1. Introduction and company’s details
These are the Terms of Use of the website located at www.araclon.com (the “Site“), operated by Araclon Biotech S.L., a Spanish company with registered offices at Vía Hispanidad, 21, 50009 – Zaragoza (Spain), holder of tax ID number B-50998707 and registered with the Commercial Registry of Zaragoza, folio 173, volume 3030, sheet nº Z-35111 (“Araclon“).
To contact Araclon in a direct and effective manner, users can write to the e-mail address info@araclon.com or they can call to +34 976 796 562.
2. Object and scope of application
These Terms of Use regulate access and use to the contents and services offered by Araclon through the Site, which could be intended only for healthcare professionals. At any time, Araclon reserves the right to modify the presentation, configuration and content of the Site, as well as the conditions to access and use. Access and use of the Site once its contents and/or its Terms of Use are modified and come into force, entail users’ acceptance to the modified Site and Terms of Use.
By accessing, browsing and using the Site, the user of the Site (the “User“) accepts these Terms of Use. The User declares and warrants that it shall only access those sections and/or request those services intended for healthcare professionals when it holds such condition.
Access to the Site is free of charge, except for the connection costs of the telecommunications network offered by the internet provider contracted by the User.
3. User obligations
The User undertakes to:
· Accept and comply with the provisions of these Terms of Use and any document related with the requested genetic testing services.
· Not use the Site contents in any manner that may contravene the provisions of these Terms of Use, any other legal texts that regulate the use of the Site or the applicable legislation.
· Use the available contents, materials and information for internal, professional and personal use, and not for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
· Not use the available contents, materials and information for decision-making.
· Neither alter nor manipulate the contents of the Site.
· Neither store nor communicate through the Site illegal contents or contrary to the applicable legislation, moral or public order, as well as defamatory, aggressive, obscene, explicitly sexual, offensive, violent or encouraging violence, racism or xenophobia or, in general, illegal or harmful for third party rights and/or physical and/or moral integrity.
· Not divulge other Users’ or third parties’ personal data without their prior express authorization or without any other legal justification.
· Not defame, abuse, disturb, harass or infringe in any other manner Users’ or third parties’ rights.
· Not eliminate or attempt to eliminate any security measures adopted in the Site.
· Comply with the current legislation.
4. Intellectual and industrial property rights
Araclon is the owner or has obtained the corresponding license of any exploitation intellectual and industrial property rights over the Site, as well as any intellectual and industrial property rights over the arrangement of the Site contents (sui generis right for the protection of databases), the graphic design (look & feel), the underlying software (including source code), as well as any elements integrating the Site (texts, graphics, photographs, videos, audio recordings, etc.), and any software related to the Site.
In no event, accessing, exploring, using, storing and/or downloading contents, materials and information of the Site will be understood as a waiver or transfer (neither total nor partial) of any of the aforementioned rights by Araclon or the relevant owner of the corresponding rights. The User is entitled to utilize the intellectual and industrial property rights with the sole purpose of accessing the contents and using the services offered through the Site.
Consequently, it is not allowed to eliminate, suppress or manipulate author copyright notices and any other identification details of Araclon’s rights or of the corresponding content owners, as well as any technical protection devices or any information and/or identification mechanisms contained therein.
In particular, it is strictly forbidden to use the Site’s content for its inclusion, partially or totally, in any other websites without Araclon’s prior and written authorization and to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying software of the Site, unless prior and written authorization of Araclon or otherwise permitted by applicable law.
References to registered or non-registered trade names, trademarks, logos and other distinctive signs, either owned by Araclon or by any other third parties, must not be used without the prior consent of Araclon or its owners. In no event, although otherwise expressly stated, access or use of the Site and/or of its contents and services grants Users any rights over the trademarks, logos and distinctive signs protected by law.
Intellectual and industrial property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any form, either totally or partially, the contents included in the Site for public or commercial purposes without the prior written and express authorization of Araclon or of the owner of such rights.
Users will maintain Araclon and its licensors harmless from any third party actions claiming that their intellectual and/or industrial property rights have been infringed by the use of these by the Users.
5. Responsability
Araclon cannot guarantee the reliability, utility or truthfulness of the information offered through the Site. Any information accessed through the Site shall not be regarded by Users as medical advice or as promoting Araclon’s products.
Araclon does not guarantee and is not responsible for: (i) the continuation of the Site contents and services; (ii) the absence of errors in such contents and services; (iii) the absence of viruses and/or harmful components in the Site or in its server; (iv) the lack of security of the Site and/or the strength of the security measures adopted in the Site; (v) the lack of utility or performance of the Site contents and services, and (vi) the damages caused, to itself or to any third party, by any person who infringes the conditions, rules and instructions of Araclon established on the Site or due to the violation of the security systems.
Notwithstanding the aforementioned, Araclon declares that it has adopted the required measures, within its possibilities and the state of technology, to guarantee the operation of the Site and prevent the existence and transmission of viruses and any other harmful components.
If illicit, illegal, contrary to laws or other content infringing intellectual and/or industrial property rights come to the knowledge of Users, the User shall immediately notify Araclon so that it can proceed to the adoption of the corresponding measures.
6. Content
The materials, content and other information of the Site is exclusively for informational purposes and they prove insufficient for decision-making by the User.
Some sections of the Site may be intended only for healthcare professionals of a certain country. As such, if you access such sections, you must be a healthcare professional in your country of residence.
The materials, content and other information of the Site should not under any circumstance be interpreted as promotion or recommendation of any Araclon’s product.
The Site may contain information regarding medical and healthcare matters. The information herein provided is not in any way intended to substitute medical or healthcare professional advice.
7. Policy on links
7.1 Links to third party websites
In order to help Users to find information about other products or services of their interest, the Site may offer links to other websites through different buttons, links, banners, etc., which are managed by third parties. Araclon does neither have the faculty nor the human and technical means to know, control and approve the information, contents, products or services offered through other websites which are linked from the Site.
Consequently, Araclon is not responsible for any aspects related to the websites which are linked from the Site, in particular, including but not limited to, regarding its functioning, access, data, information, files, quality and reliability of the products and services the links and/or any other contents generally offered through the websites which are linked from the Site.
In this sense, if Users have effective knowledge of the illegal character of the activities carried out through these third party websites, they shall immediately notify Araclon so that it proceeds to disable the link that permits access to said websites.
The establishment of links from the Site to websites belonging to third parties does not imply the existence of any kind of relationship, collaboration or reliance between Araclon and the responsible person of the third party website.
7.2 Site links in third party websites
If any User, entity or website wishes to include any kind of link to the Site it must comply with the following:
· The link must be absolute and complete, meaning that it must redirect the user by means of a sole click to the URL of the Site to which it refers and the homepage has to be shown fully on the screen. In no event, unless expressly authorized in writing by Araclon, the website in which the link is included shall reproduce the Site in any manner or include it as a part of its website or within one of its “frames” or create a “browser” on any of the Site’s pages.
· Unless otherwise expressly authorized in writing by Araclon, no declaration shall be made in the website where the Site’s link is made regarding Araclon’s authorization to include such link. If the third party who links to the Site wants to include in its website the trademark, name, trade name, sign, logo, slogan or any other element identifying Araclon and/or the Site, it shall obtain Araclon’s prior written authorization.
· Araclon does not allow links to the Site from websites containing material, information or content which is illicit, illegal, degrading and obscene or, in general, which contravenes moral, public order or generally accepted social standards.
8. Unsolicited commercial email (SPAM)
Araclon prohibits the use of the Site to generate or send unsolicited commercial email. If Araclon considers that certain information may be of interest to the User, it reserves the right to provide this information to it by e-mail, provided it has a legal justification to do so, while offering the opportunity to unsubscribe from this service.
9. Personal data
The Site’s privacy policy is regulated in the document Data Protection Notice.
10. Modification of these terms of use
Araclon may modify, totally or partially, the terms and conditions herein regulated by publishing any modifications in the same manner as these Terms of Use or through any communication addressed to Users.
Therefore, the temporary validity of these Terms of Use is coincident with the period within which such terms are available to Users, until these are totally or partially modified, moment in which the modified Terms of Use will come into force. Notwithstanding the foregoing, access by Users to the Site will imply the express acceptance of the modifications included in the Terms of Use.
At any time, Araclon may terminate, suspend or interrupt access to the contents, materials and information of the Site, without giving prior notice to Users and without Users being entitled to compensation for damages. Upon termination, the prohibitions of use on the contents, materials and information mentioned in these Terms of Use will continue being applicable
11. Miscellanea
The heading of the provisions are for information purposes only and will not affect, qualify or amplify the interpretation of these Terms of Use.
In case any provision of these Terms of Use is, totally or partially, considered null or inapplicable by any competent court, tribunal or governmental body, such nullity or inapplicability will not affect the rest of the provisions of these Terms of Use.
The lack of exercise or execution by Araclon of any right or provision contained in these Terms of Use will not constitute a waiver to such right or provision, unless recognition and agreement made in writing.
12. Applicable law and jurisdiction
The relationship between Araclon and the Users will be governed by Spanish law, without prejudice of any law applicable by virtue of the provisions on applicable law and jurisdiction regulated in Spanish and European laws. However, if applicable legislation permits choosing the jurisdiction, Araclon and Users, expressly waiving any other jurisdiction, will subject any disputes to the courts of the city of Zaragoza.
Creation date: July 2022
