terms and conditions for end users
By accepting this Agreement, you agree to be bound by and abide by its terms and conditions. Your use of the Service indicates your continued acceptance of this Agreement. You agree that the electronic acceptance of this Agreement is intended to have the same force and effect as if this Agreement were physically signed. If you do not accept these terms and conditions, you should abandon the website: www.bio4dreams.com.
“End User” shall mean those individuals with a business idea (so-called Startuppers) and/or those persons (including without limitation, Company’s legal representatives, Company's employees, advisors, representatives, consultants, contractors or agents or any other third party) who are authorized by the Startup/Company to use the Service.
“Service” shall mean the section of the website www.bio4dreams.com in which End Users can upload their files, included their project deck. Moreover, Service shall include the subsequent activities performed by Bio4Dreams S.p.A. related to the evaluation of the uploaded project deck (including but not limited to collection of data and materials, analysis of the documentation, evaluation of the project, feedback and follow up meetings, etc.).
“Uploaded files” shall mean every file - included project deck - that End Users upload through the “Service”.
“Confidential Information” shall mean information that End User considers to be confidential; Confidential Information may include, without limitation, data, know-how, inventions, patents, copyright, trade secrets, and other proprietary information, designs, plans, processes, drawings, specifications, algorithms, reports, customer and suppliers lists, pricing information, marketing techniques and materials, future projections, forecasts or roadmaps whether related to either Party’s past, present or future business activities, research, manufacturing, design, development or products.
2. ACCESS TO THE SERVICE
You can access the Service through the website: www.bio4dreams.com. Access to the Service is provided via the Internet. You are required to supply all software or hardware needed to access the Service, such as a computer, an Internet connection, and compatible Web browser software. In addition, you may be required to download and/or install additional software (e.g., certain software plug-ins or software applications) in order to access certain data on the Service.
The Service may contain one or more hyperlinks to third-party websites and services. Bio4Dreams is not responsible for information gathered from, or the use of, any of these third-party websites and services.
3. OWNERSHIP OF THE SERVICE
Bio4Dreams S.p.A. only provides you with the right to access and use the Service. Bio4Dreams S.p.A. retains sole and exclusive ownership of all rights, titles, and interests in and to the Service (including ownership of all trade secrets, copyrights, and other intellectual property rights pertaining to the Service, but not including any End User Data) and to all modifications and enhancements of the Service.
YOU CONFIRM THE UPLOADED FILES DO NOT INCLUDE ANY CONFIDENTIAL INFORMATION.
Bio4Dreams S.p.A. will only access and process End User Data and End User uploaded files, included Project Deck:
a) in furtherance of delivery of the Service or performance of subsequent interactions with the End User;
b) as otherwise required by applicable law;
Bio4Dreams S.p.A. may also use and disclose statistical data regarding the use of the Service; however, no End User, client or data transfer shall be identified in connection with such statistics.
5. COMPLIANCE WITH LAWS
You also represent and warrant that any data, media, or other content you disseminate through the Service does not violate the intellectual property rights or other rights of any third party.
6. LIMITED WARRANTY
You acknowledge that neither Bio4Dreams S.p.A. nor any other third party partner or agent involved in the provision of the Service (each such third party, a "Third Party Provider") can ensure that the operation of, performance of, and/or access to the Service will be uninterrupted or error-free. As your exclusive remedy for any material defect in the Bio4Dreams’ website affecting access to the Service, Bio4Dreams S.p.A. will attempt through reasonable efforts to correct or cure any such reproducible and documented material defect.
Bio4Dreams S.p.A. does not and cannot control the flow of data to or from the Service, as such flow depends in large part on the performance of computer hardware and Internet services and software provided or controlled by third parties (including you), on the public infrastructure, and on other events beyond the reasonable control of Bio4Dreams S.p.A.. At times, action or inaction of third parties, hardware/software problems with the public infrastructure or with your computing equipment, or other events beyond the reasonable control of Bio4Dreams S.p.A. impair or disrupt your connection to the Service. Save as specified in the foregoing paragraph, Bio4Dreams will not be liable for any such interruptions in your ability to access the Service resulting from or related to such services, software, or events.
You acknowledge that the transmission of data via the Service is subject to the likelihood of human and machine errors, omissions, delays, and losses (including but not limited to viruses or inadvertent loss of data or damage to media) that may give rise to loss or damage. Bio4Dreams S.p.A. will not be liable for any such errors, omissions, delays, or losses, except to the extent caused by its gross negligence or willful misconduct.
The Service should only be used as a conduit for information, not as primary information storage. As an End User, you are responsible for adopting reasonable measures to limit the impact of data loss (such as corruption or virus infection), including (a) keeping on your local computer backup copies of data you transmit via the Service in the event you have to re-transmit the data; (b) verifying the data in documents or other materials before transmitting them via the Service; You shall also run antivirus software on any computer you use to access the Service and shall ensure that documents and files transmitted through the Service have been scanned for viruses.
When an End User accesses the Bio4Dreams’ website, navigation data may be retained as cache within the browser in use.
8. CONSENT TO COMMUNICATIONS
You consent to the receipt of newsletters and service alerts from Bio4Dreams S.p.A..
9. DISCLAIMER OF LIABILITY
IN NO EVENT WILL EITHER BIO4DREAMS S.p.A. (INCLUDING ITS CURRENT AND FORMER SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES AND AGENT) OR ANY THIRD PARTY PROVIDER BE LIABLE TO YOU IN RELATION TO THIS AGREEMENT FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITY, LOSS OF REVENUES OR SAVINGS, LOSS OF DATA OR COSTS OF RECREATING LOST DATA) WHETHER BASED ON CONTRACT, TORT OR ANY OTHER LEGAL THEORY, EVEN IF BIO4DREAMS S.p.A. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION UPON DAMAGES AND CLAIMS IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE BEEN HELD TO BE INVALID OR INEFFECTIVE.
FURTHERMORE, THE LIABILITY OF BIO4DREAMS S.p.A. (INCLUDING THE CURRENT AND FORMER SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS OF EACH) AND ANY THIRD PARTY PROVIDER TO YOU IN RELATION TO THIS AGREEMENT WILL NOT IN ANY EVENT EXCEED THE AGGREGATE AMOUNT OF ONE THOUSAND EUROS (€ 1.000,00). THE FOREGOING NOTWITHSTANDING, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR OTHERWISE LIMIT ANY LIABILITY FOR (A) PERSONAL INJURY OR DEATH CAUSED DIRECTLY BY THE NEGLIGENCE OF BIO4DREAMS S.p.A. OR A THIRD PARTY; OR (B) FRAUDULENT MISREPRESENTATION; OR (C) WILLFUL MISCONDUCT. THE FOREGOING LIMITATIONS ARE A FUNDAMENTAL PART OF THE BASIS OF THE BARGAIN HEREUNDER.
10. INDEMNIFICATION RELATING TO UPLOADED DATA/FILES
If you upload End User Data/Files, you will hold harmless and indemnify Bio4Dreams S.p.A. from and against any and all damages, losses, costs and expenses (including reasonable attorneys' fees) incurred by Bio4Dreams S.p.A. in connection with any action or proceeding brought by a third party that is based on any material violation by you of any applicable law, regulation, third party right or third party agreement governing the posting or use of such End User Data.
This Agreement is governed by, and construed in accordance with the laws of Italy, without regard to conflict of law rules.
The parties hereto consent to the exclusive jurisdiction of the Court of Milan.
Except as otherwise stated below, neither party may assign this Agreement or any rights or obligations hereunder without the prior written consent of the other party. In the event of any proposed assignment of this Agreement to an Affiliate of a party, such consent shall not be unreasonably withheld. Either Party shall have the right to assign this Agreement in connection with the merger, reorganization or acquisition of such party or the sale of all or substantially all of its assets related to this Agreement, without such consent. Any purported assignment of this Agreement in violation of this subsection shall be invalid. This Agreement shall be binding upon and inure to the benefit of the parties, their respective successors and permitted assigns.
All provisions of this Agreement which expressly or by implication continue to govern the parties' rights and obligations after termination of use of the Service shall survive notwithstanding completion of any transaction or project in connection with which the Service is used or deletion of any access to the services and platforms of Bio4Dreams S.p.A..
This Agreement is the complete and exclusive statement of the agreement between you and Bio4Dreams S.p.A. and supersedes any and all other proposals or agreements, written or oral, and any other communications between you and Bio4Dreams S.p.A. relating to your use of the Service (and you shall have no right of action - except in the case of fraud - against Bio4Dreams S.p.A. in connection with any such proposals, agreements or communications). If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such holding will not impair the validity, legality, or enforceability of the remaining provisions. No waiver by Bio4Dreams S.p.A. of any breach of any term or condition of this Agreement will constitute a waiver of, or consent to, any subsequent breach of the same or any other term or condition of this Agreement. Except as explicitly set forth herein, no other act, document, usage, custom, or course of dealing shall be deemed to amend or modify this Agreement. Notices pursuant to this Agreement shall reference this Agreement and shall be provided (a) if to Bio4Dreams S.p.A., by registered mail return receipt requested (email@example.com), or internationally-recognized courier service to Bio4Dreams S.p.A.: Piazzale Principessa Clotilde 4/A – CAP 20121 – Milano (MI) – Italy or (b) if to you, by email to the email address provided accessing the Service. Notice shall be deemed effective upon delivery.
15. CHANGES TO END USER AGREEMENT
Bio4Dreams S.p.A. will have the right to modify this Agreement from time to time. Bio4Dreams S.p.A. will notify you of any such material modification by email. You understand and agree that your continued use of the Service following the receiving of such notice indicates your acceptance of any such modifications, which will become a part of this Agreement.
BY ACCEPTING THIS AGREEMENT AND CONTINUING TO USE THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.