LEGAL NOTICE AND GENERAL TERMS AND CONDITIONS OF USE
This legal notice (hereinafter, the “Legal Notice”) regulates the use of the website www.brillpharma.com, as well as all subdomains and directories included therein (hereinafter, collectively referred to as the “Website”).
1. Identification of the owner of the Website
In compliance with Spanish Law 34/2002, of July 11, on Information and Electronic Commerce Services, and the applicable regulations on electronic commerce that develop or complement it, we inform you that this Website is owned by Brill Pharma S.L. (hereinafter, the “Company”) with registered office at C/ Munner, 10, 08022, Barcelona, Spain, with Tax Identification Number B-65665267, duly registered in the Mercantile Registry of Barcelona, Volume 42906, Folio 65, Section 8, Page B-418373, and whose contact e-mail address is info@brillpharma.com.
If you wish to contact the Company, you may do so at the above address or by calling +34 934170911.
2. User and Terms and Conditions of Use
This Website is governed by Spanish law, to which all individuals or legal entities who access the Website (hereinafter, the “User”), whether Spanish or foreign, expressly submit.
The information contained on the Website refers to the services offered by the Company in accordance with the regulations governing in Spain. This information is provided for illustrative and informational purposes only and does not constitute any obligation for Users.
Access to the Website by any User is free of charge and is conditional upon the prior reading and full, express, and unreserved acceptance of the Legal Notice and Privacy Policy applicable at the time of access to the Website.
All users agree to carefully read both the Legal Notice and the Privacy Policy. By using the Website or its contents or services, Users expressly accept and agree to be bound by the provisions of the Legal Notice and Privacy Policy and declare and guarantee that they will make proper use of the Website in accordance with the law, good faith, public order, traffic uses, and this Legal Notice. The User shall be liable to the Company or to third parties for any damages that may be caused as a result of a breach of this obligation. If the User does not agree with the Legal Notice or the Privacy Policy, they must immediately refrain from using or in any way operating on this Website.
Users accept that the presentation and configuration of this Website, as well as its services and content, may be modified or even deleted unilaterally and without prior notice, and the Company shall not be liable for the accuracy, insufficiency, or authenticity of the information provided.
3. Intellectual and industrial property
All industrial and intellectual property rights over the designs, texts, images, source codes and, in general, all the content of the Website—including, but not limited to, photographs, logos, designs, trademarks, trade names, databases, layouts, graphics, colors, tools, software, etc.—are protected by applicable intellectual and industrial property legislation and are the exclusive property of the Company or, where applicable, of third parties from whom the Company has obtained the corresponding operating license.
Therefore, their use, reproduction, transmission, transformation, modification, distribution, public communication, making available, extraction, reuse, exploitation, or use in any way by the User is strictly prohibited, except in cases where it is legally permitted or expressly authorized in writing by the Company, or as stipulated in these Terms and Conditions of Use.
Notwithstanding the foregoing, the Company grants Users a non-exclusive, non-sublicensable, non-transferable license to use the Website and the features, content, and other functions available, which shall be subject to the rest of the Website’s Legal Notice and applicable regulations.
The User is only entitled to make private and non-commercial use of the content, texts, and images included on the Website, without profit, and shall require the express authorization of the Company and/or, where applicable, the corresponding rights holder to modify, reproduce, exploit, distribute, or exercise any other right belonging to the rights holder.
The User acknowledges and accepts that the use of the Website does not imply the transfer of any industrial or intellectual property rights from the Company to the User, nor does it constitute any authorization for the creation of developments derived from the Website, except for the limited, non-exclusive, non-transferable, and free license granted to Users of the Website in accordance with these Terms and Conditions of Use.
The legitimacy of the intellectual or industrial property rights corresponding to the content provided, where applicable, by third parties to the Website is the sole responsibility of those third parties.
4. Conditions of access to the Website
Access to the Website is free of charge. The User guarantees the authenticity and accuracy of all data communicated to the Company and shall be solely responsible for any false or inaccurate statements made.
All Users must access the Website in accordance with good faith, applicable legislation, public order regulations, the Legal Notice, and the Privacy Policy. Specifically, the User agrees not to use the content and services of the Company and the Website for, among other things:
- Disseminating content that is criminal, violent, pornographic, racist, xenophobic, offensive, supportive of terrorism or, in general, contrary to current legislation, morality, good customs or public order.
- Transmitting or introducing computer viruses or any other harmful components that damage, limit, or harm the Website or any connected network or that interfere with the use by other Users, as well as performing actions that may alter, copy, damage, interrupt, modify, decompile, disassemble, reverse engineer, or generate errors or damage to the electronic documents, data or physical and logical systems of the Company or third parties; as well as granting licenses, leasing, selling, imitating, or hindering the access of other Users to the Website and its services.
- Attempting to access the e-mail accounts of other Users or restricted areas of the computer systems of the Company or third parties and, where appropriate, extracting information..
- Violating industrial or intellectual property rights (copyright and related rights, domain names, trademarks, trade names, industrial designs or models, etc.), as well as violating the confidentiality of the information of the Company or third parties and of personal data protection rights.
- Impersonating another User, Public Administrations, or any third parties.
- Reproducing, transmitting, copying, distributing, making available or in any other way publicly communicating, extracting, reusing, transforming, modifying or economically exploiting the content, unless authorized by the owner of the corresponding rights or it is legally permitted.
- Collecting data for advertising purposes and sending advertising of any kind and communications for sales or other commercial purposes without your prior request or consent.
- Using the Website, or part thereof, on other private or commercial websites, as well as making commercial use of the Website; or establishing hyperlinks to the Website or any of its content (unless expressly authorized in writing by the Company), refraining from making false, inaccurate, or incorrect statements or indications about the Company, or including content that is illegal, contrary to morality, good customs, and public order.
- Any other activities contrary to the law in force, these Terms and Conditions of Use, morality, good customs, or established public order, or for illegal, prohibited, or harmful purposes to the rights and interests of the Company or third parties.
Access to the Website is under the sole and exclusive responsibility of the User, who shall be liable in all cases for any damages that may be caused to third parties or to the Company.
Users shall be liable for any damages of any kind that the Company may suffer as a result of the User’s failure to comply with any of the obligations set forth in this Legal Notice or the Privacy Policy. Likewise, the User shall hold the Company harmless against any penalty, claim, or lawsuit that may be brought by a third party, including any public bodies, against the Company, its representatives, or employees as a result of the violation of any third-party rights or any applicable regulations by said User through their use of the Website in a manner contrary to the provisions of this Legal Notice.
The Company reserves the right to block or restrict access to certain services on the Website to any User who violates these Terms and Conditions of Use, the rights of third parties, or applicable law.
5. Service and warranty exclusions. Liability
a. Exclusions
Although the Company makes every reasonable effort to ensure that the information and content available on the Website is up to date and that the Website is available, it cannot guarantee that such information is up to date at all times and free of errors, nor can it guarantee a fast and uninterrupted use of the Website.
In any case, it should be considered that such information is only of a general nature and is for informational and illustrative purposes only, therefore, the Company cannot guarantee the completeness, suitability, accuracy, timeliness, validity, or integrity of this information.
In particular, but without this list being exhaustive, the Company is released, to the extent permitted by applicable law, from any liability for damages of any kind arising from the following cases:
- Technical failures that, due to fortuitous or other causes, prevent the normal functioning of the Website.
- Lack of availability of the Website, due to maintenance or other reasons, which prevents the service from being available.
- Lack of truthfulness, accuracy, completeness, and/or timeliness of the content, as well as the existence of vices and defects of any kind in the content transmitted, disseminated, stored, made available, or accessed through the Website or the services offered.
- Computer viruses and similar programs that may cause alterations to computer systems, electronic documents, or user data, or that are generated as a result of improper use of the Website.
- Interference by third parties in the service. Given the advances in technology, it is possible that third parties may hack into the Website and cause disturbances. Notwithstanding the technical measures that may be adopted to reduce this type of risk, the Website accepts no liability for any damage that may be caused to the User for this reason. Likewise, the Company is not responsible for the actions of third parties that violate industrial and intellectual property rights, trade secrets, rights to honor, personal and family privacy, and image rights, as well as regulations on unfair competition, data protection, and illegal advertising.
The Company also reserves the right to correct, improve, or modify the Website and the information contained therein, when it deems appropriate and without prior notice, as well as to suspend access to it in order to perform maintenance or improvements, and shall not be liable for the accuracy, insufficiency, or authenticity of the information provided.
b. Company warranty
The Website is presented as is and the Company does not guarantee that the services shall be provided without interruption or error, nor does it guarantee the results obtained from the use of the service.
The Company provides the service without warranties of any kind, either express or implied, including, but not limited to, warranties of title or implied warranties of satisfactory quality or fitness for a particular purpose or otherwise, except for those warranties that are implied and cannot be excluded, restricted, or modified under applicable law.
The Website does not generally control how Users use the Website. In particular, the Company does not guarantee under any circumstances that Users shall use the Website in accordance with the Law, these Terms and Conditions of Use, morality, generally accepted good customs, and public order, nor that they shall do so diligently and prudently.
c. Linked sites
This Website may contain links to other websites and incorporate information and/or services obtained from third parties, in order to facilitate the User’s access to information from entities collaborating with the Company. The Company declines any responsibility for the information contained in these external links that are outside this Website and are not managed directly by the Company.
The User understands that these other websites are independent of the Website and that the Company does not market, manage, or exercise any control over them, is not responsible for their content, operation, or the transmission received from said third parties, and shall not assume any liability, even indirectly or subsidiarily, for any loss or damage in relation to the use or reliance on the content, goods, or services available on said site or resource, nor does it guarantee the absence of viruses or other elements therein that may cause alterations to the computer system (hardware and software). The sole function of these links is for informational purposes, for the convenience of the User, who is responsible for reading and accepting the terms of use and privacy and cookie policies published on the linked websites or applications.
d. User warranties
The User guarantees that they use the Website at their own risk. By accessing the Website, the User agrees to use it in accordance with applicable laws and regulations and to accept these Terms and Conditions of Use and all of their conditions. The User shall be solely liable to the Company and/or third parties for any damage or harm that may be caused as a result of a breach of this obligation. In this regard, the Company is not responsible for any damage or alteration to the User’s equipment as a result of using the Website and is exempt from any liability.
The User is solely responsible for ensuring that their computer system has all the relevant and necessary technical specifications to use the Website.
6. Information and commercial advertising policy
The Company hereby undertakes not to engage in misleading advertising. To this end, formal or numerical errors that may be found throughout the content of the different sections of the Website, produced as a result of incomplete maintenance and/or updating of the information contained in these sections, shall not be considered misleading advertising. The Company, as a result of the provisions of this section, undertakes to correct such errors as soon as it becomes aware of them.
The Company undertakes not to send commercial communications without identifying them as such, in accordance with the provisions of Spanish Law 34/2002 on Information and Electronic Commerce Services. For these purposes, any information sent to the Company’s customers for the purpose of maintaining the existing contractual relationship between the customer and the Company, as well as the performance of information tasks and other activities related to the service that the customer has contracted, shall not be considered commercial communications.
If communications are received by these means (e-mails, automated form response messages, and other communication systems), we inform you that the messages are addressed exclusively to their recipient and may contain privileged or confidential information. If you are not the intended recipient, you are hereby notified that unauthorized use, disclosure, and/or copying is prohibited under current legislation.
In accordance with the provisions of Spanish Law 34/2002, of July 11, on Information Society and Electronic Commerce Services, and Directive 2002/58/EC, we inform you that if you do not wish to receive commercial communications and information through this electronic communication system, please let us know by the same means, indicating “UNSUBSCRIBE” in the subject line, so that your personal data can be removed from our database. Your request shall be processed within 10 days of its submission. If we do not receive an express reply from you, we will understand that you accept and authorize our company to continue sending you the aforementioned communications.
7. Data protection and cookies
The Company is committed to protecting the personal data of its Users and, therefore, shall only use it in accordance with the provisions of the Website’s Privacy Policy.
This Website uses cookies to manage browsing and other functions of the Website. Users shall find information regarding the use of own cookies in the Website’s Cookies Policy.
8. Updates to the Legal Notice
The Company reserves the right to modify the Legal Notice at any time, when it deems appropriate and without prior notice, and is not responsible for the accuracy, insufficiency, or authenticity of the information provided.
When significant changes are made to this Legal Notice, the Company shall publish the new version on the Website and shall notify Users via the Website, once they access it again, to give them the opportunity to review the changes.
Users must refrain from using the Website if they do not agree with the updates made to the Legal Notice.
If any provision or condition of this Legal Notice becomes or is declared illegal, invalid, or unenforceable for any reason, that condition or provision shall be deemed eliminated without prejudice to the applicability of the remaining provisions of this Legal Notice.
9. Applicable legislation and jurisdiction
These Terms and Conditions of Use are governed by Spanish law.
Any disputes that may arise from the application or interpretation of the Website and its Legal Notice or Privacy Policy shall be governed by Spanish law and shall be submitted to the Courts of Barcelona, or to those that are competent in accordance with current legislation, waiving any other jurisdiction.
The User, when acting as a consumer, may also submit any dispute arising from or related to these Terms and Conditions of Use to an alternative dispute resolution (“ADR”) procedure. The list of ADR platforms available from the European Commission can be found at the following link: https://webgate.ec.europa.eu/odr/main/index.cfm?event=main.home.chooseLanguage.
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