Terms and Conditions

OBJECT

These General Conditions of Use, Privacy Policy and Sale (hereinafter, the "General Conditions") govern the use of the website. omigensolutions.es (hereinafter, the Website) that OMIGEN SOLUTIONS S.L.P. (hereinafter "Omigen Oncology Solutions"), makes available to persons accessing its Website in order to provide them with information about products and services, its own and/or those of third party collaborators, and to facilitate access to them, as well as the contracting of services and goods through the same (all of which are jointly referred to as the "Services").

Omigen Oncology Solutions, with registered office at Cam. del Colmenar, 57, 3, 29013 Malaga, Spain, is the owner of this Web Site whose use is regulated by this document, with CIF number B10782910. To contact Omigen Oncology Solutions, you can use the postal address indicated above, as well as the e-mail address info@omigensolutions.es.

By the very nature of the Web Site, as well as its content and purpose, almost all of the navigation that can be carried out by the same has to be done enjoying the condition of Client, which is acquired according to the procedures contained therein. Therefore, the aforementioned condition of Client implies adherence to the General Conditions in the version published at the time of accessing the Web Site. Omigen Oncology Solutions reserves the right to modify, at any time, the presentation and configuration of the Web Site, as well as these General Conditions. Therefore, Omigen Oncology Solutions recommends the Customer to read them carefully each time he/she accesses the Web Site.

In any case, there are pages of the Web Site accessible to the general public, with respect to which Omigen Oncology Solutions also wishes to comply with its legal obligations, as well as to regulate the use thereof. In this sense, users who access these parts of the Web Site agree to be subject, by accessing these pages, by the terms and conditions contained in these General Conditions, to the extent that it may be applicable to them.

Finally, due to the nature of this Web Site, it is possible that the contents of these General Conditions may be modified or changed. Therefore, the Client, as well as other users who do not enjoy this condition, are obliged to access the present General Conditions each time they access the Web Site, assuming that the corresponding conditions in force at the time of their access will be applicable to them.

ACCESS AND SECURITY

Access to the Services requires the prior registration of the users, once they accept the General Conditions, being considered as Clients.

The Client's identifier shall consist of his e-mail address and a password. In order to access the Client's own account, it will be necessary to include this identifier, as well as a password containing at least 4 characters.

The use of the password is personal and non-transferable, not being allowed the transfer, even temporarily, to third parties. In this sense, the Client undertakes to use it diligently and to keep it secret, assuming all responsibility for the consequences of its disclosure to third parties.

In the event that the Customer knows or suspects the use of his password by third parties, he must change it immediately, in the manner described on the Website.

CORRECT USE OF SERVICES

The Customer undertakes to use the Services in a diligent, correct and lawful manner and, in particular, by way of example and not limitation, undertakes to refrain from:

• Use the Services in a manner, with purposes or effects contrary to law, morality and generally accepted good customs or public order.
• Reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the Services, unless authorized by the holder of the corresponding rights or it is legally permitted.
• Perform any act that may be considered an infringement of any intellectual or industrial property rights belonging to Omigen Oncology Solutions or third parties.
• Use the Services and, in particular, information of any kind obtained through the Web Site to send advertising, communications for direct marketing purposes or for any other commercial purpose, unsolicited messages addressed to a number of people regardless of their purpose, as well as to market or disclose in any way such information.

The Customer shall be liable for damages of any nature that Omigen Oncology Solutions may suffer, on occasion or as a result of the breach of any of the obligations set forth above as well as any others included in these General Conditions and/or those imposed by law in connection with the use of the Web Site.

Omigen Oncology Solutions shall at all times ensure respect for the current legal system, and shall be entitled to interrupt, at its sole discretion, the Service or exclude the Customer from the Website in case of alleged commission, complete or incomplete, of any of the crimes or offenses defined by the Criminal Code in force, or in the event of any conduct that, in the opinion of Omigen Oncology Solutions, is contrary to these General Terms and Conditions, the General Terms and Conditions of Contract that apply to this Web Site, the Law, the rules established by Omigen Oncology Solutions or its collaborators, or that may disrupt the proper functioning, image, credibility and/or prestige of Omigen Oncology Solutions or its collaborators.

PROPERTY RIGHTS

All contents of the Website, such as text, graphics, photographs, logos, icons, images, as well as graphic design, source code and software, are the exclusive property of Omigen Oncology Solutions or third parties, whose rights in this regard legitimately holds Omigen Oncology Solutions, being therefore protected by national and international legislation.

The use of all elements subject to industrial and intellectual property for commercial purposes as well as their distribution, modification, alteration or decompilation is strictly prohibited.

Infringement of any of the aforementioned rights may constitute a violation of these provisions, as well as an offense punishable under Articles 270 et seq. of the Penal Code.

Those Customers who send observations, opinions or comments to the Web Site by means of the e-mail service or by any other means, in cases where the nature of the Services makes this possible, it is understood that they authorize Omigen Oncology Solutions for the reproduction, distribution, public communication, transformation, and the exercise of any other right of exploitation, of such observations, opinions or comments, for the entire time of copyright protection that is legally provided for and without territorial limitation. Likewise, it is understood that this authorization is given free of charge.

Claims that may be filed by Customers in relation to possible breaches of intellectual or industrial property rights on any of the Services of this Web Site should be sent to the following e-mail address: info@omigensolutions.es.

DISCLAIMER OF WARRANTIES AND LIABILITY

Notwithstanding the provisions of the General Terms and Conditions relating to the procurement of goods contained in this Web Site, Omigen Oncology Solutions is not responsible for the truthfulness, accuracy and quality of this Web Site, its services, information and materials. Such services, information and materials are provided "as is" and are accessible without warranty of any kind.

Omigen Oncology Solutions reserves the right to interrupt access to the Website, as well as the provision of any or all of the Services provided through the Website at any time and without prior notice, whether for technical, security, control, maintenance, power failure or any other justified cause.

Consequently, Omigen Oncology Solutions does not guarantee the reliability, availability or continuity of its Web Site or the Services, so that the use of the same by the Customer is carried out at its own risk, without, at any time, Omigen Oncology Solutions can be held liable in this regard.

Omigen Oncology Solutions shall not be liable in the event of interruptions of the Services, delays, errors, malfunction of the same and, in general, other inconveniences that have their origin in causes beyond the control of Omigen Oncology Solutions, and/or due to a fraudulent or negligent action of the Customer and/or due to fortuitous events or force majeure. Without prejudice to the provisions of Article 1105 of the Civil Code, the concept of Force Majeure shall be understood to include, in addition, and for the purposes of these General Conditions, all events beyond the control of Omigen Oncology Solutions, such as: failure of third parties, operators or service companies, acts of Government, lack of access to third party networks, acts or omissions of the Public Authorities, those others produced as a result of natural phenomena, blackouts, etc and the attack of hackers or third parties specialized in the security or integrity of the computer system, provided that Omigen Oncology Solutions has adopted reasonable security measures in accordance with the state of the art. In any case, whatever the cause, Omigen Oncology Solutions will not assume any liability for direct or indirect damages, consequential damages and/or lost profits.

Omigen Oncology Solutions excludes any liability for damages of any kind that may be due to the lack of truthfulness, accuracy, completeness and/or timeliness of the Services transmitted, disseminated, stored, made available or received, obtained or accessed through the Website as well as the Services provided or offered by third parties or entities. Omigen Oncology Solutions will try as far as possible to update and rectify any information hosted on its Web Site that does not comply with the minimum guarantees of accuracy. However, Omigen Oncology Solutions shall be exonerated from liability for failure to update or rectify such information, as well as for the content and information contained therein. In this sense, Omigen Oncology Solutions has no obligation to control and does not control the contents transmitted, disseminated or made available to third parties by Customers or collaborators, except in cases where so required by law or when required by a competent judicial or administrative authority.

Similarly, Omigen Oncology Solutions excludes any liability for damages of any kind that may be due to the presence of viruses or the presence of other harmful elements in the contents that may cause alterations in computer systems as well as in the documents or systems stored therein.

Omigen Oncology Solutions is not responsible for the use that the Customer makes of the Services of the Web Site or its passwords, as well as any other material of the same, infringing the intellectual or industrial property rights or any other right of third parties.

The Client agrees to indemnify Omigen Oncology Solutions, for any damages, losses, penalties, expenses (including, without limitation, attorneys' fees) or civil, administrative or any other type of liability that Omigen Oncology Solutions may suffer that is related to the breach or partial or defective compliance by the Client with the provisions of these General Conditions or the applicable legislation, and, in particular, in relation to its obligations regarding the protection of personal data contained in these conditions or established in the LOPD and development regulations.

LINKS TO OTHER WEBSITES

Omigen Oncology Solutions does not guarantee or assume any liability for damages suffered by access to third party services through connections, links or links of the linked sites or the accuracy or reliability of the same. The function of the links that appear in Omigen Oncology Solutions is exclusively to inform the Client about the existence of other sources of information on the Internet, where he/she can expand the Services offered by the Portal. Omigen Oncology Solutions will in no case be responsible for the results obtained through these links or for the consequences arising from access by Customers to them. These third party Services are provided by third parties, so Omigen Oncology Solutions cannot and does not control the legality of the Services or their quality. Consequently, the Customer must exercise extreme caution in the evaluation and use of the information and services existing in the contents of third parties.

APPLICABLE LAW AND JURISDICTION

For any interpretative or litigious issues that may arise, Spanish law shall apply and in case of dispute, both parties agree to submit to the jurisdiction of the Courts and Tribunals of the city of Madrid, waiving any other jurisdiction that may correspond to them.