Terms of use

1. The terms and conditions

a) Please read these terms and conditions carefully as they apply to your use of this Internet site ("Site"). By using this Site you agree to be bound by these terms and conditions.

b) Biocartis NV technically operates the Site. However, we exercise no control over some other Internet sites or social media references you may view or access through the Site.

c) We may revise these terms and conditions from time to time by updating this page. The revised terms will take effect when they are posted.

2. Definitions

"Applicable Law" in relation to any person, action or thing means the following in relation to that person, action or thing:

a) any law, rule or regulation of any country (or political sub-division of a country);

b) any obligation under any licence in any country (or political sub-division of a country); and

c) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).

"Content" includes things that you may see, read, hear, download or access on or via the Site (including but not limited to text, graphics, designs, information, messages, written, files, data, software, images, photographs, illustrations, and other materials).

“Intellectual Property Rights” means patents, trademarks, design and model rights, applications for any of the foregoing, copyright, know-how, trade or business names and other similar rights or forms of protection of a similar nature or having equivalent or similar effect to any of these which may subsist anywhere in the world, whether capable of registration or not.

“Biocartis”, "We" or "us" means the Biocartis group of companies, including Biocartis Holdings Inc. and its subsidiaries (including Biocartis NV).

3. Registration

a) You may be required to register with us in order to access certain parts of the Site ("Sub-Portal").  Where you are required to register:

I. you must provide us with accurate, complete and updated registration information;

II. you must safeguard any username and password which we provide to you; and

III.  you authorise us to assume that any person using the Site with your user name and password is either you or authorised to act for you.

b) You acknowledge that your use of some Sub-Portals may be governed by additional terms and conditions. Where this is the case, you will be notified accordingly, and those additional terms and conditions:

I. will apply to your use of such Sub-Portal in addition to these terms and conditions; and

II. will prevail over these terms and conditions to the extent of any inconsistency.

4. Modification and discontinuation of the Site

You acknowledge that we may, in our sole discretion and with or without notice, modify or discontinue this Site, any part of the Site and the services available on it.

5. Content

a) You acknowledge that Content on the Site is subject to Intellectual Property Rights as defined above. Unless you are expressly authorised by law or by us you cannot (or permit any other person to):

I. sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of the Content in any way for any public or commercial purpose without our prior written consent; or

II. use any Content on any other website or in a networked computer environment for any purpose; or

III. otherwise infringe the Intellectual Property Rights of any person in using the Site or any Content.

b) Nothing in this Site should be considered as transferring or licensing any Intellectual Property Rights to you unless it has been expressly agreed between you and us in a proper written agreement.

6. Your use of the site

You cannot:

a) disrupt or interfere with the Site or servers or other software, hardware or equipment connected to or via the Site (including, without limitation, the introduction of computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or misuse the Site (including, without limitation, by hacking);

b) violate any Applicable Law relating to your use of the Site;

c) collect or store personal data about other users of the Site; or

d) post or transmit to or from the Site any material:

• that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; or
• for which you have not obtained all necessary licences and/or approvals.

Biocartis shall fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of d) above.
Where a claim is brought against us by a third party in relation to your use of the Site, you agree to fully reimburse us for all losses, damages, costs (including legal costs), damages, expenses, etc. whatsoever suffered or incurred by us as a consequence of you breaching Applicable Laws or these terms and conditions and/or your improper use of the Site.

7. Links

We have not reviewed all of the links provided in this Site and are not responsible for the content or accuracy of such links being either internet pages (including but not limited to sites linked through advertisements or through any search engines) or social media references (such as but not limited to twitter feed or linkedin).

8. Personal data and cookies

a) In using the Site you may give us "personal data" as defined in the Regulation (EU) 2016/679 (GDPR).  You have certain rights pursuant to the GDPR. By using this Site you agree with the Privacy Policy of this Sit and use of your personal data in accordance with our Privacy Policy.
b) Your use of the Site may be subject to use by us of "cookies", which are text files placed on your computer to temporarily store information. Our use of cookies is subject to our Cookie Policy.

9. The use of the Site is at your risk

a) You use the Site at your risk. The Content provided on or via the Site is for information purposes only. You must therefore evaluate, and bear all risks associated with, the use of any Content, including reliance on the accuracy, completeness or usefulness of any Content.

b) Although we provide the Content in good faith, we do not guarantee that the Content is or will be error free or that the Site or the server that operates it is or will be free of viruses or other harmful components.

c) Although we will use reasonable endeavors to maintain the Content, we do not undertake to provide support or maintenance services for the Content.

d) We exclude all representations and warranties to the fullest extent permissible under any Applicable Law.

e) If a jurisdiction does not allow the exclusion of implied warranties in accordance with paragraph (d) but allows limitations of a certain maximum extent then we limit our warranties to that extent.

10. Limitation of Liability

In addition to the other disclaimers and restrictions on our liability set out in these terms and conditions and to the fullest extent permissible under any Applicable Law, we will accept no liability whatsoever for any direct, incidental, consequential or indirect loss or damage, loss or corruption of data, loss of profits, goodwill, bargain or opportunity or loss of anticipated savings or any other loss resulting from your access to, reliance on, or use of, or inability to use the Site and the Content, however caused and whether arising in contract, tort (including negligence) or otherwise, and whether or not we know of the possibility of such loss or damage.

11. Cancellation

a) Where you are required to register with us, you may cancel such registration at any time by notifying us at [email protected].

b) We may cancel, at our discretion, your registration if you do not visit the Site or any relevant Sub-Portal for certain period of time, or if we reasonably believe that you have violated any Applicable Laws, acted inconsistently with the letter or spirit of these terms and conditions, or have violated our rights or those of another party (including but not limited to Intellectual Property Rights).

c) Following cancellation we may retain any information you submitted as part of the registration process, and any information arising from your use of this Site, for such period as may be required by Applicable Laws.

d) The provisions of these terms and conditions entitled “Content”, "The use of the Site is at your risk", "Limitation of liability," and "General Provisions" will survive cancellation of your registration or termination of these terms and conditions.

12. General Provisions

a) If any part of these terms and conditions is held to be unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remainder will remain in full force and effect.

b) These terms and conditions and any non-contractual obligations arising from or connected with them will be governed by the laws of Belgium and these terms and conditions shall be construed in accordance with the laws of Belgium. You irrevocably submit to the exclusive jurisdiction of the courts of Brussels to settle any dispute which may arise out of or in connection with these terms and conditions.

c) You agree to defend, indemnify, and hold harmless us, our officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site or the Content or your breach of these terms and conditions.