1. Application of these Terms of Use
1.1. This website is provided by HYPHEN BioMed SAS, a company incorporated under the number 421 645 979 RCS Pontoise with its registered address at 155 rue d’Eragny, 95000, Neuville-sur-Oise, France (“HYPHEN BioMed”).
1.2. These Terms of Use (the “Terms”) set out the terms under which you may (i) access, browse and otherwise use this website located at https://www.hyphen-biomed.com (the “Website”) and (ii) access from the Website the information to be supplied with the products manufactured by HYPHEN BioMed subject to the Regulation (UE) 2017/746 of 5 April 2017 on in vitro diagnostic medical devices (the “IVD Documentation”). By using or accessing the Website or its content, including the IVD Documentation, you confirm that you accept and will comply with these Terms.
If you do not agree with the Terms, you must leave the Website immediately and must not use it.
1.3. HYPHEN BioMed may update and make changes to the Terms at any time by amending this page.
Such changes shall be binding as from the date of their posting on the Website.
2. Use of the Website
2.1. HYPHEN BioMed always does its best to make sure that the Website is available and error free, although HYPHEN BioMed cannot guarantee this. Access to the Website is permitted on a temporary basis and HYPHEN BioMed reserves the right to suspend, withdraw or change all or any part of the Website at any time. HYPHEN BioMed will not be liable to you if, for any reason, the Website is unavailable at any time or for any period.
2.2. You are responsible for making all arrangements necessary for you to have access to the Website.
We are not responsible for any charges or costs that you may incur in using the Website.
3. Intellectual property rights
3.1. The presentation and content of the Website, including but not limited to the IVD Documentation, the trademarks, brands, names, images, logos, texts, videos, domain names and products of HYPHEN BioMed, as well as the software and programs used to publish the Website (the "Materials") constitute, together or separately, distinctive signs or works protected by the laws in force on intellectual property.
3.2. HYPHEN BioMed is the owner, and benefits from the intellectual property rights necessary for their use, of the Website and of each of its Materials. Access to the Website does not confer you any intellectual property rights of any kind relating to the Website and the Materials.
3.3. You may download or print off copies of the Materials for your personal use and information only (or in the case of the IVD Documentation, as set out in section 4 below) provided that you must retain any proprietary markings or restrictive legends contained in the original material. Any use of the Materials in any way, including in advertising or publicity, is subject to our prior written
consent.
3.4. You must not and must not permit any third party, without HYPHEN BioMed’s prior written consent to (i) sell, rent, use, license, copy, reproduce or otherwise make available the Materials to any third party, (ii) modify, adapt, arrange, translate or create any derivative works of the Materials, (iii) reverse engineer or decompile the Materials, or (iv) remove or modify any proprietary markings or restrictive legends placed on any Materials.
4. Access to the IVD Documentation
4.1. The IVD Documentation is available and kept up to date on the Website pursuant to the Regulation 2017/746 of 5 April 2017 on in vitro diagnostic medical devices.
4.2. In order to gain access to this information, you need to create an account. Any personal data collected for you to create your account and access to the IVD Documentation is subject to HYPHEN BioMed’s Privacy Notice and Privacy Policy, that you can find here: https://hyphen-biomed.com/privacy-notice-and-privacy-policy.
4.3. Your account is strictly personal: it is strictly prohibited to create an account on behalf of a third party or otherwise share your account credentials (i.e., your username and password) with any third parties. You are responsible for ensuring that your account credentials are kept secured.
4.4. By accessing and creating your account and accessing the IVD Documentation, you agree that you will:
a) be individually responsible for the accuracy and completeness of the information that you share with us to create your account: HYPHEN BioMed reserves the rights to verify such information;
b) only use the IVD Documentation in compliance with (i) the Terms, (ii) any applicable law, in particular the Regulation 2017/746 of 5 April 2017 on in vitro diagnostic medical devices, and (iii) any other agreement that you may have with HYPHEN BioMed; and
c) not let anyone else access or use the IVD Documentation using your credentials.
4.5. In case you have any suspicions or have detected any unauthorized access to your account, you may immediately change your account credentials and/or report as soon as possible any such activity to HYPHEN BioMed to enable us to take appropriate measures to prevent, detect or end any misuse.
5. Links to Third Party Websites
5.1. HYPHEN BioMed does not monitor the content of third party websites and any links provided on the Website are for your convenience and information only. HYPHEN BioMed does not grant any guarantees as to the content of such third party websites. HYPHEN BioMed excludes all liability for any third party material made available on the Website or contained on any third party website that it links to.
5.2. No links to the Website are permitted without our express consent in writing. Where a third party provides a link to the Website, this does not mean that HYPHEN BioMed has any relationship, association or affiliation with that third party.
6. Disclaimer
6.1. HYPHEN BioMed excludes all guarantees about the accuracy, reliability, completeness, quality, availability, freedom from viruses or other harmful code, maintenance or fitness for purpose of the Website or any Material to the maximum extent allowed by law.
6.2. The content of the Website is provided for your general information only. It is not intended to amount to advice on which you should rely. You should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Website, including the IVD Documentation. To the exception of the IVD Documentation, HYPHEN BioMed grants no guarantees that it is accurate, complete or up-to-date.
7. Limitation of Liability
7.1. To the fullest extent allowed by any applicable law and only if you are a professional, HYPHEN BioMed shall not be liable for any direct or indirect loss (including loss of profits, business opportunity or business interruption) resulting from the access or use of the Website, reliance on Materials or from temporary or permanent unavailability of the Website, any changes to the Website or from any corruption or loss of data you may suffer whilst using the Website.
7.2. The Website or the Materials do not constitute an offer for the sale or purchase of the products manufactured or sold by HYPHEN BioMed. Except as otherwise agreed in writing by HYPHEN BioMed, none of the information on the Website is to form the basis of or be relied on in connection with any agreement or arrangement which may at any time be entered into by you with HYPHEN BioMed.
8. Access Restriction
HYPHEN BioMed reserves the right, in its sole discretion, to restrict your access to your account or to any portion of any of the Website at any time, without notice if you are in breach of these Terms.
9. General
9.1. Failure by HYPHEN BioMed to exercise any right or remedy under these Terms does not constitute a waiver of that right or remedy.
9.2. If any provision of these Terms is held by a court to be illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect.
9.3. These Terms (as updated from time to time), constitute the entire agreement between you and HYPHEN BioMed in relation to your use of the Website.
9.4. You agree to use the Website in compliance with all applicable laws and regulations relating to the protection of personal data, including without limitation the EU General Data Protection Regulation 2016/679, the French data protection law No.78-17 of 6 January 1978 as modified and the Regulation 2017/746 of 5 April 2017 on in vitro diagnostic medical devices.