TERMS OF USE

The use of any of the sites of the portal www.BioProfe.com, including any of its subdomains and/or sections (hereinafter “BIOPROFE”), and the use of any services offered on BIOPROFE or download or purchase software in BIOPROFE implies full acceptance of these terms of use.

BIOPROFE is managed by SIOEDUC S.L. (hereinafter “SIOEDUC”); with registered offices at “c/ Faraday, 7 – Campus de Cantoblanco – UAM, 28049 Madrid, Spain”, for notification purposes; registered in the Mercantile Register of Madrid, tome xxx, folio xx, sheet J-xxxxx, xst inscription; with VAT number B23735269.

The user shall be fully responsible for any damages to SIOEDUC as a result of using BIOPROFE in breach of any of the provisions from any section of these Terms of Use or any other sections of BIOPROFE web site and agrees to hold harmless SIOEDUC and its directors, administrators and employees, agents and representatives from any liability that may be incurred as a result of such breach by the user.

1.- GENERAL TERMS OF USE APPLICABLE TO ALL BIOPROFE WEBSITE AND ALL PRODUCTS AND / OR SERVICES OFFERED OR SOLD.

1.1- Object of the general conditions of use:

SIOEDUC offers, or will be able to offer in the future, through BIOPROFE, the services, products and complementary user facilities listed below:

  1. Access service to several contents of software classified by categories. Among the access modalities to the download contents supplied by BIOPROFE, there is one free option and one Premium. Any option implies necessarily the download of the software from BIOPROFE servers with the greatest guarantee of availability and/or speed that it may need. In no case it involves the sale of a license or any intellectual property rights on the program whose use is subject to the license conditions and/or restrictions imposed by the author or owner of the intellectual property rights.
  2. Direct e-mail services to inform about news and updates.
  3. Sending periodic newsletters with updates and relevant information about the sector or BIOPROFE to the registered users.
  4. SIOEDUC may, in future, provide additional services or facilities, whether or not for free.

1.2 Responsibility for the process and use of the contents:

BIOPROFE reserves the right, without previous notice, to make the modifications considered appropiate in this web page, being able to change, delete or add content and services provided and also the way in which they are presented or located in this website.

BIOPROFE reserves the right to modify or update these Terms of Use and Privacy Policy at any time without notice. In such cases the changes will be announced on this page. Using our services, once communicated this change, involves acceptance thereof.

BIOPROFE does not guarantee the quality, accuracy, reliability, correction or morality of the data, programs, information or opinions included in the website and especially those expressed or introduced by users in the forums or opinions. Nevertheless, the users will be able to report supposed abuses or illegitimate uses of the website to allow BIOPROFE to check the corresponding content.

It is a responsibility of the user to verify, before downloading any app, the compatibility of the program with the user’s equipment and other applications, as well as the performance and the convenience of downloading it and to install it in the user’s system. It is also the responsibility of the user to make sure that the download from BIOPROFE or the use of BIOPROFE content is appropriate and legitimate wherever it is located and in the user’s personal circumstances.

SIOEDUC will not be responsible for the infractions of any author, programmer or user that affect the rights of another user of BIOPROFE, or of third parties, including copyrights, trademarks, patents, confidential information and any other intellectual or industrial property.

This limited guarantee and the limitation of responsibility mentioned in the previous paragraphs will neither affect nor will harm the imperative rights that attend the user according to the place of his/her residence and which are direct application of the imperative Spanish law or by forwarding to the Spanish law to another law from other jurisdiction for specific cases.

1.3 Unauthorized purposes using BIOPROFE site or its contents.

The user cannot use the facilities and capabilities of the website BIOPROFE to make activities prohibited by law or to try to attract the service users to other competing services or advertise the purchase of products or services for commercial activities.

The user shall not interfere with BIOPROFE or other users of the website BIOPROFE and particularly impersonate another user or person while the portal is used. Likewise the user agrees not to introduce information in the forums that it is not relevant for that particular forum.

It is prohibited the access using robots, scripts to access, copy or monitor any portion of BIOPROFE without BIOPROFE’s express authorization.

It is strictly forbidden to introduce serial numbers, cracks or similar, as well as links to pages that have them, in the forums or BIOPROFE’s comments. The IP address will be kept and legal actions will be taken against the offenders.

Also the user is responsible for extending the compliance of these terms to any person authorized by the user to use the service.

1.4 Resolution

SIOEDUC can unilaterally stop providing the services and/or products offered through the website BIOPROFE to one particular user or all users.

In cases of interruption to a particular user, the mere communication to the user will be enough, under any alleged breach of the terms of use or of any norm that is applicable. The user accepts that BIOPROFE or SIOEDUC will not incur in any responsibility as a result of the resolution of these terms.

Additionally SIOEDUC may at any time without incurring in any liability, change the contents of BIOPROFE, interrupt the provision of any or all services, deactivate or delete any or all accounts and the information of all or any users without further limitations than those established by the applicable laws concerning the obligation to keep records of certain transactions during the relevant legal periods.

1.5 Applicable Legislation and Jurisdiction

The present contractual conditions are governed by applicable Spanish legislation. In the event of any doubt or disagreement about the interpretation of the provisions herein or their effects, the only competent authority will be the Madrid Courts of Justice. The User expressly renounces any other jurisdiction that may correspond to him or her.

2.- INTELLECTUAL PROPERTY RIGHTS OF BIOPROFE CONTENT AND CONTRIBUTIONS MADE BY THE AUTHORS OR USERS TO BIOPROFE

2.1 Rights on the contents of BIOPROFE

The user recognizes that the elements and usefulness integrated inside the website BIOPROFE include BIOPROFE’s own content, content of third authors and content created by the own user. BIOPROFE’s own content (including without limitation the trademarks, logos, BIOPROFE’s HTML code, BIOPROFE’s design and the descriptions of the programs and the rest of the contents) and the content of third authors are protected by the legislation on intellectual property.

Consequently, the user agrees to observe the terms and conditions established by the present general conditions of use and the corresponding licenses for the use of the content of third party authors available on BIOPROFE. The user acknowledges that the reproduction, modification, transformation, public communication or distribution, including without limitation marketing, decompilation, disassembly, reverse engineering techniques or other means to obtain the source code of the website and/or applications available in the website BIOPROFE, processing or publication of any results of tests of any unauthorized items and utilities integrated within the website BIOPROFE constitutes a violation of intellectual property rights, undertaking therefore not to make any of the above actions.

The user promises not to suppress or alter any distinctive sign used as brand or trade name (graph, logo, etc.), identifying element protected by the copyright or other notices, legends, symbols or labels of SIOEDUC, BIOPROFE or third parties that appear in the website BIOPROFE.

2.2 Use of content and applications available through BIOPROFE

Except any particular agreement between the holder of the rights and the user establishing the opposite, the user agrees to use the information and the available applications through BIOPROFE exclusively for the user´s own needs and not directly or indirectly make any commercial use of the products and/or services obtained as a result of using the website BIOPROFE.

2.3 Prohibited conducts

The user shall not make any use of website BIOPROFE that violate private property rights of SIOEDUC or third parties, or that may violate or infringes the honor, personal and family privacy or the image of others, or that are illegal or violate the morality.

In particular and without limitation, the user shall not carry out by using the portal BIOPROFE, any destruction, alteration, disruption or damage to data, programs or electronic documents belonging to SIOEDUC, to its suppliers or third parties, and to introduce or broadcast any programs, viruses, applets, ActiveX controls or any instrument or physical or electronic device that cause or may cause any type of alteration in the network, system or equipment of third parties. Any activity or practice which violates the principles of good conduct generally accepted among users of Internet is also expressly prohibited.

2.4 Uploaded content in BIOPROFE by the user

The user is the only one responsible for all material uploaded, published, sent by email, or otherwise introduced by the user in BIOPROFE (“User Content”). The user certifies that he/she owns all intellectual property rights on the User Content. By using the website and in order to make the relevant content available, the user grants SIOEDUC and our associates or affiliates, and our partners, a worldwide license, open to sublicense, irrevocable, free, non-exclusive, and for a duration equal to the duration of the relevant rights to reproduce, alter, distribute or publicly communicate BIOPROFE User Content or the websites of our affiliates, related companies and/or partners. BIOPROFE can distribute their content to other users or make any future use of that content in any way and/or procedure and in any format.

2.5 Obligation to report breaches

Any alleged violation of the intellectual property rights held in BIOPROFE, identified by a user should be reported to BIOPROFE by sending an email to the following address BioProfe@BioProfe.com including a description of the alleged violation.

3 GENERAL CONDITIONS OF SALE APPLICABLE TO THE SALE OF COMPUTER PROGRAMS IN BIOPROFE.

3.1 Conditions applicable to the sale and licensing of computer programs

SIOEDUC sells licenses for computer programs in the corresponding section of BIOPROFE. The user is responsible for reviewing and understanding the terms of these programs before making any purchase in BIOPROFE. The user, having completed the process of purchase established by BIOPROFE, is accepting both the present terms of purchase and the terms of the applicable license agreement of the acquired program.

3.2 Functionality and compatibility of the computer programs sold in BIOPROFE

It is the exclusive responsibility of the user to verify before making a purchase the software functionalities, as well as the suitability to attend to his/her needs and the compatibility with the user´s system and the rest of applications of the user´s system.

3.3 Right of withdrawal

BIOPROFE expressly states that since the purpose of sales in BIOPROFE are computer files, provided electronically, that can be downloaded or played with immediate effect for permanent use, it is NOT applicable the Right of withdrawal for remote sales that regulates the Consolidated Text of the General Law for the Defense of Consumers and Users and other complementary laws approved by Royal Legislative Decree 1/2007 of 16 November.

3.4 Relating documentation to the transactions

In compliance with that established in the Law of Services of the Information Society, BIOPROFE will proceed to confirm any purchase made and the terms of this purchase by sending an email to the address provided by the user in the process of buying.

The general applicable conditions of purchase and the particular conditions may be saved by the user during the process of purchase. BIOPROFE also saves an electronic copy of the conditions applicable to the purchase for each operation and for a minimum period of three years.

3.5 Taxes and Shipping Costs

The purchase prices that are included in BIOPROFE contain the shipping costs and the corresponding applicable VAT in Spain at all times. Any taxes or fees applied by other countries to the import or purchase of products sold in BIOPROFE will not be included. It is the exclusive responsibility of the user to know and pay the fees and taxes in their country of residence or origin.

3.6 Payment

The payment process is through the TPV provided by BBVA, through a secure server. In no case the payment information is passed or stored by BIOPROFE.

3.7 Returns or errors

The user must ensure the integrity and functionality of the product or license sent immediately after the purchase. To exercise any warranty the user must give notice of defects or non-functioning of the software keys in writing within 14 days from receipt of the program or the software key.

If the existence of a defect responsibility of BIOPROFE were established, SIOEDUC will contact the user to resolve the issue. If the incidence is not solved, the user will have the right to request cancellation of the commercial contract and full reintegration of the amount paid. In no case, the incompatibility of the program with the user’s system, other applications or failure to adapt to the user´s needs, shall be considered defect, nor shall have the right to cancellation or any refund. These will be the exclusive responsibility of the user.

PRIVACY POLICY

In accordance with that established in the Organic Law 15/1999, of Protection of Personal Data (LOPD) and its implementing regulations, the responsible person for the application and website, in compliance with the established in that art. 5 and 6 of the LOPD, inform all users of the website who provide personal data, that this data will be stored in an automated file that is duly registered in the Spanish Data Protection Agency on behalf of SIOEDUC, registered in the Mercantile Register of Madrid, tome xxx, folio xx, sheet J-xxxxx, 1st inscription; with VAT number B23735269.

In the same way, the provider, responsible for the website, has taken all the technical and organizational measures to guarantee the safety and integrity of personal data, as well as to avoid his loss, alteration and/or access by unauthorized third parties.

USE OF COOKIES AND SECURE ENVIRONMENT

Our website www.bioprofe.com (the “website”) uses technology called “cookies” in order to gather data on use of the website. We hereby inform you that we can use cookies in order to help you to browse our website, distinguish you from other users, offer you an enhanced experience and identify problems in order to improve our website. Similarly, if you give your consent, we will use cookies that allow us to gather more information about your preferences and personalize our website to suit your particular interests. The purpose of this cookies policy is to inform you clearly and accurately about the cookies used on our website (the “Cookies Policy”). If you would like more information about the cookies we use on the website, you can send an email to the following address: BioProfe@BioProfe.com.

A cookie is a file that is downloaded to your device (computer or mobile device) in order to store data that could be updated and retrieved by the entity in charge of its installation. The information collected by cookies can include the date and time of website visits, the pages viewed, the time spent on our website and the sites visited immediately before or after.

These cookies are sent to your computer and managed exclusively by us in order to improve the functioning of the website. The data collected is used to improve the quality of our service and your user experience. These cookies are stored in your browser for longer, allowing us to identify you as a frequent visitor to our website and adapt the content in order to offer you content that adapts to your preferences.

By browsing and staying on our website, you agree to the use of the cookies listed above and under the terms and conditions set out in this Cookies Policy.

In any case, we hereby inform you that as cookies are not necessary in order to use our website you can block them or disable them by enabling the option in your browser that allows you to reject installation of all or some cookies. The majority of browsers can warn you about the presence of cookies or automatically reject them. If they are rejected, you can continue using our website, although some of the services could be limited and therefore, your experience of our website will be less satisfactory.

HYPERLINKS

SIOEDUC or BIOPROFE are not responsible for Web pages linked to its website, nor for any Web pages that the User might access through links included on our website. We do not control such Web pages, and, therefore, are not responsible for their contents. Users consult such Web pages at their own risk, under their own terms, conditions and legal notices for which SIOEDUC or BIOPROFE are not responsible.

IP ADDRESSES

The Website servers can automatically detect the IP address and domain name used by the user. An IP address is a number automatically assigned to a computer when it connects to the Internet. All this information is registered in a file of server activity duly registered that allows the subsequent processing of the data in order to obtain statistical measures showing the number of page impressions, number of visits to the web services, the order of visits, access point, etc.

SECURITY

The web site uses information security techniques generally accepted in the industry, such as firewalls, access control procedures and cryptographic mechanisms, all in order to prevent unauthorized access to data. To achieve these ends, the user agrees that the provider obtains data for purposes of authentication for access control.