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US GENERAL TERMS AND CONDITIONS SDA GROUP TRAINING COURSES

1.    Scope and Validity

1.1     These General Terms & Conditions (GTC) govern all aspects of the sale to Customer and participation to a Swiss Dental Academy (hereafter: “SDA”) training course (hereafter: the “Training”), unless otherwise agreed upon in writing in a separate agreement.

1.2     The customer is the one purchasing the Training. The customer can be a public or private entity as well as an individual (hereafter “the Customer”).

1.3     The SDA is headquartered in Switzerland and is the E.M.S. Electro Medical Systems S.A. (hereafter: “EMS”) educational platform developing dental prophylaxis programs worldwide, while also supporting and promoting the Guided Biofilm Therapy Method. SDA training courses are organized either by EMS headquarters or its affiliates including Electro Medical Systems LLC.

1.4     These GTC apply to all present and future sales of a Training to Customers, even in case these GTC are not specifically referred to.

1.5     General Terms & Conditions of the Customer which are contrary to the present terms and conditions shall only be binding on the SDA and EMS if explicitly recognized in writing by EMS.

2.       Booking and Date of the Training

2.1     Bookings can be made via the website www.swissdentalacademy.com 

2.2     BOOKING CONFIRMATION

Once your booking has been processed, the SDA will confirm receipt of your registration by e-mail and send you separately the related proof of payment.
Your place is guaranteed once payment has been received.

2.3     The fixed date, confirmed by the Customer by email, cannot be cancelled or changed, subject to an exceptional and discretionary written consent of EMS for goods reasons.

3.       Cancellation and Penalties

3.1     Notification of cancellation of registration must be sent in writing to the SDA Organizing Committee by e-mail at:
3.2     Unlikely situations cannot be excluded that could make it necessary for EMS to cancel a Training or postpone it to another date. In any case, the SDA Cancellations of online registrations received up to 14 days prior to the course: 100% refund. The amount of the refund will be sent to you in the currency of your initial payment within the 30 days following your request for cancellation.

Cancellations of online registrations received within the 7 days prior to the course and no show on the day of the course: no refund. If you need to cancel, you may transfer your registration to another course date.

Unlikely situations cannot be excluded that could make it necessary to cancel an SDA course or postpone it to another date. In any case, the SDA cannot be held liable for (i) date, (ii) location, (iii) chairman, (iv) faculty, (v) content, (vi) performance and (vii) execution of a SDA course.
In case of lack of attendance or (personal) incapability of the chairman or a faculty member, SDA reserves the right to cancel or postpone an SDA course, or move a SDA course to another location.

In the event of a cancellation of an SDA course due to reasons SDA is responsible for, prepaid registration fees will be refunded but any other claims against SDA, the chairman and the faculty members of the SDA course are excluded. In particular, SDA, the chairman and the faculty members of the SDA course are not liable and responsible for any costs and expenses that may occur when canceling or postponing an SDA course or moving an SDA course to another location. SDA is only liable and responsible for damage caused deliberately or through gross negligence. SDA is not liable and responsible for any items lost during the SDA course.

4. PHOTOGRAPHS 

Photographs could be taken during the Training for promotional and educational purposes. Photographs release consent form will be asked from the participants to the Training. The consent is not mandatory, and photographs of the non-willing participants will not be taken.

5.       Expenses

The expenses of the Training shall be taken entirely in charge by the Customer subject to exceptions.

6.       Intellectual Property

The present GTC (General Terms & conditions of contract) and any related contractual provisions shall not be interpreted to mean that they transfer to the Customer EMS’ intellectual property rights to goods and services. EMS shall remain the exclusive holder of intellectual property rights to goods and services. All intellectual property rights in or arising out of or in connection with the training including any associated training materials shall be owned by EMS. No reproductions, scans or copies (wholly or in part) shall be made of the training material without prior written consent of EMS.

7.     Data Protection

EMS and Customer undertake to comply with the relevant legal provisions regarding data protection. Personal data may only be processed for the purpose and to the extent required for the fulfilment of the contract and for safeguarding a high service and security standard. Personal data shall be collected, stored and passed on to third parties only as far as legally admissible. When you register for (a) training(s), E.M.S. Electro Medical Systems S.A. with registered office at Ch. De la Vuarpillière 31, CH-1260 Nyon, will collect and use your personal data to send you information about your registration(s) and ensure the follow-up.

We will not send you newsletters or marketing e-mail communications unless you have subscribed to this service during course(s) registration(s). Please refer to SDA/E.M.S.’s Privacy Policy to have more information on how E.M.S. will use your personal data or contact privacy@ems-ch.com if you have any other questions.

8.     Applicable Law and Place of Jurisdiction

8.1   These GTC shall be governed by and construed according to the laws of Texas. Place of jurisdiction for any litigation arising between the parties shall be Dallas, Texas.