Terms of Service
PLEASE READ THESE TERMS OF SERVICE ("TERMS") AS THESE TERMS CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
Biokit, S.A. a Spanish company holding tax Identification number A08336018, with corporate address at Can Malé s/n, 08186 Lliçà d´Amunt, Barcelona, Spain and registered with the Commercial Registry of Barcelona under volume 11.380, folio 213 and sheet B-58.138 and Biokit Research & Development, S.L.U. a Spanish company holding tax Identification number B65936536, with corporate address at Can Malé s/n, 08186 Lliçà d´Amunt, Barcelona, Spain and registered with the Commercial Registry of Barcelona under volume 43.591, folio 129 and sheet B-432.991, welcomes you to its site https://www.biokit.com (“Site”). You can contact us by phone at +34 93 860 90 00 or by email through the Contact Us section of this Site accessible at https://www.biokit.com/contact. Biokit, S.A. and Biokit Research & Development, S.L.U. are companies belonging to the Werfen group of companies (jointly, “Werfen”).
The Site provides a platform for users to access and receive information about news, events, educational content and Werfen products including Package Inserts Sheets and MSDS/SDS, and provides a portal to other Werfen resources and dashboards (such as ISIweb, AccuTrak TM and Werfen Academy) (“Services”). Access and use of some Services may require the prior registration as a member of the Site, as explained in more detail in section “Registration and Use of the Site and Services” below.
The Site is intended for entities and individuals pursuing a commercial or professional activity only. Therefore, by accessing the Site and using the Services you warrant and represent that you are not a consumer and that you are of legal age in your jurisdiction.
Werfen may revise, modify and update these Terms at any time. All changes will take effect once they have been posted on the Site. Please ensure that you revisit and review these Terms regularly. Your continued use of the Site or Services will mean you accept the Terms in their then current version. Should a substantial modification of these Terms take place, you will be asked to either expressly accept the revised Terms or to stop using the Site and the Services.
Particular conditions may apply to Services provided by us. We will direct you to these additional terms at the time that you interact with us in relation to the relevant Services. Please read the applicable terms carefully. If there is a conflict between these Terms and the terms that apply to any Services, the terms that apply to that service shall take precedence to the extent of such conflict.
Werfen may at any time cease the operation of the entire Site or parts thereof. In such event, Werfen shall not accept any responsibility and shall not be liable for the continuous availability of the Site.
These Terms were last updated on 06/28/2021.
Registration and Use of the Site and Services
The Site is composed of two main sections:
This section contains general information on Werfen, such as news, events, corporate information and other relevant information that we may share from time to time. No prior registration is required to access this section.
This section includes information and contents specifically addressed to healthcare professionals, such as educational content and e-learning courses, programs to assist you with quality control management of our products, information on products marketed by Werfen or promotional actions on products commercialized by Werfen.
Access to this section is conditioned to the prior registration as a member of the site (“Member”). Members must provide the following minimum information to create a Werfen account: Username, First Name, Last Name, email, password. Additional information may be required as determined by the specific resource (such as Illuminations Webinars, ISIweb, AccuTrak ™ and Werfen Academy resources). You may also be required to enter product model information to access certain aspects of the Services (such as ISIweb, AccuTrak ™ and Werfen Academy services). If you do not register as a Member, you may be precluded from using certain features or Services. Members should notify Werfen any changes to their personal data to ensure that the information in Werfen’ files is always up to date. User shall ensure that the email address supplied to Werfen is current and effective for contacting the user.
Depending on the Services, access to the restricted section may be subject to particular conditions (such as the payment of a fee). In such case, those particular conditions substitute, complete and/or modify these Terms. User will be informed in the event any particular conditions are to be applied.
Werfen reserves the right to deny registration to any user at its sole discretion. Werfen also reserves the right to subject any part of the Site to a registration requirement even if such part had previously been freely accessible.
You are responsible for maintaining the confidentiality of your username and password that you designate during the registration process and you are fully responsible for all activities that occur under your username and password. You shall immediately notify us of any unauthorized use of your username or password or any other breach of security. Werfen will not be liable for any loss or damage arising from your failure to comply with this provision. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
Limitations on Use
Werfen grants to you a limited personal, non-exclusive and non-transferable right and license to access the Site. The Site including, without limitation, the content, metadata, design, organization, compilation, look and feel, articles, information and all other protectable content available through the Site (“Proprietary Materials”) are the property of Werfen or the property of our licensors and are protected by copyright and other intellectual property laws. All rights regarding the Proprietary Materials are reserved by Werfen. Unless you have the written consent of Werfen, you may not copy, reproduce, sell, publish, distribute, display, retransmit, modify or otherwise provide public access to the Proprietary Materials received through the Site to anyone except for your personal non-commercial use. You agree not to rearrange, modify or create derivative works using the Proprietary Materials. You agree not to create, scrape or display our content for use on another web site or service. You agree not to post any content from the Site to weblogs, news groups, mail lists or electronic bulletin boards, without our written consent. Notwithstanding this limitation on posting content, you may post links to news, information and events made available to you through the Site on your personal social media accounts (for example, Twitter®, Facebook®, LinkedIn® platforms) without our written consent. Any posts you make to your social media accounts are subject to the terms and policies of the respective social media platform and it is your responsibility to comply with these terms and policies. Please note that some links may resolve to sites or Services that will require a Werfen account.
User undertakes to use the Site and the information contained therein with due standard of care and to comply entirely with applicable legislation and these Terms. User may upload content or materials to the Site provided it complies with the rules of conduct established below and shall remain liable for any content or material uploaded.
We reserve the right to terminate your Member status if you misuse the Site or violate these Terms including, without limitation, the following rules of conduct.
You may not:
- Use a false identity for the purpose of misleading Werfen or others;
- Upload, post, transmit to other Members or users of the Site, or employees of Werfen by any means, or otherwise make available any content or materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- Impersonate any person or entity, including another Member or user of the Site, or employee of Werfen, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted;
- Upload, post, email, transmit to other Members or users of the Site by any means, or otherwise make available any content or materials that you do not have a right to make available under any law or under contractual or fiduciary relationships;
- Upload, post, email, transmit to other Members or users of the Site by any means, or otherwise make available any content or materials that infringe any patent, trademark, trade secret, copyright or other proprietary rights of any party;
- Upload, post, transmit to other Member or user of the Site by any means, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- Upload, post, email, transmit to other Members or users of the Site by any means, or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- Attempt to interfere with or disrupt our servers or networks or the Services provided to you;
- Intentionally or unintentionally violate any applicable local, state, national or international law or any regulations having the force of law;
- "Stalk" or otherwise harass another; solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users, including user names or passwords; or access or attempt to access another user's account without his or her consent; and/or
- Post, disseminate, transmit or otherwise distribute your personal data or plan data on any website or through other digital, electronic or printed forum.
Information Available Through the Site and Services
This Site and/or the Services may contain information about products, programs, events or resources that may not be available in all countries and that is subject to change. Even if available, the governmental approval or market clearance received for a particular product in one country may be for a different use or indication, or subject to different restrictions, than in another country. Every country has specific laws, regulations, and practices that may govern the communication of information about medical/diagnostic products over the Internet. No information contained on the Site or made available through the Services should be construed as a solicitation for, or promotion of, any product or the use of any product that is not authorized by the laws and regulations of the country where you reside.
THE INFORMATION ON THIS SITE AND/OR MADE AVAILABLE THROUGH THE SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY.
Personal Data Protection
YOU USE THE SITE AT YOUR OWN RISK. WERFEN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS OR EFFICACY OF THE CONTENT OF THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES IN SUCH CONTENT. YOU AGREE THAT YOUR ACCESS TO, AND USE OF, THE SITE AND THE CONTENT AND SERVICES AVAILABLE THROUGH THE SITE IS ON AN "AS-IS", "AS AVAILABLE" BASIS AND WERFEN SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WERFEN DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS SITE. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, WERFEN LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT WERFEN SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WERFEN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THE SITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITES LINKED TO THE SITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SITE PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR (F) ANY OTHER MATTER RELATING TO THE SITE. IN NO EVENT SHALL WERFEN’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT [INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE], OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO WERFEN. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, WERFEN LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Third Party Web Sites
The Site may host advertisements or be sponsored by third parties. The advertisers and sponsors are solely liable for ensuring that the materials submitted for inclusion in the Site comply with the applicable laws. Werfen shall not be held liable for any error, inaccuracy or irregularity that the contents of the advertisers or sponsors may contain. In any event, to lodge any claim related to the advertising contents posted in this Site, you may write to us at the email included in the Contact Us section.
Governing Law and Choice of Forum
You agree that these Terms, as well as any and all claims arising from these Terms will be governed by and construed in accordance with the laws of Spain, without regard to any conflict or choice of law principles. The sole and exclusive jurisdiction and venue for any litigation arising out of these Terms or in any way related to the Site will be an appropriate federal or state court located in Barcelona.
Werfen may assign its rights and obligations under these Terms. These Terms will inure to the benefit of the successors, assigns and licensees of Werfen. The failure of either party to insist upon or enforce the strict performance of the other party with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right.