PRIVACY POLICY/ CLARIFICATION TEXT
The data specified within the scope of this privacy policy/ clarification text are collected by Topkon Congress Servicess, the authorized agency of the association, on behalf of the European Federation of Audiological Societies.(EFAS)
This Privacy Policy/ Clarification text sets out the ways in which we collect, use and disclose information in connection with the operation of the Platform, including personal information about you, Platform users, visitors and representatives. This Privacy Policy/ Clarification text also applies to the use of the Platform via your mobile device.
When you visit the our website and/or share your personal data with the Topkon Congress Servicess for use within the scope of the processing purposes specified in this clarification text, you are deemed to have been informed of the provisions in this privacy policy and the clarification text.
1.What data does Topkon Congress Services/EFAS collect?
When you use www.efas2023.org or interact with us through some other means we collect data either directly from you or through you.
1.1.Data provided by you
Account information: We collect your information when you create an account this may include your name, email, phone number, date of birth, gender information and social media profile information if you choose to log-in this way.
Purchase and return information: We collect information about you when you purchase services or potentially return them.
Payment information: We collect your payment information in order to be able to facilitate your payment. This may include the type of payment method used, payment details such as credit card number or bank account number, payment verification information
1.2. Data obtained directly from you or from your device
Device Data: When you browse our website or app we collect certain information about your device. This information is needed for you to be able to connect and for us to serve you with a better and more optimised product. This information might include your operating system, your IP address, location data, advertising and device IDs. type of device used and browser information.
Interaction and indirect interest data: When you interact with the content of our website and apps we monitor and use that information to optimise our services and to provide you with more relevant content.
Cookie data: When you browse our website or apps and you consent to their use we place cookies or similar technologies on your device to understand your use of our website.
1.3. Data obtained from others about you
Information from Other Sources: We might receive information about you from other sources, such as updated delivery and address information from our carriers, which we use to correct our records and deliver your next purchase more easily.
We process your personal data for various purposes and based on several different legal bases that allow this processing. These purposes include:
Purchase and delivery of and services: We use your personal information to take and handle orders, deliver services, process payments, and communicate with you about orders, and services, and promotional offers.
Comply with legal obligations. In certain cases, we collect and use your personal information to comply with laws. For instance, we collect from sellers information regarding place of establishment and bank account information for identity verification and other purposes.
Communicate with you. We use your personal information to communicate with you in relation to via different channels (e.g., by phone, email, chat).
Advertising. We use your personal information to display interest-based ads for features, products, and services that might be of interest to you.
3.With whom does Topkon Congress Services / EFAS share my data?
Third Parties
In order to provide you with the services we offer at www.efas2023.org we share your personal data with third parties that enable us to run the service that you use.
Categories of third parties with whom we disclose personal information:
Third-Party Service Providers
We employ other companies and individuals to perform functions on our behalf. Examples include fulfilling orders for products or services, delivering packages, sending postal mail and email, removing repetitive information from customer lists, analyzing data, providing marketing assistance, providing search results and links (including paid listings and links), processing payments, transmitting content, scoring, assessing and managing credit risk, and providing customer service.
4.Storage duration and erasure
We collect and use your personal data for a variety of purposes that are described above. Each of these purposes has different requirements and therefore also a different retention period. We will delete your personal data as soon as it is no longer necessary to keep it for the purpose for which it was collected.
Please be advised however that we are legally required to keep some of your personal data, such as order and purchase information, for up to 7 years in order to adhere to our own legal obligations to which we are subject.
We provide you with various ways to take control of the way we use your personal data. In most cases you can control our use of your personal data directly on the website. Subject to possible restrictions under national law (especially Law No. 6698 on the Protection of Personal Data) as a data subject, you have the right to access, rectification, deletion, restriction of processing your personal data.
Right to access: You have the right to obtain access to your personal data that is being processed by us.
Right to rectification: You can update most of your personal data that we hold on you directly in your account settings . If you feel that we hold other inaccurate information about you; you can contact us directly.
Right to deletion: You have the right to obtain from us the erasure of personal data concerning you under certain conditions (e.g. when the personal data are no longer necessary in relation to the purposes for which they were processed or when they are no longer required for overriding legitimate grounds, such as the detection/prevention of fraud), unless processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, for reasons of public interest or for the establishment, exercise or defense of legal claims. The right to erasure may be limited by national law.
Right to restrict the processing of your personal data: You can request us to restrict our use of your personal data in the event that you don’t believe your data is accurate, you believe the data processing is unlawful but you don’t want us to delete the data, we no longer need the data for its intended purpose but you require it for the establishment, exercise or defence of a legal claim, or you have objected to our use of your personal data and want us to restrict its use until we have made a decision regarding your objection.
Withdrawal of Consent: Whenever you have given your consent to the processing of your personal data you can withdraw that consent at any time.
Right to lodge a complaint at the Supervisory Authority
In the event that you feel that we have not sufficiently responded to your request or question you always have the right to lodge a complaint at the Supervisory Authority.
6.What About Cookies?
To enable our systems to recognize your browser or device and to provide and improve our services, we use cookies.
A cookie is a string of information that is sent to your browser and stored on your computer’s or mobile devices hard drive. If you do not de-activate or erase the cookie, each time you use the same browser or device to access the Platform, our web servers will be notified of your visit to the Platform and, in turn, we may have knowledge of your visit and the pattern of your usage.
Why do we use Cookies?
We use first- and third-party Cookies for several reasons.
Some Cookies are required for technical and/or security reasons in order for our Platform to operate, and we refer to these as “essential” or “strictly necessary” Cookies. First party Cookies are mainly served to enable basic functionality on our Platform; including web analytics Cookies that help us understand how users use our web pages and how we can improve their use. For example, we use essential or strictly necessary Cookies recognize you when you sign into your account.
How can I control Cookies?
You can determine if and how a cookie will be accepted by configuring the privacy setting of the browser you are using to access the Platform or the “privacy setting” of your device. If you disable the use of cookies in your browser, some features of this website may be difficult to use or may not work properly.
7.Contact details
If you have any questions around how we use your personal data, want to invoke any of your data subject rights, wish to make a suggestion or complaint you can reach us.
Address: Zuhtupasa Mah. Rifat Bey Sok. No:24 34724 Kalamis Kadikoy Istanbul
Phone: 00902163309020
E-mail address: congress@topkon.com
CLARIFICATION TEXT
In cases where you give your explicit consent by contacting the company or using our services, you have read and understood the "Privacy Policy and Clarification Text" above, and you accept and declare that your personal data will be collected,processed and transferre in the country and abroad by the company with the above mentioned articles. You can also give your express consent in other ways.
SERVICE SALES AGREEMENT
1.PARTIES
This Service Sales Agreement was signed in electronic environment within the framework of the terms and conditions stated below between the (“BUYER”) located at the address which is specifed in Article 5 and Topkon Congress Services (“SELLER”) located at Zuhtupasa Mah. Rifat Bey Sok. No:24 34724 Kalamis Kadikoy Istanbul.
In the implementation and interpretation of this Agreement, the terms written below shall refer to the written explanations against them.
SERVICE: Services offered on www.efas2023.org within the scope of EFAS 2023 Congress organization to be held on May 2-6, 2023.
SELLER: The company that offers goods to the consumer within the scope of its commercial or professional activities or acts on behalf of or on behalf of the supplier,
BUYER: A natural or legal person who acquires, uses or benefits from a good or service for commercial or non-professional purposes,
WEBSITE: The website named www.efas2023.org
ORDERING PARTY: The natural or legal person who requests a good or service through the website of the SELLER,
PARTIES: SELLER and BUYER,
AGREEMENT: This agreement which is concluded between the SELLER and the BUYER,
This Agreement regulates the rights and obligations of the parties regarding the services purchased over the website of the SELLER within the scope of the EFAS 2023 Biannual Congress (European Federation of Audiology Societies) organization to be held between May 2-6, 2023.
4.INFORMATION OF SELLER
Appellation: Topkon Turistik Hizmetler Yatırım İnşaat ve Ticaret Ltd. Şti
Address: Zuhtupasa Mah. Rifat Bey Sok No:24 34724 Kalamis Kadikoy Istanbul
Telephone:00902163309020
E-mail address:congress@topkon.com
5.INFORMATION OF BUYER
Name/Surname /Appellation: Information is on the registration page
Telephone: Information is on the registration page
E-mail address: Information is on the registration page
6.INVOICE INFORMATION
Name/Surname/Appellation: Information is on the registration page
Address: Information is on the registration page
E-mail address/username: Information is on the registration page
7.1 It consists of services announced by Topkon Congress Services and EFAS 2023 within the scope of EFAS 2023 Congress organization to be held between May 2- 2023
7.2. The prices listed and announced on the site are the sales price. Advertised prices and promises are valid until updated and changed. Prices announced for a period of time are valid until the end of the specified period.
7.3. The registration fee is the amount that will be displayed on the payment system screen of the website. The registration fee does not include expenses such as afternoon concerts, accommodation, transportation fees.
7.4.The early registration period will continue until the end of the day on January 15, 2023, and in case of early registration, the discounted fee announced on the website will be applied. Between January 15 – April 14,2023 mid-term registration fee will be applied. As of April 14, 2023 the right to register discounted fees will expire and no discounted fee will be applied. After May 1, 2023, no registration fee will be charged on the website. In this case, onsite registration can be purchased upon availability.
8.GENERAL PROVISIONS
8.1. The BUYER accepts, declares and undertakes that he has read the preliminary information about the basic characteristics, sales price and payment method and delivery of the services subject to the contract on the website of the SELLER and that he is informed and gives the necessary confirmation in the electronic environment.
8.2. The SELLER accepts, declares and undertakes to perform the services on the site and purchased by the buyer within the principles of accuracy and honesty, to maintain and increase the service quality, to show the necessary care and attention during the performance of the work, and to act with prudence and foresight.
8.3. The SELLER accepts, declares and undertakes that if the SELLER fails to provide the service subject to the contract due to force majeure situations such as the occurrence of unforeseen, and preventing and/or delaying the fulfillment of the obligations of the parties, the SELLER shall notify the BUYER about the situation. The SELLER also accepts, declares and undertakes that if the organization is completely canceled, he will refund the service fees charged under the contract.
8.4. The SELLER has the right to contact the BUYER by letter, e-mail, phone call and all other means and for other purposes via the address, e-mail address, fixed and mobile phone lines and other contact information specified by the BUYER in the registration form on the site or updated by him later. By accepting this contract, the BUYER accepts and declares that the SELLER may engage in the above-mentioned communication activities.
8.5. The BUYER declares and undertakes that the personal and other information provided while subscribing to the website belonging to the SELLER are true, and that the SELLER will immediately indemnify (in cash and in full) all damages due to the untruthfulness of this information, upon the first notification of the SELLER.
8.6. The BUYER accepts and undertakes from the beginning to comply with the provisions of the legal legislation and not to violate them when using the website of the SELLER. Otherwise, all legal and penal liabilities to arise will bind the BUYER completely and exclusively.
9.GENERAL PROVISIONS ON SECURITY, PRIVACY, PERSONAL INFORMATION, ELECTRONIC COMMUNICATIONS & INTELLECTUAL & INDUSTRIAL RIGHTS
9.1. PARTIES shall agree, declare and commit to act in accordance with Personal Data Protection Law No. 6698 (hereinafter referred to as "PDPL") and the secondary legislation that is legally based on the PDPL, and resolutions of the Personal Data Protection Board (hereinafter jointly referred to as "Data Protection Legislation") that acts as a decision-making body of the National Data Protection Authority, and to process any personal data they acquire, have access to or transfer in association with the execution of this Agreement in accordance with the Data Protection Legislation.
9.2. In addition to other considerations, Privacy Policy shall prevail for the protection, privacy, processing and use of any information and contact available on the Website.
10.CASE OF DEFAULT AND LEGAL CONSEQUENCES
If the BUYER fails to meet the financial obligations in the transaction he made with a credit card, he will pay an interest within the framework of the credit card contract the bank made with him and shall be liable to the bank. In this situation, relevant bank can take legal action; demand arising costs and counsel’s fee from the BUYER and under all circumstances, if the BUYER fails to meet the financial obligations, he shall accept paying the damage and loss of the SELLER arising due to delayed payment of the debt.
The BUYER accepts, declares and undertakes that all the conditions related to the services she/he will receive in terms of the organization subject to the contract are on the website, that she/he will follow the conditions for the purchase and cancellation of services on the website which will be updated from occasionally and that she/he will not make any demands from the seller contrary to the announced conditions for the purchase and cancellation of services.
Cancellation Conditions:
* Conditions that prevent participation in the organization (natural disasters, war, quarantine practices, travel restrictions between countries, etc. events outside the will of the participant, without being limited to those listed in this article) will be considered as force majeure. The advisory warnings of the official authorities of the countries not to travel to Croatia and/or Sibenik or the cases where the participant catches Covid-19 or any other epidemic disease will not be considered within the scope of force majeure.
* We recommend you purchase Travel Insurance that will refund you the cost if you need to cancel for another reason.
The invalidity or unenforceability of any article of this Agreement will not invalidate other articles of this Agreement. Topkon Congress Services reserves the right to make changes in the provisions of this agreement without prior notice to the users. In cases where there is no regulation in this agreement, the rules on the website will apply.
TERMS OF USE
1.GENERAL
1.1Topkon Congress Services is the owner and provider of the Website as well as of the Mobile Application (where available) designed for customers of EFAS 2023. Topkon Congress Services is located at the addres of : Zuhtupasa Mah. Rifat Bey Sok No:24 34724 Kalamis Kadikoy Istanbul
1.2.By accessing the Website and/or using any information available therein, the User signifies his/her consent to be legally bound by these Terms of Use. With regard to websites additional terms and conditions may apply and such additional terms and conditions shall prevail over these Terms of Use.
1.3 Subject to the terms and conditions and conditions of the SERVICE SALES AGREEMENT as available on the Website, a Member/Participant may purchase merchandise as available on the Website. As regards the protection of personal data, the PRIVACY POLICY as available on the Website shall apply.
2.DEFINITIONS
The terms as used in these Terms of Use shall have the meaning as set out below:
Purchaser: shall mean the real person or the legal entity purchasing services through the Website.
Privacy Policy: shall mean the text accessible through the Website and the Mobile App regulating www.efas2023.org general privacy policy with respect to personal data and the use of cookies including the purpose and methods pertaining to the use of personal data provided by Users and Member/Participant s through the Website and/or the Mobile Application by Topkon Congress Services
Member/Participant /Participant: shall mean a User accepted by Topkon Congress Services as a Member/Participant /Participant of EFAS
Mobile Application: shall mean a mobile application (App) can be used on mobile devices such as smartphones and tablets which is featuring basically the same options and functionalities as the Website.
My Account Page: shall mean the page exclusive to the Member/Participant accessible only through the username and password created by the relevant Member/Participant including personal information and any other information requested from the Member/Participant based on application and enabling the Member/Participant to carry out certain transactions in order to be benefit from various applications and Services available on the Website.
Services: shall mean the applications provided by Topkon Congress Services in order to enable the Member/Participant s and Participants to carry out the acts and transactions as defined in these Terms of Use.
User: shall mean any person accessing the Website.
Website: shall mean the website you use.
3.1 Access to Website is free of charge.Purchases and other transactions require a registration as a Member/Participant . With a registration as a Member/Participant , the User may provide additional information and generate his or her own Member/Participant ship account.
3.2 In order to gain user or Member/Participant ship status, the User wishing to become a User or a Member/Participant is required to accept the terms and conditions as set out in these Terms of Use and provide any and all accurate and up-to-date information requested hereunder. The User shall provide his or her first name, last name and e-mail-address as well as any other information required to provide the Services and reasonably requested by Topkon Congress Services. The User wishing to become a User or a Member/Participant must at least be 18 (eighteen) years old.
3.3. The user or Member/Participant ship status is initiated upon completion of the acceptance process and notification thereof to the User, thereby granting the rights and obligations set forth in these Terms of Use and on the relevant sections of the Website.
3.4 Users failing to provide accurate and up-to-date information within the registration process shall be personally liable for any damages that may arise in connection therewith.
3.5 The username and password information necessary for the Member/Participant to access his/her My Account Page and to carry out transactions through the Website shall be created by the Member/Participant and the Member/Participant shall be solely responsible for the safety and privacy thereof. The Member/Participant shall keep the username and password information strictly confidential and shall not pass on any such information to third parties.
3.6 In case of relevant changes to the information registered in the My Account Page, the Member/Participant shall be responsible for updating such information, including his/her account settings.
3.7 Topkon Congress Services and EFAS shall communicate with the Member/Participant through the e-mail address or by calling to the telephone number provided by the Member/Participant. The Member/Participant is obligated to keep his/her e-mail address and telephone number updated.
3.8 The Member/Participant , is not entitled to assign his/her Member/Participant ship or any rights or obligations arising therefrom partially or as a whole without prior written consent of Topkon Congress Services
3.9 The Member/Participant agrees, represents and undertakes in advance that any transaction carried out through his/her username and password is carried out by the Member/Participant himself/herself and that the Member/Participant is liable for all transactions carried out by using his/her username and password.
3.10 Member/Participant ‘s are entitled to terminate their Member/Participant status at any time through the "Member/Participant Cancellation" button on the My Account Page. Member/Participant s may at any time delete their profiles in their My Account Page unless the relevant information is required for performing outstanding transactions or for other legal reasons, e.g. with regard to pending legal disputes between the Member/Participant and Topkon Congress Services and/or third parties.
3.11 Topkon Congress Services and EFAS reserves the right to at any time block the Member/Participant ’s access to his/her My Account Page and/or terminate the Member/Participant ship and delete the My Account Page. This may apply in particular, if the Member/Participant is in breach of applicable laws, applicable contractual provisions, and/or EFAS 2023 guidelines or policies.
3.12 Topkon Congress Services shall be entitled to disclose the Member/Participant ’s information available to www.efas2023.org with competent authorities upon demand and in accordance with the applicable legislation.
4.1 The following obligations shall apply to Users and Member/Participant s alike.
4.2 The User/Member/Participant agrees and represents to act in accordance with the provisions under these Terms of Use, any other terms and conditions foreseen on the Website and/or the Mobile Application, the applicable legislation and moral principles in respect of any acts and correspondences carried out/made through the Website and/or the Mobile Application. The Member/Participant shall be legally and criminally liable for any act and transaction carried out through the Website and/or the Mobile Application.
4.3 The User/Member/Participant shall not use the Website and/or the Mobile Application in an illegal and immoral manner, including but not limited to the following:
4.4 The User/Member/Participant is obligated to conduct his/her transactions on the Website and/or the Mobile Application in a manner so as not to cause any financial damages to Topkon Congress Services or any technical damages to the Website and/or Mobile Application. The User/Member/Participant agrees and undertakes to take all necessary precautions including the use of necessary protective software and licensed products for the purposes of ensuring the prevention of any program, virus, software, unlicensed product, Trojan horse, etc. that may be harmful to the Website and/or Mobile Application. The User/Member/Participant also agrees not to access the Account Page through robots or automated access methods.
4.5 The use of the Website and/or Mobile Application or any content on the Website and/or Mobile Application in violation of these Terms of Use or the provisions under the applicable legislation is illegal; Topkon Congress Services. right to claim, action and prosecute in relation thereto is reserved.
5.1 The User/Member/Participant shall be solely responsible for any and all content generated by User/Member/Participant and communicated through the Website and/or the Mobile Application. In particular, the User/Member/Participant shall not communicate any content which is illegal, obscene, abusive, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, unsuitable for minors, or otherwise injurious to third parties or objectionable and/or does consist of or contain political campaigning, commercial solicitation, chain letters, mass mailings or any form of "spam".
5.2 The User/Member/Participant grants to Topkon Congress Services and EFAS to all content and material posted or submitted by User/Member/Participant on the Website and/or the Mobile Application (“User Generated Content”) a non-exclusive, royalty-free and transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, make available, store and archive such User Generated Content throughout the world in any media and by using any kind of technology.
5.3 The User/Member/Participant agrees that the rights granted above are irrevocable during the entire period of protection of the intellectual property rights associated with such User Generated Content. To the extent permitted by law, the User/ Member/Participant agrees to waive his/her right to be identified as the author of such User Generated Content and his/her right to object to derogatory treatment of such User Generated Content. The User/Member/Participant agrees to perform all further acts necessary to perfect any of the above rights granted to Topkon Congress Servicess.
5.4 The User/Member/Participant represents and warrants that he/she owns or otherwise controls all of the rights to the User Generated Content, that, as at the date User Generated Content is posted or submitted, the User Generated Content is accurate and that the use of the User Generated Content does not breach any applicable policies or guidelines of Topkon Congress Services and EFAS 2023 and will not cause injury or harm to any person or entity.
5.5 The User/Member/Participant agrees to indemnify Topkon Congress Services and EFAS for all claims brought by a third party against Topkon Congress Services and EFAS arising out of or in connection with the User Generated Content except to the extent that any liability arises from Topkon Congress Services and EFAS failure to timely and properly remove the User Generated Content after being notified of the illegal nature of the content.
5.6 Topkon Congress Services and EFAS reserves the right to at any time block or remove User Generated Content in its sole discretion. This applies in particular, if Topkon Congress Services and EFAS deems User Generated Content to be illegal, infringing third party rights or to be violating these Terms of Use.
6.1 Topkon Congress Services and EFAS will send electronic communications (e.g. e-mails, newsletters) to Users, Users and Member/Participant s only after obtaining their consent. This shall not apply to communications which are permitted by applicable law or in regard of which Topkon Congress Services has a legal obligation under contract and/or applicable law, e.g. information re. the Member/Participant ’s My Account Page. For contractual purposes, the User/Member/Participant may consent to receive communications from Topkon Congress Services and EFAS electronically and may agree that all agreements, notices, disclosures and other communications that he/she is provided with electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
6.2 Member/Participant s may at any time to activate and change the settings in their My Account Page, in particular activate and deactivate communications.
6.3 Users and Member/Participant s may at any time object to receiving further e-mails by using the respective option included within the footer of each e-mail without being charged.
7.1 All content included in or made available through the Website and/or the Mobile Application, such as e.g. text, graphics, logos, icons, images, audio or video clips, digital downloads and data compilations is the sole property of Topkon Congress Services and EFAS or its suppliers and is protected by local and international copyright, authors' rights, database right laws and other applicable lP-law. The compilation of all content included in the Website and/or the Mobile Application is the exclusive property of Topkon Congress Services and EFAS and is protected by copyright and database right law.
7.2 Graphics, logos, page headers, icons, scripts, and service names included in or made available through the Website and/or the Mobile Application, in particular those pertaining to the “Topkon Congress Services and EFAS” name, “Topkon Congress Services and EFAS” logos and “Topkon Congress Services and EFAS.” domains are trademarks or trade dress of Topkon Congress Services and EFAS trademarks and trade dress may not be used in connection with any product or service that is not from Topkon Congress Services and EFAS, in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Topkon Congress Services and EFAS All other trademarks not owned by Topkon Congress Services and EFAS are the property of their respective owners.
7.3 Users/Member/Participant s are not entitled to use, share, transmit, display, reproduce and derive other works from the intellectual property rights held by Topkon Congress Services and EFAS its affiliated companies without prior written consent. Users/ Member/Participant s are not entitled to use all or part of the Website and/or the Mobile Application in other media without Topkon Congress Services and EFAS written consent. Users/Users/Member/Participant s shall be obligated to compensate any direct and indirect damages and expenses incurred by Topkon Congress Services and EFAS and/or the relevant third party in case he/she acts in violation of the intellectual property rights of third parties or Topkon Congress Services and EFAS
Topkon Congress Services and EFAS reserves the right to at any time modify, block, deactivate or delete the Website and/or the Mobile Application or any parts thereof without giving prior notice, e.g. in cases where such measure is necessary to insure compliance with an order issued by a court or an competent authority or with applicable laws and regulations or when required for technical or security reasons.
Topkon Congress Services and EFAS is entitled to unilaterally amend these Terms of Use, the SERVICE SALES AGREEMENT, the PRIVACY POLICY and any other set of rules or text of legal relevance at its sole discretion and as it sees fit in accordance with the provisions under the applicable legislation by publishing such amendment on the Website and the Mobile Application. Amended provisions shall be valid as of their announcement date and the remaining provisions shall remain intact and continue to be effective. The continued use of the Website and/or the Mobile Application shall mean that the User accepts such amendments.
In case any uprising, embargo, state intervention, riot, occupancy, war, mobilisation, employee-employer disputes including strike, lockout, work related actions or boycotts, cyber-attack, communication problems, infrastructure and internet malfunction, improvement or renewal attempts pertaining to the system and any malfunction that may arise as a result thereof, power outage, fire, explosion, storm, flood, earthquake, migration, outbreak or any other natural disaster or any events that are beyond Topkon Congress Services and EFAS control, are not caused by Topkon Congress Services and EFAS fault and cannot be reasonably foreseen ("Force Majeure") prevent or delay Topkon Congress Services and EFAS to perform its contractual obligations , Topkon Congress Services and EFAS shall not be held liable for the obligations the exercise of which has been prevented or delayed as a result of the Force Majeure event and this shall not be regarded as a breach of contractual obligations.
11.1 Irrespective of the legal grounds of any claims, the liability of Topkon Congress Services and EFAS shall be limited within the framework of applicable statutory law as set out in this Section 11.
11.2 Topkon Congress Services and EFAS shall be liable without limitation for any damage to life, body or health as well as for any damage caused by intent or gross negligence on the part of Topkon Congress Services and EFAS or any of Topkon Congress Services and EFAS legal representatives, employees or vicarious agents, as well as for any damage resulting from the noncompliance with a guarantee or guaranteed characteristics given by Topkon Congress Services and EFAS or on account of maliciously concealed defects.
11.3 For damages incurred as a result of a slight negligent breach of essential contractual obligations committed by Topkon Congress Services and EFAS or any of Topkon Congress Services and EFAS legal representatives or agents, Topkon Congress Services and EFAS shall be liable only limited to the damage which is foreseeable and typical for the contract. Essential contractual obligations are obligations the performance of which is essential for the achieving the purpose of the contract and on the performance of which the User can rely on under normal circumstances. Topkon Congress Services and EFAS is not liable for slight negligent breach of any other obligations than those mentioned in the previous sentences.
11.4 Any other liability by Topkon Congress Services and EFAS is excluded. The above limitations shall apply accordingly to the benefit of Topkon Congress Services and EFAS legal representatives, employees or vicarious agents.
12.2 The failure of either party to exercise or perform a right granted hereunder shall not be deemed as a waiver or shall not prevent the future exercise or performance of such right.
12.3 This Agreement shall apply exclusively on its subject matter. Any terms and conditions of the User/Member/Participant that conflict with, or deviate from, this Agreement do not apply, even if the Seller has not expressly objected to them.
12.4 Should any of the provisions of this Agreement be or become invalid or ineffective in whole or in part, or should there be a gap in this Agreement, the validity of the remaining provisions hereof shall not be affected.