Skip to main content
Background

Mentions légales

Last updated on and valid as of 14 May 2018

 

Preamble

 

The Terms of Use and the Privacy Policy together form this Legal Notice (hereinafter 'Notice'), which applies to all content and services offered on the site of the GesondheetsZentrum (https://www.gesondheetszentrum.lu) (hereinafter 'Site') as well as to any user of thi Site (hereinafter 'User', 'you', 'your', or 'yourself').

 

  1. Acceptance of the Notice

By using, accessing or visiting the Site (hereinafter 'using the Site' or 'use of the Site'), you accept and agree to the Notice.

You must read the Notice carefully and in its entirety, including the documents mentioned therein, before using the Site, given that the Notice constitutes a legally binding agreement between you and the GesondheetsZentrum (hereinafter 'GZ', 'it' or 'its') which defines your rights, obligations and responsibilities in your relations with the GZ.

BY CONSULTING THE SITE, YOU ACCEPT THE NOTICE AND ACKNOWLEDGE THAT YOU UNDERSTAND THE INFORMATION CONTAINED THEREIN.

You acknowledge of having verified that the computer configuration you use does not contain any viruses or any other 'malicious software', and that it is in perfect working order. As the case may be, the GZ cannot be held responsible.

 

  1. Site content

The Site aims to inform the User about the GZ and its activities.

In particular, the Site contains the following information, features and services (hereinafter 'Site Services'):

  • Information on GZ offers: health checks, courses and management activities as well as the Protea programme
  • The download and display of GZ programmes in PDF form
  • Contact form
  • Online payment
  • Newsletter
  • Videos and .mp3 files
  • Blog
  • Multilingual function
  • Site link to social networks
  • Internal search engine
  • Statistical monitoring

 

The GZ reserves the right to correct or to modify the content of the Site at any time and without notice.

You are solely responsible for the choice, use and interpretation of the data that you peruse, query and transfer to the Site.

 

  1. Site use

You are fully and exclusively responsible for any content or information that you submit to the GZ on or via its Site.

You must refrain from submitting any inaccurate, incorrect, incomplete, unreliable or misleading information.

Any User who finds inaccuracies, erroneous information or information of a clearly illicit nature is requested to inform the GZ thereof.

You formally and expressly agree, with respect to the GZ, that you will not use the Site:

  • for purposes other than those of your personal and non-commercial use;
  • to submit any information on behalf of others, or to assist others to do so without the express prior consent of the person for whom such information is submitted;
  • for purposes that are illegal or prohibited by the Notice. In particular, you may not use the Site in a manner that could damage, disable, overload or interfere with the infrastructure of the GZ;
  • to engage in any criminal activity, including attempting to gain unauthorised access to any information submitted by others through the Site, the computer systems or networks connected to the GZ by hacking or via any other means;
  • to create derivative works, incorporating any element of the GZ, to perform reverse engineering, or to break down or to attempt to access or modify source codes of any software in any way.

 

  1. Property, names, images and logos

GZ is the owner or otherwise the proprietor or, in fact, the holder of all intellectual property in connection with the Site, in particular but not limited to trademarks, trade names, database-related rights, processes, software, patents, copyrights, designs, logos, calculations, algorithms and domain names. The GZ reserves all rights attached to said intellectual property.

Any material related or linked to the Site, either directly or indirectly, is the property of GZ and is protected by copyright, trademark right and other laws in force.

The following listing indicates the exclusive property of the GZ, notably and without prejudice to exhaustiveness: trademarks, service marks and GZ logos, and any other content and material, in particular names, images, logos, software, text, graphics, data, prices, modifications, tables, charts, video and audio (regardless of the format and type), concerning or identifying the GZ in any form whatsoever (e.g. text, graphics, images, audio, video, html code, buttons, trademarks, software, logos) (hereinafter 'GZ Trademarks').

You should not and must not authorise, permit or assist anyone to copy, reproduce, modify, republish, download, display, transmit, delete, collect or otherwise distribute the GZ Trademarks in any form or manner whatsoever, whether manually or automatically. Any use of the GZ Trademarks on any other website or computer network for any other purpose is strictly prohibited. Such unauthorised use may constitute a violation of the applicable intellectual property rights and, as such, may infringe copyright, trademark rights and other applicable laws, and could result in criminal or civil punishment.

As an exception to the above, and in the absence of the indication to the contrary, the reproduction of the Site’s texts for non-commercial purposes—within a pedagogical context in particular—is permitted solely under the strict observance of the four (4) following conditions:

  • Free distribution
  • Respect for the integrity of the documents reproduced: no modification or alteration of any kind
  • Explicit reference to the Site as a source, with the indication that reproduction rights are reserved and limited
  • Prior written authorisation from the GZ Management

The stipulations set out in the paragraphs of this section also apply, where applicable, to third parties or their products and services.

 

  1. External websites

Occasionally, the Site may provide references or links to other websites or online services, facilitate access to other Websites or online services (hereinafter 'External Websites'), or present videos filmed by third parties as part of the use permitted by law. We do not control these External Websites or any of their contents. You agree that we cannot, under any circumstances, be held responsible for External Websites to which the Site refers or provides a link, whether directly or indirectly. In particular, the GZ can under no circumstances be held responsible for the content of the External Websites, for any information posted thereon, or for their policies, data protection standards, promotions, products, practices, services or actions, or any other damage, loss, failure or problem caused by or related to External Websites.

Please note that the inclusion of a link or any reference on the Site does not imply the approval of an External Website by the GZ, and the fact remains that these External Websites have separate and independent data protection policies. We therefore encourage you to review the policies, rules, terms, data protection practices and policies of each website that you visit.

We seek to protect the integrity of the Site and we appreciate any comments on the External Websites to which the Site refers.

 

  1.  Guaranties

The GZ site meets the effective security standards in force. The GZ shall not, however, be held responsible for the presence of viruses or malicious software on the Site.

The GZ makes every effort to provide Users with available and verified information or tools, but shall not be held responsible for errors, or for information which is null and void. In any case, the information contained on the Site cannot constitute a guarantee in any matter whatsoever and in any field whatsoever. This refers—notably and without prejudice to exhaustiveness— to cases of administrative or pedagogical errors.

No guarantee is given as to the 24/7 availability of the Site, and no liability may be assumed of the GZ which is linked to loss or damage resulting from the unavailability of the Site.

The GZ does not guarantee the compatibility of its site with your equipment or your electronic communication systems.

Any guaranty not expressly stated in the Notice is formally excluded.


 

  1. Discontinuance and suspension

You may—at any time, without stating a reason and without recourse to the courts—decide to no longer use our Site or request to no longer receive Site Services by sending an email to dpo@fhrs.lu.

 

  1. Exclusion of liability

To the maximum extent permitted by law, the GZ is not liable for any loss or damage resulting from a decision made by the GZ pursuant to Section 1.2 above ('Discontinuance and suspension').

In all circumstances, the total amount of damages and interest due by the GZ in connection with incidents resulting from or in connection with the Site or Site Services—irrespective of the basis on contractual, tortious or other liability—is limited in any event to the sum of one thousand euro (EUR 1,000).

To the maximum extent permitted by law, the GZ is not liable if we are unable to provide the Site Services for reasons beyond our control including, without limitation, in the case of force majeure or a change in the law.

 

  1. Indemnity

To the maximum extent permitted by law, you expressly agree to defend, indemnify and release GZ, its partners (including third-party service providers or subcontractors), its managers, affiliates and employees, of any action, claim, proceeding, procedure, loss, liability, damage, fee or expense (including, without limitation, any legal fees) made against, suffered by, incurred or resulting from your access or your use of the Site or Site Services which are in violation of the Notice or applicable laws, either directly or indirectly.

 

  1. Complaints

You may make a complaint to the GZ in connection with the Site or Site Services (for example, with regard to any misappropriation or unauthorised use of the Site or Site Services) by sending an email to dpo@fhrs.lu.

You can also make a complaint to supervisory authorities: https://cnpd.public.lu/fr.html.

 

  1. Availability and modification of the Notice

The Notice is and should continue to be accessible to you on the Site.

The GZ reserves the right to revise, change, modify, update, supplement, add or remove portions of the Notice at any time and at its sole discretion.

In the event that we make such changes to the Notice, human resources will provide you with the amended version of the Notice on the Site (with the latest updated date).

 

  1. Applicable law and jurisdiction clause

No waiver by the GZ is effective unless it is made in writing.

  1. Unless expressly stated otherwise by the GZ, no failure or delay of the GZ to exercise a right or recourse under the Notice may be considered a waiver to such a right or recourse, or any other right or recourse under the Notice.
  2. Any notification by or to the GZ, and any notification by and to you in connection with the Site, Site Services or the Notice should essentially be made using the messaging system provided on the Site or by sending an email to dpo@fhrs.lu. Such notification is considered to be equivalent to paper documentation, including for evidentiary purposes.

    However, the User and the GZ may also provide notification via hand delivery, post or courier. In this case, any notification to the GZ must to be directed to the address below, or to any other address that may periodically be given to you by the GZ.

    Fondation Hôpitaux Robert Schuman
    GesondheetsZentrum
    44 rue d´Anvers
    L-1130 Luxembourg

    The GZ must make known to you any notification to the email address or the physical address available to the GZ.

  3. Access and use of the Site, the Site Services, the Notice as well as the processing of your Personal Data by the GZ are governed by the laws of the Grand Duchy of Luxembourg excluding, to the extent permitted by law, any provision of Luxembourgian private international law as well as any legal provision that would entail the application of the law of a different jurisdiction. This is without prejudice to the protection afforded by the mandatory provisions of law that would be applicable in the absence of this paragraph.
  4. The stipulations of the preceding paragraph also apply to any litigation of a tortious nature in relation to the Site and Site Services.

Any dispute in connection with the access and use of the Site and Site Services, or in relation to the Notice (whether directly or indirectly), comes under the exclusive jurisdiction of the courts and tribunals of Luxembourg City (Grand Duchy of Luxembourg).