GTC General Terms and Conditions

General Terms and Conditions

General Terms and Conditions for SUA Training offered by E.M.S. Electro Medical Systems S.A., Chemin de la Vuarpillière 31, 1260 Nyon, Switzerland (hereinafter referred to as “EMS”).

1.Scope and Validity
1.1.Unless otherwise agreed in writing, these General Terms and Conditions for Trainings (hereinafter “GTC Training”) govern all aspects related to the purchase and participation in educational sessions offered by EMS Electro Medical Systems S.A., Chemin de la Vuarpillière 31, 1260 Nyon, Switzerland (hereinafter “EMS”) under the Swiss Urology Academy (hereinafter “SUA”). Such sessions include endourology theorical presentations, clinical discussions and observation of live surgeries, presential or virtual. (hereinafter the “Training”).
1.2.These GTC Training apply exclusively to Trainings provided by EMS under SUA and do not apply to the sale of EMS products or other services such as after-sales service, which remain subject to the EMS General Terms and Conditions of Sale.
1.3.Any general or special terms and conditions of the participant that conflict with these GTC Training shall not form part of the agreement unless expressly accepted in writing by EMS.
1.4.By registering for a Training, the participant confirms that they have read, understood, and accepted without reservation the GTC Training in force at the time of registration. This acceptance is not subject to a handwritten signature.
1.5.EMS reserves the right to amend these GTC Training at any time, with effect for future registrations.

2.Booking Conditions/Conclusion of the Contract
2.1.The presentation of the Training on the SUA website constitutes a non-binding invitation to submit an offer. By submitting a booking request, the participant makes an offer to conclude a contract for the Training.
2.2.The contract is formed only upon acceptance by EMS, which will be communicated through a booking confirmation sent by email within seven business days. This confirmation establishes a binding agreement for the respective Training.
2.3.EMS will review each booking request with particular attention to compliance with participation requirements.
2.4.EMS reserves the right to refuse any booking at its discretion.
2.5.If a participant is registered by a distributor, commercial partner, or any third party acting on the participant’s behalf, such registration does not constitute a concluded contract. The participant must personally accept these GTC Training for the contract to be validly formed. If the participant does not accept the GTC Training prior to the Trainingdate, the registration is invalid, and the participant will not be allowed to attend the Training.

3.Terms and Conditions of Participation
3.1.Scope of the Training and Prerequisite Qualifications
3.1.1.Seat reservations for the Training are valid exclusively for the booked Training and are not transferable to third parties.
3.1.2.The Trainings offered under the Swiss Urological Academy (SUA) are intended exclusively for qualified healthcare professionals or individuals in recognized medical training programs who are legally authorized to receive such education under applicable laws and regulations.
3.1.3.By registering, the participant represents and warrants that they meet all such prerequisites. EMS reserves the right, but has no obligation, to verify compliance and to refuse or exclude any participant who does not satisfy the required qualifications, without any obligation to refund fees or compensate for related costs.
3.1.4.The hospital or medical institution hosting the Training may, at any time and at its sole discretion, refuse entry or exclude a participant if the institution’s internal policies, access rules, safety requirements or other mandatory conditions are not respected. Such refusal shall not give rise to any refund or compensation.
3.1.5.EMS also reserves the right to exclude a participant at any moment during the Training in cases of inappropriate behavior, failure to comply with instructions, safety protocols, or any conduct that may disrupt the session or compromise the integrity of the Training. Such exclusion shall equally not entitle the participant to any refund or compensation.

3.2.Mandatory Documentation
Submission of all required documentation is mandatory and forms part of the acceptance process. In certain cases, approval from competent authorities may also be required. EMS may provide support and guidance throughout this process; however, such assistance is offered on a non-binding basis and does not constitute any assumption of responsibility or liability. The conditions set by the relevant authorities and the official information they provide shall prevail.

3.3.Health and Safety
Participants undertake not to attend the Training in the event of illness, symptoms of communicable disease, or any condition that could endanger other participants, patients, or hospital and training staff. EMS, or where applicable the trainer delivering the session, reserves the right to refuse access to the Training in such cases, without any obligation to refund fees or cover related costs.

3.4.Participation at Own Risk – Insurance
3.4.1.Participation in the Training, including access to hospital or clinical environments and observation of live medical procedures, is at the participant’s own risk.
3.4.2.Each participant is solely responsible for their own health and safety during the Training and confirms that they are in an appropriate physical and medical condition to attend.
3.4.3.Participants are responsible, at their own expense, for maintaining adequate health, accident, and personal liability insurance covering their participation in the Training, including but not limited to risks associated with travel, accommodation, access to medical facilities, and presence in operating rooms or clinical areas.
3.4.4.EMS shall not be liable for any injury, accident, illness, loss, or damage suffered by a participant during or in connection with the Training, except where such liability cannot be excluded by mandatory applicable law.

3.5.Live Demonstrations
3.5.1.Live demonstrations of medical procedures may form part of the Training. These demonstrations will be performed exclusively by qualified faculty surgeons or healthcare professionals designated by the faculty surgeons.
3.5.2.Participants are strictly prohibited from performing any medical acts or interventions on patients during the Training.
3.5.3.By registering, the participant acknowledges and agrees to observe these restrictions and understands that any violation may result in immediate exclusion from the Training without refund and with full liability for any damages caused.
3.6.Additional Conditions
Further conditions of participation (e.g., type and scope of prior knowledge required, materials required, etc.) are specified in the respective Training description on the Swiss Urology Academy website. EMS shall not be liable for any damage resulting from participants’ failure to comply with these conditions.

4.Registration and Account Management
4.1.Booking a Training may require prior registration through the official Swiss Urology Academy website. Participants must provide accurate and complete mandatory information during registration, including a valid email address. The use of pseudonyms or incomplete data is not permitted. Participants must promptly notify EMS of any changes to their registration details.
4.2.After successful registration, participants will receive an email confirmation. If account activation is required, the email will include a verification link that must be clicked toactivate the account. If activation is not completed within the specified timeframe, the registration data may be deleted.
4.3.Any password or login credentials provided are intended exclusively for the registered participant and must be kept confidential. Sharing credentials with third parties is strictly prohibited. If a password is lost or there is suspicion of unauthorized access, participants must notify EMS immediately to info@swsissurologyacademy.com and change their password. EMS reserves the right to temporarily or permanently block the account to prevent misuse.

5.Cancellation or Postponement by EMS
EMS reserves the right to cancel or reschedule a Training in the following cases:

Illness or incapacity of trainers without possibility of replacement;
Failure to reach the minimum number of participants;
Technical failures at the Training location;
Force majeure or other events beyond EMS’s reasonable control (e.g., pandemics, strikes, natural disasters).
Participants will be informed by email as soon as cancellation or postponement is confirmed.
EMS cannot be held responsible for any costs related to travel or accommodation (including cancellation fees for transport or non‑refundable hotel bookings) resulting from a Training cancellation or rescheduling. Participants are strongly advised to book refundable travel and accommodation, or to ensure that their bookings include cancellation insurance.

6.Obligations of Participants
6.1.Participants must ensure that they meet all conditions of participation as stated in the Training description.
6.2.Participants are expected to arrive on time for the course. In the event of a gross, unexcused delay (more than 30 minutes), EMS reserves the right to refuse participation in the Training without refund.
6.3.Participants are responsible for bringing any additional required materials as indicated in the course information.

7.Obligations of EMS
7.1.EMS will make reasonable efforts to provide a qualified replacement trainer in the event of illness or unavailability of the scheduled trainer. EMS may assign replacement staff with the necessary qualifications without requiring participant consent.
7.2.EMS will ensure that course materials specified in the Training description are provided.

8.Data Protection and Right of Image
8.1.Data Protection

When registering for a Training, EMS collects and processes personal data to manage your registration and ensure follow-up. EMS may share your data with affiliated companies for organizational purposes related to the Training. Personal data will be retained only as long as necessary for the purpose of the Training and legal obligation. EMS will not send marketing communications unless you have explicitly opted in, i.e. by ticking the corresponding box. For any questions or to exercise your data protection rights (access, rectification, deletion, withdrawal of consent), please contact: dataprivacy@ems-ch.com. Processing is carried out in accordance with the Swiss Federal Act on Data Protection (FADP) and the EU General Data Protection Regulation (GDPR). Further details on how EMS handles personal data, including retention periods and participant rights, are set out in the EMS Privacy Policy available at: Privacy Policy | SUA
8.2.Photos and Videos for Promotional Purposes

During the Training, EMS may take photos or short video recordings for promotional purposes (e.g., websites, social media, flyers, newsletters), without payment or compensation. These may also be shared with EMS affiliates for the same purposes. By accepting these GTC, participants consent to this use. Consent can be withdrawn at any time with future effect by contacting EMS at the above email address.
8.3.Right of Information and Withdrawal
Processing of personal data, including photos and videos, is based on consent under applicable data protection laws (Swiss law and GDPR). Participants have the right to withdraw consent at any time without affecting prior lawful processing. Participants also have the right to request information about their stored data and to request correction or deletion.
8.4.Recordings for Training Access
EMS may record parts of the live surgery or clinical activities conducted during the Training when relevant for educational purposes, including the creation of clinical case studies. Such recordings may incidentally include participants (e.g., during discussions, observations, or interactions in the clinical environment). Case studies created from these recordings may be used by EMS for internal and external educational and promotional purposes. However, if a participant is identifiable in any material intended for external use, EMS will obtain separate explicit consent prior to any publication.
8.5.Images Taken by Other Participants
EMS is not liable for photos or videos taken and shared by other participants without EMS’s knowledge.

9.Warranty & Limitation of Liability
9.1.Warranty
EMS provides the Training with due care and in accordance with the current state of research and science. EMS guarantees the proper execution of the Training but does not guarantee any specific outcome. In particular, EMS does not warrant the participant’s success in any federal examination or other professional certification or assessment.
9.2.Liability
EMS excludes any liability for damages, including those caused by negligence, to the fullest extent permitted by applicable law. Liability cannot be excluded or limited in cases of injury to life, body, or health, or in cases of intent or gross misconduct. All other claims for damages are expressly excluded.

10.Intellectual Property Rights
10.1.All intellectual property rights arising from or in connection with the Training, including all associated training materials, remain the exclusive property of EMS or, where applicable, its subcontractor trainers.
10.2.Training materials are provided exclusively for the personal use of course participants for the purpose of continuing education. Any reproduction, distribution, public disclosure, modification, or other use beyond the contractual scope by participants without prior express consent from EMS (and, where applicable, the trainer) is prohibited.
10.3.Copyright notices on documents or other training content may not be removed or altered.

11.Confidentiality
Participants undertake to treat as confidential any patient-related information, or any sensitive information disclosed during the Training. Such information may not be shared with third parties unless required by law or expressly authorized by EMS.

12.Applicable Law and Place of Jurisdiction
12.1.Swiss law shall exclusively apply to the legal relationship between EMS and the participant. The application of the provisions of the United Nations Convention on Contracts for the International Sale of Goods (Vienna Convention 1980, CISG) and international private law is expressly excluded.
12.2.All disputes arising from these GTC or the underlying agreement, or in connection therewith, shall be subject to the exclusive jurisdiction of the competent courts of Nyon, Switzerland.
12.3.These GTC are published in various languages. In case of conflict between language versions, the English version shall prevail.

13.Miscellaneous
13.1.Severability
If any provision of these GTC is or becomes invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid provision shall be replaced by a valid provision that most closely reflects the original intent.
13.2.No Waiver
Failure by EMS to enforce any provision shall not constitute a waiver of that provision or any other rights.
13.3.Force Majeure
EMS shall not be liable for delays or non-performance caused by events beyond its reasonable control, including but not limited to natural disasters, strikes, pandemics, or governmental restrictions.
13.4.Electronic Acceptance
By ticking the box “I accept these GTC” or similar wording during the registration or booking process, the participant confirms that they have read, understood, and agreed to these General Terms and Conditions in full. This electronic confirmation is legally binding and has the same effect as a handwritten signature under applicable Swiss and European law. Participation in the Training is only possible after acceptance of these GTC.

E.M.S. Electro Medical Systems S.A.