TERMS OF USE

  1. Summary of content

The present conditions of use (the “Terms of Use”) regulate the access to the website www.bioexpertnetwork.com (the “Portal”) and the services provided through it (the “Services”).

The Portal is a platform that allows its users to discover scientific projects in the area of ​​Biotech and Health sciences in general, and to participate in their analysis and evaluation by accessing specific project information. Its holder is the company “CAPITAL CELL CROWDFUNDING, PLATAFORMA DE FINANCIACIÓN PARTICIPATIVA, SL” (hereinafter “Capital Cell”), with registered office in Barcelona 08039, ​​Edifici PIER01 Palau de Mar Office, with CIF B65998288 and registered in the Mercantile Registry of Barcelona, ​​volume 43.671, folio 85, sheet B-435.042.

The role of the Portal is limited to acting as a vehicle for companies that have developed a specific scientific project in the area of ​​Biotechnology or the Health sciences. Through this platform, experts (“BioExperts or “Users”) in a variety of technical, scientific, management and financial areas can analyze and evaluate projects (“Project”) presented by entrepreneurs (“Entrepreneurs”).   

The decision to evaluate each project corresponds to each BioExpert, based on the characteristics of each project, and is done at his/her own risk.

  1. Access to the Portal and use of the Services

2.1. Acceptance of Terms of Use

Anyone who accesses the Portal and the information that is exposed in it will have the status of “User”. Access to the Portal, to the information shown therein and to the services to which it gives access is subject to the terms set forth in these Terms of Use and the Portal’s Privacy Policy. Therefore, access to the Portal, either directly or through redirecting, involves the acceptance of the Terms of Use (including the Privacy Policy), in its current version.

Notwithstanding the foregoing, in order to access some of its sections, the Portal will require the express acceptance of these Terms of Use, by means of an “Accept” button.

CapitalCell reserves the right to modify at any time these Terms of Use. The most current version at any given time will be identified with the date of its publication on the Portal. It is the responsibility of each User to verify the current version at any time, meaning full acceptance of the new terms as soon as the Portal is accessed after each respective publication.

 

By no means can users of the BioExpert Network Portal be considered as employees of CapitalCell.

2.2. Other terms and conditions of the Portal

The access to information of the Portal involves the acceptance of conditions of confidentiality by the User which are project-specific. In such cases, the Terms of Use will be in force and will bind the User and CapitalCell in all that does not oppose those specific conditions. In any case, these specific conditions will be considered, for the purposes of the User to which they link, an integral part of these Conditions of Use.

2.3. Registration and access to the Users Area

To access some of the Services, the User or BioExpert must register in the Portal, as a “Registered User”, providing certain personal information to that effect. The information includes name and surname, email and area of ​​expertise. This information is needed to analyze the answers and share other projects with the User. The email address may also be used to contact the User for additional information. We may use the information to customize the website according to the area of ​​expertise of the User.

Such information shall be authentic and truthful, and it shall be the responsibility of the User to keep it up to date. CapitalCell reserves the right to exercise the claims and legal actions to which it was entitled in case of use of false information, assumed names or incorrect or incomplete contact information. In particular, CapitalCell reserves the right to cancel the account of that User who would have provided false, inaccurate, incomplete or inconsistent information.

Registration in the User Area will entail the generation of a unique account for each User, identified by a “User Name” and protected by an “Access Key”. The User will be responsible for all actions carried out through his respective account, Thus, it is his responsibility to maintain at all times the confidentiality of his Access Key and immediately communicate to CapitalCell any incident that may occur with his account.

CapitalCell reserves the right to accept or not a user as BioExpert User with access to project information.

2.4. Rules of Conduct and Use of the Portal

Users will access the Portal exclusively through the software and graphic interface expressly made available to them by CapitalCell, and will restrain from performing actions that may disrupts the proper functionality of this Portal.

2.5. Advertising

CapitalCell may include advertising on the Portal in its sole discretion. Such publicity will be visible by the User at the moment he accesses the Portal, both inside and outside the User Area, as an integral part of the graphical interface that is made available to him. The use of the Portal implies the authorization to CapitalCell to include in the same the publicity that it deems convenient.

2.6. Content linked to third-party sites

The Portal may include links and hyperlinks to other websites and to content outside the Portal itself and managed by third parties without any link with CapitalCell (the “Third Party Sites”).

CapitalCell is not responsible for the content of the Third Party Sites nor does it guarantee its availability, functionality or security conditions. Likewise, the fact that the Portal links to a Third Party Site does not imply in any way that CapitalCell recommends the use or contracting of its services.

The User, when accessing Third Party Sites, does so at his/her own risk, and CapitalCell will not be responsible for any derived loss or damage. Likewise, CapitalCell is not responsible for the actions derived from the trust deposited by the User in any advertisement, product or service displayed or advertised on Third Party Sites.

  1. Access to Projects and Company Reports

3.1. Access to the list of Projects and information related to the Projects

Users will have access to the list of Projects to be evaluated. The list will contain a minimum description of each Project.

In addition, each Project will have a specific page (the “Project Page”), which can be accessed from the Projects list, and will display detailed project information. From this area the User will have access to the project evaluation form.

3.2. Access to the Company Reports

Members of the BioExpert Network who review projects will be entitled to receive a copy of the company report, in order to assist them in assessing the company as an investment opportunity. This report is for sole use by the person it is distributed to. It is confidential and must not be copied or shared with any third party.”

  1. Intellectual and industrial property

4.1. Intellectual and industrial property of CapitalCell

CapitalCell is the owner of the intellectual and / or industrial property rights corresponding to the Portal, its graphical interface, these Terms of Use, the templates related to the minimum information specifications of each Project, and all other documents, texts and images which CapitalCell makes available to Users when accessing to the Portal.

The reproduction, diffusion, modification or use for any purpose of any element subject to the intellectual or industrial property of CapitalCell will require the prior written consent of CapitalCell.

4.2. Notification procedure to CapitalCell

CapitalCell does not allow the execution of any activity through the Portal that infringes the the rules that regulate the intellectual and industrial property rights. Consequently, if CapitalCell detects the infringement of any of these regulations, it will remove the affected content from the Portal.

  1. Limits of liability and indemnity of CapitalCell

CapitalCell offers access to the Portal without assuming its correct functionality at all times. Thus, CapitalCell does not guarantee:

(A) that the Portal will function correctly at all times and in any computer platform from which it is accessed;

(B) that the information and contents that are exposed in the Portal are correct, precise or complete;

(C) that the use of the Portal and / or the provision of the Services are adequate for the achievement of the purposes for which they are accessed by the Users.

(D) that the programming code corresponding to the Portal and its graphic interface, and in general any element of software or document downloaded to the User’s computer, complies with any particular level of security, so that the User accessing the Portal does so at his/her own risk.

In any case, CapitalCell will not be liable for direct or indirect damages, lost profits, loss of opportunities, expenses incurred in work for third parties or loss of data affecting one or more Users.

Specifically, CapitalCell shall not be liable in relation to damages and / or damages derived from:

(A) the content of the advertisements that are inserted on the Portal, nor the security or convenience of contracting the goods and services offered by the advertisers, with which CapitalCell does not have or claim any linkage, and whose actions will not be under any circumstances the responsibility of CapitalCell;

(B) any change introduced in these Terms of Use as provided in section 2.1;

(C) the existence of false, incomplete or outdated information in the information provided by the User at the time of registration in the User Area;

(D) the disclosure by the User of the data identifying his account in the Portal (username and / or password), being the sole responsibility of the User to maintain that information strictly confidential.

  1. Confidentiality conditions

6.1. CapitalCell Confidentiality Obligations

CapitalCell shall maintain the strictest confidentiality of any content or information provided by any User, and shall not disclose or publish it except when expressly authorized.

6.2. User Confidentiality Obligations

Registered Users will maintain the absolute confidentiality of any information related to the Entrepreneurs and the Projects that they access through the Portal.

Likewise, Users shall maintain confidentiality in relation to any material or elements subject to Intellectual and Industrial Property of CapitalCell, as provided in section 4.1 above, except when such materials or elements are exposed publicly on the Portal.

  1. Protection of personal data

7.1. Incorporation of personal data into CapitalCell files

In relation to what is provided in article 5 of Organic Law 15/1999, of December 13, on Personal Data Protection (hereinafter, the “LOPD”), Users are informed that all data Supplied to CapitalCell through the Portal will be incorporated into the files owned by “CAPITAL CELL CROWDFUNDING, PLATFORM OF FINANCING PARTICIPATIVA, SL”, and that are duly declared before the Spanish Agency for Data Protection.

7.2. Purpose of the collection of personal data

The collection of personal data through the Portal is intended to allow the correct provision of the Services and the functioning of the Portal, and maintain a permanent communication channel with Users and Entrepreneurs through electronic mail. The communications sent by e-mail will refer to matters of the Portal itself, as well as to the Projects that are under analysis and evaluation at any given time.

7.3. Transfer of personal data by CapitalCell

CapitalCell will not assign or transmit to any third party the personal data collected through the Portal, unless it is expressly authorized to do so.

7.4 Security measures

CapitalCell will implement the security measures that are applicable at all times, and in particular those set forth in Article 9 of the LOPD and its corresponding Regulations.

7.5. Rights of access, rectification, cancellation and opposition

Any interested party may exercise their rights of access, rectification, cancellation and opposition of their personal data, under the terms provided in articles 15 and following of the LOPD. To do so, they must write to the email address info@capitalcell.net, indicating the right that is intended to be exercised and attaching a copy of the identity document of the sender.

Alternatively, the exercise of these rights may be carried out by means of a letter of equal characteristics sent by ordinary mail to the registered office of CapitalCell, which is included in Clause 1, indicating as contact person Mr. Daniel Oliver.

7.6. Navigation log and tracking

For the purpose of guaranteeing the better functioning of the Portal, CapitalCell can implement navigation registration and tracking tools, which will work through “cookies” files downloaded on the User’s computer. In this sense, it is noted that different browsers offer the possibility of deactivating this type of mechanisms. The access to the Portal through a browser that has the function of “cookies” activates the authorization for use by CapitalCell.

  1. Termination of the contractual relationship

CapitalCell may cancel the Users’ account at any time it detects a potential infringement of these Terms of Use, without prior notice.

For its part, any User may terminate his/her relationship with CapitalCell and close his/her account in the Users Area through the sections and options expressly provided for such purposes.

The cancellation or closing of the User’s account will not end the confidentiality obligations set forth in these Terms of Use.

Likewise, access to the Portal after the closing of the account will imply acceptance of the current Terms of Use, in accordance with the provisions of section 2.1.

  1. Communications

Communications addressed to CapitalCell may be sent by e-mail to info@CapitalCell.net or by ordinary mail to the registered office listed in Clause 1, for the attention of Mr. Daniel Oliver.

  1. Separability and nullity of clauses

These Terms of Use and the other instruments referred to herein constitute the sole agreement between Users and CapitalCell, and supersedes any prior agreements, proposals and / or communications between the parties. In the event that any clause or section of these Terms of Use is declared void or unenforceable, the application of that clause will be limited or excluded, as applicable, in the manner that least affects the validity and effectiveness of these Terms of Use.

The non-exercise by any of the parties of any of the rights that assist you under these Terms of Use does not imply the waiver of such rights, which must be made expressly and in writing.

  1. Competent court and applicable law

This agreement shall be governed by and construed in accordance with the law of Spain.

Any dispute or controversy arising from these Terms of Use, including in particular its own validity, interpretation and compliance, shall be submitted to the courts and tribunals of the city of Barcelona, ​​with the Parties waiving any other jurisdiction that may correspond to them, except when the extension or express submission of jurisdiction by virtue of norms of imperative law does not proceed.

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