Terms and Conditions

TERMS AND CONDITIONS OF USE OF THE WEBSITE

1. LEGAL TERMS

1.1. Legal notice

In compliance with the provisions of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, the following information is provided in relation to this website/portal.

This document regulates the use of the Internet website which you have just accessed, hereinafter referred to as the USER, and which EUROESPES S.A., hereinafter referred to as EUROESPES, makes available to Internet users.

These Legal Terms are completed with i) the General and Particular Conditions for access and use of the website; ii) the General Conditions for Contracting Services; iii) the Privacy Policy/Personal Data Protection; iv) the Cookies Policy.

1.2. Details of the person in charge of the website

Company name: Euroespes S.A.

Trade name: EuroEspes

Registered Office: Santa Marta de Babio S/N - Bergondo (A Coruña)

CIF / NIF: A15319452

Telephone: 981780505

Fax: 981780511

e-Mail of the Responsible for the website: info@mylogy.com

Registered in the Register: R.M. of La Coruña, Volume 855, General Section, Folio 202, Page C-1635, 1st Entry

Website domain name: https://mylogygenomics.com/

1.3. Subject matter

Through the website, EUROESPES provides USERS with access to various content, services, information and data (the "Content") made available to the USER by EUROESPES or by third party service and content providers. The provision of the website service is limited in duration to the time at which the USER is connected to the website or to any of the services provided through the same. EUROESPES reserves the right to modify at any time the presentation, configuration and location of the website, as well as the "Content" and the conditions required to use the same.

EUROESPES is a company established in 1991 with the aim of responding to the problem of diseases of the central nervous system and ageing, developing various activities within the division of specialised medical services (Medical Genomics, Pharmacogenomics, Neurodegenerative Diseases), health biotechnology division (Nutraceutical Bioproducts, Vaccines) and publishing division.

Through this web portal and under its registered European trademark (MYLOGY) EUROESPES offers the USER pharmacogenetics services. Pharmacogenetics is defined as the discipline that studies the hereditary variations that affect the individual response to drugs. It is used to personalise drug treatments in order to avoid risky interactions, adverse or toxic reactions or therapeutic ineffectiveness.

Within the Contents, EUROESPES may provide information of a health nature. In this case, the USER is aware that any Contents of a sanitary and/or health nature hosted on the website are merely for guidance and information purposes and under no circumstances constitute a diagnosis, treatment or medical prescription service. The USER is warned and informed that the Contents of the website cannot, under any circumstances, replace the personal consultation of the user in person with a duly qualified health professional.

1.4. Acceptance

The use of the website attributes the condition of USER and implies full and unreserved acceptance of each and every one of the provisions included in these Legal Terms, in the General and Specific Conditions for access and use of the website, in the Personal Data Protection Policy, in the Cookies Policy and in the General Contracting Conditions (the latter, exclusively for those who contract services directly through the web portal) in force at any time when the USER accesses the same, so that if the USER does not agree with any of the conditions set out herein, he/she should not use and/or access this portal or website. EUROESPES reserves the right to modify them.

EUROESPES reserves the right to suspend, discontinue or cease operating the website at any time.

Consequently, the USER must carefully and thoroughly read this document in its entirety each time he/she intends to use or make use of the website, as it may undergo modifications.

All those natural or legal persons resident or domiciled in other countries of the European Union or outside the European Union must ensure that access to and use of the website and/or its content is permitted in accordance with their own national legislation. In any case, access to and use of the website by a USER who does not comply with the requirement of residence in Spain shall be understood to be carried out under his/her sole responsibility, exonerating EUROESPES from any liability to the extent permitted by applicable legislation.

2. GENERAL AND SPECIFIC CONDITIONS FOR ACCESS AND USE OF THE WEBSITE

2.1. Access to and use of the website

The USER acknowledges and accepts that access to and use of the website and/or the "Content" included therein is carried out freely and consciously, and under his or her sole responsibility. The USER is aware that in order to access the website he/she must have access to the Internet, either directly or indirectly, through the relevant access devices. For the correct access, visualisation and implementation of certain contents and services of the website, the USER may need to download certain computer programmes or other logical elements onto their computer equipment. Such installation shall be the responsibility of the USER, and EUROESPES declines any liability that may arise therefrom.

Access to the website and/or the "Content" included therein does not imply any kind of guarantee regarding the suitability of the Portal and/or the "Content" included therein for the particular or specific purposes of the USERS. EUROESPES may establish additional limitations and/or conditions for the use and/or access to the website and/or the "Content", which must be observed by the USERS in all cases.

All information provided by the USER must be truthful. For these purposes, the USER guarantees the authenticity of all data provided as a result of completing the forms necessary for subscription to the Services, access to Content or restricted areas of the Portal. Likewise, it shall be the responsibility of the USER to keep all the information provided to EUROESPES permanently updated so that it corresponds, at all times, to the real situation of the USER. In any case, the USER shall be solely responsible for any false or inaccurate statements made and for any damages that may be caused to EUROESPES or third parties as a result of the information provided.

In general, in order to use the Services and/or "Content", minors must obtain prior permission from their parents, guardians or legal representatives, who shall be held responsible for all acts carried out by minors in their care. As the Internet makes it possible to access Content that may not be appropriate for minors, USERS are informed that there are mechanisms, in particular, computer filtering and blocking programmes, that make it possible to limit the available Content and, although they are not infallible, they are particularly useful for controlling and restricting the material that minors can access.

2.1.1. Authorised use of the portal and content

The "Contents" that you, the USER, will be able to view are specifically aimed at persons, entities or companies that are interested in receiving information or contracting the services that EUROESPES offers as a company. The USER undertakes to make appropriate and lawful use of the website and the "Contents", in accordance with the applicable legislation, these General Conditions of Use of the website, morality and generally accepted good customs. The USER must refrain from:

1. Make unauthorised or fraudulent use of the website and/or the "Contents", for illicit purposes or effects, prohibited in these Terms and Conditions of use of the website, harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload, deteriorate or impede the normal use of the Services, computer equipment or documents, files and all types of contents stored in any computer equipment.
2. Accessing or attempting to access resources or restricted areas of the website, without complying with the conditions required for such access.
3. Cause damage to the physical or logical systems of EUROESPES, its suppliers or third parties.
4. Introduce or disseminate computer viruses or any other physical or logical systems that may cause damage to the physical or logical systems of EUROESPES, its suppliers or third parties.
5. Attempt to access, use and/or manipulate the data of EUROESPES, third party suppliers and other USERS.
6. Transforming or modifying the "Contents", unless you have the required authorisation from the owner of the corresponding rights or it is legally permitted.
7. Delete, hide or manipulate the notes on intellectual or industrial property rights and other data identifying the rights of EUROESPES or third parties incorporated in the "Content", as well as the technical protection devices or any information mechanisms that may be inserted in the "Content".
8. To obtain and attempt 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 which have been expressly indicated on the web pages where the "Contents" are found or, in general, those which are normally used on the Internet because they do not entail a risk of damage or disablement of the website and/or the "Contents".
9. In particular, and for information purposes only, the USER undertakes not to 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:
10. a) In any way that is contrary to, undermines or infringes fundamental rights and public freedoms recognised in the Constitution, in international treaties and in other legislation.
11. b) Induces, incites or promotes criminal, denigratory, defamatory, slanderous or violent actions or, in general, actions contrary to the law, generally accepted morals and good customs or public order.
12. (c) Induces, incites or promotes discriminatory actions, attitudes or thoughts on grounds of sex, race, religion, belief, age or status.
13. d) Incorporates, makes available or allows access to products, elements, messages and/or services that are criminal, violent, offensive, harmful, degrading or, in general, contrary to the law, generally accepted morals and good customs or public order.
14. (e) Induces or is likely to induce an unacceptable state of anxiety or fear
15. (f) induces or incites to engage in practices that are dangerous, hazardous or harmful to health and mental equilibrium.

2.2. Particular Conditions for the "MY PROFILE" service offered on the website (REGISTERED USER)

To access the "MY PROFILE" service on the website, the USER must register under the terms set out on the website, and for this purpose will be considered a REGISTERED USER. Once registered, the REGISTERED USER will be able to access this website service via email and password.

2.2.1. Operation of the "MY PROFILE" service

2.2.2. Obligations of the REGISTERED USER

The REGISTERED USER shall be subject to each and every one of the obligations referred to the USER in the General Conditions.

In turn, and given your interest in accessing the "MY PROFILE" service, you are required to guarantee the accuracy of all the data provided. At the same time, the REGISTERED USER shall be responsible for keeping such data completely up to date at all times. In any case, the REGISTERED USER shall be solely responsible for any false or inaccurate statements made and for any damage caused to third parties as a result of such non-compliance. The REGISTERED USER must diligently and appropriately safeguard his or her email address and password, preventing unauthorised third parties from accessing them and therefore ensuring their confidentiality.

2.2.3. Voluntary departure

Any REGISTERED USER may request, at any time, to unsubscribe from the website through the mechanism provided on the website for such requests.

The deregistration shall be completed immediately, unless there is any impediment that makes it impossible to process the deregistration automatically. In the event of such an impediment, EUROESPES shall inform the REGISTERED USER in a reliable manner in order to resolve the situation. Once this impediment has been resolved, the cancellation will be processed effectively.

2.3. Industrial and intellectual property rights

The USER acknowledges and accepts that all industrial and intellectual property rights over the "Content" and/or any other elements inserted in the website (including, without limitation, trademarks, logos, trade names, texts, images, graphics, designs, sounds, databases, software, flow charts, presentation, "look-and-feel", audio and video) belong to EUROESPES and/or third parties.

Under no circumstances does access to the website imply any kind of waiver, transmission, licence or total or partial transfer of said rights, unless expressly established otherwise. These General Conditions of Use do not grant USERS any other right of use, alteration, exploitation, reproduction, distribution or public communication of the website and/or its "Contents" other than those expressly provided for herein. Any other use or exploitation of any rights shall be subject to the prior and express authorisation specifically granted for this purpose by EUROESPES or the third party owner of the rights affected.

EUROESPES authorises USERS to use, view, print, download and store the "Content" and/or the elements inserted in the website exclusively for their personal, private and non-profit use; provided that in all cases the origin and/or author of the same is indicated and that, where applicable, the copyright symbol and/or property notes of the owners appear. The use of such elements, their reproduction, communication and/or distribution for commercial or lucrative purposes, as well as their modification, alteration or decompilation is strictly prohibited. For any use other than those expressly permitted, it will be necessary to obtain the prior written consent of the holder of the rights in question.

2.3. Disclaimer of warranties and liability

2.3.1. For the operation of the portal

Access to the Portal requires services and supplies from third parties, including transport through telecommunications networks whose reliability, quality, continuity and operation is not the responsibility of EUROESPES. Therefore, EUROESPES does not guarantee the availability and continuity of the functioning of the Website or of those other websites not belonging to EUROESPES with which a "Link" has been established. Furthermore, EUROESPES shall in no case be liable for any damages that may arise from:

1. The lack of availability or accessibility of the website or other sites to which a link has been established.
2. Interruption in the operation of the website or computer faults, telephone breakdowns, disconnections, delays or blockages caused by deficiencies or overloads in the telephone lines, in the Internet system or in other electronic systems produced in the course of its operation.
3. The lack of suitability of the website for the specific needs of USERS.
4. Other damages that may be caused by third parties through unauthorised interference beyond the control of EUROESPES.

In order to reduce the risk of the introduction of viruses on the website, EUROESPES uses virus detection programmes to control all the "Content" that it introduces on the website. However, EUROESPES does not guarantee the absence of viruses or other elements on the website introduced by third parties external to EUROESPES that may cause alterations in the physical or logical systems of the USERS or in the electronic documents and files stored in their systems. Consequently, EUROESPES shall in no case be liable for any damages of any kind that may arise from the presence of viruses or other elements that may cause alterations in the physical or logical systems, electronic documents or files of the USERS.

EUROESPES adopts various protective measures to protect the website and the "Content" against computer attacks by third parties. However, EUROESPES does not guarantee that unauthorised third parties cannot gain access to the type of use of the website by the USER or the conditions, characteristics and circumstances under which such use is made. Consequently, EUROESPES shall in no case be liable for any damages that may arise from such unauthorised access.

2.3.2. For the use of the services and contents of the portal by the USER

EUROESPES shall not be liable under any circumstances for the use that the USER and/or third parties may make of the website or the "Content", nor for any damages that may arise therefrom. EUROESPES has no obligation to control and does not control the use that the USER makes of the web site and the services. In particular, EUROESPES does not guarantee that the USER will use the website, the services and the "Content" in accordance with these Terms and Conditions of use of the website, nor that they will do so in a diligent and prudent manner. EUROESPES is under no obligation to verify, and does not verify, the identity of USERS who have not previously registered in accordance with the terms of section 2.2.

EUROESPES excludes any liability for damages of any kind that may be due to the use of the services and "Content" by the USER or that may be due to the lack of veracity, validity, completeness and/or authenticity of the information that the USER provides about themselves and, in particular, although 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 this portal.

2.3.3. For third party "Content".

EUROESPES does not edit the "Content" of third parties published on the website and, consequently, does not guarantee and is not responsible for the legality, reliability, usefulness, truthfulness, accuracy, completeness and timeliness of such "Content". EUROESPES shall in no case be liable for any damages that may arise from:

1. The lack of legality, reliability, usefulness, truthfulness, accuracy, completeness, and/or timeliness of the "Contents" originated by third parties.
2. The unsuitability for any purpose and the disappointment of the expectations generated by the "Content".
3. Decisions or actions taken or avoided by the USER in reliance on the information or data provided or provided in the "Contents", including without limitation lost profits or business opportunities.

2.3.4. Concerning links

The website provides the USER with technical linking devices, directories and search tools that allow the USER to access pages and/or websites belonging to and/or managed by third parties. In these cases, EUROESPES acts as a provider of intermediary services in accordance with article 17 of Law 34/2002, of 12 July, on Information Society Services and Electronic Commerce and therefore will only be responsible for the "Contents" and services provided in the ("links") to the extent that it has effective knowledge of the unlawfulness of the activity or information to which they refer or recommend and has not deactivated the link with due diligence.

In the event that the USER considers that there is a link with illicit or inappropriate content, he/she may notify EUROESPES in accordance with the procedure established in section 1.1, without this notification in any case entailing the automatic obligation to remove the corresponding link.

EUROESPES does not warrant or assume any liability for damages of any kind that may be due to:

1. a) The operation, availability, accessibility or continuity of the linked sites.
2. b) The maintenance of the information, contents and services existing in the sites that are linked by any means.
3. c) The provision or transmission of the information, contents and services existing in the linked sites.
4. d) The quality, legality, reliability and usefulness of the information, contents and services existing in the linked sites, in the same terms and with the same scope as those provided for the contents and services provided by third parties through the portal.

In the event that EUROESPES deems it appropriate or is required to do so by judicial or administrative order, EUROESPES will remove links to those websites that infringe applicable legislation and/or infringe the rights of third parties.

2.4. Prohibition of unsolicited communications

EUROESPES undertakes not to:

1. Collect USERS' data for advertising purposes and to send advertising of any kind and communications for sales or other commercial purposes without their prior request or express consent.
2. Sending any other unsolicited and unconsented messages to a plurality of persons.
3. Sending unsolicited and unconsented chain e-mails.
4. Use distribution lists that can be accessed through the Services.
5. Make data collected from distribution lists available to third parties for any purpose.

However, it is understood that the USER who registers as a client of EUROESPES or who registers on the EUROESPES e-mail list, expressly accepts the possibility of receiving a monthly newsletter prepared by EUROESPES as well as any other communication that EUROESPES considers appropriate.

2.5. Actions in case of non-compliance

EUROESPES reserves the right to take any action available at law to enforce any liability arising from a breach of any of the provisions of these Terms and Conditions of Use of the Website.

EUROESPES may withdraw or suspend at any time and without prior notice the provision of the Services to any USER who fails to comply with the provisions of these Terms and Conditions of use of the website.

2.6. Partial invalidity

The declaration of any of these General and Particular Conditions as null, invalid or ineffective shall not affect the validity or effectiveness of the remaining conditions, which shall continue to be binding between the parties. The waiver by any of the parties to demand at any given time the fulfilment of any of the General and Particular Conditions stipulated herein shall not imply a general waiver of the fulfilment of any other condition or conditions, nor shall it create an acquired right for the other party.

2.7. Applicable law and jurisdiction

This website is operated and controlled by EUROESPES. Consequently, all matters that may arise from access and/or use of the same shall be understood to be regulated and interpreted in accordance with Spanish law. Specifically, the provision of the website service and these General Conditions of Use of the Portal are governed by Spanish Law, and specifically, by Law 34/2002 of 11 July 2002 on Information Society Services and Electronic Commerce.

To the extent permitted by law, the parties, expressly waiving any other jurisdiction that may correspond to them, agree to submit to the jurisdiction of the Courts and Tribunals of Betanzos (La Coruña).