End user acceptance
TERMS OF SALE AND DELIVERY
The following terms of sale and delivery must be read and accepted before signing up to a subscription/trial subscription for Caddi.
1. Purpose and Use
1.1 Caddi develops physiological exercises for the use by therapists in the treatment of private individuals with the purpose of ensuring personal and physical well-being.
1.2 Caddi is intended for subscribers who work as physiotherapists, chiropractors, therapists or at exercise and fitness centres etc. The subscribers are therefore therapists.
1.3 The material from Caddi is intended to be handed out to patients, clients, students and customers as part of their treatment/rehabilitation. The purpose of the material is to give the individual the possibility of obtaining visual support of the professional guidance.
2.1 Caddi's material is intended for therapists. Caddi shall not be liable for the use of the material/exercises, and Caddi shall not be liable for the use by therapists of the material in their treatment.
2.2 In relation to the patient/client/student/customer, the subscriber shall be liable for choosing the appropriate exercises for the patient in question, and in relation to the patient/client/student/customer, the subscriber shall be liable for the guidance and use of the exercises.
2.3 Caddi shall not be liable for any changes or additions made by the subscriber to the material.
2.4 Caddi shall not be liable for the compatibility of the subscriber's computer system with Caddi, and Caddi shall not be liable for the subscriber's printing software etc. Any difficulties with respect to the subscriber's use of Caddi on his/her computer system which may occur does not exempt the subscriber from paying the subscription fee.
3. The Subscriber's Right to Use Caddi
3.1 The subscriber shall be entitled to correct or adjust the text pertaining to the individual exercises. The subscriber shall also be entitled to edit the material.
3.2 However, the subscriber may never use the material, neither pictures nor text, in a way which is contrary to Caddi's purpose, cf. § 1.
3.3 With the exception of photocopying costs and similar costs, which can be substantiated, the subscriber shall not be entitled to request payment for handing out material from Caddi to patients/clients/students/customers.
3.4 Likewise, the subscriber shall not be entitled to use material from Caddi in connection with sales activities, and material from Caddi may not be copied, distributed or otherwise used for the purpose of resale.
3.5 The subscriber shall not be entitled to carry out advertising using material from Caddi, unless this is done by means of brochures or similar publications and solely with a professional purpose in mind and subject to Caddi's prior written approval.
4.1 The copyright of exercises, pictures, concepts, texts etc. developed by Caddi shall be Caddi's property and may not be transferred to any third parties without Caddi's approval, except for the provisions of the present terms of sale and delivery.
5.1 A one-off fee is payable upon establishment of the subscription - this amount will not be repaid on termination.
5.2 The Caddi membership is a ongoing subscription. Caddi reserves the right to adjust their fees by a maximum of 2.5 percent per year for the continuing subscription. Any price adjustments in addition to this shall entitle the subscriber to terminate his/her subscription immediately without notice.
5.3 Caddi subscription fee - please see table of current prices in www.caddi.com.
5.4 The subscriber is required to select the desired billing method. The choice made during the login manager at login the first time and is valid for the way in which the invoice is received.
5.5 The Caddi trial period does not imply an obligation to take out a subscription. The trial period shall be free of charge.
6.1 Membership/subscription shall be ongoing and continue until it is terminated in writing. The duration of the subscription is currently one year and may be terminated 1 month before renewal. Termination must be notified in writing. The termination shall be received by Caddi no later than 30 days before renewal.
7. Breach of Contract
7.1 Use of Caddi contrary to the provisions stated above concerning the subscriber's right to use Caddi shall trigger a penalty, which is set at minimum 50,000.00 Danish kroner per infraction. In addition, compensation shall be payable subject to the standard terms under Danish law. Payment of penalty and compensation shall not entitle the subscriber to continue the infraction.
7.2 Caddi reserves the right to report infractions to the police. In addition, an infraction shall be considered a breach of contract, and the subscriber's CADD-ID will be deleted without notice. The subscription fee will not be repaid.
7.3 Any breach of the terms of the present contract entitles Caddi to terminate the contract with immediate effect, thus effecting immediate deletion of the subscriber's CADD-ID.
8. Disputes, Venue and Choice of Law
8.1 All disputes shall be settled at the court in Horsens, or alternatively the western division of the Danish High Court (Vestre Landsret), as a venue. Danish law shall be applied.
|Caddi · Horsens Sundhedshus · Grønlandsvej 1, 2. 04 · DK-8700 Horsens · Tlf.: +45 75 62 89 19 · E-mail: firstname.lastname@example.org