Terms of Use

Latest update: 07/2020

Scope of application

These Terms of Use of the website https://pharmatainer.cellon.lu/ (the Website) govern the relationship between:

Cellon S.A., having its registered office at 16, rue Héierchen L4940 Bascharage, Luxembourg, and registered with the Trade and Companies Register of Luxembourg under number B25789 (hereafter “Cellon”, “we” or “us”)and a User of the Website.

These Terms of Use complement the Privacy Policy and Cookie Policy.

The User may contact Cellon at any time by e-mail to the following address privacy@cellon.lu or by mail to Cellon’s registered office.

Acceptance

The User should read these conditions carefully before using the Website.

By accepting the Terms of Use, the User acknowledges having read and understood the Terms of Use and agrees with these Terms of Use without any limitation or reservation.

In case the User disagrees with the Terms of Use, (s)he shall not consult and/or use the Website and the services and/or products available via the Website.

Purpose

The purpose of the Website is to provide to the User information on Cellon and its products, services and activities, as well as the possibility to communicate with Cellon.

Conditions of use

The access to the Website is free. All costs incurred by the User to access the Website (device, software, Internet connection, etc.) shall be borne by the User.

The Website is directed to adults only and is not directed to children under the age of 18. By accessing or using the Website and thereby agreeing to the Terms of Use, the User represents and warrants to Cellon that (s)he is at least 18 years of age. Cellon reserves the right to ask for any justification of age.

The User shall use the Website in accordance with the following conditions:

  • The access to and use of the Website is for strictly personal use only. The User agrees not to use this Website and the information or data contained therein for its own commercial, political or advertising purposes and for any form of commercial solicitation, including the sending of unsolicited e-mail.
  • The User shall not use the Website and the information or data contained therein to cause nuisance, annoyance or inconvenience, and shall not harm the Website in any way whatsoever.
  • The User shall take appropriate measures to secure his computers and mobile devices via which the Website is accessed or used. This notably includes measures to prevent unauthorized access (physical or logical), malicious software or invasive programs, and exploitation of vulnerabilities with in the hardware or software. The User shall notify Cellon whenever (s)he learns or suspects that the security of the Website may be or has been affected.

Processing of personal data

The User should review Cellon’s Website Privacy Policy and Cookie Policy. to understand what User data is processed by Cellon for which purposes.

Security

Security and confidentiality issues have been taken into account by Cellon when developing the Website. In case the information available on the Website and/or the data transmitted by or to the User would, despite the technical protection measures implemented by Cellon, be intercepted, decrypted, altered, modified or deleted, transmitted to or used by any third party, Cellon declines any liability in relation to direct or indirect consequences which would result therefrom for the User.

Liability

Cellon declines any liability in relation to the direct or indirect consequences:

  1. of problems relating to the accessibility or availability of the Website for whatever reason;
  2. of problems relating to the incompatibility of the Website with the User’s IT equipment, its configuration, its Internet connection or in case of incapacity of the User’s equipment to retrieve the information available on the Website in an appropriate manner and/or to transmit the information relating to the User;
  3. of any damages caused to the User’s hardware or software configuration, as well as of any loss of data resulting from the use of the Website;
  4. of the use of electronic communication means (including but not limited to e-mail) for purposes of communication between Cellon and the User which would contain computer viruses or be intercepted or altered by third parties;
  5. any mistake in the information available on the Website; and
  6. any indirect losses or damages which may be suffered by the User, such as loss of profits, loss of anticipated savings, or loss of business opportunity.

The User accepts that any use of the Website will be under his/her own responsibility. Cellon reserves the right to modify the Website, to modify or delete any information available on the Website or to cease its publication at any time.

Cellon shall in no event be held liable for any direct or indirect damages resulting from the use of the Website or of information available on the Website, in particular any operating, financial or commercial loss or loss of programmes and/or of data, in particular in the User’s information system.

The Website may contain links to other websites. Cellon declines any liability in relation to the contents of such websites.

For the avoidance of doubt, nothing in this clause shall limit Cellon’s liability for gross negligence or wilful misconduct.

Intellectual Property

The Website and its entire content (including designs and editorial content, as well as the description of the documents, description of products and services) are owned by Cellon and/or third parties. The Website and its content are protected by intellectual property rights as provided by the applicable legislation. Only visualisation of the Website and printing of extracts for private use are authorised. The partial reproduction of any database accessible from the Website or of their contents for any use other than a strictly personal use by the User, as well as the substantial or integral reproduction, are forbidden. The User shall in no case transmit, reproduce, sell, use or exploit in any other manner or under any other form any information or document displayed on the Website without the prior written authorisation of Cellon.

Suspension

Cellon can at any time and with immediate effect:

  • suspend, interrupt or limit access to all or part of the Website in case of maintenance services affecting the access to the Website or in case of a force majeure event; and
  • delete any information available on the Website.

Hyperlinks

Hyperlinks may be included on the Website. The User is informed that by clicking on these hyperlinks, (s)he will leave the Website. Cellon has no control over the websites to which these hyperlinks lead and cannot, under any circumstances, be held responsible for their content.

Governing law and jurisdiction

The present Terms of Use are governed by the laws of the Grand-Duchy of Luxembourg.

The courts of the city of Luxembourg shall have exclusive jurisdiction for any litigation arising between the User and Cellon.

Miscellaneous

In case a provision of these Terms of Use would infringe any compulsory or public order provision or in case a provision would be void for any other reason, the validity of the other provisions of the Terms of Use shall not be affected. The parties shall, to the extent possible, undertake to replace the null or void provision by a valid provision which shall reflect the initial spirit on which the Terms of Use are based.

Amendment of the Terms of Use

Cellon reserves the right to amend the Terms of Use at any time, in whole or in part, in particular in order to adapt the Terms of Use to any changes in the Website. The continued use of the Website by the User constitutes the acceptance of the amended Terms of Use by the User.