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Ximbio Website - Terms of Use




Introduction

“Ximbio” is the trading name of Cancer Research Technology Limited’s diagnostic tools and reagents business and any use of “we”, “us” or “our” in this document means or refers to Cancer Research Technology Limited, a company registered in England and Wales under company number 1626049 with its registered office at Angel Building, 407 St. John Street, London, EC1V 4AD.

By using this website (ximbio.com) and any related sites, services, applications or tools you agree to the following terms and conditions (“Terms of Use”). We may amend these Terms of Use at any time and for any reason without providing prior or any notice. Updated Terms of Use become effective at the date they are posted to this website and your continued use of this website constitutes your acceptance of the Terms of Use then in force.

Collection of Data

This website uses cookies which means that when you browse it we may collect minimal information such as how you linked to the website and your IP address. The use of cookies helps us understand user behaviour with a view to enabling us to improve the visibility and accessibility of the website. For more information read our cookie policy

If you create an account with us, then at the point of registration we will ask you for further details including information that may be used to personally identify you such as your address and contact details including your email address. For further details of how we store and use your personal data please read our privacy policy.

Accuracy

Information posted by us: Information contained within the catalogue on this website is compiled from information provided by the originating scientists and/or their institutions, which is believed to be accurate. Despite using our reasonable efforts to verify information prior to its inclusion in the catalogue we do not give any warranty or representation as to the accuracy or completeness of any information contained anywhere herein.

Information posted by you or third parties: In order to engender trust in our website any content submitted by you for inclusion on our website such as product reviews will first be subject to review by us and our approval before being posted. Approval is at our sole discretion and we retain the right to reject any submitted content or make suggestions to you for amendments prior to accepting content for publication. Despite, using our reasonable efforts during the review process to verify the accuracy of information submitted to us by you or other users we give no representation or warranty as to the accuracy of any such postings, nor do we take any responsibility for any views expressed. You are fully responsible for the content of any content you post to this website and you agree that you will not post anything illegal, obscene, deliberately misleading, defamatory, abusive, that infringes third party intellectual property rights, contains a virus or constitutes spam.

Links to third party websites: Wherever links to third party websites are included on this website it is done so for your convenience and because we think it may be useful to you. However in no respect are we making any representation or warranty as to the content or accuracy of such third party website or in any other way endorsing it. We assure no responsibility for links included in postings made by users of this website. Clicking through any link on this website and any use of any third party website is done at your own risk.

Content Control

Information posted by us: We may change, suspend or remove any element of this website, including your access to any element of this website or service offered through the website, at any time without having to provide notice to you.

Information posted by you or third parties: We retain the right to remove any posts or other user submitted content for any reason. By way of example reasons for removal may be due to the content being suspected of being, or found to be threatening, defamatory, obscene or infringing third party intellectual property rights.

You may report any content on the website that you believe to be offensive or infringing your intellectual property rights by emailing enquiries@ximbio.com providing as much information as possible to help us investigate the reported content. Such information may include the location of the relevant content and full details of why you hold it to be offensive or an infringement of your intellectual property rights. We will use reasonable endeavours to investigate the reported content and respond within five working days and then take any further action as may be necessary within five working days.

We reserve the right to remove or restrict the account, temporarily or permanently of any user, including any user who posts inappropriate or infringing content or otherwise breaches these Terms of Use.

Ordering and Depositing Reagents

The reagents advertised on this website are a mixture of research reagents held by CRT and research reagents listed, and which may be distributed, by third parties. This website is deemed to be what is known as an ‘invitation to treat’ and does not constitute an offer to license or supply any listed research reagents.

Ordering reagents physically held and which may be distributed by CRT or physically depositing reagents for distribution by CRT

The ordering of research reagents physically held by CRT or the physical deposit of research reagents with CRT as a result of use of this website will be subject to the terms of a separate agreement between us and you.

Ordering reagents listed by third parties on this website

By making a request for any research reagent held, and which may be distributed, by a third party (“Third Party Provider”) you agree that we shall be entitled, in accordance with our Privacy Policy to forward on your request and necessary personal details to the Third Party Provider. Other than as provided in the paragraph entitled ‘Accuracy: Information posted by us’ CRT makes no representation or warranty in relation to research reagents listed by Third Party Providers, neither does CRT guarantee, represent or warrant or have any responsibility to ensure that the Third Party Provider will supply or otherwise make available to you any research reagent you have requested.

Any supply of the requested research reagent may require you to enter into an agreement directly with the Third Party Provider.

Listing Materials on this website which you will continue to distribute

By submitting a research reagent for inclusion in the website catalogue you warrant that you possess and will continue to possess for so long as the research reagent is included on the website, the necessary rights and permissions (including authority from your employer or host institution) to make available the relevant research reagent and grant to us the licences in the following paragraph.

You hereby grant to us the non-exclusive, world-wide, royalty and fee free right to publish details of your submitted research reagent(s), and associated information that you submit to us, and you also grant to us all such other rights (including without limitation the right to reproduce, adapt and translate) as we may require to display your research reagent on our website.

You are responsible for the content of the submission and agree to indemnify and hold us harmless from any damages, losses, costs, or expenses, including attorneys' fees, which we may incur as a result of including the research reagent and related information on our website.

We reserve the right to refuse to list or remove any listing of your research reagent for any reason, or no reason without providing notice to you.

Intellectual Property

The contents of the website are protected by UK and international copyright and you are responsible for obeying all such applicable laws. Reproduction of all or any part of the contents in any form is prohibited except to the following extent:

(a) You are permitted to make copies of this website as necessary incidental acts during your viewing of this website and you may print one copy of each page solely for your personal use, but you must not otherwise copy it, use it or re-publish it in whole or in part without our prior written permission; and

(b) You are permitted to make and distribute copies of any other documents expressly made available for downloading on the website provided that no alterations are made to the content of the document and the document is copied in full.

No part of this website may be reproduced on or transmitted to or stored in any other website or other form of electronic retrieval system.

The trademarks and logos shown on the website are trademarks and/or registered trademarks of CRT, its affiliated companies or the organisations CRT works with. You may not use any of them without CRT's (or the relevant trade mark proprietor's) written permission.

Insofar as any content posted by you on the website (i.e. reviews of research reagents) attracts intellectual property protection you hereby warrant that you have the right to use such intellectual property for such purpose and hereby grant us the non-exclusive, perpetual, royalty and fee free, worldwide, transferable and sub-licensable right to use, reproduce, publish, adapt, display and distribute such content on any media.

Liability

To the fullest extent permitted by applicable law we expressly disclaim all warranties, representations and undertakings express or implied statutory or otherwise, including those of quality, merchantability or fitness for a particular purpose. Without limiting the foregoing we make no representation or warranty that:

(a) We will provide uninterrupted or error free access to the website or the services it offers;

(b) The website does not contain any viruses, worms, Trojan horses or other forms of malicious code;

(c) The website or its content do not infringe any third party intellectual property rights;

We are not liable for any loss whether under statute or in tort (including but not limited to negligence), contract or otherwise in respect of any direct, consequential, indirect or pure economic loss, including, in each case, loss of goodwill, opportunity, profit or contract.

Notwithstanding the foregoing nothing in these Terms of Use shall be construed as excluding or limiting the liability of us for fraudulent misrepresentation, death or personal injury of any person resulting from our negligence or for any other liability which cannot be limited by law.

Disputes

Between you and us: Please contact us in the first instance at enquiries@ximbio.com and we will attempt to resolve the dispute in an amicable manner through discussion. If discussions between you and us do not resolve the dispute then we will consider requests for mediation or arbitration as a further alternative to litigation.

Between you and another user: We shall not be liable and you agree to release us from all claims or other demands arising from a dispute between you and another user of this website. You may request and we will give reasonable consideration to providing information and assistance (although we shall not be obliged to do so) where it may resolve the dispute in an amicable manner.

General

All matters relating to these terms and conditions and use of the website shall be governed by English law. All persons accessing this website, whether from within the United Kingdom or outside the United Kingdom, irrevocably submit to the jurisdiction of the English courts in relation to their use of the website. Furthermore, all persons accessing this website irrevocably waive all and any rights to bring any action in any jurisdiction other than England and Wales. Those accessing this site from outside England and Wales are solely responsible for compliance with local laws if and to the extent local laws are applicable.

If we don’t enforce any particular provision of these Terms of Use we are not waiving our right to do so later.

If any provision of these Terms of Use shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not be affected or impaired.

No term of this Agreement is enforceable under the Contracts (Rights of Third Parties Act) 1999 by a person who is not a party to these Terms of Use.