BioPortfolio Terms and Conditions
These are the terms and conditions for BioPortfolio.com and all associated websites.
1. These Terms
Welcome to the www.BioPortfolio.com website. These are the terms and conditions (“Terms”) which govern your use of the www. BioPortfolio.com website or any of the 'BioPortfolio' branded microsites (“Site”).
These Terms apply regardless of whatever user device you are using (including PC, server, desktop, laptop, smart device or mobile web browser, digital television, mobile phones, automobile-based personal computers, handheld digital devices, and any other technology whether now known or developed in the future) (“Network”).
You will be deemed to have agreed to be bound by these Terms when you use, access or browse the Site, register your details with us, submit an email or comment or computer file, subscribe for email or online services, or, sumbit any content or material on the Site.
For the purposes of these Terms: "Content" includes all or part of any material, text, graphics, layout, logos, images, audio material, films or other moving images, product details and/or software published or otherwise available on the Site from time to time (including, anything made available for download); "including" and its derivations mean "including, without limitation"; and "Trade Marks" means the trade marks, logos and service marks (whether or not registered) displayed on the Site.
2. Changes to these Terms
We may change these Terms from time to time. Please check these Terms regularly as any changes are effective immediately upon posting to the Site.
3. About us and our business
The Site is operated by or on behalf of BioPortfolio Limited ("BioPortfolio", "we" or "our"). We are a company registered in England and Wales with the company registration number 3312883. Our registered office address is Stafford House, Prince of Wales Road, Dorchester, DT1 1PW, United Kingdom and our VAT number is GB 744 6483 10.
Access to our email services and to some areas of the Site is restricted to users who have registered their details with us. You must not use a false name or email or provide any false information nor impersonate another person when registering for use of the Site and our email services. If you have a password for registration, you shall not share or disclose it to any third party, nor allow any third party to use your password to gain access to the areas and services for registered users. We may refuse or remove or suspend your registration at any time.
5. Intellectual Property
We are the owner or the licensee of all intellectual property rights in the Site the Content and the Trade Marks. Subject to these Terms, we grant you a limited, temporary, revocable, and non-exclusive licence to access, browse and use the Site (including the Content and Trade Marks) in accordance with paragraph 6 below.
6. Access and use of the Site
You may use the Site for personal non-commercial use only. You may only download and print extracts of the Content for your own personal non-commercial use.
You may not:
(1) download or print any Content or extracts in a systematic or regular manner or otherwise so as to create a database in electronic or paper form comprising all or part of the Content from the Site; nor
(2) reproduce, republish, modify, archive, distribute, store, archive or commercially exploit the Content without our prior written consent; nor
(3) modify or adapt or create derivative works of the Content; nor
(4) utilise links to this website received as part of a paid-for media monitoring service; nor
(5) systematically forward links to this website within a business or outside a business for business purposes; nor
(6) copy or extract data from this website by means of robots, spiders, crawlers or other automatic devices or by any manual process used to systematically extract or copy web content.
Any such use of this website or the content is prohibited.
At all times when you are accessing, browsing or using or registering for use of the Site, you must do so lawfully and legitimately and without infringing or restricting anyone else’s rights or use and enjoyment of the Site. In particular, you must not use the Site in a manner or upload any Content or link to any Content which is false, fraudulent, inaccurate or misleading, obscene, offensive, defamatory, abusive or in breach of any third party rights (including intellectual property right).
At any time without notice and in our absolute discretion, we may permanently or temporarily terminate, suspend or deny your access to the Site. At any time without notice and in our absolute discretion, we may remove or edit any Content on the Site. To the fullest extent permitted by law, in both cases none of BioPortfolio, its directors, employees or other representatives have any liability to you whatsoever for any loss or damage arising from such removal or editing or any restriction or hindrance to your use of the Site, email services or password.
7. Submission and Publishing of Content
If you submit Content to us for publishing on the Site, you agree:
(1) to grant us a royalty free, worldwide, perpetual license to use, copy, distribute, publish, republish, store, archive, syndicate, sub-license, transmit, adapt, edit, create derivative works from, perform, exercise publicity and copyright rights in relation to such material (including any ideas, concepts or formats) in any manner and in any format and/or media;
(2) to any moral rights in the Content submitted;
(3) that we may disclose your identity to any third party making any claim or assertion of any kind in relation to your Content; and
(4) that we may monitor your use of the Site and any communications made via the Site.
In submitting Content to us, you warrant that any Content you submit:
(5) is your own original work and that you own the copyright and any other relevant rights;
(6) is not obscene, threatening, menacing, offensive, defamatory, abusive, in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright) or otherwise in breach of or violates any applicable law or regulation or code, and you shall indemnify us and keep us fully indemnified against any third party liabilities, claims, costs, loss or damage we incur as a result of publishing material you submit to us, including consequential losses.
We may choose to publish or not publish any Content you submit to us and exercise our rights in relation to that material in our absolute discretion.
We accept no liability for any Content submitted by you or other users and third parties. We do not vet or pre-screen any Content that you or other users and third parties have submitted to the Site, however we reserve the right to remove, at any time and without reason or prior notice or any liability any Content submitted by you or other users and third parties.
8. Data Protection and Privacy
Most of the online sales and other e-commerce services available via the Site are provided either by BioPortfolio as an agent or reseller for third party suppliers or directly by third parties via websites that are framed on the Site.
However, for some goods and services (such as the publication of press releases, events, profiles etc, or the licensing of email and address lists) we act as principal meaning that the resulting legal contract for the goods or services in question will be made directly between you and us. Where we act as principal, specific terms and conditions will apply to any resulting online sales and these will be drawn to your attention before the sale is complete.
Where we act as agent or reseller (for example management reports or conferences) for third party suppliers or where we frame third party websites, the following applies:
(1) the contract for the goods or services in question will be made directly between you and the relevant supplier. In most cases this will mean that there will be separate terms and conditions governing the contract as each supplier will have its own terms and conditions relating to the supply of those goods or services. Please make sure that you have read the relevant supplier's terms and conditions before completing your transaction. You can obtain a copy of the relevant supplier's terms and conditions by contacting the supplier directly; and
(2) we have no contractual liability to you in respect of the goods or services provided by the third party supplier. We may, however, still be liable to you if we have been negligent, if we have misrepresented important information or if we have been in breach of any other relevant law.
Please review our terms and conditions of sale.
10. Third party links
The Site contains hypertext links to third party websites. We are not responsible for, nor do we endorse in any way such third party websites or their content. If you decide to access any of the third party websites linked to the Site, you do so entirely at your own risk.
11. Advertising and Sponsorship
Parts of the Site contain advertising and sponsorship. Advertisers and sponsors are solely responsible for ensuring that material submitted for inclusion on the Site complies with all legal and regulatory requirements and does not contain any Content which is objectionable including, without limit, information which is defamatory, obscene, threatening or untrue. We are not responsible for any such material or any error or inaccuracy contained in such Content and any issues which you may have should be raised directly with the relevant advertiser or sponsor.
BioPortfolio.com contains contextual affiliate links from which we may potential earn revenue. However, the content of our articles are never influenced by advertisers or an affiliate, nor are they written for the purpose of promoting a product. Where Brand Names or Registered Trademarks are mentioned they are for information pirposes only - BioPortfolio has no vested interest in any products refered to on the Site.
BioPortfolio use Google and other third-party advertising companies to serve ads when you visit our Site. Please note that we do not endorse any of the products featured in these adverts. In no event shall BioPortfolio Limited or BioPortfolio be responsible for the content, accuracy or opinions expressed in these advertisements or in the websites that these advertisements click through to.
BioPortfolio hosts Google sponsored ads and links. We do not control Google ads content and our editorial content is free of any commercial influence.
Please review our Advertising Agreement.
12. Exclusions and limitations of liability
All information and/or data on the Site is provided on an "as is" basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Site or the Content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose.
Neither BioPortfolio nor any of its data providers or affiliates gives any warranty or guarantee relating to availability of the Site or that the Site and/or our operation of it, the Content or the server that makes the Site available are error or virus free or free of other harmful components or that your use of the Site and/or the Content will be uninterrupted.
You agree that BioPortfolio, its directors, employees, agents or other representatives, data providers or affiliates will not be responsible or liable (whether in contract, tort or otherwise), under any circumstances for any amount or kind of loss or damage (including without limitation, any direct, indirect, punitive or consequential loss or damages, or any anticipated loss of profit, loss of profit, loss of opportunity, loss of data, costs and fines and/or any special or incidental damages of any kind) that may result to you or a third party arising from or connected in any way to:
(1) interruption of business; or
(2) access or other delays, terminations, suspensions, denials or access interruptions to the Site; or
(3) data non-delivery, data misdelivery, data corruption, destruction of data or other modification of data; or
(4) third party website links on the Site; or
(5) reliance on the information contained on the Site; or
(6) computer viruses, system failures or malfunctions which may occur in connection with your use of the Site; or
(7) any inaccuracies, omissions or misleading, false or deceptive statement in the Content; or
(8) events beyond our reasonable control.
(9) user generated content, for example /search/ pages where users have submitted keywords to the Google Custom Search resulting in a new dynamically created page.
Notwithstanding any provision of these Terms, BioPortfolio does not exclude or limit its liability for:
(1) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or
(2) fraudulent misrepresentation; or
(3) any liability which it is not lawful to exclude either now or in the future.
We are not authorised by the Financial Services Authority of England. The information and/or data on the Site is provided by us and our data providers for your general information only and use and is not intended for trading purposes or to address your particular financial or other requirements. In particular, the information and/or data on the Site:
(1) does not constitute any form of advice (financial, investment, tax, medical, legal or otherwise); and
(2) does not constitute any inducement, invitation or recommendation relating to any of the products listed or referred to; and
(3) is not intended to be relied upon by you in making (or refraining to make) any specific investment or other decisions; and
(4) has not been issued or approved by BioPortfolio for the purposes of section 21 of the Financial Services and Markets Act 2000 (as amended from time to time).
APPROPRIATE EXPERT INDEPENDENT ADVICE SHOULD BE OBTAINED BEFORE MAKING ANY INVESTMENT OR OTHER DECISIONS.
The Site contains medical and pharmaceutical news, and data, supplied for general information purposes only. The Site is developed for healthcare professionals and the general public.
The Content contained within the Site do not constitute medical or pharmaceutical advice, which should be sought from qualified medical and pharmaceutical advisers. BioPortfolio do not answer any medical questions of any kind, in any format, nor any questions relating to medications. Any views expressed by third parties in any Content published on the Site do not reflect the opinions, in any way, of BioPortfolio Limited or its staff. Descriptions of, or references to, products or publications does not imply endorsement of that product or publication.
Nothing in this Site should be used in place of personal medical advice from your own qualified medical practitioner.
Please review our Medical Disclaimer.
You will indemnify and will keep indemnified BioPortfolio and its data providers and affiliates on demand against all claims, costs, proceedings, demands, losses, damages, expenses (including legal expenses) or liability whatsoever arising directly or indirectly as a result of:
(1) any breach of these Terms by you; or
(2) your fault, negligence or breach of statutory duty; or
(3) your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure (whether owned by, leased or licensed to us) or that of any of our Suppliers.
Any contractual or legal relationship between you and BioPortfolio will be concluded in English.
All notices shall be given by e-mail to us at firstname.lastname@example.org or, to you at either the e-mail or postal address you provide during the registration process (if any). Notice will be deemed received 24 hours after e-mail is sent or 3 days after the date of posting.
These Terms (together with any variations to them pursuant to section 2) form the entire agreement between the parties concerning your access to, browsing and/or use of the Site and supersede all prior agreements, arrangements, understandings and representations made between us (whether written or oral) concerning the Site.
The licence granted under this agreement is personal to you and may not be assigned, transferred or sub-licensed (in whole or in part) without our prior written consent.
Nothing in these Terms is intended to or shall operate to create a partnership or joint venture of any kind between us or to authorise either of us to act as agent for the other, and neither of us shall have authority to act in the name or on behalf of or otherwise to bind the other in any way (including but not limited to the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
If the whole or any part of any provision of these Terms is or becomes invalid, void or unenforceable for any reason the same shall to the extent required be severed from these Terms and rendered ineffective so far as is possible without modifying the remaining provisions of these Terms and shall in no way affect the validity or enforceability of any other provisions.
No waiver by BioPortfolio of any breach of these Terms shall constitute a waiver of any other prior or subsequent breach and BioPortfolio shall not be affected by any delay, failure or omission to enforce or express forbearance granted in respect of any of your obligations.
The rights and remedies of BioPortfolio under these Terms are independent, cumulative and without prejudice to its rights under the law.
These Terms are not intended to create and shall not create any rights, entitlements, claims or benefits enforceable by any third party by virtue of the Contracts (Rights of Third Parties) Act 1999.
These Terms and/or your use of the Site shall be governed by and construed in accordance with English law and the English Courts shall have exclusive jurisdiction over any dispute which may arise.
Last updated: February 22rd 2013