1. CONTROLLER’S IDENTITY
The website http://www.xiromed.com/usa (hereinafter, the “Website”), owned by Insud Pharma, S.L, is managed by Xiromed, LLC, as part of Exeltis Pharmaceutical Holding, S.L. (hereinafter, jointly referred to as “Exeltis”), located at 180 Park Ave ,Suite 101 Florham Park, NJ 07932. Exeltis, and all the subsidiaries located in Spain, EU or third countries that are dedicated to pharma sector are globally known as Insud Pharma (hereinafter, “Insud Pharma Group”).
Exeltis welcomes you and strongly recommends that you carefully read 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 these Terms of Use in the future, therefore we recommend that you periodically review this agreement in order to be properly informed on the changes.
You (hereinafter, the “User”) may send questions or requests related to the Terms of Use to Exeltis by email at dataprotection@insudpharma.com.
Your use of the services and utilities provided by the Website is subject to these Terms of Use and you agree that your access and use shall be conducted in accordance with legislation currently in effect as well as moral standards, good practice and public order.
2. ACCEPTANCE OF TERMS OF USE
Exeltis provides the content and the services available on 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 fully, without limitation or qualification.
Exeltis reserves the right, in its sole discretion, to modify or replace these Terms of Use at any moment. It is the responsibility of the User to carefully read these Terms of Use on each visit to the Website. If User disagrees with any of these Terms of Use, User must refrain from using or accessing the Website.
3. 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.
4. WEBSITE CONTENT
The Website offers the User the following possibilities:
a. Learn more about Xiromed activities and products.
b. Learn more about Xiromed´s commercial offices and manufacturing plants.
c. Learn more about specialist areas with respect to health and pharmacology.
d. Contact information with the Pharmacovigilance Department.
e. To learn about and potentially apply for open positions in the “Careers” section of the Website.
f. Making requests or asking questions by email or contact forms.
5. PRIVACY AND COOKIES POLICY
In accordance with the provisions of the U.S. Federal and State laws, as well as European Data Protection Regulation, pleased be informed that there are automated and non-automated files owned by Exeltis where data collected through the Website is stored. For additional information please read our Privacy Policy and Cookies Policy.
In light of the importance of protecting children’s privacy, we do not collect, process or use on our Site any information relating to an individual whom we know to be under 13 years old without the prior, verifiable consent of his or her legal representative. Such legal representative has the right, upon request, to view the information provided by the child and/or to require that it be deleted.
6. INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the content displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trademarks, or any other sign susceptible of industrial and / or commercial use 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 commerce. 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.
Access to the Website shall not imply 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 shall first require prior, express authorization specifically granted for such 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. You are expressly prohibited from using robots, spiders, scripts, services, software or any manual or automatic device, tool, or process designed to data mine or scrape any content from this Website, or otherwise use, access, or collect any content using automated means, except for purposes of indexing for inclusion in a public search engine, unless prior authorization is granted, in writing, by Insud Pharma Group.
Likewise, it is forbidden to delete, ignore and / or manipulate the «copyright» or the technical protection mechanisms that the Website 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 reserves the right to take legal action to defend its legitimate intellectual and industrial property rights.
7. 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:
a) Making an unauthorized or fraudulent use of the Website and / or content for illegal purposes or the ones prohibited in these Terms and Conditions, 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;
b) Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties;
d) 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;
e) 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;
f) Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Exeltis, 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;
g) 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;
h) 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:
1. In any way, is contrary or violate the fundamental rights and freedoms recognized by the U.S. Federal and State laws, International Treaties and any other valid and applicable legislation;
2. 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;
3. Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;
4. 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;
5. Induce or may induce to an unacceptable state of anxiety or fear;
6. Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;
7. Is protected by the intellectual or industrial property legislation belonging to Exeltis or Insud Pharma Group, without having authorized the intended use;
8. It is contrary to honour, personal and familiar privacy or people’ s own image;
9. Constitutes any type of non-consensual advertising;
10. Include any virus or program that prevents the normal use of the Website.
8. LIMITATION OF LIABILITY
Exeltis will use reasonable efforts to ensure, 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; furthermore, Exeltis makes no warranties or representations as to the accuracy or completeness of the information and materials on the Website. User’s use of Website may be impeded, hindered or interrupted by factors or circumstances beyond Exeltis’ 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:
A. 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;
B. Illegitimate introduction of malicious programs of any kind and through any means of communication, such as viruses or any other;
C. Improper or inappropriate abuse of the Website;
D. Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof;
E. 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.
9. 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.
10. CHANGE OF CONTROL
If 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.
11. MEDICAL INFORMATION
The product information contained on the Website is not intended to provide complete medical information or medical advice. Such information is provided “as is” and for informational purposes only. Use of the information is at User’s own risk and is not meant to be a substitute for advice provided by a doctor or other qualified healthcare professional. Users should always consult with a doctor or other healthcare professional for medical advice or information about diagnosis and treatment.
12. 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.
13. 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.
14. 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.
15. 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.
16. CONTACT INFORMATION
You may contact us in the following email address dataprotection@insudpharma.com