Terms of use
  1. CONTROLLER’S IDENTITY

The website http://www.xiromed.com/usa (hereinafter, the “Website”), owned by Insud Pharma, S.L.U, is managed by Xiromed, LLC, as part of Exeltis Pharmaceutical Holding, S.L. (hereinafter, jointly referred to as  “Exeltis”), located in 180 Park Ave ,Suite 101 Florham Park, NJ 07932, and with Entity Number 9892424-0161. Exeltis, and all the subsidiaries located in Spain, EU or third countries and dedicated to pharma sector are globally known as Insud Pharma (hereinafter, “Insud Pharma Group”).

Exeltis welcomes you, and strongly recommends to read carefully the following terms of use (hereinafter, the “Terms of Use”) which explain the conditions that will be applicable to your navigation through the Website in accordance with national data protection and electronic communications law. Exeltis may modify this Terms of Use in the future, therefore we recommend you to review periodically this agreement in order to be properly informed on the changes.

With the purpose of making the Website as transparent, plain and simple as possible, you (hereinafter, the “User”) will be able to send any question or request related to the Terms of Use by contacting Exeltis by email, sending your request to dataprotection@insudpharma.com.

The User undertakes to use the services and utilities provided by the Website in accordance with current legislation, these Terms of Use and moral standards, good practice and public order.

  1. OBJECT

Exeltis provides the contents and the services available in the Website which will be governed by these Terms of Use and the Cookies and Privacy Policy that you, as “User”, expressly accept to have read and understood.

Access or use of the Website confers you the condition of User, this means your full acceptance of these Terms of Use which will be available on the Website. Exeltis reserves the right, at their sole discretion, to modify or replace this Terms of Use at any moment. It will be responsibility of the User to read carefully these Terms of Use each time he visits the Website, if the User disagrees with any of these Terms of Use he must refrain from using the Website.

  1. ACCESS AND USE OF THE WEBSITE

The User is aware and expressly and voluntarily accepts that using the Website will be at his own risk and responsibility.

When using the Website, the User is fully committed to avoid any behaviour that could harm Exeltis or third parties’ reputation, interests, rights or use the Website in a way that causes, or is likely to cause any damage or interruption in the normal use of the Website.

Exeltis implements reasonable security measures for virus detection. Nonetheless, the User must be aware that security measures are not entirely trustworthy and Exeltis cannot guarantee the non-existence of viruses or other elements which might produce alterations in your systems (software and hardware), electronic documents and data files included in them.

  1. WEBSITE CONTENT

The Website offers the User the following possibilities:

  1. Learn more about Xiromed activities and products.

  2. Learn more about Xiromed´s commercial offices and manufacturing plants.

  3. Learn more about specialist areas with respect to health and pharmacology.

  4. Learn more about Insud Pharma Group.

  5. Contact information with Pharmacovigilance Department.

  6. Provide us with your CV and personal data through the section “Careers”.

  7. Making requests or asking questions by email or contact forms.

  1. PRIVACY AND COOKIES POLICY

Exeltis informs you on the existence of automated and non-automated files owned by Exeltis where data collected from the Users through the Website is stored.

For additional information please read our Privacy Policy and Cookies Policy.

  1. INTELLECTUAL PROPERTY

The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trademarks, or any other sign susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, or distinctive signs, all rights of industrial and intellectual property, content and/or any other element included in the page, which are the exclusive property of Insud Pharma Group , who have the exclusive right to use them in economic traffic. Therefore, the User agrees to not reproduce copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Insud Pharma Group harmless from any claim arising from the breach of such obligations.

In any case the access to the Website implies any type of waiver, transfer, license or total or partial assignment of the mentioned rights, unless expressly stated otherwise. These Terms of Use do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any right will be subject to the prior and express authorization specifically granted for this purpose by Exeltis, by Insud Pharma Group or, where the case may be, by the third party owner of the affected rights.

The contents, texts, photographs, designs, logos, images, software, source codes and, in general, any intellectual creation existing on this Website, as well as the site, as a multimedia artistic work, are protected as copyright by Intellectual Property legislation. Insud Pharma Group owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, they have the corresponding license for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, by Insud Pharma Group.

Likewise, it is forbidden to delete, ignore and / or manipulate the «copyright» as well as the technical protection devices, or any information mechanism that the contents may contain. The User of this Website undertakes to respect the mentioned rights and to avoid any action that could harm them. Insud Pharma Group reserve in any case the exercise of any legal actions in defence of its intellectual and industrial property legitimate rights.

  1. USER’S OBLIGATIONS AND RESPONSIBILITIES

The User hereby undertakes to refrain from using the Website for any purpose forbidden by these Terms of Use. The User is responsible and liable for the use of the Website. Furthermore, the User shall comply with any obligation required by the applicable legislation.

The User, in addition, must: (i) have the means and meet the technical requirements that are required to access the Website and make use of the available services through it; and (ii) provide truthful information when filling out the forms contained in the Website with his personal data and keeping them updated at all times, responding at all times to the User’s current situation. The User will be solely responsible for the false or inaccurate statements and the damages caused to Exeltis related to the information provided.

The User must also refrain from:

  1. Making an unauthorized or fraudulent use of the Website and / or content for illegal purposes or the ones prohibited in these Terms of Use, harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, deteriorate or prevent the normal use of the services, documents, files and all kinds of content stored on any computer;

  1. Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;

  1. Causing damage to the physical or logical systems of the Website, its suppliers or third parties;

  1. Introducing viruses in the network computer or any other physical or logical system that is likely to cause damage to the physical or logical systems of Exeltis or third parties;

  1. Attempting to access, use and / or manipulate Exeltis ’s and other Users data. Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the owner of the rights or it is legally permitted;

  1. Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Insud Pharma Group or third parties incorporated into the contents, as well as technical protection devices or any information mechanism that can be inserted in the contents;

  1. Obtaining or attempting to obtain contents using means or procedures other than the ones that have been made available for this purpose or have been expressly indicated on the websites where the contents are or, in general, of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and / or the contents;

  1. The User undertakes to not transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that may:

  • In any way, be contrary or violate the fundamental rights and freedoms and any other valid and applicable legislation;

  • Induce or promote actions of a criminal nature, slanderous, defamatory, violent or, in general, contrary to the law, morality, generally accepted good practices or public order activities;

  • Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;

  • Gather, make available or allow access to products, elements, messages and / or services of a criminal nature, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order;

  • Induce or may induce to an unacceptable state of anxiety or fear;

  • Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;

  • Is protected by the intellectual or industrial property legislation belonging to Insud Pharma Group, without having authorized the intended use;

  • It is contrary to honour, personal and familiar privacy or people’ s own image;

  • Constitutes any type of non-consensual advertising;

  • Include any virus or program that prevents the normal use of the Website.

  1. LIMITATION OF LIABILITY

Exeltis will be responsible for ensuring, except for force majeure reasons, the proper functioning of the Website, avoiding technical inconvenience and any other actions that may limit and / or partially interrupt the use thereof by Users.

Exeltis does not guarantee continued access, or the correct viewing, downloading or use of the elements and information contained in the pages linked to this Website, and that may be impeded, hindered or interrupted by factors or circumstances beyond its control. Exeltis is not responsible for the decisions that may be adopted as a result of access to contents or information offered through these linked sites.

Exeltis may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these Terms of Use. Exeltis shall not be responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:

  1. Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the electronic systems, caused by deficiencies, overloads and errors in telecommunication networks, or by any other cause beyond the control of Exeltis;

  1. Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as viruses or any other;

  1. Improper or inappropriate abuse of the Website;

  1. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof;

  1. Exeltis excludes any liability for damages of any nature due to the misuse of the available services by Website Users. Likewise, Exeltis will be exempt from any responsibility related to content and information that may be received as a result of an illegal or incorrect use of said services.

  1. INDEMNITY OF EXELTIS

The User shall protect, indemnify and hold Exeltis harmless from any loss or damage arising from claims, actions or demands of third parties as a result of its use of the Website. Likewise, the User shall indemnify Exeltis against any damages arising from the use of «robots», «spiders», «crawlers» or similar tools used for the purpose of collecting or extracting data or any other action that imposes an unreasonable burden on the use of the Website.

Access to the services or contents provided through the Website will be made under the exclusive responsibility of the Users. In case of minors or incapacitated persons, the responsibility will correspond to their parents, representatives or legal guardians, who must supervise or take the necessary precautions during their navigation through the web pages.

If you negligently or wilfully fail to comply with any of the obligations set forth in these Terms of Use, you will be liable for all damages and losses that may arise for Exeltis related to the breach.

  1. CHANGE OF CONTROL

In the event that Exeltis is acquired by or merged with a third party entity, Exeltis reserves the right to transfer or assign its contractual position as well as the information collected from the Users as part of such merger, acquisition, sale, or other change of control.

The third entity shall comply with the requirements stated by Exeltis in the Terms of Use and in the Cookies and Privacy Policy.

  1. CHANGES IN THE TERMS OF USE

We reserve the right, at our sole discretion, to modify or replace these Terms of Use. When this happens, a notice will be included on the Website indicating and informing Users that modifications have been made.

  1. NULLITY AND INEFFICIENCY OF THE CLAUSES

If any clause included in these Terms of Use is declared totally or partially invalid, null and void, such invalidity or nullity will only affect the mentioned provision or the part that is null or ineffective, while the remaining parts of these Terms of Use will continue to apply, considering such provision totally or partially as not included.

  1. INTERNATIONAL USAGE

The use of the Website by Users in a country other than USA will be under the responsibility of such Users. Only the User is responsible for complying with the laws of the countries from which he / she accesses the Website.

  1. GOVERNING LAW AND JURISDICTION

The relationship between Exeltis and the User will be governed and construed in accordance with the laws of the State of New Jersey, USA. Exeltis will pursue the breach of these Terms of Use, as well as any improper use of the Website by exercising all civil and criminal actions that may correspond by law.

  1. CONTACT INFORMATION

You may contact us in the following email address dataprotection@insudpharma.com