Terms and Conditions of use for the website of Industrie Biomediche Insubri SA (also briefly IBI), www.ibi-sa.com, and all its related and connected websites, www.smartbone.ch, www.smartboneondemand.com and www.ibi-sa.com/labels all being full property of Industrie Biomediche Insubri SA.
Industrie Biomediche Insubri S.A. is a Swiss company established under the Swiss Federal Law.
1. Scope of application, modifications
1.1. Access to, and use of, any part of the website of IBI (hereinafter “the Website”), any document, material or other information, including text, images, sound and software (hereinafter “Information”) made available on the Website and any of the services provided via the Website (hereinafter “Services”) are governed by these terms and conditions of use (hereinafter “Terms and Conditions”) and constitute acceptance of these Terms and Conditions by the user.
1.2. These Terms and Conditions may be superseded by other terms and conditions applicable to individual services or parts of the Website, irrespective of whether or not these Terms and Conditions expressly refer to such other terms and conditions.
1.3. IBI reserves the right to amend these Terms and Conditions at any time by posting amended Terms and Conditions on the Website. Such amendments take effect on the date on which they are posted. Continued use of the Website or its services constitutes acceptance of the changes concerned.
1.4. If any provision of these Terms and Conditions is for any reason held to be invalid, illegal or otherwise unenforceable, such unenforceability does not affect any other provision; the Terms and Conditions are then to be construed as if they had never contained the provision(s) in question and are to be interpreted, in so far as possible, in such a way as to maintain their original intent.
2. Purpose of the Website, modifications, access
2.1. The general purpose of the Website is to enhance public access to information about IBI, its products and its activities and, in particular, to grant access to documents held by IBI in accordance with applicable legal provisions; it will also offer additional services, such as facilities for interactive communication with IBI and/or other users (subject to the specific provisions in Section 9 and any other additional terms and conditions of use).
2.2. Subject to any legal provision governing access to documents held by IBI in electronic form, IBI reserves the right to modify, limit or discontinue – in full or in part and without prior notice – the Services and Information available on the Website at any time, to restrict access to the Website and to deny, without notice and at its sole discretion, any user’s access to the Website or any part thereof.
3. User obligations
3.1. Users of the Website must comply with all applicable laws and regulations. They must refrain from violating or attempting to violate IBI’s network security, and, in particular, from uploading or attaching virus-containing or corrupted files or any software or programs that might damage the operation of another user’s computer. Users must furthermore refrain from restricting, or attempting to restrict in any way access to or use of the Website or any Services by other users (for example by generating, whether manually or in an automated fashion, unusually high numbers of service accesses).
3.2 The Website is not intended to be a source for bulk downloads of data.
4.1. Unless otherwise stated, the Information is of a general nature only and not intended to address the specific circumstances of any particular case, individual or entity. IBI cannot guarantee that the Information is always comprehensive, complete, accurate and up-to-date. Consequently, IBI accepts no responsibility for any loss or damage that may arise from reliance on the Information.
4.2. The Information in no case constitutes professional or legal advice.
4.3. This Website does NOT offer any medical consultancy NOR any medical assistance! All available information have ONLY informative purposes. It is ALWAYS recommended to address clinical needs and medical assistance requests to specialized medical staff.
4.4. Where parts of the Information bear the name of their author(s) or are otherwise clearly attributable to a person or institution not directly affiliated to IBI, they do not necessarily reflect the views of the IBI, which cannot guarantee their accuracy and reliability.
4.5. IBI does not make any representation or issue any guarantee, either express or implied, as to the accuracy, availability, suitability or content of information or services hyperlinked from the Website. Reference on the Website to third-party events, statements, services or products does not necessarily constitute the endorsement or support by IBI for such events, statements, services or products, which remain the sole responsibility of the third party concerned.
5. Copyright, use of content
5.1. Subject to legal provisions exempting official publications from copyright, all Information published on the Website is protected by copyright and owned or controlled by IBI. IBI SA reserves all rights to the extent possible under copyright law.
5.2. Without prejudice to paragraph 3 below, users may use the Information obtained directly from the Website without acquiring a copyright or other proprietary rights to it, unless otherwise stated and subject to the following:
– When such Information is distributed or reproduced, it must appear accurately and the Website must be cited as its source.
– Where users establish links to a specific part or site of the Website, the Website must be the sole element of the browser’s window, i.e. it must not appear within another website’s frame.
This right to use does not allow the user to copy all – or a substantial part of – data, data structure and software of IBI databases made available on the Website; in particular, it does not allow any use of data mining, robots, or similar data-gathering and extraction tools.
Any commercial use of the content of IBI website is stricly forbidden.
No other use of the Information is permitted without prior written authorisation from IBI.
5.3. As an exception to the above, the IBI ‘s official logo and registered trademarks remain protected and may not be used or reproduced without the IBI’s prior written consent, which may be requested at email@example.com. Photographs and other graphical or image material may not be reproduced, published or reprinted without the IBI’s prior written consent, unless the photographs and material are expressly made available for download.
6. Technical errors and malfunctions, availability
6.1. IBI aims at minimising technical errors and malfunctions. However, some data or other parts of the Information may have been created or structured in files or formats that are not error-free. IBI cannot guarantee that the underlying files and the formats used are error-free and will not cause the user’s systems to malfunction.
6.2. IBI cannot guarantee that the Website and the Services will always be available. Whilst IBI is committed to ensuring that the availability of the Website will be essentially uninterrupted and that transmissions will be error-free, this cannot be guaranteed. Access to the Website and its Services may also occasionally be suspended, restricted or impeded to permit repairs, maintenance or the introduction of new services or facilities.
6.3. IBI accepts no responsibility with regard to such problems (including, but not limited to, failure of performance, computer virus, communication line failure, alteration of content, etc.) encountered as a result of using the Website or any linked external sites.
7.1. IBI will use reasonable efforts to include up-to-date and accurate information in this Website, but makes no representations, warranties, or assurances as to the accuracy, currency, or completeness of the information provided.
7.2 IBI shall not be liable for any damages or injury resulting from your access to, or inability to access, this Website, or from your reliance on any information provided at this Website.
7.3. IBI shall not be liable and accepts no representation or responsibility for the functionality or contents of external websites, services or software products hyperlinked from the Website. The use of such websites, services or software products is at the sole risk of the user.
8. Data protection
8.1. When the Website is accessed, certain information about users, such as internet protocol (IP) addresses, navigation through the site, software used and time spent, may be stored by IBI or on its behalf. This information may be used for website traffic analysis only, and not to identify users. No attempt will be made to monitor systematically individual users of IP addresses, or the actions that they perform.
8.2. Personal data may not be recorded or saved without the user’s consent. By completing any data collection form on the Website, the user agrees to the storage and processing of the data entered. All data provided by the user (such as, names, addresses, email addresses, account information, etc.) will be treated as confidential, stored and processed only for the purpose for which it was collected, and made available only to the unit responsible for dealing with it. In particular, personal data will not be passed on to third parties or published or made available for general access without the user’s express agreement or unless necessary to comply with a request by or for the conclusion or fulfilment of a contract with that user, or unless IBI is obliged to make such data available to public authorities.
8.3 The treatment and processing of personal information is always practiced in compliance with the SR 235.1 Federal Act of June 19, 1992 on data protection (LPD) and the respective SR 235.11 Order of June 14, 1993 of the Federal Act on Data Protection (VDSG).
This Legal Notice was last updated July 23rd, 2012.