Terms Of Use

1. Subject Matter of the Terms of Use

1.1    

These General Terms of Use ("Terms of Use") shall govern the use of information and services offered by

1.2    

PENTAX‬ shall be entitled to interrupt the operation and availability of the Portal for necessary technical reasons or due to required maintenance work without advance notice. Temporary restrictions may also arise due to technical failures such as interruption of telecommunications, the power supply, hardware and software errors, technical failures of service providers or other technical failures. PENTAX gives no accessibility or availability guarantee of the services of the Portal. In all other cases, advance notice will be given within a reasonable time period, to the extent permitted by the circumstances.

2. Specification of Services

The Portal provides all PENTAX Medical customers access to the following information and services:

Manual download
Repair requests and tracking
Training and events booking
i-scan certification, including webinars

To use all services of the Portal, users must create a user account according to Section 3 of the Terms of Use.

3. Creating a User Account (Registration)

3.1    

During registration, users must enter the authorization credentials (account number and account password) provided by PENTAX. Furthermore, users must indicate mandatory personal data (first name, last name, e-mail address and phone number) and choose a username as well as a password.

3.2    

After confirming that the linked terms and conditions are read and accepted and by clicking on the button “Submit Registration” users submit their offers to conclude a contract of use governed by these Terms of Use. PENTAX accepts such offer by activating the user account. PENTAX may make the activation of user accounts dependent on users validating their e-mail address (opt-in-procedure).

3.3    

When registering, users are to provide exclusively true and complete information. Users are obligated to keep data provided in the registration up-to-date at all times. The chosen username may not violate any third-party rights, other statutory provisions or good morals. Users are expressly responsible for this. Where it is required for the performance of the contract of use, PENTAX shall be entitled to request suitable proof of identity from the user, which shall be deleted immediately after examination. ‬‬‬‬‬‬‬‬‬‬‬‬‬‬

3.4    

Users are obligated to keep personal access data strictly confidential. Personal access data of the user are data used in order to authenticate the individual and to provide access to the user account.

4. Copyright

All contents in the Portal are subject to German copyright law. Unless expressly permitted by law, every form of utilizing, reproducing or processing works subject to copyright protection requires the prior written consent of PENTAX. Individual reproductions of a work are only allowed for private use. The materials from the Portal are copyrighted and any unauthorized use may violate copyright laws.

5. Data Protection

The protection of personal data provided by the users is important to PENTAX. Further information on how PENTAX collect, use and, where applicable, transfer personal data can be found in the Privacy Policy (www.mypentaxmedical.eu).

6. Final Provisions

6.1    

The Terms of Use shall be governed by and construed in accordance with the laws of the Federal Republic of Germany. Where users as consumers (that means every natural person who uses the Portal for purposes that predominantly are outside his trade, business or profession) have their usual place of residence not in Germany, the application of mandatory statutory provisions of that country will remain unaffected by the choice of law made in sentence 1 of this paragraph.

6.2        

Any provision of the Terms of Use is to be interpreted separately and independently. Should a provision of the Terms of Use be ineffective or unenforceable in whole or in part, the effectiveness of the remainder of the Terms of Use shall remain unaffected. In such event, the respective provision is only to be limited to the extent absolutely necessary or is to be deleted and to be replaced by an effective provision most closely resembling the purpose and intent of the Terms of Use, so that the remainder of the Terms of Use shall remain unaffected and in full effect.