Biond Biologics Ltd.
Last Updated on August 31, 2023
Biond Biologics Ltd., is an Israeli company, and any of its affiliates, shall be referred to as “Biond”, “Company”, “we,” “us,” or “our”.
1. ACCEPTANCE OF TERMS
This Agreement will apply to any use of the Service by you on anyone on your behalf. Without derogating from the foregoing, any use of the Service is subject to this Agreement and all applicable laws, rules, and regulations in the country in which the Service is being used. The responsibility to read, understand and comply with such applicable law is at your full responsibility as a user.
2. USE OF WEBSITE
- The Company is researching and developing therapies in the fields of oncology and immunology and intracellular delivery of biologics (the “Service”).
- The Company's Website, https://www.biondbio.com/contact-us/// (the “Website”), provides an option to leave contact information for the possibility of future engagement with Biond for providing certain services.
- The Company will use the website for marketing purposes, including for publishing the Service, subject to the Company’s security protocols and policies, and subject to your acceptance of this Agreement, and other relevant terms as may be updated from time to time.
3. DATA PRIVACY AND SECURITY
Our use of information collected or processed about you and any other personal data will be governed by our
4. USE LIMITATIONS
Except to the extent expressly permitted in this Agreement or required by law on a non-excludable basis, the use of the Service shall be subject to the following prohibitions:
- You must not sub-license your right to access and use the Service;
- You must not permit any unauthorized person to access or use the Service;
- You must not use the Service to provide services to third parties;
- You must not copy, or make any alteration to, or access the software code of, the Website or damage, interfere with, or disrupt the integrity, performance or use of the Service;
- You must not use the Service in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
- You must not create any derivative works of Company's Property (as such term defined below) or build a similar or competitive product or service to the Website and/or the Service;
- You must provide the Company with any information which it may reasonably require from time to time to enable the Company to perform its obligations under this Agreement;
- You must provide the Company, at the earliest possible notice, the details of changes to your policies or procedures that may affect any aspect of this Agreement or the Service.
5. YOUR UNDERTAKINGS
- You shall use the Service in accordance with the provisions of this Agreement and the guidelines provided by the Company, from time to time.
- Certain portions of the Service may be provided by Company's third-party licensors, and the Company’s ability to provide such portion of the Service is subject to the willingness of such licensors to continue to contract with it.
- Except as otherwise stated hereunder, the Service are provided “as is” and they may be modified, supplemented, or removed from time to time in the Company's sole discretion in accordance with the terms and conditions hereunder.
- As the Website is never wholly free from defects, errors and bugs. Therefore, and subject to the other provisions of this Agreement, the Company gives no warranty or representation that the Service will be wholly free from defects, errors and bugs.
- As the Service is never entirely free from security vulnerabilities, however, the Company is making efforts to act in accordance with industry practices to prevent such security vulnerabilities.
- The Company will not provide any legal, financial, accountancy or taxation advice under this Agreement or in relation to the Service, and, except to the extent expressly provided otherwise in this Agreement.
6. CHANGES TO THE SERVICE
The Company may change or discontinue the service or provide new, additional, or replacement service. In any such case, you will receive a reasonable prior written notification. In the event of a material change to the scope of the service, you may, within thirty (30) days of receipt of the notification of change, choose to reject such new, additional, and/or replacement services. Unless you provide written notice of your rejection within the said thirty (30) days, the new services will promptly take effect.
7. NO TRANSFER OF OWNERSHIP
All rights, of any kind whatsoever, including, but not limited to, intellectual property rights, copyrights, trademarks, brands, patents, trade secrets, samples, know-how and/or any other material included and/or associated with the Company's Website for providing the Service and the operation thereof or the Service, whether said rights are registered or unregistered, are and shall at all times be exclusively owned by the Company. You are hereby acknowledged that you shall have no rights of any kind in the Company's Website and the Service.
8. INFORMATION & ADVERTISEMENTS POSTED BY THIRD PARTIES
The data published at the Website is for informational, educational, and career guidance purposes only. Use of this information in violation of local laws is prohibited. Biond may display advertisements and sponsors on the Website. Biond does not endorse or recommend the services of any advertiser. The advertiser you select, if and to the extent such is selected by you, is solely responsible for its services to you, their customer. Biond may display links to other sites that may be of interest to you but for which Biond has no responsibility and/or liability in connection therewith. You accept that after leaving the Website to other sites, Biond cannot be responsible in any way for any material that you encounter and we exclude to the fullest extent permitted by law all liability that may arise with respect to or as a result of such material causing any damage, costs, injury or financial loss of any kind.
9. THIRD PARTY SERVICE PROVIDERS
The use of any third-party vendors, software, or other service providers in connection with the Service, is further subject to the terms and conditions of such third-party, and the services provided thereunder. Furthermore, under certain circumstances, such third-party services may be interrupted, defected or otherwise not be available to the You, due to applicable regulations or other related matters. Without derogating from the disclaimers set forth above, Biond makes no guarantee to the services provided by those third-parties, and shall not be held liable for any losses or damages incurred as a result of any third-party services.
10. LIMITED LIABILITY
- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW AND EXCEPT FOR INSTANCES OF A PARTY’S INTENTIONAL MISCONDUCT, IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR ANY PUNITIVE, EXEMPLARY, MULTIPLE, INDIRECT, CONSEQUENTIAL, SPECIAL, OR LOST PROFITS DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT, WHETHER FORESEEABLE OR UNFORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR BREACH OF CONFIDENTIALITY, INTENTIONAL MISCONDUCT OR FRAUD, EITHER PARTY’S MAXIMUM LIABILITY TO OTHER PARTY SHALL BE THE AMOUNTS ACTUALLY PAID OR PAYABLE TO THE COMPANY BY YOU UNDER THIS AGREEMENT IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO YOUR CAUSE OF ACTION.
- All the terms and limitations of this Agreement, including the warranty and liability limitations and exclusions, are fair and reasonable in light of the amounts to be paid by you, the nature of the Service, the strength of the bargaining position of each party, the alternative ways that your needs could have been met and the potential benefits and risks for both party in entering into this Agreement.
To the maximum extent permitted by any applicable law, subject to the limitations described in this Agreement, you agree to indemnify, defend and hold, the Company and its affiliates, and anyone acting on their behalf, harmless, at your own expense and immediately after receiving a written notice thereof, from and against any damages, losses, demands, costs, liabilities, damages and expenses, including attorney’s fees, legal expenses and expert fees’ and other costs of litigation, resulting or arising from, incurred as a result of or in any manner related to your breach of the Agreement or any other use by you of the Service in violation of any applicable law.
12. FORCE MAJEURE
The Company shall not be liable for any failure to perform its obligations hereunder due to a cause beyond its reasonable control, including without limitation, strike, labor or civil unrest or dispute, embargo, blockage, work stoppage, protest, war, terrorism, or acts of God such as fires, floods, electrical storms, pandemic, and natural catastrophes (including Covid-19). In the event of a force majeure, the performance of the Company's obligations shall be suspended during the period of existence of such force majeure as well as the period required thereafter to resume the performance of the obligation.
13. GOVERNING LAW
14. CHANGES TO THESE TERMS
We may modify these terms, including any supplements or addenda, by posting an amended version and including the date of the revision. The amended version will be effective at the time we post it, unless otherwise noted. If such modifications constitute a material change to these Terms, we will provide you with reasonable prior notice before the modifications become effective to you. If you continue to use the Platform or Services after any such modification takes effect as provided in the applicable notice, you will be deemed to have consented to the revised terms.
Assignment. We may assign, pledge, delegate or otherwise transfer these Terms or their rights, powers, remedies, obligations, and duties of performance under these Terms at any time. Any such assignee will have all rights as if originally named in these Terms instead of us. You may not assign these Terms or any rights hereunder, or delegate any of your obligations or duties of performance, without our express written consent.
Non-wavier. Any waiver, modification, or indulgence that we provide to you, of any kind or at any time, applies only to the specific instance involved and will not act as a general waiver or a waiver, modification, or indulgence under these terms for any other or future acts, events, or conditions. Further, any delay in enforcing our rights under these terms does not constitute forfeiture of such rights delegate any of your obligations or duties of performance, without our express written consent.
16. CONTACT INFORMATION