Biostarks Europe
Terms of Use
Last updated: June 2022
1. About Biostarks Europe and these Terms of Use
Biostarks Europe SARL has its registered offices at La Voie Creuse 16, 1202 Geneva (GE), Switzerland and Biostarks Europe Laboratories SA, has its registered offices at route de l’Ile-au-Bois, 1A, 1870 Monthey (VS), Switzerland (“CME SA”) (collectively referred to as the “Company”). In these Terms of Use, we use “Biostarks Europe” and “we“, “us” and “our” to refer to the Company, its parent company, its affiliated companies.
These terms of use (“Terms of Use”) govern the use of Biostarks Europe websites and associated mobile or digital applications (together the “Platforms”) by natural or legal persons visiting, linking to or using in any way the Platforms (the “Users”). The Platforms are owned and edited by Biostarks Europe.
Please read these Terms of Use carefully before using the Platform. By using any of the Platforms, you signify your assent and agreement to these Terms of Use. If you do not agree to these Terms of Use, then you are not authorized to continue use of the Platforms.
2. Biostarks Europe Privacy policy
Our collection and processing of Personal Data on the Platforms, such as the types of information we collect regarding Users and the ways in which we may use that information, are governed by the terms of our Privacy Policy.
3. Use of materials on the Platforms
Biostarks Europe has created its various Platforms to provide information about its company, services and products. Whilst considerable effort has been made to ensure that the representations of Biostarks Europe products and services displayed on the Platforms are accurate and representative, slight variations, distortions and/or differences may be apparent when compared to the original product or actual results. This may, for example, be due to technical issues such as browser or computer settings. Accordingly, Biostarks Europe cannot be held liable for any differences between the Platforms and the original products or actual results.
Users may download one computer copy or print one copy of the material made available via the Platforms, for their own non-commercial, educational, private or domestic use only, provided that proprietary notices, in particular intellectual property notices such as copyright©, trademark™, preserved intact and are not modified, deleted or changed. Unless otherwise stated, Users should assume that everything that they see or read on the Platforms (such as images, photographs, including any person represented in the photographs, illustrations, icons, texts, video clips, music, written and other materials) (“Biostarks Europe Material“) are protected by legislation such as copyright, designs and trademark legislation and under international treaty provisions and national laws worldwide.
Users are not authorized to sell, reproduce, distribute, communicate, modify, display, publicly perform, report or otherwise prepare derivative works based on or use any Biostarks Europe Material in any way for any public or commercial purposes. Furthermore, Biostarks Europe Material may not be displayed or communicated on any other platform, in a networked computer environment or on any other digital platform for any purpose whatsoever, without prior written consent of Biostarks Europe. In the event of breach of any of these Terms of Use, the User’s permission to use Biostarks Europe Material will automatically terminate and any copies made of Biostarks Europe Material must be immediately destroyed. Any unauthorized use of Biostarks Europe Material may infringe copyright laws, trademark laws, the laws of privacy and publicity, and other regulations and statutes
4. Submissions and unsolicited communication
This section concerns communications sent to Biostarks Europe.
It does not concern the communication of personal information to Biostarks Europe in relation to User enquiries, the use of services or the purchase of products by phone or through the Platforms, which are governed by our Privacy Policy.
Any unsolicited communication or material transmitted by the User to Biostarks Europe via the Platforms or through social media, by electronic mail or otherwise, including, but not limited to, any data, questions or answers, comments, suggestions, or the like will be treated as non-confidential by Biostarks Europe. By sending communications to Biostarks Europe, the User automatically grants Biostarks Europe a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display such communication(s) alone, or as a part of other works in any form, media, or technology whether now known of hereafter developed and to sublicense such rights to anyone. Anything that the User transmits may be used by Biostarks Europe and its affiliated companies for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting, or developing, manufacturing and marketing products or services using such information.
Biostarks Europe is well-known for the distribution and research of immunity, nutrition, sport performance and anti-aging products and services. As a result, Biostarks Europe cannot agree to or accept to be the receiver of unsolicited proposals of collaboration from any User. Indeed, it is conceivable that Biostarks Europe may already be working on similar ideas, inventions and/or creations. Consequently, Users are advised that Biostarks Europe is not interested in receiving ideas or other proposals relating to creations or inventions they may wish to submit.
5. Limitation of liability
Biostarks Europe tries to ensure that the information provided is accurate and complete. However, Biostarks Europe does not warrant or represent that Biostarks Europe’s Material is accurate, error-free or reliable or that use of Biostarks Europe Material will not infringe rights of third parties.
Biostarks Europe does not warrant that the functional and/or technical aspects of the Platforms or the Biostarks Europe Material will be error free or that the Platforms, Biostarks Europe Material or the servers that make them available are free of viruses or other harmful components. If use of the Platforms or Biostarks Europe Material results in the need for servicing or replacing property, material, equipment, data or other element, Biostarks Europe is not responsible for those costs. Without limiting the foregoing, everything on the Platforms is provided to Users “AS IS” AND “AS AVAILABLE” AND, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED. Biostarks Europe and its suppliers make no warranties about the Biostarks Europe Material, software, text, downloads, graphics, and links, or about results obtained from using the Platforms.
To the fullest extent permitted by applicable law, Biostarks Europe shall not be liable for any indirect, incidental, special or consequential damages of any kind arising out of or in connection with the use of information available from the Platforms or any liability relating to any loss of use, interruption of business, lost profits or lost data, regardless of the form of action, whether in contract, tort (including negligence) or otherwise, even if Biostarks Europe has been advised of the possibility of such damages.
Please note that in some jurisdictions consumer protection laws may not allow certain exclusions or limitation of warranties or liabilities, and consequently some of the above exclusions and limitations may not apply.
6. Trademark notice
In general, all trademarks, logos and service marks (collectively the “Trademarks“) that appear on the Platforms are registered, unregistered or otherwise protected Biostarks Europe trademarks or are licensed for use by Biostarks Europe by third parties. These other trademarks are proprietary marks and are registered to their respective owners. Nothing contained on the Platforms should be construed as granting, by implication or otherwise, any license or right to use any trademark without Biostarks Europe’s prior written permission or that of such third party who owns the trademark. Misuse of any trademark displayed on the Platforms, or any other content on the Platforms, except as provided herein, is strictly prohibited.
7. Copyright notice
All content (including Biostarks Europe Materials) on the Platforms are either Copyright © Biostarks Europe or are licensed for use by Biostarks Europe. All rights are reserved. Please refer to the section above on Use of Materials on the Platforms.
8. Links & linking
The Platforms may contain links to other platforms operated by third parties not affiliated to Biostarks Europe. The inclusion of any link to such third party sites does not imply endorsement by Biostarks Europe of those sites. Biostarks Europe has not reviewed all of the content contained in the linked sites and is not responsible for the content or accuracy of any off-site pages or any other sites linked to any of the Platforms. When Users choose to click through any link to off-site pages or third party sites then this is at their own risk.
Biostarks Europe does not authorize linking to any of its Platforms from a third party platform without its express prior written authorization.
9. Termination and suspension
Users agree that Biostarks Europe may terminate or suspend their access to and use of the Platforms, with or without notice, if Biostarks Europe reasonably believes that they have violated or acted inconsistently with the letter or spirit of these Terms of Use, or violated the rights of Biostarks Europe, its affiliated companies or any third party. Users agree that Biostarks Europe may modify or discontinue providing any of the Platforms, with or without notice. Users agree that Biostarks Europe will not be liable to them or any third party as a result of such modification or discontinuation. The provisions entitled “Limitation of liability” and “General provisions” will survive termination of these Terms of Use.
10. General provisions
Unless otherwise specified, the information and materials presented on the Platforms are presented solely for the purpose of promoting Biostarks Europe’s products and services and in certain cases to present products for sale via a variety of means. Biostarks Europe makes no representation that Biostarks Europe Material is appropriate or available for use in every country of the world. You are responsible for compliance with applicable local laws, keeping in mind that access to Biostarks Europe Material may not be legal by certain persons or in certain countries. Our products are available in many parts of the world. However, the Platforms may identify products that are not available worldwide.
If any provision, or part of a provision, of these Terms of Use is found to be illegal, invalid or unenforceable, that provision or part-provision shall be deemed not to form part of these Terms of Use, and the legality, validity or enforceability of the remainder of the provisions of these Terms of Use shall not be affected, unless otherwise required by operation of applicable law.
These Terms of Use constitute the entire agreement between the User and us in relation to the use of the Platform, and replace and extinguish all prior agreements, draft agreements, arrangements, undertakings, or collateral contracts of any nature made by the parties, whether oral or written, in relation to such subject matter.
The waiver by Biostarks Europe of a breach of any provision of these Terms of Use will not operate to be interpreted as a waiver of any other or subsequent breach.
11. Updates to these Terms of Use
We may make changes from time to time to these Terms of Use so please check back regularly to keep informed of updates. The latest version of these Terms of Use will always be available on the Platform. Any new version of these Terms of Use shall take effect and will govern the use of the Platform and your relationship with us immediately upon the date of posting. By continuing to use any of the Platforms, you agree to be bound by the terms of these updates and amendments.
12. Applicable law and jurisdiction
These Terms of Use shall be governed by and construed in accordance with the laws of Switzerland without reference to conflict of laws provisions. Any dispute, controversy or claim arising out of or in relation to the Terms of Use, including the validity, invalidity, breach or termination of the Terms of Use, shall be adjudicated or arbitrated in accordance with the Terms of Use.
13. Contact us
If you have any questions or comments about these Terms of Use, or matters generally, please contact us at the following address: Biostarks Europe SARL, La Voie Creuse 16, 1202 Geneva, Switzerland. Email address: contact@biostarks.com