TERMS OF USE
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General Information
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The website www.stec-husstudy.com/ (hereinafter, the “Website”) owned by Insud Pharma, S.L. and managed by Chemo Research, S.L. (hereinafter, “Chemo”), company incorporated under Spanish law with Entity Number B-86315231and located in Manuel Pombo Angulo, 28, 3ª floor 28050 Madrid, Spain, registered in the Commercial Registry of Madrid, Page M-566584, Volume 31.477, Sheet 70
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Chemo, and all the subsidiaries located in Spain, EU or third countries and dedicated to pharma sector are globally known as Insud Pharma group (hereinafter, “Insud Pharma Group”). Please find additional information about Insud Pharma Group here.
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Chemo welcomes you, and strongly recommends carefully reading the following terms of use which explain the conditions that will be applicable to your navigation through the Website in accordance with the provisions of the applicable regulation (hereinafter, the “Terms of Use”). Chemo may modify this Terms of Use in the future. Therefore, we recommend you 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 Chemo by email, sending your request to dataprotection@insudpharma.com
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Object
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Chemo provides the contents and the services available on the Website which will be governed by these Terms of Use and the Cookies and Privacy Policy. Users may access the Website freely and free of charge.
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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. Chemo 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.
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The purpose of this Website is to provide information with regard to the development of clinical trials and research activities conducted by Chemo. Under no circumstances is the object of the Website to invite, advise, recommend Users their enrolment in clinical trials nor suggest taking specific health decisions. The Website is intended for Users who are healthcare professionals. In no case the information provided on the Website is intended for the general public or non-health professionals.
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Access and Use of the Website
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The User is aware and expressly and voluntarily accepts that using the Website will be at his own risk and responsibility. Chemo adopts reasonably adequate security measures to detect the existence of a virus. However, the User must be aware that the security measures of computer systems on the Internet are not entirely reliable and that, therefore, Chemo cannot guarantee the inexistence of a virus or other elements that may cause alterations in the User's computer systems (software and hardware) or in their electronic documents and files contained therein.
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Website Content
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Chemo offers the User the following possibilities:
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Access detailed information about the disease and the clinical studies developed by Chemo;
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Access detailed information about the specific sites and clinics participating in the study;
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Contact with Chemo through the contact means enabled on the Website.
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Know the conditions of the Website through the through the Privacy Policy, Cookies Policy and these Terms of Use.
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Use of the Content
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All information provided by the User must be accuracy. The User guarantees the authenticity of all data provided during the use of the Website. The User will be responsible to keep all information provided to Chemo permanently updated so as to inform about the real situation of the User. In any case, the User shall be solely responsible for any false or inaccurate statements made and the damages caused to Chemo or third parties for the information provided.
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The User undertakes to use the content made available on the Website, meaning, but not limited to, texts, photographs, graphics, product information, images, icons, technology, software, links and other audiovisual or sound content, as well as graphic design and source codes (hereinafter, the "Content"), in accordance with the law, these Terms of Use, and other notices, regulations of use and instructions made known to them, as well as morality and generally accepted good customs and public order.
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The User shall refrain from obtaining or even attempting to obtain the Contents, using means or procedures other than those which, as the case may be, have been made available for this purpose or have been indicated for this purpose on the Intranet where the Contents are located or, in general, those which are usually used on the Internet for this purpose, provided that they do not entail a risk of damage or disablement of the Intranet and/or the Contents.
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Privacy and Cookies Policy
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Personal data provided by User within the use and access to the Website will be processed in accordance with the General EU 2016/679 Data Protection Regulation and the purposes defined in the Privacy Policy. Please, carefully read this Privacy Policy before accessing the Website.
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Intellectual Property
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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, which are the exclusive property of Chemo or Insud Pharma Group. Therefore, the User agrees to not reproduce copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Chemo or Insud Pharma Group harmless from any claim arising from the breach of such obligations.
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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 does 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 Chemo, or by the third-party owner of the affected rights.
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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. Chemo reserves in any case the exercise of any legal actions in defence of its intellectual and industrial property legitimate rights.
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User’s Obligations and Responsibilities
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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.
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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 on 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 Chemo related to the information provided.
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The User must also refrain from:
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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;
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Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;
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Causing damage to the physical or logical systems of the Website, its suppliers or third parties;
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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 Chemo or third parties;
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Attempting to access, use and/or manipulate Chemo 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;
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Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Chemo, 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;
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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;
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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:
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In any way, is contrary or violate the fundamental rights and freedoms recognized by the laws, International Treaties and any other valid and applicable legislation;
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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;
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Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;
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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;
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Induce or may induce to an unacceptable state of anxiety or fear;
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Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;
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Is protected by the intellectual or industrial property legislation belonging to Chemo without having authorized the intended use;
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It is contrary to honour, personal and familiar privacy or people' s own image;
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Constitutes any type of non-consensual advertising;
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Include any virus or program that prevents the normal use of the Website
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Limitation of Liability
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Chemo 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.
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Chemo 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. Chemo is not responsible for the decisions that may be adopted as a result of access to contents or information offered through these linked sites.
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Chemo 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. Chemo 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:
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Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the operation of the electronic system, caused by deficiencies, overloads and errors in the telecommunications lines and networks, or any other cause external to the control of Chemo;
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Illegitimate intrusions through the use of malicious software of any kind and by any means of communication, such as computer viruses or any other means;
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Improper or inappropriate abuse of the Website;
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Security or navigation errors caused by browser malfunctions or the use of non-updated versions of the browser.
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Chemo excludes any liability for damages of any kind that may be due to the misuse of the services of free availability and use by Users of the Website. In addition, Chemo is exonerated from any liability for content and information that may be received as a result of an illicit or incorrect use of these services.
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Chemo is not responsible for the content and opinions of third parties or for the information contained on third party websites that can be accessed through links or search engines on the Website, since the function of these is to inform the User about the existence of other sources of information on the subject on the Internet, where he/she can expand the data offered on this Website, and in any case it is not a suggestion, invitation, recommendation about them or an invitation to participate or take health care decisions. Therefore, Chemo shall not be responsible for the results obtained through these hypertext links.
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Chemo does not voluntarily collect or request from Users personal information or specific data about their personal or medical situation, nor health decisions taken. Therefore, it shall be under the sole responsibility of the Users to ensure the security and privacy of the information that may be provided to Chemo in this regard, exempting Chemo from any liability arising from its processing or access.
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Chemo has no obligation to control the use that Users make of the Website and the Content and, indeed, Chemo does not control the use of the Website and the Content. In particular, it does not guarantee that Users use the Website and the Content in accordance with this Terms of Use, or that they do so in a diligent and prudent manner. Chemo has no obligation to verify the identity of Users, nor the veracity, validity, completeness and/or authenticity of the data that Users provide about themselves to other Users and, indeed, Chemo does not verify the identity of the same.
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Chemo excludes any liability for damages of any kind that may be due to the use of the contents by users or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that Users provide to other Users about themselves and, in particular, but not exclusively, for damages of any kind that may be due to the impersonation of a third party by a User in any kind of communication made through the Website.
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Indemnity of Chemo
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The User shall protect, indemnify and hold Chemo harmless from any loss or damage arising from claims, actions or demands of third parties as a result of its use of the Website. In addition, the User shall indemnify Chemo 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.
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Access to the services or contents provided through the Website will be made under the exclusive responsibility of the Users. The Website is not intended for minors or non-health professionals, who refrain from access the Website.
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 Chemo related to the breach.
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Change of Control
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In the event that Chemo is acquired by or merged with a third-party entity, Chemo 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.
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The third entity shall comply with the requirements stated by Chemo in the Terms of Use and in the Cookies and Privacy Policy.
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International Use of the Website and Language
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The use of the Website by Users from any country other than Spain is entirely at their own responsibility. In this sense, the User is exclusively responsible for ensuring compliance with the laws of the country from which he/she accesses the Website.
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Furthermore, Users have the possibility that these conditions have been translated into several languages to ensure that they can be read and understood by all Users who may access the Website. However, Users are aware, and accept, that the original version is in Spanish and that, consequently, in the event of discrepancies or contradictions with the other versions, these versions shall prevail. Furthermore, regardless of the language, the User accepts that these conditions are subject to Spanish law.
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Changes in the Terms of Use
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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.
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Nullity and Inefficiency of the Clauses
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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.
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Governing Law and Jurisdiction
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The relationship between Chemo and the User will be governed by the provisions of regulation in force and applicable legislation. The parties submit for the resolution of conflicts to the courts and tribunals that may correspond by law.
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Contact Information
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The User may contact us and Chemo Data Protection Officer at the following email address dataprotection@insudpharma.com