TERMS AND CONDITIONS OF THE WEBSITE

1. GENERAL PROVISIONS

The website https://www.xyzum.com (the “Website”) constitutes property of the company Xyzum Sp. z o.o. (formerly “Pharma Profit Systems Michał Miśta”) with its registered office in Warsaw at ul. Twarda 18, 00-105, entered into the Register of Entrepreneurs maintained by the District Court for the Capital City of Warsaw, 13th Economic Division of the National Court Register, having the KRS (NCR): 0000710287, NIP (TIN): 5213807114, REGON (EIN): 369036644, share capital: PLN 115,000.00 (hereinafter referred to as: “Xyzum”).

These Terms and Conditions (hereinafter referred to as “Terms”) govern the access to the Website, as well as the provision of services via said Website by electronic means.

Further accessing of the Website constitutes an expression of unreserved acceptance and acknowledgement of these Terms. Users are kindly requested to familiarize themselves with the rules and conditions for accessing the content of our Website. If you have any questions or doubts concerning the Terms, you are welcome to contact us at info@xyzum.com or via the contact form.

The Website is targeted at Xyzum’s clients, business partners, affiliates, employees, and employee candidates concerning all companies within the Xyzum group. The Website shall only be used by persons who have full capacity to perform legal actions under the applicable legal regulations in the jurisdiction form which they operate or access the Website.

The users of the Website are obliged to observe the Terms, as well as rules for the use of websites resulting from the applicable legal regulations, as well and general rules and conventions concerning the proper conduct with regard to the internet. In particular, users are prohibited from taking any action which might result in a deliberate or accidental unauthorized modification of the Website’s content, available services, or its functionality. Moreover, users are obliged to use the Website in a manner that does not disturb other users or the owner of the Website, with respect of personal rights, privacy, and other relevant rights.

2. SERVICES AND CONTENT AVAILABLE AT THE WEBSITE

Users who access the Website have the option of using the following, electronically provided services:

  • Obtaining information on the activities of Xyzum and other companies within the Xyzum group,
  • Obtaining information on the products and services offered by Xyzum,
  • Choosing to contact Xyzum by means of Xyzum’s contact form.

The main purpose of the website is to provide the users with information on the activities of the companies within the Xyzum group, in particular in relation to the registration of medicinal products, medical devices and dietary supplements, social responsibility of the business, as well as responsibility in relation to other organisations and associations within the field.

It is not the purpose of the website to advertise medicinal products as understood by the Act of the 6th of September 2001 – Pharmaceutical law, conduct marketing activities of any sort in relation to said medicinal products (or similar legislation in the jurisdiction of the user), or disclose information to which access is limited or prohibited by means of applicable legal regulations or industrial codes.

The use of services within the Website is free of charge and voluntary.

No piece of information featured on the Website constitutes a business offer to conclude a contract under the Civil Code of Poland (or any similar legislation in the jurisdiction of the user), and shall not be construed as such.

3. TECHNICAL REQUIREMENTS

The use of services within the Website requires at minimum:

  • a working device with an internet connection (personal computer, smartphone, tablet computer or other similar device);
  • Internet connection (via cable or wireless);
  • Internet browser which allows to view and click on hypertext files (HTML) on the screen of your computer/device; certain content may require compatibility with other types of files (ex. PDF).

Xyzum, as the owner of the Website, shall not be held liable for limitations related to the functioning of the user’s computer/device, or for the stability of the user’s internet connection, which may prevent the user from using the Website. Xyzum cannot guarantee that access to the Website or the services will uninterrupted or that e-mails or other electronic transmissions will be sent to you or received by us or that the content of such transmissions will be secure during transmission. No warranty or condition, express, implied or statutory shall be given, accepted or imputed by or to Xyzum in relation to the website or the services.

Xyzum, as the owner of the Website, hereby declares that users taking advantage of services via the Website may be exposed to the following risks: spam mail, undesired spyware, malware, (including wabbit, trojan, backdoor, exploit, rootkit, keylogger, dialer, hoax), viruses, cracking and phishng (confidential data acquisition), sniffing (confidential data takeover), piracy, illegal software, cryptanalysis. Xyzum shall make every reasonable effort to minimize the risks, but complete elimination thereof is not possible.

Xyzum shall make every reasonable effort to ensure the validity of the information published on the Website, but completeness and accuracy at any given moment cannot be guaranteed.

The Website may feature links or re-directions to other websites or portals, which belong to other entities. Xyzum, as the owner of the Website shall not be held liable for the consequences of entering such websites or portals, nor the consequences of using the content or services provided by said websites or portals. All risks and responsibility related to browsing those websites or portals shall be borne by the user.

4. COOKIES

The Website uses cookies to make browsing easier for the users. By using the Website you consent to using cookies and other similar technologies.

Cookie settings may be modified via browser settings. Deletion of cookies is also possible with appropriate settings and other available technologies.

The rules for the use of cookies are laid down in the Cookie policy, which constitutes an integral part of these Terms.

5. PERSONAL DATA

Certain services available on the Website may require disclosure of the user’s personal data and lead to further processing thereof.

The user shall be notified that their personal data is collected for further processing, and have the option of expressing consent to such processing.

Xyzum uses appropriate technical, organisational, and physical means to protect personal data disclosed by the users of the Website from accidental, illegal or unauthorized access by third parties, as well as destruction, loss, modification, disclosure or use thereof.

The rules for the processing of personal data and relevant means of protection are listed in the Privacy policy, which constitutes an integral part of the Terms.

6. COPYRIGHTS

Xyzum hereby stipulates that the content of the Website is protected by copyright. All rights to the Website’s content and translations thereof are held by Xyzum.

No element of the Website, no content (text, graphics, logos, layout) may be copied, transmitted, linked, or used without the prior written consent of Xyzum.

Users shall have the right to download and copy the content available on the Website only for informative and non-commercial purposes.

7. COMPLAINTS

All complaints concerning the content or functionality of the Website shall be directed to Xyzum by post addressed to the company’s seat within 7 days from the event which constitutes the subject of the complaint.

The complaint shall feature the user’s contact information and description of irregularities which justify the complaint.

Xyzum shall use its reasonable and best endeavours to review the complaints within 21 days from the day of reception and inform the sender of the measures undertaken to remedy the situation.

8. LIABILITY

Xyzum hereby excludes, to the fullest extent permitted by law, their liability as the owner of the Website for results and consequences of using information made available on the Website and all websites linked thereto including but not limited to:

  • completeness, validity and correctness of all information on the Website, as well as errors and/or omissions in content made available via the Website;
  • damages resulting from using information or data made available on the Website;
  • damages resulting from failure on behalf of users to observe the Terms and other rules of internet conduct;
  • damages related to the use of the Website, resulting from updated risks of using the Internet (ex. viruses, trojans, malware, spyware, cracking, phishing etc.).

9. FINAL PROVISIONS

The provision of Services via the Website shall be governed by the Polish law. All the terms of these Terms are distinct and severable, and if any term or provision is held or declared to be unenforceable, illegal or void in whole or in part by any court, regulatory authority or other competent authority it will to that extent only be deemed not to form part of these Terms, and the enforceability, legality and validity of the remainder of these Terms will not in any event be affected.

Any disputes arising from the provision of services via the Website shall be referred to the competent court of jurisdiction for the seat of Xyzum.

Xyzum shall have the right to modify the Terms upon informing the users of the fact by posting the revised Terms on the Website.

Xyzum reserves the right to amend these Terms from time to time. By continuing to access the Website, the user accepts the updated Terms. We may make changes to these Terms Any changes will be posted on the Website. Subject to data protection restrictions we may also notify you of the same by a link to the revised terms on the Website.

Document v. 2.0

Warsaw, 26th of July 2018

© 2018 Xyzum Group of Companies. All rights reserved.