LEGAL NOTICE
TERMS AND CONDITIONS OF USE
1. INTRODUCTION
“Certest Biotec, S.L.” is a commercial company with Spanish nationality whose headquarters is at Polígono Industrial Rio Gallego II, C/J nº 1., CP 50840- San Mateo de Gallego (Zaragoza). Its T.I.N./V.A.T. code is ESB50946854 and is registered in the Commercial Registry of Zaragoza, in Volume 2881, folio 40, section 8, page Z-32629 (hereinafter referred to as “Certest”). This company is the owner of the webpage https://www.Certest.es.
Your contact data are legal@certest.es. 976.520.354.
The company consists of several Business Units, each of which performs its activities independently. Moreover, it is possible that some of the Units may have their own websites which can be accessed both through the Certest website as well as independently through the URL of each unit.
All Certest websites, whether this website or any other website or subdomain of Certest, are subject to these terms and conditions of use, regardless of the Business Unit that manages them (all of them hereinafter are referred collectively as the “Website”).
2. PURPOSE AND SCOPE
The purpose of this Legal Notice is to establish the legal terms and conditions for access, browsing, and use of the Website and its contents (hereinafter referred to as the “Terms”).
In this context, “user” refers to any individual who uses, accesses, browses, or utilizes the services and activities available on the Website, whether they are free of charge or not.
Similarly, the term “content” will be understood as including, without limitation, texts, graphics, drawings, designs, codes, software, photographs, music, videos, audiovisual works, sounds, databases, images, expressions and information, as well as any other work or creation protected by national law and international treaties regarding intellectual and industrial property.
As a user of the Website, you will have access to a variety of information, services, content, and data, which will be made available to you, free of charge. Certest reserves the right to change the presentation, configuration, and location of the Website as well as its contents, products, and services at any time.
3. ACCEPTANCES OF LEGAL TERMS AND CONDITIONS
Using the Website in any way entails or implies acceptance by the user of the Terms as stated in this Legal Notice. Certest reserves the right to make changes at any time. In addition, without renouncing the right to accept or reject the installation of Cookies on the Website, or the right to process personal data of users subject to their consent, which are subject to the Cookie Policy and Certest Privacy Policy, respectively.
Therefore, each user is responsible for reading the Terms of the Website each time they access it.
You should refrain from visiting and/or using this Website if you do not agree with its Terms.
4. WEB CONTENT USE
The user undertakes to comply with these Terms and any special warnings or instructions for use contained in them. In addition, the user undertakes to always adhere to the law, morals, good customs, and the requirements of good faith and established public order. By using the Website, the user agrees to proceed with due diligence and refrain from doing anything that could prevent, damage or deteriorate the normal operation of the Website, Certest, other users, or third parties in general.
There is information on the Website that has been prepared by Certest solely for informational purposes.
Unless otherwise stated, and as long as the user meets all the obligations outlined in these Terms, the user is authorized to see, copy, print, and distribute (but not modify) the contents of this Website, provided that: (i) the use is for non-commercial purposes, and (ii) whenever the content is reproduced or shared, a notice of Intellectual Property, or other attribution associated with it, indicating that Certest owns the reproduced and/or shared material must be included, necessarily and without exception. Users are required to respect the integrity of the content, information, and services available on the website at all times.
However, the user is not authorized to copy, use, modify, adapt, distribute, or publicly communicate any software, proprietary technology, or proprietary processes described or incorporated in this Website.
It is the user’s responsibility to comply with all applicable laws regarding accessing and using this website.
5. INTELLECTUAL AND INDUSTRIAL PROPERTY
Except stated otherwise, the content of this Website is provided by Certest, the entity who owns the rights to utilize said content.
In accordance with European and American laws, this Website and its content are protected by intellectual property rights. Certest reserves all rights not expressly granted in these terms and conditions. Access to the website does not imply any type of waiver, transmission, license, or total or partial assignment of the rights involved.
Certest, Certest Biotec, Certest bioSCIENCE, Certest Rapid Test, Turbilatex, VIASURE Real Time PCR Detection Kits, Certest CLIA, Certest VACCINES, BioSynProbes, and all logos created by Certest, S.L. and its group of companies, as well as all language variations of the above-mentioned brands and certain product names appearing on this website (collectively referred to as “Certest Brands”) are trademarks or registered trademarks of Certest Biotec, S.L. The use of any of these “Certest Brands”, whether alone or in combination with other words or design elements, in marketing or communication, whether written, spoken, electronic, visual or any other method, is prohibited, except as expressly stated in these terms of use. This includes press releases, advertisements, and all other promotional material.
The use of trademarks belonging to third parties on this website is for identification purposes only, and does not imply endorsement of the content or the website. This agreement does not grant any right to use brands belonging to third parties.
Other than the rights expressly provided for and expressly granted herein, these Website Terms do not grant users any additional rights to use, transform, exploit, reproduce, distribute, or public communicate the Website or its Contents. Unless otherwise authorized by Certest or the third-party owner of the rights affected, any other use or exploitation will be subject to prior and express authorization.
6. PERSONAL DATA PROTECTION
A number of the services require users to provide certain personal data in advance, including use of the contact form and submission of a curriculum vitae. As a consequence, Certest is committed to protecting the personal data concerning users in accordance with all data protection regulations.
In any case, Certest guarantees that (i) it will make available to the user the information required by the applicable data protection regulations, which will be carried out before the user is provided with the information; and (ii) it will request their consent, clearly and affirmatively, for those processes requiring it. Through the following link, users can access Certest’s Privacy Policy to learn more about the data protection information applicable to this Website.
Furthermore, the user ensures Certest that the personal data provided by them is accurate and their own, and in no way violates the rights or freedoms of others. Nevertheless, if the user provides Certest with personal information from third parties, the user guarantees that the third party has been informed about Certest’s Privacy Policy and that they have previously given their consent to the transfer of their personal information to Certest.
Similarly, Certest informs the user that it uses information recovery and storage devices (“Cookies”) through this Website, so long as the user authorizes the use of these cookies for those categories that, due to their purpose, require their prior consent. In all cases, the user can access to the Cookie Policy through the following Link.
Users may obtain information regarding the processing of their personal data and/or the installation and use of Cookies by contacting legal@certest.es
7. RESPONSIBILITIES AND GUARANTEES
The purpose of this Website is to provide general information only, and not to (i) provide any services other than access to this Website, (ii) acquire products generally, or (iii) serve any other purpose other than that of serving as an information source.
Access to this Website is provided, in principle, on an indefinite basis.
However, Certest does not guarantee continued access, nor does it guarantee correct display, downloading or use of the elements and information contained on the Website if certain factors or circumstances are preventing, hindering or interrupting the access. In the event that Certest detects the use of its Website or any of the services available on it in violation of these Terms, it may cease the service or terminate the relationship with the user immediately.
In this regard, Certest disclaims any responsibility for damages, losses, claims, or expenses resulting from:
- 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 outside the control of Certest;
- Using malicious programs of any kind or by any means of communication, such as computer viruses or any other means, in order to make illegal intrusions into the system;
- The improper or inappropriate use of the Certest website;
- Experiencing security or navigation errors when the browser is malfunctioning or when the browser is not updated. Any content or information on the Website may be withdrawn, either fully or partially, at any time by the Certest administrators.
Using this Website is at the user’s own risk, and the user accepts all responsibility and risk associated with its use, including expressly, without limitation, the loss of services or information. Certest shall not be liable for any direct, indirect, incidental, consequential or punitive damages, or any other damages, whether caused by the performance of a contract, clause, or any other action in connection with, or as a result of, use of the Website, even if such damages were reasonably foreseeable.
Additionally, Certest does not bear any responsibility for the information or content that may be gathered as a result of the data collection forms.
In spite of the foregoing, Certest declares that all necessary measures are taken and will be taken, where appropriate, within the capabilities of the company and within the limits of technology, in order to ensure that the Website functions correctly and that viruses and other harmful components are not transmitted to Users.
There may be links on this Website that direct to third-party web pages, resources and tools that are not under the control or authority of Certest. It should be noted that Certest does not provide any guarantee, either tacitly or expressly, regarding the content of said websites, nor the resources or tools that are available on those websites as well as the links they provide. These resources, content, and tools should not be viewed as being endorsed by Certest or by any other third party.
Furthermore, the aforementioned exemptions and limitations of liability will apply to any Certest entity and its employees as well.
All exemptions and limitations of liability stated above are applicable to the fullest extent allowed by law.
If, however, the Contents or services of this Website are illegally accessed or used, the user will be responsible for any damages caused and Certest may seek compensation.
8. ADDITIONAL TERMS
It is possible for Certest to make changes to these terms of use at any time, unilaterally and without notice, by posting those revisions on this website in the terms of use section or elsewhere thereon. Unless otherwise stated, all such revisions will be effective upon posting. In accordance with section 3 herein, the mere act of accessing or using the Website thereafter implies acceptance of the Terms in force at the time. Consequently, it is the responsibility of the user to review the Website and to be aware of any revisions to its terms of service.
Certest shall not be liable in the event that it is unable to provide access to the Website for any reason due to extended interruptions of the power supply, telecommunications lines, social conflicts, strikes, rebellions, explosions, flooding, acts and omissions of the Government, or, in general, all cases of force majeure, in accordance with current legislation and its jurisdictional application.
The company reserves the right to take any legal action necessary in the event that it detects, by any means, a breach of these Terms or improper use of the website. Certest’s failure to exercise or enforce any right or provision provided for in these Terms shall not be construed as a waiver of that right or provision.
In the event a jurisdiction invalidates or finds these terms and conditions unenforceable, in whole or in part, the remainder of these terms and conditions will remain in full force and effect. Moreover, all of these terms of use will remain in full force and effect in any other jurisdiction if this occurs.
Whenever a controversy arises related to these Terms, including any question relating to their existence, validity, interpretation, compliance or termination, such shall be resolved conclusively through arbitration under Spanish Law, presided by the Arbitration Court of Madrid’s Chamber of Industry and Commerce, in accordance with the Arbitration Rules of this Chamber at the time the arbitration request was submitted.
Update date: December 2022.
