services that ISMST offers through the Website, and especially, regarding the application for regular membership or for promoting membership.

II. Terms and Conditions of Use of the Website

The mere access to this Website does not imply any type of business relationship between ISMST and the Member. The information contained in the Website is only for informational purposes, and ISMST is not responsible of its veracity.

ISMST reserves the right to delete or cease its publication, totally or partially, and to modify the structure and content of this Website without prior notice, and even to limit or not allow the access to said information. ISMST also reserves the right to unilaterally modify the Legal Notice of this Website. Any modifications of the terms of use will enter into force from the moment of its publication in this Website.

III. Registration available through the Website.

Notwithstanding the costs of Internet access and connection, which are beyond ISMST control in any case, the registration as an ISMST member will be remunerated.

The User must complete the registration form available in the section “Members- Member Registration – Becoming a Member” of the Website. For proper registration, the User must provide the data marked as mandatory with an asterisk (*) and, in any case, all data whose express acceptance by the User constitutes an essential requirement in order to register correctly as a User in the Website.

The User will be able to apply either for (i) a regular membership of ISMST or for (ii) a promoting membership of ISMST.

In order to apply for a regular membership the following information will be required from the User: academic title, name, family name, profession, name of clinic or company and contact details, experience with ESWT, and ESWT technique applied.

In order to apply for a promoting membership, ISMST will request the following information from the User: name, type or organization and contact details, name of the representative of the promoting member and contact details, experience with ESWT, and devices used/produced.

The condition of Member of ISMST implies that the User accepts and expressly allows ISMST to publish his/her name, surname, professional data, picture, in the Website, being generally and publically accesible for all purposes. Other personal details of the Members, such as their e-mail address and telephone number will only be accessible by contacting the ISMST office or e-mail address: shockwave@ismst.com

Furthermore, the type of membership implies that the Members will be granted different types of rights and obligations as specified in the Constitution bylaws. In this regard, the right to vote at the Annual General Meeting is reserved exclusively for regular members. Members who are granted regular membership status at the Annual General Meeting are not eligible to vote at the same meeting but will be entitled to do so at the next Annual General Meeting. Promoting members and associate members are not eligible to vote at the Annual General Meeting.

Therefore, the membership starts with the first payment of the membership fee, where the Member will have the status of prospective membership and, after voting at the next AGM (Annual General Meeting of the association, normally at the next ISMST-Congress) the member will change its status of prospective member within 2 months after the AGM.

Applications of promoting members will be forwarded to the members of the managing board, if there is no voting from the managing board against the membership, the candidate is prospective promoting member until the next AGM after the first payment of the membership fee analogous to regular members.

ISMST reminds the User that he/she must read carefully and accept the applicable Constitution bylaws without any kind of reservations before his/her registration as a Member of ISMST, regardless of the type of membership.

IV. Capacity to contract

ISMST informs that the User must have capacity to contract when contracting the services provided in the Website. Therefore, the registration as an ISMST Member, either regular or promoting membership, can be engaged by persons older than 18 years of age with adequate capacity to contract, being applicable to them the present Legal Notice.

V. Payment and Billing for the services provided by ISMST

The payment of the registration as an ISMST Member will be made by filling out the corresponding application form which is accessible through the Website, where the User will have to provide details of his/her credit card number and personal information, bank transfer, credit card, PayPal, SEPA, as well as filling in the membership fee per year.

ISMST makes available to the User the following payment methods:

Banking card (debit or credit): The operation is made in the moment of confirming the order. The online payment with credit card is made through the security system "Secure Socket Layer", which codifies the banking data of the User when it is transmitted through Internet. The Website accepts [VISA and Mastercard cards].

PayPal: The User can pay fastly and surely with a Paypal account or with his/her debit or credit card. PayPal codifies automatically the confidential data with the help of the best technology available in the market.

The payment of the Services provided through the Website can be processed through the payment methods detailed in the Website, which include PayPal and Credit card payments, which are managed by a Virtual Point of Sales service of the Associations collaborating financial entity. The registration as a member of ISMST or the payment of any other services provided through the Website will be conditioned to the acceptance of the payment by the aforementioned entities.

ISMST informs the Users that, in order to provide greater security in the payment processing, all data regarding credit cards, accounts, etc are external to ISMST and they will be managed under the responsibility of the financial entities or PayPal, as appropriate. Under no circumstances, ISMST will have knowledge of the User’s credit card number.

The payment of the services provided through the Website will be made by filling out the corresponding application form which is accessible through the Website, where the User will have to provide details of his/her credit card number/ bank account number and the personal information required. ISMST informs the User that his/her data will be collected into the corresponding database. The User expressly authorizes ISMST to collect information regarding the payment method with the purpose of providing the service required by the User and to practice debits on an annual basis. The User undertakes to inform ISMST of any relevant changes in the payment method and bank account details, so as to keep the information updated in order to process subsequent payments. The User may unsubscribe from the requested services and cease to make the payments through the corresponding notification to ISMST, who undertakes to cancel the User’s financial data and stop processing subsequent payments.

The membership in ISMST starts with the first payment of the membership fee. At that moment, the applying Member has the status of prospective membership, and his/her data will be collected into the corresponding database.

ISMST will, after checking that the payment has been made, send a confirmation e-mail to the User, providing a notification regarding the User’s correct registration as a member of ISMST.

VI. Use of the Website by the User

The use of the Website is responsibility of the User, who undertakes to carefully and faithfully observe the instructions and recommendations issued by ISMST in the present Legal Notice regarding the use of the Website and the process for registration.

In this regard, the User undertakes to use the contents of the Website in a diligent, correct, and lawful form, and in particular, the User agrees to abstain from the following including, but not limited to:

Using the content, in particular, any kind of information obtained through the Website, with purposes against the law, morals and good habits generally considered acceptable to public order. In this respect, ISMST reserves the right to impede or prohibit the access to any User that introduces in the Website any content contrary to the applicable rules or ethics, or uses the Website infringing the terms established herein, maintaining the right to apply the appropriate legal remedies in order to avoid this kind of conducts or as a consequence of the same.

Reproducing or copying, distributing, altering, changing, modifying or adapting the content of the Website in the terms described below, unless ISMST expressly authorizes it with written prior consent.

Interfering or interrupting the functioning of the Website or the servers or networks used for the availability of the platform; or contravening rules, requirements, proceedings, policies or regulations of those rules. Carrying out any conduct that may damage, disable, overload or impede in any manner the normal use of the Website.

VII. Data Protection

ISMST complies with the Federal Act concerning the Protection of Personal Data (DSG 2000) and the rest of the applicable legislation, and ensures the correct use and treatment of the personal data of the User. For that purpose, in each file of personal data requested, ISMST will provide information to the User regarding the existence and acceptance of the particular conditions of his/her data treatment in each case, informing the User about the responsible of the created file, its address, the possibility to access, rectify, cancel and oppose to the data provided, the scope of the treatment and the data communications to third persons if it applicable, in the terms set herein.

Furthermore, ISMST fulfils the Federal Act of 21 December 2001, by which certain legal aspects of electronic commercial and legal transactions are to be regulated (E-Commerce-Gesetz- ECG), and it will ask for the consent of the User to the treatment of his/her e-mail for commercial purposes in the moment of the creation of an account (or in the moment of registration as a User) through the acceptation of the box stating “I am interested in receiving, by any communication method, including electronic means, information and commercial actions about the services and activities of ISMST".

ISMST is registered at the Austrian data protection agency with the DVR: 4017839

VIII. Existence of a file

ISMST informs its Users that their personal data will be incorporated to a file whose titleholder and responsible is the association INTERNATIONAL SOCIETY FOR MEDICAL SHOCKWAVE TREATMENT, and the Austrian Data Protection Authority (Österreichische Datenschutzbehörde) (DSB) will be notified, in compliance with the applicable law.

IX. Information gathered

In the event that a visitor decides to register as a User in the Website, he/she will be asked to provide the information detailed in the Website, together with a password which will protect the account against non-authorised users. The information requested will be given by the User voluntarily.

In any event, the Users will respond for the veracity of the facilitated data. Therefore, being a User of the Website supposes that the quality of the information provided must be guaranteed before the Company and third persons, that is to say, that the data and information is real, up to date and truthful.

In any event, it is forbidden to supply false or outdated data. The Users will have to identify themselves with their real name and accurate and up to date data.

The Users will be held liable for the direct and/or indirect damages caused to third persons or to ISMST regarding the use of personal data of third parties, or their own personal data when the information provided is false, incorrect, outdated, inadequate, or impertinent.

X. Purpose of the data collected

ISMST will use the personal information of the Users with the aim of providing the services that it offers through the current Website, and improving the Users contracting experience.

In this regard, the data of the User will be treated with the following aims: (i) to facilitate the information that the User has requested; (ii) in case that the User contracts the services provided through the Website; to improve, fulfil and check the correct compliance with the contract; (iii) to fulfil all legal obligations; (iv) to send commercial communications to the User, in case that he/she has expressly requested it (in the moment of the registration, by ticking the corresponding box or in the corresponding area of the Website).

XI. Consent of the User

The use of the Website is voluntary and entails the full acceptance of the User of the present Legal Notice, or those legal texts available in each moment. Therefore, the User must read carefully and accept the applicable Legal Notice without any kind of reservations before his/her registration on the Website.

In order to register as a User in the Website and complete the registration for the participation in the Shockwave Therapy Congress, the User will have to provide, at least, his name, surname, date of birth, profession, academic background, professional and personal address and a password.

The User must understand that, by registering in the Website, he/she accepts that ISMST uses that information in accordance with the present Legal Notice, accessible by the User in the Website.

Users who do not register in the Website, will still be able to access its contents, however, ISMST will not provide them with those services that require that information for its effective provision, being necessary to create an account and give the requested data with the aim of contracting the corresponding service.

XII. Security Measures

ISMST agrees to comply with its secrecy obligation regarding the personal data and its obligation to store such data adopting the security measures imposed by the regulation in force to avoid its alteration, loss, treatment or unauthorized access.

The User ensures that the data provided during registration is true, exact and complete. The User agrees to keep his/her personal data updated, so in the event that there is any modification in the data, the User shall proceed to update them sending a written notification to the email address mentioned in clause XVI.

XIII. Disclaimer

ISMST does not assume responsibility for damages and prejudices of any kind and nature that might result from the availability and technical continuity of this Website. In particular, ISMST does not assume responsibility nor does it guarantee that access to this Website will be uninterrupted or free from errors. In no case ISMST may be held responsible for the losses, damages or prejudices of any kind that might result from the access and use of the Website, including but not limited to, those caused to the computer systems or those caused by the introduction of viruses.

ISMST does not assume responsibility neither for damages and prejudices caused by decisions taken based on the information provided in this Website, nor for any possible omissions, errors or typos that might feature in the contents elaborated by third parties.

Moreover, ISMST does not assume responsibility for damages and prejudices of any kind and nature that might result from the knowledge unauthorized third parties might have of Users’ data and of the use of the Website made by Users.

XIV. Rights to access, amendment, cancellation and opposition of personal data

ISMST allows the User to exercise its rights of access, amendment, cancellation and objection of their personal data. The User may exercise these rights in the terms and conditions specified in the Federal Act concerning the Protection of Personal Data (DSG 2000).

Any User is entitled to terminate their account in the Website by sending a written notification to the following e-mail address: shockwave@ismst.com

Without prejudice of the data retention obligations that ISMST may have to fulfill according to the applicable law, ISMST undertakes to cancel all the information supplied by the User as well las his/her personal data.

XV. Intellectual Property Rights

All content and graphic elements (designs, logos, source codes and other analogous ones) which constitute the Website as well as its display, belong exclusively to ISMST, who is titleholder of all the industrial and intellectual property rights derived therein, including those concerning software, or either ISMST holds all the relevant and necessary licenses and/or authorizations from the titleholders of those intellectual property rights, including graphics and texts, to make use of them.

All the commercial names, trademarks, logotypes, distinctive signs, symbols, and combined, figurative or nominative trademarks that appear in the Website belong to the Company, or it either holds the right to use them, with prior consent, and they are protected by the applicable legislation in force.

Consequently, the present Website and its content cannot be subject to exploitation, reproduction, distribution, modification, public communication, loan or transformation without the prior consent of ISMST.

The Company reserves the right of seeking for judicial remedies or any other kind of remedies it has right to against the any violation or infringement of its industrial and intellectual property rights.

XVI. Communications

Provided that the User has got any concerns regarding the present Legal Notice, or encounters any difficulties when submitting the registration form to ISMST, or when carrying out the payment, ISMST will be available to provide assistance after the receipt of the corresponding request through the following e-mail address: shockwave@ismst.com

XVII. Applicable law and jurisdiction

The terms and conditions that regulate this Website and all the relationships that might result from the use of and/or register on the Website, are governed by Australian law.

Any controversy that might result from the access and use of this Website and/or its Services hereby is submitted to the exclusive jurisdiction of the courts in Vienna, Austria.