This document sets out the terms and conditions (the “Terms”) between HeartGenetics, Genetics & Biotechnology, S.A., a Company incorporated and existing in Portugal with Company’s Identification number 510575994 its successors and permitted assigns (“HeartGenetics”) applying when You – whether an individual or corporation through a legal representative – (“You”) access, use or register in the Portuguese or English versions of the website http://www.heartgenetics.com (the “Website”) or subscribing/ordering any of the services or products made available therein, if any.
You must read these Terms carefully before You access, use and/or register an account in the Website and/or prior to ordering or subscribing any products or services made available at the Website. If You have any reservations, doubts, objections You should resume and exit from the Website. By accessing, registering and using the Website You are agreeing to these Terms.
HeartGenetics reserves the right to change these Terms at any time without prior notice. Any amended Terms will be integrated herein from time to time. Your continued access and use of the Website implies reinstatement of Your acceptance to the Terms as amended and in force from time to time.
Applicable from July, 18th, 2017.
The compilation of all content included in or made available through the Website, including layout, design, imaging and graphics, page headers, button icons, scripts, and product and service names included in or made available through the Website are either owned or used by HeartGenetics under license of one or more third party partners (“Licensors”) and may be subject and protected by local and international laws. All software used on the Website is the property of HeartGenetics or its Licensors and protected by local and international laws.
Your Limited License
Subject to Your compliance with these Terms in all material times HeartGenetics grants to You a limited license to access and use this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of HeartGenetics (the “License”).
You are also granted a limited, revocable, and nonexclusive right to create an hyperlink to the home page of the Website so long as the link does not portray HeartGenetics, or its products or services in a false, misleading, derogatory, or otherwise offensive or unlawful way. You may not use any Marks, intellectual property or trade secrets of HeartGenetics or its Licensors as part of the link without HeartGenetics’ express written consent.
You shall use the Website in a rightful manner and shall refrain from any usage that is or may be considered detrimental or harmful to HeartGenetics or its Licensors.
You undertake to comply with all Laws while accessing and using the Website and undertake not to use the Website to conduct illicit activities including but not limited to the illegal conduct of medical or laboratorial practice or the completion of medical acts in terms other than those imposed by Law.
Without limitation, You shall NOT:
- Use the Website or parts thereof to conduct an illicit activity (even if only by negligence or lack of a reasonable degree of care);
- copy, reproduce, duplicate, share, mime or mirror the Website by any means including on another webpage or server;
- download, copy, use, remove, deface or by any means make use of the Marks, copyright notices, disclaimers or other information displayed;
- use the Website on public display in a non-domestic context whether profit-oriented or not and You shall not sell, resell, lease, rent, or otherwise exploit the Website, the Marks, the Content or any parts thereof;
- upload or transmit through the Website computer viruses, macro viruses, trojan horses, worms, spyware or the like;
- impair or prejudice the effectiveness or functionality of the Website or cause it to be interrupted, damaged, low performant or traffic-jammed;
- Alter or modify any part of the Website other than as may be reasonably necessary to use the Website for User’s legitimate use in accordance to the Terms;
- use the Website to try and uncover or by any other possible means gain access to HeartGenetics’ trade secrets or confidential information.
Without limitation You must not use the Content:
- to generate another content – regardless the resemblance or similarity level of the new content whilst compared to the Content;
- to infringe rights vesting on or inherent to Content;
- to data spy, identify, profile or track Website’s activity and that of its visitors regardless of the purposes of such activities;
- to use or share Content in connection with any business or professional activity (whether profit or pro bono) brands, products or services (whether priced or free), ideas, beliefs, causes or thinking models of Your own or any third parties unless HeartGenetics authorizes You to do so in writing.
FOR THE SAKE OF CLARITY:
Your License does not include any right to distribute, market, sell, resell, lease or make any other commercial use of HeartGenetics’ products or services; any derivative use of Website or its contents; any use of data mining, robots, or similar data gathering and extraction tools.
You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of HeartGenetics without HeartGenetics’ advanced express written consent.
You may not use any meta tags or any other ‘hidden text’ utilizing HeartGenetics’ names or Marks without HeartGenetics’ advanced express written consent.
HeartGenetics reserves the right to monitor Your usage of the Website to verify and enforce compliance with the License by You.
The License and rights herein are granted or conveyed on “as is” and “as available” basis without representations or warranties of any kind and may be terminated at any time by HeartGenetics without further notice or remedies available to You in respect thereof. License termination notice may be displayed in a visible area of the Website or may be sent to You to the e-mail address registered at HeartGenetics. Upon License termination You shall destroy and erase all Content regardless of the media in which such Content was recorded (v.g. paper printed, digital media).
You shall indemnify, defend and hold HeartGenetics harmless from any consequences arising from the breach by You of the herein Terms.
Website’ available products and Services are for professional use only. As a pre-condition to actually subscribe/purchase services or products made available at the Website You will be asked to register an account at the Website. You will be asked to fill in a Registration Form available at the Website in which the mandatory fields of Your name, username, email, intended password, name of Your organization, country of Your organization, Professional license number and telephone will have to be provided by You as a condition for Your registration to be processed and accepted offline by the backend of HeartGenetics.
NO AUTOMATIC REGISTRATION IS AVAILABLE AT THE WEBSITE.
HeartGenetics will process Your Registration Form assuming in good faith that INFORMATION THAT YOU PROVIDE IS TRUE, ACCURATE, COMPLETE, AND CURRENT AT ALL TIMES. YOU MUST NOT USE INFORMATION OF ANOTHER PERSON OR ENTITY OR IMPERSONATE ANOTHER PERSON OR ENTITY to proceed with Your Registration Form and request Your Registration at the Website. You may only USE INFORMATION THAT IS LAWFULLY AVAILABLE TO YOU FOR YOUR USE. Without prejudice for any and all other remedies available in Law, breach by You of any of the foregoing may result in You and Your organization being banned from the Website or Your access being delayed or denied at no further remedy to You.
Website, Content and any products or services available at the Website are not intended for under aged or legally unable users (“Minors”). Website, Content and any products or services (if any) are directed to legally able and of age professional users. Minors may be admitted to the Website only when supervised by a parent or legal guardian and solely as Website visitors. Any interaction of a Minor with the Website shall be regarded by HeartGenetics as supervised activity and interaction of a Minor.
Parents and Legal Guardians shall remain fully liable at all times for the Minor’s online conduct and/or any consequences from unsupervised internet activity of the Minor.
Your Account Credentials
When You submit Your Registration Form to HeartGenetics backend HeartGenetics backend will process Your information and will provide You with a User ID (“Username”) and a password to login and navigate the Website (“Credentials”).
You will keep Your Account Credentials in strict secrecy and You will not show, entrust, deposit or share them with any third parties. You are fully accountable and responsible for restricting access to any devices or media in which Credentials are recorded, stored or maintained. You agree to accept responsibility for all activities that occur under Your account including any and all use made of the Credentials. You shall maintain adequate levels of security and protection of Credentials and You agree to inform HeartGenetics in case they are stolen, copied or abusively used by anyone. On such cases You will refrain from continuing use of Credentials. HeartGenetics may effort to reinstate security of Your Credentials, opt to provide You with different ones or remove You from the Website as a registered user at no further remedy to You.
HeartGenetics does not verify or validate the legal existence and good standing of legal entities nor does it check representation rights of anyone claiming to be a legal representative.
Corporate Users shall adopt organizational measures and adopt adequate controls to supervise internet activity in their own name (if any). Corporate Users shall remain fully liable for the consequences of their wrongful representation by anyone in the Website or otherwise.
In addition to the foregoing, products and services made available at the Website may be procured only by You as a Professional if:
You as an individual are licensed for medical or laboratorial practice by an accredited public or private university and You are admitted as a Professional in the country You indicate in the Registration Form;
- For the avoidance of doubt; a Portuguese Medic registering as such with a professional address in Germany must be admitted to practice in Germany where practice is being declared to be conducted. or;
- You as a corporation are licensed as a medical or laboratorial center, hospital or clinic according to the laws applying and governing such practice in Your place of incorporation and legal existence. For the avoidance of doubt; a Laboratory incorporated and existing in Portugal must be admitted to genetic laboratorial practice at least in Portugal regardless of any further sites where it may conduct its activity.
HeartGenetics reserves the right to prosecute anyone and any entity misrepresenting, misleading or making false, deceptive or abusive declarations in respect of his/her/its qualifications, accreditation, licensing or admittance to practice as a Professional.
HeartGenetics’s Intellectual and Industrial Property
The Website may contain posts, news, informative documents, explanations, advisory boards and maps, photographs, videos, music or any other possible content to interact with You (“Content”). All rights vesting in, in connection with and/or in respect of Content are reserved to HeartGenetics and its Licensors.
The original tradename and logo as shown
The designations HEARTDECODE®|2016, DNArterial®|2016, TromboGene Kit|2016, LipoGene Kit|2016, Warfarin PGX Kit|2016, Clopidogrel PGX Kit|2016, and Simvastatin PGX Kit|2016 are trademarks owned and/or licensed by/to HeartGenetics protected under one or more laws being either owned and/or used under license by HeartGenetics (the “Marks”).
Marks must not be used by You unless HeartGenetics authorizes You in writing beforehand. Marks must not be used in connection with any product or service that is not HeartGenetics, in any manner that is likely to cause confusion among users, or in any manner including without limitation one that may disparage or discredit HeartGenetics, its products or services or those of its Licensors and partners.
All rights in relation to Content and the Marks are reserved to HeartGenetics and/or their Licensors and Partners.
Except as provided for herein nothing in these Terms shall be read or interpreted so as to convey to You or any third parties any rights of ownership in respect of or related to the Content or the Marks nor any right or license is granted to You by any means to use the Content or the Marks.
All other trademarks not owned by HeartGenetics that may appear in the Website from time to time are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by HeartGenetics.
HeartGenetics takes intellectual property of others seriously. If You believe that You or Your protected work was copied in a way that constitutes copyright infringement, please let us know at email@example.com.
Website may contain features or functionalities permitting You to post reviews, comments, photos, videos and/or content; send e-cards and/or other communications; present suggestions, ideas, pose questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of the rights of HeartGenetics or any third Parties (including publicity or intellectual property rights), or otherwise injurious or objectionable, and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages (“Your Content”). You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any content including Your Content.
If You do post any content including Your Content and unless HeartGenetics indicates You otherwise, You grant to HeartGenetics a nonexclusive, perpetual, worldwide, royalty-free, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display Your Content or parts thereof throughout the world in any media.
You represent and warrant that all content uploaded by You including Your Content is either owned, licensed or otherwise controlled by You; is accurate; that Your use of the same does not violate the rights of third parties, these Terms, the terms of the Law and therefore will not cause or co-cause or (indirectly) contribute for a damage or loss to any property or infringement of any rights of any person or entity; and You will fully defend and fully indemnify HeartGenetics for a breach by You of any of the foregoing and any consequences arising therefrom without limitation.
HeartGenetics has the right but not the obligation to monitor and edit or remove any content including Your Content and does not regularly review any posted content by You or any other users.
HeartGenetics takes no responsibility and assumes no liability for content other than that uploaded by HeartGenetics.
Your use of any content including Your Content shall be consistent and not in conflict with the Terms and the Law.
Participation in Forae or Discussion Groups
Please bear in mind that information You divulge in any online forum or discussion group, whether on the Website or elsewhere is available to anyone managing and/or participating in or observing the forum or discussion group. HeartGenetics has no technical, organizational or procedural means to prevent or avoid this.
DO NOT PROVIDE CONFIDENTIAL INFORMATION OR ANY OTHER PERSONAL INFORMATION THAT YOU WOULD NOT WANT TO BECOME OUT OF YOUR CONTROL AND IN THE PUBLIC KNOWLEDGE IN ANY FORUM OR DISCUSSION GROUPS.
HeartGenetics may on its own insert and/or manage advertisement adds in the Website at any time and at its discretion.
The advertising at the Website may not be suitable for all ages and therefore Your viewer discretion is advised.
You will be able to ignore any advertisement adds in certain cases as the same show at the Website and in some other cases after the elapsing of some viewing time. Your viewer discretion is advised.
Links to other websites
HeartGenetics does not warrant the services or products of any third-party businesses other than HeartGenetics.
HeartGenetics is not responsible for examining or evaluating businesses nor to verify their conformity or levels of compliance with any Laws.
HeartGenetics is not responsible for the availability of third-party websites or resources and does not endorse and is not responsible or liable for any content, advertising, or other materials on or available from such websites or resources.
Products and Services. Specific Terms and Conditions
The Website may provide a portfolio of B2B services and products available for purchase on a subscription fee and/or fixed price basis by Professionals.
HeartGenetics attempts to be as accurate as possible in all material times as to the correct description of services or products offered to You. HeartGenetics does not warrant however that descriptions of services or other Content are self-explanatory, exhaustive, comprehensive, fully reliable, or error-free.
The services will be provided and products shipped contingent on full payment of corresponding fees and prices as applicable.
For full Terms and conditions of purchase/subscription of any products or services please revert to Your reserved area of the Website once You as a registered Professional login with Your Credentials.
Website may possibly provide Website space for businesses other than HeartGenetics – retailers, distributors, manufacturers, fabricants or any other businesses operating related product lines or services – (“Retailers”) to show and market their product or services through Website’s Online Shop.
HEARTGENETICS IS NOT IN CONTROL OF TERMS AND CONDITIONS OF PRE-SALE, SALE OR POST SALE BY ANY Retailers.
Website’s Online Shop (if/where existent) shall merely operate as a front window to third-party product lines or services of such Retailers and not HeartGenetics’s.
When You purchase something from a Retailer at the Online Shop You will be redirected from the Website into the Retailer’s website. Prior to completing an online transaction with any Retailer You should carefully review the terms and conditions of sale, privacy statements, warranty policies and/or any others terms applying to Your transaction with such Retailer.
All transactions through the Website’s Online Shop shall be solely and exclusively completed by and between You and the Retailer and the terms and conditions applicable to Your sale shall be those agreed to by and between You and the Retailer.
Warranty Disclaimer and Limitation of Liability
UNLESS OTHERWISE STATED IN THE SPECIFIC TERMS AND CONDITONS OF SALE AVAILABLE AT YOUR RESERVED AREA IN THE WEBSITE, CONTENT, PRODUCTS AND/OR SERVICES ARE PROVIDED BY HEARTGENETICS ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS.
TO THE FULL EXTENT ADMISSIBLE IN LAW, HEARTGENETICS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, CORRECTNESS, ACCURACY, RELIABILITY, QUANTITY, QUALITY, AVAILABILITY, PERFORMANCE AND/OR UNITERRUPTED OR ERROR-FREE ACCESS OR USABILITY, UNINTERRUPTED CONTINUED AND/OR PERFORMANT OPERATION OF ANY OF THE WEBSITE, CONTENT, PRODUCTS OR SERVICES MADE AVAILABLE TO OR DELIVERED/SUPPLIED BY HEARTGENETICS.
YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE AND CONTENT THEREIN IS AT YOUR OWN DISCRETION AND SOLE RISK.
HEARTGENETICS RESERVES THE RIGHT TO WITHDRAW OR DELETE ANY PRODUCT, SERVICE OR CONTENT FROM THE WEBSITE AT ANY TIME IN ITS SOLE DISCRETION.
HEARTGENETICS DOES NOT WARRANT THAT WEBSITE WILL RUN UNINTERRUPTEDLY OR ERROR-FREE NOR THAT WEBISTE, SERVERS, OR E-MAIL OR OTHER NOTIFICATIONS SENT FROM HEARTGENETICS ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
HEARTGENETICS WILL NOT BE LIABLE FOR ANY DAMAGES HOWSOEVER ARISING AS A RESULT FROM THE USE OF THIS WEBSITE INCLUDING WITHOUT LIMITATION ANY DIRECT OR INDIRECT LOSS OR DAMAGE OR DAMAGES TOO REMOTE SUCH AS INCIDENTAL, PUNITIVE, AND/OR COLLATERAL OR CONSEQUENTIAL.
WHERE A LAW MANDATES THAT LIMITATION MAY NOT BE LIMITED OR EXCLUDED BY HEARTGENETICS THE HEREIN LIMITATIONS AND EXCLUSIONS SHALL BE CONSTRUED AND INTERPRETED TO THE MAXIMUM EXTENT PERMITTING HEARTGENETICS TO LAWFULLY LIMIT OR EXCLUDE ITS LIABILITY.
You agree to defend, indemnify and hold HeartGenetics, its affiliates and their respective directors, officers, employees and agents harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Website, the Services or Products acquired/subscribed from HeartGenetics, Your use of the Content, the Marks, or any of the Website areas such as without limitation the usage You may make of the Website’s Online Shop, any consequences arising from the violation by You of these Terms amounting to violation of the rights of any other person or entity. HeartGenetics reserves the right, at its own expense, to assume the exclusive defense and control of any matter or claim by a third party for which You may have to indemnify HeartGenetics for hereunder and You agree to fully cooperate with such defense and fully indemnify HeartGenetics in respect thereof without limitation.
These Terms were drafted and shall be construed and interpreted in accordance to the laws of Portugal.
Any claims arising from or in connection with these Terms shall be exclusively submitted and resolved by the Civil Courts (Comarca) of Coimbra (Portugal). You and HeartGenetics expressly agree to the aforementioned disputes resolution clause upon waiver by You and HeartGenetics of any other forae or disputes resolution form such as mediation or arbitration.
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