Terms of Use

INTRODUCTION

Welcome to the Affidea website.
This website you have visited ("the Site") has been developed by Affidea B.V. ("Affidea", "us" or "we") and is administered by the same.

ACCEPTANCE AND APPLICABLE TERMS

Please be informed that your access to and use of this Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept these Terms of Use without limitation or qualification whether you use this Site as a guest or a registered user. Therefore, please do not use this Site unless you fully agree with the following conditions.

We reserve the right to discontinue or to make partial or complete modifications to the Site or to these Terms of Use. Please note that we may make changes on the Site at our own discretion and without prior announcement at any time. We must therefore ask you, next time you visit this website, to view these Terms of Use again and to note any changes or amendments that may have been made. Please also note that by using the Site after we post any changes to these Terms of Use, you agree to accept those changes, whether you have reviewed them or not.

Some areas of the Site may have additional rules, guidelines, license agreements, user agreements or other terms and conditions that apply to your access or use of that area of the Site. If there is a conflict or inconsistency between these Terms of Use and the rules, guidelines, license agreement, user agreement or other terms and conditions for a specific area of the Site, the latter shall have precedence with respect to your access and use of that area of the Site.

Please note that access to some parts of the Site or, at times the entire Site, may be restricted to registered users. Further terms and conditions shall apply to such registered users, which the they will be asked to accept prior to their registration.

PRIVACY

Affidea is concerned about your privacy and has developed the Website Data Privacy Notice to fully inform you about all kind of use of your personal information that we collect through the Site. For more information, please see the Website Data Privacy Notice.

INTELLECTUAL PROPERTY

All trademarks as well as other elements and materials incorporated in or accessible through the Site, including but not limited to any text, photograph, image, graphic, illustration, logo, button icon, audio clip, video clip, software as well as the compilation, collection, arrangement, and assembly thereof including the “look and feel” of the Site are the sole property of Affidea (hereinafter referred to as “Website Materials”). All intellectual property rights of Affidea related to the Website Materials are reserved and protected by the laws of The Netherlands and international copyright laws.

The Website Materials may be used only for browsing the Site in the ordinary course for personal purposes or as a resource for purchasing the products and/or services offered through the Site. Any permission to the use of the Website Materials is granted exclusively if the following cumulative conditions are fulfilled: (i) the Site is used only for personal purposes and not exploited commercially in any way; (ii) the relevant copyright note is displayed on all digital or other copies if any; (iii) all Website Materials are only used in the appropriate context and in conjunction with the accompanying text / illustration. However, no right, title, or interest in any Website Materials will be granted or transferred to you upon any permitted use of the Website Materials. Our status (and that of any identified contributors) as the authors of the Website Materials must always be acknowledged.

Beyond the permitted use of the Site described above you may not - in particular, but not exclusively for public or commercial purposes - distribute, modify, transmit, reuse, repost, copy, reproduce, extract, re-utilize, transmit, republish, download, display, exploit by any means or otherwise use the content of the Site, including all Website Materials, without the prior written permission of Affidea. You should also assume that everything you see or read on the Site is copyrighted material unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site.

RELIANCE ON INFORMATION

We aim to ensure that the information published on the Site is accurate and consistent with current knowledge and practice. However, medical knowledge and practice is constantly evolving, and individual cases may require specific advice that cannot be addressed through the Site. Accordingly, this Site is provided for information only. It is not intended to replace a medical advice with an appropriately qualified health professional.

We cannot guarantee that information provided by us through this Site will meet your health or medical requirements. Hence the accuracy of the information on the Site is not guaranteed and is subject to change and therefore Affidea cannot accept responsibility for any loss, damage or expense incurred upon using the information provided.

Part of the Site may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. Affidea will not be responsible for any error or inaccuracy in advertising materials.

ACCEPTABLE USE OF THE SITE

Affidea will not tolerate any use of the Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat our Site with respect, and not to use the Site for any illegal purpose, or in such a way as to infringe or breach other party’s rights or to cause or threaten to cause us damage. We also ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the Site.

You agree not to use the Site or cause or permit the Site to be used:

1. to gain unauthorised access to the Site, the server on which the Site is stored, or any server, computer or database connected to the Site;
2. to jeopardise or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
3. to harvest or otherwise collect information about others, including email addresses, without their consent; for any commercial purpose including any direct marketing, surveys, contests or pyramid schemes, nor to use the Site to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
4. to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs;
5. to attack the Site via a denial-of-service attack; or contrary to the terms and conditions of any Internet Service Provider you may use.

LINKS TO THIS SITE

Affidea generally welcomes the hyper-linking to the Site from other appropriate websites. You may quote the content of the site only if you highlight the source and owner as "Affidea B.V." of the content and provide a direct link to it. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience. Notwithstanding the foregoing, we reserve all rights to refuse to consent to such links or use without giving reasons as well as to take legal actions based on the breach of these Terms of Use. Please be informed that Affidea has not reviewed any or all the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site.

LINKS TO OTHER SITES

Links to third-party sites may be provided for the interest or convenience of visitors to this Site. We will endeavour to inform you when you are leaving this Site that the terms of use and privacy policy of the third-party site may be different. However, Affidea accepts no liability for links from the Site to others, and we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policies of third parties.

CONSEQUENCES

If we become aware that you have violated any of the terms and conditions contained in these Terms of Use, we may immediately take corrective actions, including preventing you from using the services offered by Affidea and removing any information, data and content put by you on the Site or the affiliated Sites without notice at any moment. If we have been injured by your violation we may, in our sole discretion, seek to recover damages from you.

TERMINATION OF USE

Affidea may, in its sole discretion, at any time discontinue providing or limit your access to the Site, any areas of the Site or Website Material provided on or through the Site. You agree that Affidea may, in its sole discretion, at any time, terminate or limit your access to, or use of, the Site or any Website Materials. Affidea may terminate or limit your access to or use of the Site if Affidea determines, in its sole discretion, that you have infringed the copyrights or other rights of a third party. You agree that Affidea shall not be liable to you or any third party for any termination or limitation of your access to, or use of, the Site or any Website Materials.

DISCLAIMERS OF WARRANTIES

THE INFORMATION, PRODUCTS, AND SERVICES PROVIDED ON THE SITE ARE “AS IS, WHERE IS” WITH NO EXPRESS OR IMPLIED WARRANTY OR GUARANTEE OF ANY KIND REGARDING THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY, OR LEGALITY OF THE CONTENT OF THIS SITE. IN ADDITION, THE SITE OWNER AND ITS AFFILIATES FULLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES ABOUT THE SATISFACTION OF ANY GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON MEDICAL DEVICE, PRESCRIPTION DRUG, OR HEALTH PRODUCTS. ANY WARRANTY THAT IS PROVIDED REGARDING ANY PRODUCTS DESCRIBED ON THE SITE SHALL BE LIMITED TO THE WARRANTIES PROVIDED IN THE DOCUMENTS OF SALE OF SUCH PRODUCT, AND ANY LIMITATIONS INCLUDED THEREIN.

LIMITATION OF LIABILITY

YOUR USE OF THIS SITE, ANY WEBSITE LINKED THROUGH THIS SITE, AND ANY MATERIAL AVAILABLE ON THIS SITE IS ENTIRELY AT YOUR OWN RISK. IN NO EVENT SHALL AFFIDEA AS THE SITE OWNER OR ITS AGENTS, AFFILIATES, PARTNERS, OR LICENSORS (COLLECTIVELY, “AFFILIATES”) BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY DAMAGES WHATSOEVER, RESULTING FROM LOSS RELATED TO THE USE OF THE SITE OR THE CONTENT CONTAINED HEREIN REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF THE SITE OWNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. NONE OF THE SITE OWNER OR AFFILIATES SHALL BE RESPONSIBLE FOR LOST PROFITS, REVENUES, OR DATA, OR FINANCIAL LOSSES ASSOCIATED WITH THE USE OF THE SITE OR THE WEBSITE MATERIALS CONTAINED HEREIN. IN THE EVENT ANY EXCLUSION OR LIMITATION OF LIABILITY IS LIMITED BY LAW, SUCH LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW. ANY DISCLAIMER OF LIABILITY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS DESCRIBED ON THE SITE SHALL BE LIMITED TO THE WARRANTIES PROVIDED IN THE DOCUMENTS OF SALE OF SUCH PRODUCT, AND ANY LIMITATIONS INCLUDED THEREIN.

SEVERABILITY

The failure of Affidea to exercise or enforce any rights or provisions in or in connection with these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

GOVERNING LAW

These Terms of Use, all claims relating to the Site, to the use of the Site, and to all Website Materials available through this website are governed by the laws of The Netherlands.