GENERAL TERMS AND CONDITIONS
Version: April 2019
The company Poxel publishes a website available at the following address: https://www.poxelpharma.com (hereinafter referred to as the “Website”), the purpose of which is to provide information concerning the business activities as well as the products and services developed by Poxel.
Therefore, before any use of the Website, Poxel invites You to read these General Terms and Conditions. If You refuse all or part of any of the provisions of the General Terms and Conditions, please do not use the Website.
2. INTELLECTUAL PROPERTY RIGHTS
The Website and all its elements, in particular but not limited to the trademarks, logos, photographs, programs, data, databases, images animated or not, sounds, drawings, graphics, videos or texts, other than links towards third websites, are the property of Poxel or are subject to a license granted to its profit by any owner of intellectual property rights. The Website and all its elements are protected by the French and international regulations applicable to intellectual property.
Access, consultation, navigation and/or use of the Website does not imply any license or assignment of rights with respect to the Website’s elements. Any copy, reproduction, representation, adaptation, modification or distribution in whole or in part of the Website as well as all or part of its content, by any process whatsoever and on any medium whatsoever, is prohibited and unlawful, unless prior express written authorization has been given by Poxel.
Poxel grants to each User a personal, non-exclusive and royalty-free license to use the Website, for its own use and in the sole purpose of the operations authorized herein. All other rights are reserved.
Failure to comply with these provisions is punishable by criminal penalties, without prejudice to Poxel's other rights, including the right to obtain compensation for the damage suffered.
3. WEBSITE ACCESS
Access to the Website is technically possible 24 hours a day and 7 days per week, unless in case of force majeure, possible breakdowns or any operation of maintenance necessary for the good running of the Website.
You agree to have the necessary skills and means to access and use the Website. In order to access the Website, you must have a computer or any other device with an Internet connection, which parameters enable adequate access to the Website. You declare that You are aware of the related risks and accept them. You acknowledge in particular that the information that passing through or stored may be intercepted or altered through no fault of Poxel.
Nevertheless, it is strongly recommended that You take all necessary precautions to protect your system against the effects of hacking, in particular by adopting a secure and adapted computer configuration, through the implementation of regularly updated virus detection software.
You finally undertake not to use the services offered by Poxel for commercial, marketing, solicitation and advertising purposes. If Poxel becomes aware in any way whatsoever of fraudulent use of the Website, Poxel reserves the right to terminate the contractual relationship, without prior warning or compensation, as well as to deny future access to all or part of its services to the person who has misappropriated or fraudulently used its services.
4. DISCLAIMER OF LIABILITY
The Website is made available to Users “as is”. As such, Poxel does not guarantee in any way the accuracy, quality, lawfulness or suitability for a particular use of the Website, as well as the absence of error, fault or defect.
The User is solely responsible for the use he/she intends to make of the Website and the preservation of the security and integrity of its data, hardware and software when he/she accesses the Website.
Thus, Poxel cannot be held responsible for:
- any dysfunction or bad condition of your IT equipment during or after your navigation on the Website, as well as in case of impossibility of access, poor User condition on the Website imputable to these equipment, the provider of Internet access, Internet network congestion, or any other reason external to Poxel;
- electronic or phone communications expenses induced by the use of your equipment shall be exclusively borne by the User and will not be borne by Poxel,
- any temporary, partial or total unavailability of the Website, in particular in the event of maintenance, technical incident and, more generally, in case of an event beyond the control of Poxel;
- any consequences that may arise from the contents of the websites referred by external links that may be displayed on the Website;
- any breach of the obligations provided by these General Terms and Conditions which would arise or would originate from a fortuitous event or a Force Majeure event (Act of God) as defined by article 1218 of the French Civil Code.
Finally, You acknowledge that Poxel is not responsible for the content of the comments posted on its Website, which are of the responsibility of their authors. However, Poxel may be held liable if it is proven that Poxel has been informed of clearly illegal content and has not acted promptly to remove it.
5. FORWARD-LOOKING SATEMENTS
All statements and expressions are the sole opinion of Poxel and are subject to change without notice. Poxel shall not be held liable for any investment decisions by its readers or subscribers. It is strongly recommended that any purchase or sale decision be discussed with a financial advisor, or a broker-dealer, or a member of any financial regulatory bodies. Information contained herein has been provided for information purposes only. Poxel gives no warranty on the accuracy or completeness of the information, which is only as reliable as the sources from which it was obtained. Investors are warned that they may lose all or a portion of their investment in Poxel or any other company.
Information contained herein contains “forward looking statements” within the meaning of Section 27A of the Securities Act of 1933, as amended and Section 21E of the Securities and Exchange Act of 1934, as amended. Statements expressing or involving discussions with respect to predictions, expectations, beliefs, plans, projections, objectives, goals, assumptions or future events or performance are not statements of historical facts and may be deemed as “forward looking statements”. Forward looking statements are based on expectations, estimates and projections at the time the statements are made, and involve a number of risks and uncertainties which could cause actual results or events to differ materially from those presently anticipated. Forward looking statements may be identified through the use of words such as “expects”, “will”, “anticipates”, “estimates”, “believes”, or by statements indicating certain actions “may”, “could”, “should” or “might” occur.
Poxel reserves the right to amend this General Terms and Conditions, in particular in case of an evolution of its service.
For this reason, Poxel invites the User to regularly consult the Website and read these General Terms and Conditions.
7. CONTRACT ASSIGNMENT
Subject to the applicable law, You agree that the General Terms and Conditions is binding You to Poxel may be assigned, transferred or provided, in any way, to a third party.
If these General Terms and Conditions are translated into any other language, and if there is any inconsistency between the French-language version available on the Website and its translation into any foreign language, the French-language version shall prevail.
9. GOVERNING LAW / JURISDICTION
The General Terms and Conditions are governed by, interpreted and enforced in accordance with French law.
Any legal disputes arising from the interpretation, modification or enforcement of the General Terms and Conditions will, in the absence of an amicable settlement, be under the exclusive jurisdiction of French Courts.