- RGM – Reisinger Global Media GmbH (hereinafter “RGM – Reisinger Global Media”) operates on stage.pharma-freelancer.com and presentation platforms for Pharma / Healthcare freelancers and project providers referred to as “users” called). Pharma-Freelancer.com is a product of RGM – Reisinger Global Media GmbH, Wiesentstr. 4, 91301 Forchheim.
- A contract for the use of services on Pharma-Freelancer.com comes with the registration and the registration of the user at the system or at the time of the membership upgrade. By signing a usage agreement, the user acquires access to Pharma-Freelancer.com.
2 Scope of Services of the Information Services
- The user is entitled to use the services offered by Pharma-Freelancer.com in accordance with the following provisions.
- The information services provide information to the user via an electronic database. This information can only be displayed anonymously.
- The information services are retrieved by the user via the Internet from the Pharma-Freelancer data center.
- Pharma-Freelancer.com can not accept a guarantee for the continuous availability of Pharma-Freelancer.com services. In particular, work that is required for maintenance and data storage purposes can lead to interruptions. Pharma-Freelancer.com is exempted from the obligation to provide services for the duration of this interruption time as well as for an adequate pre and post-run time.
- In the case of force majeure and unforeseen events such as fire, strike, lockouts and other circumstances which are not the responsibility of Pharma-Freelancer.com and which require a restriction or discontinuation of the services of Pharma-Freelancer.com, Pharma-Freelancer.com is compulsory for the duration of the restriction or termination Free of charge. Force majeure is also given if Pharma-Freelancer.com has to restrict or completely adjust its services due to a computer virus in the system and Pharma-Freelancer.com could not protect itself against the intrusion of the computer virus in reasonable conditions.
- Some functions are paid and can only be used when a premium membership is concluded.
- Project providers may not have more than one active account for a freelancer search or for setting project offers. Several active accounts are also available if persons or companies in which the project provider is directly or indirectly involved or who are in his sole proprietorship have a separate account in addition to this.
- Pharma-Freelancer.com reserves the right to expand, modify and make improvements. Pharma-Freelancer.com is also entitled to reduce the services to a reasonable extent.
- Insofar as Pharma-Freelancer.com provides free services and services, these may be terminated at any time without prior notice.
- The termination and modification of free services and services does not result in a reduction of the user’s claim, reimbursement or compensation, subject to the provisions in §6.
3 Content of the information services
- Pharma-Freelancer.com reserves the right to editorial freedom with respect to the design, content and form of the information services. In particular, in the interests of up-to-date information or a general change in the information requirements, Pharma-Freelancer.com is entitled to change the form and content of the information services. This amendment shall not be at the expense of the contractual scope and the services paid for the remuneration. For the above reasons, Pharma-Freelancer.com can also change the nature of the communication facilities and databases connected with the information services.
- The user acknowledges that information that Pharma-Freelancer.com of project providers and freelancers referenced or entered into the information system, Pharma-Freelancer.com are not attributable and Pharma-Freelancer.com is not checked.
- The user confirms that some parts of the service may have proprietary rights. The user undertakes not to remove or disregard any copyright notices contained in the information services or other references to such rights and to comply with the given provisions of the copyright holders for the use of the information. The user acknowledges that project providers or freelancers can exclude him from receiving the information.
- The user expressly agrees to further processing his data, in particular information on the information sought by the user and the projects to be mediated by him, as well as information on his profile, as well as their forwarding.
4 Obligations of the user
- The user is obligated to use the services of Pharma-Freelancer.com properly. It shall, in particular,
- A. Ensure that the network infrastructure or parts thereof are not overloaded by excessive use;
- B. Not to make improper use of the access to the Pharma-Freelancer.com services and to prohibit unlawful acts;
- C. Ensure the fulfillment of legal requirements and governmental requirements and ensure the granting of official authorizations to the extent that they should be necessary or necessary to participate in Pharma-Freelancer.com services;
- D. Take account of the recognized principles of data security, in particular to keep passwords secret or to change them immediately or to make changes if there is a presumption that non-authorized third parties have knowledge of them;
- E. To notify Pharma-Freelancer.com immediately of defects or damage (fault report);
- F. To take within the scope of reasonable measures all measures which enable the deficiencies or damages and their causes to be ascertained or to facilitate and speed up the elimination of the disturbance;
- Changes of address of the user are to be communicated to Pharma-Freelancer.com in writing at least 30 days in advance. Performance disturbances or the non-performance of services to which Pharma-Freelancer.com is obligated according to the contract concluded between it and the user are not to be held by Pharma-Freelancer.com if they are based on a delayed communication about the changed address of a user.
- If the User violates the obligations specified in § 4 Paragraph 1, Pharma-Freelancer.com is entitled to terminate the contractual relationship without observing a deadline subject to the assertion of claims for damages.
- The user is responsible for all permissions and permissions necessary to receive the services. The user will only retrieve and accept such data and information, which he is entitled to accept in accordance with the agreements made. The User acknowledges Pharma-Freelancer.com to replace the damage that Pharma-Freelancer.com results from the User receiving, processing or distributing data other than those referred to in the concluded contracts for the purchase of the Services.
- Furthermore, the user is obliged to use the services and the information contained therein only within his contract and for his own purposes. The user is obligated not to use the services for unlawful purposes or to allow them to be used for this purpose.
- Project providers are, in particular, not allowed to offer freelancers services which are in competition with Pharma-Freelancer.com ‘s services, in particular but not exclusively the offer for inclusion in their own database as well as the future delivery of project offers directly by the project provider.
- Messages to freelancers must be personalized and must contain a clear reference to the profile of the freelancer.
- Mass news, Multilevel Marketing (MLM), sending spam messages, and similar activities are expressly prohibited.
5 External links
The Pharma-Freelancer.com portal contains links to websites operated by other providers. Pharma-Freelancer.com controls these web pages, if the linking link was made by Pharma-Freelancer.com itself, when recording the link, and is not responsible for changed content. Links created by users of the platform can only be controlled by random checks. For these reasons Pharma-Freelancer.com expressly dissociates itself from all contents of all linked pages and expressly does not adopt these contents as their own. This declaration applies to all links and embedded frames on the platform.
- Pharma-Freelancer.com will do its utmost to ensure the accuracy and reliability of the services.
- Pharma-Freelancer.com makes no warranty that the information contained in the information services is correct, complete and comprehensive.
- Further warranty claims with the exception of claims for lack of assured characteristics are excluded, the provisions in § 7 remain unaffected.
- Claims for damages resulting from the impossibility of performance, positive breach of contract, culpable breach of contract and tort are excluded both against Pharma-Freelancer.com and in relation to their fulfillment and execution aid, insofar as claims for injury to life, body, Infringement of essential contractual obligations (cardinal obligations) or due to intentional or grossly negligent action.
- In the case of violation of essential contractual obligations, Pharma-Freelancer.com shall only be liable for the contract-typical, foreseeable damage, if this was simply caused by negligence, unless it concerns claims for damages of the user from a violation of life, body or health.
- Pharma-Freelancer.com is neither responsible for the completeness, correctness or up-to-dateness of the information and third-party content transmitted via the services nor for the fact that these are free of third-party rights and in particular does not owe any intermediary success.
- Pharma-Freelancer.com is not liable for any damages resulting from the fact that the user’s information can be viewed on the technical transmission paths, which are usually provided by Internet providers and network operators such as Deutsche Telekom AG.
- Pharma-Freelancer.com is not liable for the misuse of the information services by other users. The User indemnifies Pharma-Freelancer.com from claims for damages of third parties arising from the provision of the information services to the users or the use of the information services by the users, provided that these claims are not based on an infringement treatment by a legal representative or fulfillment aid by Pharma-Freelancer.com.
- Unless other provisions in these terms and conditions exclude liability, the liability for damage caused by the use of Pharma-Freelancer.com services by the transmission and storage of data or because of the lack of storage or transmission of data by Pharma-Freelancer.com is limited to EUR 50.00. The provisions in §7 paragraphs 1 and 2 remain unaffected.
- Pharma-Freelancer.com shall in no event be liable for any loss of the User which has been received by Pharma-Freelancer.com ‘s information services due to missing or incorrect information.
- The User shall be liable for all consequences and disadvantages that Pharma-Freelancer.com and third parties may suffer as a result of the abusive or unlawful use of the Pharma-Freelancer.com services or by the user not complying with his other obligations. In particular, he is obliged, after submitting a fault report pursuant to Art. Section 4, para. 1. e. Pharma-Freelancer.com to replace the expenses incurred by reviewing its facilities if and to the extent that after the examination it was found that there was a fault in the user’s area of responsibility.
- In the event of infringement of the prohibition standard in § 4, para. 8 Pharma-Freelancer.com is entitled to claim damages from the user in the amount of the loss incurred and to cover the necessary expenses for the elimination of damages.
8 Terms of payment
- The agreed remuneration according to the respectively valid price list is payable in advance at the choice of the user in the payment interval in each case monthly, quarterly, semi-annually, annually or 2 years after invoicing.
- The user shall also pay the fees that have been incurred by third parties within the scope of the access and use facilities provided to him by the authorized use of the Pharma-Freelancer.com services.
- The agreed remuneration, plus the value-added tax to be calculated thereon, shall be paid in due time. The user has to reimburse Pharma-Freelancer.com for the costs of 10.00 € incurred for each unpaid check or any unused or returned direct debit.
- If the user asserts that the remuneration calculated to him has not been caused by him or third parties for which he is liable, he must prove this.
- In the fees for Pharma-Freelancer.com information services mentioned here, the costs for the use of telephone services and data networks, as well as other services of the data transmission media, as well as any costs for additional fees or services from third-party providers, such as Internet providers or network operators such as Deutsche Telekom AG, not included.
- Pharma-Freelancer.com may, at any time, increase the remuneration for the user-related information services on a commercial basis, subject to a period of four weeks by means of a written advertisement.
- The user agrees, if necessary, to receive invoices electronically.
9 Payment delay
- If the user is in default with the payment of the fee, Pharma-Freelancer.com shall be entitled to block access to charge default interest of 4% above the respective discount rate of the Deutsche Bundesbank, unless Pharma-Freelancer.com proves a higher interest charge Contractual relationship without notice.
- Pharma-Freelancer.com reserves the right to assert further claims for payment delays.
10 Right of set-off and retention
- Pharma-Freelancer.com shall not be responsible for delivery and performance delays due to malfunctions or a loss of communications networks and gateways of the Internet providers or network operators such as Deutsche Telekom AG even with bindingly agreed deadlines and deadlines. These entitle Pharma-Freelancer.com to postpone the delivery or service by the duration of the delivery, plus an appropriate start-up time.
- In the event of a breakdown of services due to a fault outside the scope of responsibility of Pharma-Freelancer.com, no remuneration is reimbursed. In addition, downtimes are compensated by extended runtime. A liability according to. § 7 (1) and (2) shall remain unaffected.
- A set-off or a right of retention of the user is only possible if his claims against Pharma-Freelancer.com are undisputed or legally established. Any retention of payments shall be excluded if the right of retention is based on another contractual relationship.
- Pharma-Freelancer.com shall be entitled to terminate the transmission of the information services or a part thereof to the user without prejudice to any further claims. Pharma-Freelancer.com shall not thereby terminate the user’s payment obligations if the user violates essential obligations under this contract with regard to the use of the information services. This also includes obligations under section 11. Pharma-Freelancer.com will enable the user to receive the information services if the proper fulfillment of his contractual obligations is ensured.
11 Use by third parties
- The user is not entitled to pass on the information of the services as a whole or individual information thereof to third parties beyond the extent granted pursuant to § 4 Paragraph 5, or to make them available for use or otherwise disseminate or publish them. Third parties in the aforementioned sense are also those persons or companies in which the user is directly or indirectly involved or who are in his sole proprietorship. In the case of an infringement of these provisions, the user shall, subject to further claims for damages, reimburse the use value Pharma-Freelancer.com achieved by the third party.
- The user assures not to trade with the information he receives, nor to process it further on a commercial basis, and not to allow this to third parties.
- If the use by third parties is authorized by Pharma-Freelancer.com, the user must correctly instruct them to use the services. If use is not permitted by third parties, this does not result in any reduction, reimbursement or compensation claim by the user against Pharma-Freelancer.com.
- Pharma-Freelancer.com shall be entitled to terminate the agreement immediately in the case of compulsory breaches pursuant to § 11 (1) to (3).
12 Contract period and termination of contract
- The contract for the provision of the information services is concluded indefinitely and can be terminated with one month before the end of the contract period.
- The termination may be effected by both parties and requires the actual written form, a termination by e-mail is ineffective.
- Pharma-Freelancer.com shall be entitled to terminate this agreement without notice and without the user’s rights if the user violates essential contractual obligations, in particular the obligations described in § 11 or his obligation to pay the remuneration pursuant to § 8. The same applies if the user violates other contractual obligations, in particular the obligations specified in § 4. Pharma-Freelancer.com is entitled to terminate this agreement without notice, if the user, by his participation in the reception of the information services, causes disturbances in the database or the information carriers at Pharma-Freelancer.com.
- Freelance claims and legal bargains in favor of Pharma-Freelancer.com remain effective beyond the end of this contract.
- Any fees already paid will not be refunded in case of termination. The minimum contract term is 3 months.
- The user can cancel his cancellation at any time (cancel cancellation via the system). The cancellation is then deemed not to have been made.
Unless otherwise expressly agreed in writing, the information submitted to Pharma-Freelancer.com, in particular information on its profile, shall be deemed non-confidential.
14 Revocation right
The user can revoke his contractual declaration, which he submits as a member of Pharma-Freelancer.com upon completion of the registration, within two weeks without giving reasons in text form (eg letter, fax, e-mail). The deadline starts with the registration of the user at the system or at the time of the membership upgrade, but at the earliest with receipt of this instruction. If the user receives the cancellation instruction after the user account has been cleared, the withdrawal period is 1 month.
The punctual sending of the revocation is sufficient to meet the deadline.
The revocation must be sent to:
RGM – Reisinger Global Media GmbH
91301 Forchheim, Germany
In the case of an effective revocation, Pharma-Freelancer.com deletes all data of the user.
The right of revocation expires prematurely if the user makes use of the services of Pharma-Freelancer.com before expiry of the revocation period. This right of revocation shall only apply to users who, as consumers within the meaning of § 13 BGB, participate in the information services of Pharma-Freelancer.com.
End of revocation
- In the case of merchants in the sense of commercial law, the court of jurisdiction for all concluded contracts with Pharma-Freelancer.com Bamberg.
16 Final provisions
- These General Terms and Conditions shall be the basis of any contract concluded with Pharma-Freelancer.com. Counter-confirmations by the user with reference to his business or purchasing conditions are hereby expressly contradicted.
- No party may assign the rights to which it is entitled under this Agreement to third parties without the prior consent of the other party.
- German law with the exclusion of German international private law and the UN purchase law shall be deemed to be agreed upon.