Terms and Conditions
Article 1. Legal information
1. The website ean.org is the property of the European Academy of Neurology, an association according to the Austrian Law on Associations of 2002, registered under ZVR No 120490024 with the Austrian Register of Associations, having its registered office in Austria, 1070 Vienna, Breite Gasse 4/7, e-mail address: firstname.lastname@example.org, Telephone: +438890503
Article 2. Definitions
1. The terms herein below shall be defined by the parties as follows:
- "Positive click": a click is the electronic version of "yes" or acceptance;
- “User account”: MyEAN is the designated user area for website users and designates a virtual area in the form of web pages which is personal and private to the user;
- "Party": designates either the European Academy of Neurology or the user when used in the singular, and both the user and the European Academy of Neurology when used in the plural;
- "Services": designates the set of features accessible online and offered on the user account;
- "User": general designation for any person having a user account (on MyEAN).
- "Website": webpages accessible at URL www.eanpages.org;
Article 3. Purpose
1. These Terms and Conditions are intended to define the conditions for access to, and use of, the user account, along with the rights and obligations of users attached to said user account.
Article 4. Prerequisites
1. The User warrants that he/she complies with all the following prerequisites:
- be of legal age on the day of registration;
- be fully capable of undertakings in accordance with these General Terms and Conditions;
- possesses computer equipment enabling access to the user account;
- possesses a valid e-mail address.
2. The User is aware that he/she may save and print these General Terms and Conditions by using his/her browser’s or computer’s standard features.
Article 5. Acceptance of the General Terms and Conditions
1. The User declares that she/he unreservedly accepts the General Terms and Conditions herein.
2. The Users state that they:
- are aware of the conditions under which the user account operates;
- possess the technical skills for normal access and use of the user account in accordance with the General Terms and Conditions herein;
- comply with the prerequisites.
3. These General Terms and Conditions are considered as accepted under the following condition:
- by creating a user account, the User acknowledges and accepts that his/her commitment does not require a written or electronic signature, since acceptance of these General Terms and Conditions is expressed through positive clicks.
Article 6. Enforceability
1. The Users may avail themselves of the services offered in the user account only if they accept the General Terms and Conditions laid out herein.
2. The General Terms and Conditions herein are enforceable from the time they are accepted by the User pursuant to the preceding 'Acceptance of the General Terms and Conditions' paragraph.
3. The European Academy of Neurology reserves the right to make any changes it deems necessary and relevant, to the General Terms and Conditions herein.
4. The European Academy of Neurology shall notify Users of any changes or updates of the General Terms and Conditions through the website, within a reasonable period of time before the latest General Terms and Conditions apply.
5. After the User has been notified of such changes or updates, he/she may decide to approve or not, if he/she rejects, he/she may close his/her user account with no prior notice. The User remains liable for any use of his/her user account before the shutdown.
5. The General Terms and Conditions shown on the website at the time the user account is created shall prevail over any printed version with an earlier date.
7. Users may access the valid General Terms and Conditions at any time on www.ean.org/Terms-Privacy.3820.0.html.
Article 7. Access to the user account
1. The user account is accessible to users only after they log in using their credentials: username and password.
2. User registration and creation of his/her account is performed via a registration form available on the website.
3. The user accout setup procedure through an online form consists of the following steps:
- Step 1: the Internet user completes a user account setup, filling in the required fields, especially those marked as mandatory. Information provided must be accurate and Users may have to prove it is correct if requested by the European Academy of Neurology.
- Step 2: the User acknowledges and accepts the General Terms and Conditions by ticking the relevant box; the creation of the user account is disabled if the User does not accept the General Terms and Conditions.
- Step 3: once the form has been properly completed and confirmed by the User, an e-mail is sent to the User’s e-mail address as provided, to complete the registration process. The e-mail message includes a hypertext link enabling the User to activate his/her account.
- Step 4: when clicking on the hypertext link the User is redirected to a connection module where he/she sets a password.
4.1 The User ensures the accuracy of the information provided when creating an account.
4.2 The User is solely responsible for the safekeeping and confidentiality of his/her username and password.
4.3 The password is strictly private and confidential.
4.4 The User undertakes to ensure that his/her username and password are kept completely confidential, and in particular, to change said password on a regular basis.
4.5 Any use of the password is assumed to be carried out in the name of the user.
4.6 The User shall change his/her password immediately should it be lost, forgotten, or voluntarily or involuntarily disclosed to third parties.
4.7 Username and password changing is an online process, to be carried out by accessing the MyEAN area, then the tab “My Profile”, “Edit Account”, and there the “EAN Password” form.
4.8 The User is solely liable for the use made of his/her password until he/she has requested a change of password under the aforementioned terms.
4.9 The European Academy of Neurology shall not be held liable for fraud or misuse or for a voluntary or involuntary disclosure of any username and/or password.
5. Shutdown and removal of the user account
5.1 Either of the parties may close his/her user account at any time, resulting in the cancellation of these Terms and Conditions.
5.2 However, the User remains liable for any use of his/her user account before it is shut down.
5.3 Removal at the User’s request entails the deletion of all information related to the user account, such as:
- any information related to the user account, in particular the credentials or any other information provided by the User
- all documentation and content downloaded from the website,
without the User being entitled to invoke any form of loss in this regard.
5.4 Likewise, this removal of the user account shall not give rise to any compensation whatsoever, nor to any reimbursement of any amounts paid by a customer.
5.5 Only the information necessary, in terms of financial documents and proof, shall be retained in accordance with the applicable provisions in order to allow the European Academy of Neurology to perform its legal and regulatory obligations in the matter.
Article 8. Presentation of the user account
1. The user account offers the User essentially the following services:
- management of the user profile, allowing in particular, the User to change his/her information, subscribe to newsletters, etc.
- access to different EAN congress and membership services
- congress sessions planner, allowing for online registration to congresses and hotel reservations via the user account;
- congress planning;
- a professional network.
- application to EAN activities
Article 9. Technical support
1. The European Academy of Neurology shall endeavour to make services available to all users in the best possible way.
2. However, the European Academy of Neurology cannot ensure full technical compatibility of the services offered; these can operate properly and smoothly only if supported by the Users’ software and hardware environment.
3. The European Academy of Neurology also provides the User with a feature designed to meet all requirements for use of the services available on the user account, and to collect any complaints.
4. Should the User have trouble accessing and/or using any of the services offered on the user account, he/she may always use the appropriate channel to contact the European Academy of Neurology: email@example.com.
Article 10. Obligations of the European Academy of Neurology
1. Quality of the services
1.1 The European Academy of Neurology endeavours to provide quality services and enable Users to make use of the means of communication at their disposal in the best possible manner.
1.2 Owing to the nature and complexity of the Internet, particularly its technical performance and response times for access, request, or transfer of information, the European Academy of Neurology exercises its best efforts to enable access to, and use of, the services performed under the latest technology. The European Academy of Neurology cannot guarantee full accessibility or availability of the user account in order to access to the services.
1.3 The European Academy of Neurology shall not be held liable for the incorrect operation of the user's IT equipment or access to the Internet.
2. Maintenance and upgrades
2.1 The European Academy of Neurology shall exercise its best efforts to provide efficient services to the Users. It undertakes to engage appropriate resources in order to maintain the best operating conditions of the services.
2.2 The European Academy of Neurology reserves the right, without prior notice or compensation, to temporarily shut down the user account or access to services, such as, but not limited to, upgrades or maintenance operations, modifications or changes to operating methods and features.
2.3 The European Academy of Neurology shall not be liable for any harm whatsoever that could result from these changes and/or temporary unavailability of the user account or the services thereof.
2.4 The European Academy of Neurology reserves the right to supplement or modify, at any time, the user account and the services provided in keeping with the change in technology and shall keep the users informed in this regard.
Article 11. User obligations
1. Compliant use
1.1 The User is responsible for the use of the services and for activities carried out in his/her user account.
1.2 The User undertakes to use the user account in a fair and proper way, in compliance with these General Terms and Conditions; he/she shall behave in a manner consistent with user account rules, laws and regulations in force, public order and morals, and the rights of third parties.
1.3 The User shall refrain from any behaviour that is illegal or would constitute fraud with respect to the European Academy of Neurology, other users, or third parties.
1.4 The User shall refrain from collecting in any form whatsoever, information on other users without their consent, either manually or automatically, such as e-mail addresses, particularly in order to send non-solicited advertising or spam or e-mail chain letters.
1.5 Generally, the User undertakes to notify the European Academy of Neurology of any problem found in using the services or the user account.
2.1 The User account is an automated data management system.
2.2 The User shall refrain from accessing or remaining wholly or partially in the user account without authorization. The User may not use another access method than the interface made available by the European Academy of Neurology. Should such a method be discovered, or the User inadvertently enters a private account without permission, the User undertakes to immediately inform the European Academy of Neurology by e-mail at firstname.lastname@example.org in order that this latter may take the necessary actions.
2.3 The User is not authorized to delete or modify the user account data not inserted by him/herself, to enter data without authorization, or to alter any functionality in the user account. The User shall ensure to not introduce viruses, malware, or any other harmful technology into the user account or services offered therein.
2.4 Unauthorised access to any account shall be considered unlawful access in the meaning provided for by the Austrian Penal Code.
2.5 The User undertakes to consider all the information accessed without authorization as confidential information and consequently shall not disclose it.
2.6 The User particularly shall refrain from performing any activity intended to overload a page; bounce operations; or any operation that hampers or alters the operation of the user account and/or website.
2.7 The User shall not use devices or software of any kind that could interfere with the proper functioning of the user account and/or website.
2.8 The User accepts the characteristics and limitations of the Internet. The User is aware that information circulating on the Internet is not necessarily protected, especially against possible hijacking.
2.9 The European Academy of Neurology exercises its best efforts to secure the user account against any risks, in keeping with the latest technology, and in consideration of the nature of the information handled.
2.10 The User shall take any appropriate measures to ensure his/her own security, especially with respect to the handling of his/her username and password, which must be kept confidential, and to protect his/her own data and/or software from contamination by possible viruses on the web.
Article 12. Liability
1. The European Academy of Neurology shall not be held liable for breach of these Terms and Conditions by a user, nor for user activities within the user account, whether or not they constitute misconduct.
1a The liability of European Academy of Neurology for any pecuniary damages or losses of a user shall be restricted to damages or losses caused by wilful intent or gross negligence of European Academy of Neurology.
Article 13. Intellectual property
1. Items belonging to the European Academy of Neurology
1.1 These Terms and Conditions do not imply any transfer whatsoever to the User of intellectual property rights over items belonging to the European Academy of Neurology.
1.2 The content of —including, but not limited to— the user account, the general structure, the trademarks, drawings, models, animated or static images, texts, photographs, logos, style guides, software and programmes, search engines, data bases, sounds, videos, domain names, design, European Academy of Neurology’s knowledge, and all the other elements comprising the user account or any other information, are the exclusive property of the European Academy of Neurology, or of partners or third parties who have been granted a licence, and are protected by the intellectual property rights that are or shall be recognised in accordance with the current laws.
1.3 Any total or partial reproduction and/or representation of any of these items without the express permission of the European Academy of Neurology is forbidden and shall constitute an infringement punishable by law.
1.4 Therefore, the User shall refrain from any activity or action that could directly or indirectly affect the European Academy of Neurology’s intellectual property rights.
2. Third-party items
2.1 Items belonging to third parties, including but not limited to, trademarks, drawings, models, images, texts, photos, articles, studies, and logos are the exclusive property of their authors and are protected by intellectual property laws as recognised by current laws.
2.2 The User is not authorized to directly or indirectly infringe the property rights of third parties, where the items are present in the user account, or to make any use whatsoever of the names, trademarks, logos, software, information, data bases, or documents that are disclosed to the User in a general way during the performance of these General Terms and Conditions.
2.3 The User undertakes to respect all the rights of third parties with respect to the items present in the user account and shall refrain from using any item that calls to mind a third-party’s item for any purpose whatsoever.
2.4 In this respect, the User undertakes to take all necessary measures to protect third parties’ said rights, and especially, to keep unaltered any references to the property ownership on any data, information, and more generally, on the items that can be accessed through the user account or those made available by third parties.
Article 14. Data protection
1. The User personal information may be collected when he/she logs into his/her user account, places orders, completes his/her user profile or fills in forms.
2. Pursuant to data protection law,—regarding IT, files, and modified freedoms—, the Customer is aware that, the European Academy of Neurology has responsibility for handling personal information and has implemented a process for the following purposes:
Management of account creation and interaction with users in general;
- management of user profiles;
- management of user accounts;
- online orders for products and services;
- sales management and marketing;
- customer satisfaction;
- market canvassing;
- management of claims for refund;
- management of registrations for congresses organised by the European Academy of Neurology and associated services;
- access to online educational products provided by the European Academy of Neurology or by a contract partner.
3. This information is intended for the European Academy of Neurology and for any sub-contractors for the aforementioned purposes, as well as for contract and business partners for prospection and survey purposes.
4. The use of an asterisk in the forms designed to collect personal data, instructs the User where the information requested is mandatory. The proper and timely handling of the User’s requests are conditional upon the provision of such mandatory data.
5. Pursuant to data protection law the User may access his/her personal data to check, modifiy, complete, update, lock, or erase any personal information deemed inaccurate, incomplete, incorrect, ambiguous, outdated, or for which collection, use, share, or archiving is prohibited.
6. Likewise, the User is entitled to raise legitimate objections to the handling of his/her information and to object to having his/her personal information used for commercial solicitation purposes.
7. The said rights are exercised via e-mail, to which a copy of an identity document is attached, and sent to: email@example.com, or by post to the European Academy of Neurology, Breite Gasse 4/7, 1070 Vienna, Austria.
8. The User may at any time make a request to not receive the newsletters to which he/she has subscribed by clicking on the relevant link at the bottom of the page of each e-mail he/she receives, or by sending an e-mail to firstname.lastname@example.org as well as unsubscribing via the MyEAN user area.
Article 15. Cookies
1. During a session in the user account, cookies or other tracers may sit on the website or the user terminal.
2. For further information, please read our policy: https://www.ean.org/Privacy-Policy.3883.0.html
Article 16. Links
1. Users may not insert links to the user account without the European Academy of Neurology’s express and prior authorisation.
Article 17. Advertising and promotional offers in the user account
1. The European Academy of Neurology reserves the right to possibly disseminate free or paid advertising or promotional messages on the user account relating to the field of neurology in the broadest sense.
Article 18. Traceability
1. For the purpose of service provision, the European Academy of Neurology reserves the right to keep the users' history of logins to the user account for 6 months.
Article 19. General provisions
1. Good faith
The Parties agree to carry out their obligations in a spirit of good faith.
2.1 The Parties declare that the present undertakings are true.
2.2 They also declare that, to the best of their knowledge, there is no element, if provided, would have changed the consent of the other party.
In case of difficulties in the interpretation resulting from a contradiction between the title headings in these Terms and Conditions and any of the provisions, the said headings shall be declared void.
If one or more provisions of these General Terms and Conditions are deemed invalid or held as such in accordance with any applicable law or regulation or as the result of a final judicial decision by a court having jurisdiction, the remaining provisions shall remain in force to their full extent.
The parties agree that tolerance by one of the parties of a situation does not grant the other party any rights. Furthermore, such tolerance shall not be interpreted as a waiver to exercise the said rights.
The User agrees that the rights and obligations arising from these Terms and Conditions may be transferred by the European Academy of Neurology to a third party, especially in case of a merger or an acquisition.
7. Agreement on proof
7.1 Acceptance of the General Terms and Conditions by electronic means between the parties shall have the same probative value as an agreement in paper form.
7.2 The computerised records stored within the European Academy of Neurology’s IT systems shall be kept under reasonably safety conditions and shall be considered as proof of communications, orders, and payments between the parties.
7.3 Safekeeping of contract documents, orders, and invoices is carried out on reliable and durable backup media and can be produced as evidence.
Article 20. Applicable law
1. All the information presented in the user account is in English.
2. These Terms and Conditions are governed by the laws of Austria.
3. It is likewise for both rules of substance and rules of form, notwithstanding the place of performance of the substantial or accessory obligations.
Article 21. Applicable jurisdiction
1. IN THE EVENT OF A DISPUTE ARISING OUT OF THE PERFORMANCE OF SERVICES SUBJECT TO THESE GENERAL TERMS AND CONDITIONS, THE PLACE OF VENUE SHALL BE THE FIRST DISTRICT OF THE MUNICIPALITY OF VIENNA, AUSTRIA,
Last updated on 06.02.2020