TERMS AND CONDITIONS
By clicking on "I agree to the Terms and Conditions", you accept the contract below as well as the clauses that make it up, such acceptance being essential for knowledge of the specific rules that will govern the contracted event.
By this private instrument for the provision of services, on the one hand, the CONTRACTED PARTY Medical Discovery Treinamentos & Desenvolvimento LTDA, a company governed by private law, registered with the CNPJ under number 38.028.694/0001-48, with its registered office at Alameda dos Maracatins, 780 - Conjunto 2101 - Moema - São Paulo - SP, and on the other hand, the CONTRACTING PARTY, a doctor who is registering online, according to the synoptic table completed under the responsibility of the contracting party and which will form part of this instrument for its legal qualification, and conclusion of this instrument.
1. THE OBJECT
1.1 The object of this contract is the CONTRACTOR's participation in the MEDICAL DISCOVERY EXPERIENCE - MDEX, 2024 edition, which aims to promote an annual scientific meeting of medical professionals on advances in aesthetic procedures. The event will take place on October 24 and 25, 2024, at the Bienal Pavilion, in the city of São Paulo.
1.2 The CONTRACTED PARTY reserves the right to change the date of the event for just cause, duly substantiated, by means of communication by e-mail or WhatsApp.
1.3 The services will be provided in accordance with the work plan developed by the CONTRACTED PARTY and will have their scientific and academic content managed by the speaker, who will be responsible for their presentation. Therefore, the CONTRACTED PARTY is not responsible for the content presented by the speaker.
1.4 Only medical professionals duly registered with the Regional Council of Medicine may take part in the event, upon prior proof of active registration with the professional body.
2. PAYMENT FOR THE EVENT
2.1. The cost of the event is paid in full at the time of registration, according to the batch chosen in the online registration annex, and in the amount stipulated therein according to the registration date and schedule of the batches made available.
2.1.1 Payment will be made through the intermediary of the PAGSEGURO platform. Any issues relating to the approval of payment should be directed to the Platform, since the CONTRACTED PARTY is an independent party and does not become a guarantor or intervener in this relationship.
2.2. The price hereby adjusted includes any and all taxes, duties, fees, contributions, levied or that may be levied on the activities, revenues, costs and any events, directly or indirectly arising from this contract;
2.3 Once payment has been confirmed and the appropriate documentation has been sent to prove the essential requirements for enrollment and the corresponding invoice has been issued, confirmation of the student's enrollment will be sent by digital means;
2.4 The invoice for the payments made herein will be sent to the CONTRACTING PARTY by digital means by 31/10/2024.
3. DEADLINE
3.1. This contract will remain in force until the end date of the event, and may be extended in the event of postponement.
4. THE SPEAKER
4.1. The Event will have a team of speakers chosen and coordinated under the supervision of Dr. Luiz Tonon, who may change up to the date of the event, and this instrument is not limited to the names presented in the prior disclosure;
4.2. The SPEAKERS will have a reserved seat in the plenary session, which cannot be occupied by any CONTRACTOR;
4.3 The CONTRACTED PARTY is not responsible, under any circumstances, for the scientific and academic content presented by each speaker;
4.4 The CONTRACTED PARTY reserves the right to alter the event schedule according to the availability of the SPEAKERS and to ensure the smooth running of the day's presentations, all in accordance with the management criteria of the administrative manager.
5. THE CONTRACTOR'S OBLIGATIONS
5.1. The CONTRACTOR is fully aware that the condition for participation in the contracted event is its registration with the CONTRACTED PARTY's system, upon prior proof of the CONTRACTOR's active registration with the Regional Council of Medicine;
5.2 The CONTRACTOR undertakes to comply with all federal, state and municipal laws, decrees and regulations relating to this contract, and shall be solely and exclusively responsible for any and all infractions it may commit;
5.3 It is the CONTRACTING student's duty to respect the health and safety rules of the event space, and will be held civilly and criminally liable for any breach;
5.4 The CONTRACTING PARTY declares that they are fully aware that the venue will respect the rules for protection against the spread of COVID-19;
5.5 The CONTRACTOR must comply with the event schedule, respecting the accreditation, start and end times of each lecture, so that the CONTRACTED PARTY will not be liable for any losses or damages caused by the event.
5.6. Personal belongings and items must accompany the CONTRACTOR throughout the event, being exclusively under their custody and responsibility. The CONTRACTED PARTY will not be held responsible for objects lost or left at the venue;
5.7 No criticism of the content of the event may be disseminated;
5.8 No images containing the scientific content presented by the speakers may be shown, nor may any mention be made of the practical cases presented or the patients involved;
5.9 Respecting the confidentiality of the material dealt with at the event, with absolute secrecy about the patients and classes made available, prohibiting disclosure and reproduction, by any means whatsoever; thus obliging itself to maintain the most complete and absolute secrecy, not being able, under any pretext, to disclose, reveal, reproduce or make them known to third parties, being responsible, in the event of non-compliance with the obligation assumed, for any losses and damages and subject to legal comminations;
5.10. The CONTRACTING PARTY shall inform the CONTRACTED PARTY, within 10 days prior to the event, of any dietary restrictions that must be observed on the date of the course.
6. THE CONTRACTOR'S OBLIGATIONS
6.1 The CONTRACTED PARTY undertakes to supply all the materials and instruments necessary for the execution of the object of this Contract;
6.2 The CONTRACTED PARTY undertakes to present in the academic framework of the event varied content, within the scope of the object of study in question, presented by different professionals chosen by the organizers, in the form of lectures;
7. ISSUING A CERTIFICATE OF PARTICIPATION IN THE EVENT
7.1 For reasons of administration, management and logistics, a certificate of participation in the event will not be made available on the date of the event, but may be requested by the interested party who attends the event and remains there, by e-mail (info@medicaldiscovery.com.br);
8. STRUCTURE OF THE EVENT
8.1. The THREAD EXPERIENCE Event, conceived by Dr. Luiz Tonon, will be held on October 24 and 25, 2024, at the Bienal Pavilion, in the city of São Paulo.
8.2 The event will feature 60 (sixty) speakers who will present selected content on the theme. The content and speakers presented may be altered up to the date of the Event to suit the schedule and the interest of the public;
8.3 The CONTRACTED PARTY does not provide valet services, transportation, airfare, lodging or meals outside those provided for the event, these items being the sole responsibility of the CONTRACTING PARTY;
8.4 The temperature of the air-conditioning units will respect the rules for holding events, as laid down by the Brazilian Association of Technical Standards, and cannot be altered according to the personal interests of the participants;
8.5 The infrastructure of the venue must be preserved by the participants, with social rules of good coexistence, and users will be liable for any damage caused to the venue and/or third parties involved;
8.6 The lecture auditorium will have non-demarcated seats, which is why it will be up to each participant to choose the place that best suits their interests, respecting the others previously delimited by its users.
9. INTELLECTUAL PROPERTY AND CONFIDENTIALITY
9.1 This Contract does not authorize the CONTRACTING PARTY to exploit the concepts, methodology, expertise and practices presented by the CONTRACTED PARTY and the respective speaker and which may be understood as its intellectual property (intangible assets of its ownership, i.e. its competitive differentials based on its own knowledge and creations), without express consent, under penalty of incurring the precepts of article 195, item VII of Law 9.279/1996;
9.2 No right or intellectual property, in the broadest and unrestricted sense, including but not limited to any copyright creations and trademark processes, disclosed and mentioned by the CONTRACTOR in the conduct of the Workshop shall be construed as a transfer or license or give the right or expectation of right of use by the CONTRACTOR upon the execution of this Agreement, unless otherwise agreed in writing between the Parties, and signed manually.
9.3 Any new creations resulting from the activities provided for in this contract, as well as the results of scientific or literary work or the creation of the spirit expressed in art. 7 of Law no. 9,610/98 shall belong to the CONTRACTED PARTY, which may use it in its teaching and research activities and in the provision of consultancy and advisory services.
10. DATA PROTECTION
10.1 By signing this agreement, the DATA SUBJECT consents and agrees that MEDICAL DISCOVERY TREINAMENTOS & DESENVOLVIMENTO LTDA may make decisions regarding the processing of his/her personal data, as well as carry out the processing of his/her personal data, involving operations such as those relating to the collection, production, receipt and processing of personal data.
10.2 Personal Data: (i) personal data provided at registration and during participation in the Event; (ii) specific username and password for use of the CONTROLLER's services; (iii) Image/Voice of the OWNER in the context of the Event.
10.3 The Purposes of Data Processing are: (i) To enable the CONTROLLER to identify and contact the OWNER for relationship purposes; (ii) To fulfill the obligations assumed for the Event; (iii) To fulfill obligations arising from legislation.
10.4 The CONTROLLER is authorized to share the HOLDER's personal data with other data processing agents, if necessary for the purposes listed in this term, subject to the principles and guarantees established by Law No. 13,709.
10.5 The CONTROLLER is responsible for maintaining technical and administrative security measures to protect personal data from unauthorized access and accidental or unlawful destruction, loss, alteration, communication or any form of inappropriate or unlawful processing. In accordance with art. 48 of Law no. 13.709, the CONTROLLER will notify the HOLDER and the National Data Protection Authority (ANPD) of the occurrence of a security incident that may cause significant risk or damage to the HOLDER.
10.6 The CONTROLLER may keep and process the HOLDER's personal data for as long as it is pertinent to achieving the purposes listed in this term. Anonymized personal data, with no possibility of association with the individual, may be kept for an indefinite period. The HOLDER may request via email or correspondence to the CONTROLLER, at any time, that the HOLDER's non-anonymized personal data be deleted. The HOLDER is aware that it may not be possible for the CONTROLLER to continue supplying products or services to the HOLDER once the personal data has been deleted.
10.7 The HOLDER has the right to obtain from the CONTROLLER, in relation to the data processed by it, at any time and upon request: I - confirmation of the existence of processing; II - access to the data; III - correction of incomplete, inaccurate or outdated data; IV - anonymization, blocking or deletion of unnecessary, excessive data or data processed in breach of the provisions of Law no. 13. 709; V - portability of data to another service or product provider, upon express request and observing commercial and industrial secrets, in accordance with the regulations of the controlling body; V - portability of data to another service or product provider, upon express request, in accordance with the regulations of the national authority, observing commercial and industrial secrets; VI - deletion of personal data processed with the consent of the HOLDER, except in the cases provided for in art. VII - information on the public and private entities with which the CONTROLLER has shared data; VIII - information on the possibility of not providing consent and the consequences of refusing to do so; IX - revocation of consent, under the terms of § 5 of art. 8 of Law No. 13.709.
10.8 This consent may be revoked by the HOLDER at any time, upon request via e-mail or correspondence to the CONTROLLER.
11. USE OF IMAGE
11.1 The CONTRACTOR, for an indefinite period and free of charge, authorizes the capture and use of his/her image, name and voice by means of filming, sound recordings and photographs, obtained in the context of his/her participation in the Event, by the CONTRACTED PARTY, for the purpose of publicizing the Event.
11.2 This authorization granted by the CONTRACTOR allows the content to be used by the CONTRACTED PARTY, partners and/or sponsors, speakers, in printed and/or electronic publications, including the possibility of use on social networks (Instagram, Facebook, Youtube and LinkedIn), bulletins, newsletters, among others, always for the purpose of publicizing the Event.
11.3 The CONTRACTING PARTY is aware that it does not acquire, by participating in the Event which is the object of this authorization, any Intellectual Property rights or other rights over this content.
11.4 The CONTRACTOR may, at any time, request that the use of the material containing their image, voice and name be ceased by the CONTRACTED PARTY, by means of a written request to this effect.
12. TERMINATION AND FINE
12.1 After entering into this agreement, the CONTRACTING PARTY shall have the option of canceling the terms agreed herein, and shall notify the CONTRACTING PARTY in writing and in accordance with the rules set out below:
12.1.1 If the CONTRACTING PARTY withdraws within 7 (seven) days prior to the event, it will receive 25% (twenty-five percent) of the amount paid, irrevocably, within 90 days of the event taking place.
12.2 In the event of unforeseeable circumstances or force majeure preventing the CONTRACTED PARTY from fulfilling this Contract on the date previously agreed, it is hereby established that the CONTRACTED PARTY shall not be obliged to refund any amounts already paid by the CONTRACTING PARTY, and shall undertake to reschedule the event, making a date available in accordance with the viability of the suppliers and the venue of the contracted event, which must be within the following year;
12.2.1 In the event of the event being rescheduled, the CONTRACTING PARTY may, at no cost, transfer its contracted place to a doctor duly registered with the CRM and who meets the essential requirements for the contract, subject to the approval of the CONTRACTING PARTY;
12.2.2 In the event provided for in item 12.3, if the CONTRACTING PARTY wishes to cancel its participation without transferring the vacancy, it may request its cancellation in writing, in which case it will be entitled to a refund of the contracted amount with retention of the administration fee equivalent to 30% of the economic value provided for in the table attached to this instrument.
Sole paragraph: The percentage listed above must be calculated on the basis of the total value of the contract, according to the contract term and the corresponding lot.
13. TERMS AND CONDITIONS AGREED
13.1 The Parties agree that the collection of all penalties established in this Contract will be carried out by means of simple written communication, with no need for notification for the constitution of the other Party in default, under the terms of Article 397 of the Civil Code;
13.2 Any and all toleration of non-compliance or irregular compliance with the obligations set out in this Contract by either Party shall not constitute novation or alteration of the provisions herein agreed, but merely liberality, and this Contract shall only be altered or extended by means of a contractual amendment. Likewise, the nullity or annulment of any clause of this Contract shall not imply the nullity or annulment of the other clauses, which shall remain in force and applicable;
13.3 The parties shall have the right to sue to enforce the obligations arising from this contract, with this instrument serving as an EXECUTIVE EXRAJUDICIAL TITLE;
13.4 Documents, duly initialed by the Parties, may be listed in an Annex and shall form an integral and inseparable part of this CONTRACT, and in the event of any contradiction, the provisions of this Instrument shall prevail over any other;
13.5 This Contract represents the entire understanding between the Parties and is entered into on an irreversible and irrevocable basis, binding the Parties by themselves, their heirs and/or successors, and may not be altered, modified, changed, except by a new written instrument signed by both Parties;
13.6 By clicking on "I agree to the Terms and Conditions", you accept the contract below as well as the clauses that make it up, declaring full knowledge and understanding of what has been agreed here;
13.7 By this private instrument for the provision of services, on the one hand, the CONTRACTED PARTY Medical Discovery Treinamentos & Desenvolvimento LTDA, with head office at Alameda dos Maracatins, 780 - Conjunto 2101 - Moema - São Paulo - SP, registered with the CNPJ under number 38.028.694/0001-48, and on the other hand, the CONTRACTING PARTY, the medical professional who is carrying out your online registration.
14. FORUM
14.1 The parties elect the Central Court of the District of São Paulo as the only court competent to settle any disputes arising from this Contract, to the exclusion of any other, however privileged.