TERMS & CONDITIONS
This website is operated by or on behalf of Biophys Ltd (Company registration No 6617855 with registered office at 4 Four Ash Court, Usk, NP15 1BE, United Kingdom). Any reference to “YOU” refers to you, the user of this website. Any reference to “Biophys Ltd” or “US” refers to us, Biophys Ltd.
Your agreement to these terms and conditions of website use
By continuing to use this website or any associated website or webpage, YOU unequivocally agree to adhere to these terms and conditions of website use. If YOU do not agree to all of these terms and conditions, please leave this website. We may make changes to these terms and conditions at any time. By continuing to use our website after any changes to our terms and conditions have been made, YOU will be deemed to agree to such changes and to adhere to the terms and conditions then in force. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any change to these terms and conditions then you must immediately stop using our website.
Purpose of our website
The Biophys Ltd website is designed to provide a general overview about Biophys Ltd to a wide variety of non-specialist audiences. It is intended to be a general information resource relating to the subject matter covered, but this information is provided to YOU solely on an “As is” and “As available” basis and we make no representations, endorsements, warranties or guarantees of any kind, whether express or implied, that the Biophys Ltd website or any content thereon is accurate, complete, up-to-date, secure, of satisfactory quality, fit for any particular purpose or compatible with any third party site(s) or system(s). To the fullest extent permitted by law, all such terms and warranties are hereby excluded. YOU are therefore encouraged to confirm any information contained on our website with other sources. YOU specifically acknowledge that this website is not intended to provide medical or any other advice to YOU or to anyone else. In particular, YOU agree to review any healthcare information relevant to your specific circumstances that you have found on our website carefully with your professional healthcare provider, before acting upon it. The information provided on this website is not intended to replace medical advice offered by a physician and if YOU desire or need such services or advice, YOU should consult a professional healthcare provider. YOU acknowledge that the information contained on our website has not been reviewed or verified by a medical professional or professional healthcare provider and may therefore contain inaccuracies or errors and YOU agree that we shall have no liability whatsoever for any such inaccuracies or errors, to the fullest extent permitted by law.
Any links to the products and services of third parties from this website should not be construed as any endorsement or recommendation by us of, or any warranty or guarantee by US in relation to, any such product or service, or of any strategy, recommendation, treatment, action, or application of medication or preparation made by those third parties.
YOU acknowledge that we are under no obligation whatsoever to update the information provided on our website.
We reserve the right to modify or withdraw, temporarily or permanently, our website (or any part of it) with or without notice to you and we shall not be liable to you or any third party for any modification to or withdrawal of our website.
YOU also acknowledge that we may prevent, suspend, discontinue, change, or restrict your use of or access to our website at any time for any reason whatsoever, without prior notice to YOU. Biophys Ltd reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access by YOU or any person from a particular internet address to the website.
Making use of our website
Provided always that YOU agree to adhere to these terms and conditions, Biophys Ltd will allow YOU to view, use and download a single copy of the website for your own informational, private, non-commercial use. Otherwise, no part of the website, any content thereon, or anything else accessible via our website may be copied, downloaded or stored by YOU in a retrieval system, or redistributed by YOU for any purpose, without the express written permission of Biophys Ltd . YOU agree that your use of our website will be strictly in accordance with the permission granted by US to YOU as set out in these terms and conditions.
Communications via our website
YOU agree that we are entitled to treat any communication or material that YOU transmit to US via our website or electronic mail as non-confidential. YOU also agree that Biophys Ltd may in its discretion use any such communication or material that is transmitted to US for any purpose whatsoever, including reproduction, publication, posting and reposting, and that Biophys Ltd shall have no responsibility or liability to YOU whatsoever in respect of such use.
Links to third party websites
Biophys Ltd is not responsible for the content available on any third party website that is either linked to our website or that itself provides links to our website. Any such links to third party websites by Biophys Ltd do not imply endorsement by US of material or content on those websites. We disclaim all liability with respect to any access by YOU to such linked third party websites and by continuing to use this website, YOU accept this disclaimer to its fullest possible extent permitted by law.
Linking to our website
If YOU wish to link to our website, YOU must agree to adhere to our linking policy as follows: (1) any link to our website must be a text only link clearly marked “Biophys Ltd website”; (2) the appearance, position and other aspects of the link may not be such as to damage, dilute or take undue advantage of the goodwill associated with our names and trademarks; (3) the link must “point” to the specific URL: Biophys.uk and not to other pages within our website; (4) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, endorsed by or associated in any way with US or any other Biophys Ltd company or any of its affiliates, licensors, licensees or collaborators; (5) when selected by a user, the link must display the website on full-screen and not within a “frame” on the linking website; (6) Biophys Ltd reserves the right to revoke its consent to a link at any time and in its sole discretion and by continuing to use this website YOU agree to this reservation of rights by US.
The trademarks and service marks appearing on this website are trademarks or service marks of Biophys Ltd, its affiliates, licensors, licensees or collaborators, unless otherwise noted. The entire content of this website, including any images or text, is subject to copyright and (except as specified above in relation to individual use, under “Making use of our website”) may not be distributed, downloaded, modified, reused, reposted or otherwise used without the express written permission of Biophys Ltd. YOU acknowledge that any use or misuse of our trademarks, copyright, or other materials is expressly prohibited and may be in violation of trademark law, copyright law, communications regulations and other laws, statutes and/or regulations.
We make no representation, endorsement, warranty or guarantees of any kind, whether express or implied, as to the accuracy, completeness or reliability of any content available on our website. YOU agree that YOU remain solely responsible for verifying for yourself any information contained on our website before relying on it. We make no representation, endorsement, warranty or guarantee that your use of our website will be interrupted or error-free.
We do not guarantee that our website will be secure or free from viruses or other malware. YOU agree that you are solely responsible for taking precautions to ensure that any content that you choose to access and/or download from our website is free from viruses or other malware. We will not be liable for any loss or damage caused by a virus or any other technologically harmful material that may infect your machine or system due to your use of our website.
Limit of Liability
In no event will Biophys Ltd be liable to YOU, or to any other user of our website, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, for any losses or damages arising out of or in connection with use of, or inability to use, our website, or with reliance on any content available on or through our website, including, without limitation, any loss of profits, data, goodwill, sales, business, revenue, anticipated savings, business opportunity, reputation (in all these cases whether direct or indirect), any business interruption (whether direct or indirect), or any indirect, consequential or special loss or damage.
Biophys Ltd does not warrant that the functions of or materials accessible from or contained in our website will be uninterrupted or error free, that defects will be corrected, or that our website or the server that makes it available are virus or bug free or represent the full functionality, accuracy and/or reliability of the same. To the fullest extent permitted by law, Biophys Ltd excludes all conditions, warranties and/or representations, whether express or implied, which may apply to our website or any content on it.
Any reference to “YOU” refers to you, the user of this website. Any reference to “Biophys Ltd ” or “US” refers to us, Biophys Ltd
References in this Policy to:
(a) “Data Protection Law” means the Data Protection Act 1998 (until repealed), the Data Protection Directive (95/46/EC) (until repealed) and, from 25 May 2018, the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union, and all applicable laws and regulations which may be in force from time to time relating to the processing of Personal Data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction; and
(b) “Personal Data”, “Data Controller”, “Data Processor”, “processing” and “Information Commissioner” shall have the meanings given to them in applicable Data Protection Law.
For the purposes of applicable Data Protection Law, we (Biophys Ltd) are a Data Controller and therefore we are responsible for, and control the processing of, your Personal Data in accordance with applicable Data Protection Law. “Personal Data” has a legal definition but, in brief, it refers to information from which a living person can be identified. Such information must be protected in accordance with applicable Data Protection Law.
What information we collect
In running and maintaining our website, we may collect and process the following information about you which may constitute Personal Data
– information about your use of our website, including details of your visits such as pages viewed, the resources that you accessed, and other technical information including IP address, operating system, browser type and related information regarding your visit to and your interactions with our website;
– information provided voluntarily by you through our website, such as your name, company, your role in your company and email address;
– other contact information that you provide when you communicate with us, such as your email address.
We are committed to ensuring that your information is secure. In order to prevent unauthorised access or disclosure we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information that we collect from you online. These include data minimisation procedures, whereby we will only collect Personal Data that we need and will only hold this for as long as we need to hold it in order to process it in line with this Policy. However, if required we will be entitled to hold Personal Data for longer periods in order to comply with our legal or regulatory obligations.
Unfortunately, the sending of information using the internet is not always totally secure and on occasion, such information can be intercepted. We cannot guarantee the security of any data that you choose to send to us electronically and you agree that if you do this, it is entirely at your own risk.
Legal basis for processing your Personal Data
From 25 May 2018, under applicable Privacy and Data Protection Requirements we may only process your Information if we have a “legal basis” (i.e. a legally permitted reason) for doing so. For the purposes of this Policy, our legal basis for processing your Information is (subject to your rights set out below under in “Controlling your personal information – Your rights” the legitimate interest of providing information and/or services to users of our website.
What we do with the information that we collect
We require the information that we collect so that we can contact you about the website and in particular for the following reasons:
– our own record keeping;
– to improve our service;
– to process any communications you send us and to respond to your queries by email using an email address that you have provided;
– to customise the website according to your interests and preferences and to ensure that content from the website is presented in the most effective manner for you and for your device;
– for administration, maintenance and improvements of the Website and/or our services
– to investigate and address any comments, queries or complaints made by you or other users of our website;
– to establish and better manage any business relationship we may have with you; and
– to comply with our legal obligations, including obligations relating to the protection of Personal Data.
Disclosure of your information
We will not disclose your personal information to any other party other than in accordance with this Policy and in the specific circumstances set out below:
– in the event that we sell any or all of our business, in which case your information may be disclosed to our advisers and any prospective purchasers and their advisers and will be passed on to the new owners of the business;
– where we are legally required by law or judicial order to disclose it; and
– to further protection against fraud and to reduce the risk of fraud.
We may disclose aggregated, anonymous information (i.e. information from which you cannot be personally identified), or insights based on such anonymous information, to selected third parties, including (without limitation) analytics and search engine providers to assist us in the improvement and optimisation of our website. In such circumstances we do not disclose any information which can identify you personally.
A cookie is a small file which asks permission to be placed on your computer’s hard drive. Once you agree, the file is added and the cookie helps analyse web traffic or lets you know when you visit a particular site. Cookies allow web applications to respond to you as an individual. The web application can tailor its operations to your needs, likes and dislikes by gathering and remembering information about your preferences.
We use traffic log cookies to identify which pages on our website are being used. This helps us analysing data about web page traffic and improve our website in order to tailor it to the needs of users. We only use this information for statistical analysis purposes and then the data is removed from our systems.
You can set your system not to accept cookies if you wish (for example by changing your browser settings so cookies are not accepted), however please note that some of our website features may not function if you remove cookies from your system. For further general information about cookies please visit www.aboutcookies.org or www.allaboutcookies.org.
Links to other websites
Controlling your personal information – your rights
We will not sell or distribute your personal information to third parties unless we have your permission or are required by law to do so.
If you are an individual, this section sets out your legal rights in respect of any of your Personal Data that we are holding and/or processing. If you wish to exercise any of your legal rights you should put your request in writing to us to firstname.lastname@example.org giving us enough information to identify you and respond to your request.
(a) You have the right to request information about Personal Data that we may hold and/or process about you, including: whether or not we are holding and/or processing your Personal Data; the extent of the Personal Data we are holding; and the purposes and extent of the processing.
(b) You have the right to have any inaccurate Personal Data we hold about you be corrected and/or updated. If any of the Personal Data that you have provided changes, or if you become aware of any inaccuracies in such Personal Data, please let us know in writing giving us enough information deal with the change or correction.
(c) You have the right in certain circumstances to request that we delete all Personal Data we hold about you (the ‘right of erasure’). Please note that this right of erasure is not available in all circumstances, for example where we need to retain the Personal Data for legal compliance purposes. If this is the case we will let you know.
(d) You have the right in certain circumstances to request that we restrict the processing of your Personal Data, for example where the Personal Data is inaccurate or where you have objected to the processing (see below).
(e) You have the right to request a copy of the Personal Data we hold about you and to have it provided in a structured format suitable for you to be able to transfer it to a different data controller (the ‘right to data portability’). Please note that the right to data portability is only available in some circumstances, for example where the processing is carried out by automated means. If you request the right to data portability and it is not available to you we will let you know.
(f) You have the right in certain circumstances to object to us processing your Personal Data. If so, we shall stop processing your Personal Data unless we can demonstrate sufficient and compelling legitimate grounds for continuing the processing which override your own interests.
(g) You have the right in certain circumstances not to be subject to a decision based solely on automated processing, for example where a computer algorithm (rather than a person) makes decisions which affect your contractual rights. Please note that this right is not available in all circumstances. If you request this right and it is not available to you we will let you know.
If you have any concerns about how we collect or process your Information then you have the right to lodge a complaint with a supervisory authority, which for the UK is the UK Information Commissioner’s Office (“ICO”). Complaints can be submitted to the ICO through the ICO helpline by calling 0303 123 1113. Further information about reporting concerns to the ICO is available at https://ico.org.uk/concerns/.
Changes to this Policy
Biophys Ltd may make changes to this Policy from time to time. By continuing to use our website after any changes to this Policy have been made, you will be deemed to agree to such changes and to adhere to this Policy as then in force. It is your responsibility to check this page from time to time to ensure that you are happy with any changes to this Policy. If you do not agree to any change to this Policy then you must immediately stop using our website. This Policy was last updated on 5 December 2018.