Welcome to impedia.org (the «site»), the official website of the Institute of Medical Procedures («IMP», «we», «us» or «our»), a Swiss non-profit association with its registered office in Berne, Switzerland.
Our vision is to further drive quality and safety as well as efficacy and sustainability of medical treatment by making the collective knowledge of the sector’s professionals – alongside best practice and research insights – available globally to improve patients’ health and life on a neutral, objective and transparent basis.
We welcome you («you» or «user») and ask you to please read these terms of use («terms») carefully. By accessing or using the site, by using any interactive areas of the site, most importantly but not exclusively the platform IMPedia, whether as a registered user or unregistered visitor, you are entering into a legally binding contract with us. You acknowledge that you have read and understood these terms, and that you agree to be bound by them and any amendments and supplements to it.
If you do not agree to these terms, do not use the site or services.
If you have any questions regarding the use of the site or the services, please email info@impedia.org.
Scope and intended use
IMP has launched the platform IMPedia (the «platform»), that collects and provides user generated content from medical professionals and institutions in all relevant disciplines. It makes the outcome and best practice insights available to all IMPedia-connected professionals in templates that are inspired by proven air force procedures.
The platform is intended to facilitate designing, planning, visualization and documentation of medical procedures. It can be used in the context of any type of medical procedure, regardless of the medical indication and patient population. It is aimed at health care professionals, such as surgeons, nurses and other hospital staff, at institutions of medical education and training and at other institution in the medical field («health care professionals»). It can be accessed through a web application (the «web-app») and an iOS application (the «iOS-app»).
The platform and all services are not intended to be the basis or providing any information to make any medical decisions. They are designed to offer general clinical information for reference and educational purposes only. The information furnished is not, and is not a substitute for professional or medical advice and is not intended to replace the judgment of a healthcare professional. The treatment decision is always up to the health care professional and the patient.
You are solely responsible for your own actions. It’s on you to validate the accuracy of any information from the services we offer.
The services include by definition, and these terms apply to, the site, the platform, the web-app and the iOS-app as well as all existing and future interactive areas or features such as content hosting and storage services, discussion forums, galleries, chat rooms, blogs, message boards, or other areas or services (the «services») whether accessed via computer, mobile device or other technology.
The services are partially operated by Nodus Tech AG («nodus») namely but not exclusively over the website www.nodus-medical.com. These terms apply, regardless by whom the services are operated.
Account and privacy
To use the services, with the exception of the site itself, you have to create a user-specific account (the «account»). You must keep your login details secret and not pass it on to anyone else or let them use your account. If you believe that there has been an unauthorized access to your account or any other breach of security, you must change your username and password and notify us immediately. You are solely responsible for maintaining the confidentiality of all account information (including access credentials and personal data) and will be fully liable for any and all activities under your account.
Once a registered user, you may provide additional information to your account describing your credentials, professional experiences, academic background, biography and the like. Your personal account shall be available for viewing by other registered or unregistered users and will be considered non-confidential and non-proprietary. Providing additional information to your personal account beyond what is required at registration is entirely optional and can be altered or removed by you at any time.
Furthermore, our privacy policy explains how we collect, use and share your personal information. Please read our privacy policy carefully. By accessing and using the services in any way, you consent to the handling of your personal information as described therein.
User content standards
You may use the services to create, post, upload, transmit, distribute, store or otherwise publish through the services («process») content, messages, materials, data, information, text, music, sound, photos, video, graphics or other items or materials («user content»). We do not have control over what user content you process using the services. You are solely responsible for its accuracy, completeness, lawfulness and appropriateness and you use the services at your own risk.
You agree that your user content will not:
Although we prohibit certain activities in these terms, we do not control and take no responsibility or liability for any user content processed by you or any third party, or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter by use of the services. As a provider of services, we are not liable for any user content provided by our users in the services.
While we are not responsible for user content, we may, but have no obligation to, monitor, review or edit user content. You are solely responsible for creating backup copies of and replacing any user content you process at your sole cost and expense. In all cases, we reserve the right to remove any user content for any or no reason, including user content that we determine in our sole discretion violates these terms, threatens the personal safety of our users or the public, or could create liability for IMP. We may take these actions without prior notification to you and shall have no liability as a result of any such action.
You understand and acknowledge that any user content you process, even if designated as private, could be accessed, indexed, archived, linked to and republished by others, including, but not limited to, appearing on other websites and in search engine results. Therefore, you should be careful about the nature of the content you process, most importantly, but not limited to, personal data about patients. We will not be responsible or liable for any personal data that you process and third-party access to such data.
You are solely responsible for acquiring all
and you represent and warrant that
Use of the services
The services are intended for use by health care professionals and are designed to offer general clinical information for reference and educational purposes only. IMP is not engaged in the practice of medicine or the provision of any healthcare services to any patient. We do not recommend or endorse any specific drugs, tests, healthcare providers, products, procedures, opinions, “off-label” drug uses or other information that may be mentioned in the services, and we are not responsible for such information.
The user content and all information furnished are not, and are not a substitute for, your professional or medical decision making and advice and are not intended to replace your judgment as a healthcare professional when diagnosing or treating patients. You are solely responsible for your decision to use the services, evaluate the information obtained through the services, and for your decision to use such information in connection with your treatment and otherwise. Your use of the user content and all information obtained through the services is solely at your own risk, and you agree that IMP is not responsible or liable for anything whatsoever arising from your use of such user content and information.
Availability of services and support
We make reasonable efforts to maintain the services available at all times, however we may encounter technical difficulties or engage in maintenance or updates to the services that may cause temporary interruptions. We reserve the right, at any time, to modify, suspend or discontinue any services without liability to you.
We make reasonable efforts to provide you with technical support for the services. We have no obligation to operate or support any version of the services other than the then current version. You agree that we may charge in accordance with our then current policies for any support service (including reasonable travel expenses) resulting from problems, errors or inquiries related to the services.
Third-Party Sites
The services include, or may include in the future, links to third-party web sites («third-party sites»). You are responsible for evaluating whether you want to access or use a third-party site and agree and understand that our inclusion of a link to a third-party site in no way constitutes our affiliation with or endorsement of such site or its content. Third-party sites are governed by their respective terms of use and privacy policies, and we encourage you to review the terms and policies of any third-party site before using it.
Third-Party Software
The services may include and integrate third-party software. We do not assume any liability regarding the use of such software or undertake to furnish any support or information relating to such software. You may have to enter into separate written agreements with the applicable third parties for use of such third-party software. We may also make available optional services provided by third parties.
License to use the services
Subject to these terms, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable license to access the services for your personal, non-commercial use, unless otherwise agreed with us. With the aim to further advancing the methods of medical treatments and thus the quality and safety as well as efficacy and sustainability of such treatments, you may use the services, namely view existing user content or create your own user content.
Unless otherwise agreed in writing with us, any further or additional use of services is prohibited. In particular, but not exclusively, the following shall be deemed to be unauthorized and therefore improper use of the services and user content:
We reserve all rights not expressly granted in these terms, including, without limitation, title, ownership, intellectual property rights in the services, including any user content and data made available through the services, and our consent to your use of the services does not impair those rights in any way.
Your license to IMP
We are free to use your user content and any ideas, concepts, know-how, or techniques contained in or derived from your user content for any purpose whatsoever. You grant us and our affiliates a non-exclusive, irrevocable, royalty-free, worldwide, perpetual, unlimited and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, improve, remove, retain, add, process, analyse, index, tag and commercialize such user content throughout the world in any media on or in connection with the services. Therefore, please do not process user content that you wish to or must keep confidential or for which you expect to receive any compensation.
You may stop using our services or terminate your user account at any time without prior notice. We reserve the right at any time to discontinue, temporarily or permanently, your ability to access or use your account, to access or process your or other user content, with or without notice, at our sole discretion. You agree that we shall not be liable to you or to any third party for any suspension or discontinuance.
If at any time, for any reason, whether voluntarily or through termination, the services are no longer used or can/must not be used, you agree that all these terms, namely but not exclusively, ownership, trademark notices, indemnification, disclaimer or warranties, liability, and applicable law and jurisdiction shall continue to apply.
Warranty Disclaimer
Our services, all information and all user content provided by or on behalf of IMP are provided «as is» and «as available», without representation, warranty or conditions of any kind.
For the avoidance of doubt, IMP does not warrant that:
You are solely responsible for
To the fullest extent permitted by law, IMP hereby disclaims all representations, warranties and conditions, whether express, implied or statutory, oral or written, with respect to the IMP services, information or user content by or on behalf of IMP, including without limitation, all implied warranties of title, non-infringement, quiet enjoyment, usefulness, merchantability or fitness for any particular purpose and all warranties arising from any course of dealing, performance or usage of trade.
Limitation of liability
To the fullest extent permitted by applicable law, in no event will we, our affiliates, or our or their respective licensors, service providers, employees, agents, officers, directors, and/or shareholders be liable for any direct, indirect, consequential, special, incidental, or punitive damages (including damages for loss of profits, business opportunities, or goodwill, or any other intangible loss) arising out of, based on, or resulting from these terms or your use or access, or inability to use or access, the services or any component thereof, whether based on breach of contract, breach of warranty, negligence, or any other cause of action, even if advised of the possibility of such damages.
To the fullest extent permitted by applicable law, we, our affiliates, or our or their respective licensors, service providers, employees, agents, officers, directors, and/or shareholders assume no liability or responsibility for any errors, mistakes, or inaccuracies of content made available through the services or as a result of the use of any such content, personal injury of any nature whatsoever resulting from your access to or use of the services, or any unauthorized access to or use of our servers and/or any and all information stored therein.
Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between you and us under these terms. This allocation is an essential element of our agreement, and the limitations in this section will apply even if any limited remedy fails its essential purpose.
Indemnity
You agree to indemnify and hold harmless IMP, our affiliates, our or their service providers, employees, officers, agents, directors and/or shareholders from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to
Notices
All notices under these Terms will be in text form (including e-mail) and delivered to the parties at their respective addresses stated herein, or at such other address designated by written notice. Notices will be deemed to have been duly given and effective when received.
Assignment
You may not assign, delegate or otherwise transfer your account or your obligations under these terms without our prior written consent. We have the right, in our sole discretion, to transfer or assign all or any part of our rights under these terms and will have the right to delegate or use third parties to fulfil our duties and obligations under these Terms and in connection with the services.
Entire agreement
These terms constitute the entire, complete and exclusive agreement between you and us regarding your use of the services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these terms.
Changes of these terms
We reserve the right to modify these terms and any policies applicable to your use of the services at any time in our sole discretion. When we make a change, we will post the updated terms to the services. We may, and if required by law will, also provide notification of changes in another way that we believe is reasonably likely to reach you, such as by e-mail (if you have an account where we have your contact information) or another manner through the services. Any modifications to these terms will be effective upon posting or as otherwise indicated at the time of posting. In all cases, by continuing to use the services after posting of the updated terms, you are consenting to the changes.
Severability
If any provision of these terms is, becomes or is found to be legally invalid, void or unenforceable and/or if there is any gap that needs to be filled, the validity, legality and enforceability of the remaining provisions of these terms shall not be affected in any way. Legally invalid, void or unenforceable provisions as well as a gap shall be replaced/filled by common consent with such provisions which come as close as possible to the intended result of the invalid provision.
No Waiver
Failure to enforce any part of these terms is not a waiver of the right to later enforce that or any other part of these terms.
Governing law and place of jurisdiction
These terms shall be governed by and construed in accordance with the laws of Switzerland without regard to its conflicts of laws provisions and excluding the United Nations Convention on Contracts for the International Sale of Goods. Unless waived by IMP in its sole discretion, exclusive jurisdiction and venue for actions related to these terms will be the competent courts of the city of Berne, Switzerland.
V1.0, Berne – 08.08.2022
