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Terms and Conditions of Use

IMPORTANT -- READ CAREFULLY BEFORE PROCEEDING

Overview

The use of this website [www.uk.immunotec.com] including all web pages (collectively the or this “Site”) and its information is offered under acceptance of the Terms and Conditions of Use herein (the or these “Terms”). Please read these Terms carefully before using this Site. By using this Site you agree to be bound by these Terms as they are amended from time to time, and posted on the Site. Your continued use of the Site shall be deemed your acceptance of said Terms. If you do not agree with said Terms, please refrain from using this Site.

Immunotec updates this Site regularly and may change the content at any time, If the need arise Immunotec may suspend access to the Site or close it indefinitely. Any of the materials on the Site may be out of date at any given time and Immunotec is under no obligation to update such materials.

Immunotec Inc. and its related companies and subsidiaries (“Immunotec”) reserve the right to change these Terms, in whole or in part, and at any time without notice by amending this page. We suggest that you always check this page prior to using the Site to make sure that you have a current understanding of the Terms under which you are permitted to access this Site. Some of the provisions contained in these terms may also be superseded by provisions or notices published elsewhere on the Site.

If you are an Immunotec Consultant, your use of the Site is also subject to the additional terms and conditions as set forth in the Immunotec Consultant Agreement and Business Guide.

Information About Us

[www.immunotec.com] is a site operated by Immunotec Inc, a company registered in Canada under company number 4405064 and having its registered office at 300 Joseph Carrier,Vaudreuil-Dorion,Quebec Canada.. Immunotec’s main trading address is Riverview House 21/23 City Quay,Dublin 2 Ireland.Immunotec’s VAT number is 923 035 455.

Immunotec is a limited company.

Intended Audience

The Site is a business and commercial website and intended for a commercial use only. It is not intended for individuals under 16 years old. Immunotec does not gather personal data online from children under 13. TrustUK approved webtraders recognise children need to be treated differently from adults. They will not market their products in any way that exploits children, nor will they collect information from children under 12 without first obtaining the permission of a parent or guardian. They will not collect personal data about adults from children The material on the Site is published by Immunotec as a service to Immunotec Consultants, their customers, and prospective Immunotec Consultants and customers residing in the United Kingdom. The Site is not intended for access or use in any other country. Immunotec makes no representation that the information on the Site is appropriate or may be downloaded legally outside of the United Kingdom. Access to the materials on the Site may not be legal by certain persons in certain countries. If you access the Site from outside of the United Kingdom, you do so at your own initiative and are responsible for compliance with the local laws.

Accessing the Site

Access to the Site is permitted on a temporary basis and Immunotec reserves the right to withdraw or amend the service it provides on the Site without notice (see below). Immunotec will not be liable if for any reason the Site is unavailable at any time or for any period.

From time to time, Immunotec may restrict access to some parts of the Site, or the entire Site, to users who have registered with Immunotec. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of Immunotec’s security procedures, including but not limited to a Consultant ID number and/or passwords you must treat such information as confidential, and you must not disclose it to any third party. Immunotec has the right to disable any user identification code or password, whether chosen by you or allocated by Immunotec, at any time, if in its opinion you have failed to comply with any of the provisions of these Terms.

You are responsible for making all arrangements necessary for you to have access to the Site. You are also responsible for ensuring that all persons who access the Site through your internet connection are aware of these Terms and that they comply with them.

Use of Site Information

The content in the Site including commentary and other materials posted is offered on an informational basis only and is not intended to amount to advice on which reliance should be placed.

© Copyrights and Trademarks

Immunotec is the owner and licensee of all intellectual property rights in the Site and in the material published on it including but not limited to all website design, text and graphics, and the selection and arrangement of such elements and such works are the copyright of Immunotec Inc. ALL SUCH RIGHTS ARE RESERVED. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Immunotec.

You are hereby granted permission to the extent necessary in order to lawfully access and use the services available on the Site to display, to print one hard copy, and download extracts of any page(s)from the Site for personal use only and you may draw the attention of others to materials posted on the Site.You may not modify the paper or digital copies of the materials and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text including all copyright and other proprietary notices contained in the materials. Immunotec’s status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.

This permission terminates automatically if you breach any of these Terms, or if your status as an Immunotec Consultant is terminated. Upon termination, you must immediately destroy any downloaded or printed materials. You may not, without Immunotec's prior written permission, frame or mirror any material contained on the Site on any other server.

“Immunotec”, the Immunotec logos, all page headers, custom graphics and button icons are service marks, trademarks and/or trade address of Immunotec. There may be other trademarks, product names, company names, logos, service marks and/or trade address indicated on the Site that are the property of their respective owners.

EXCEPT FOR USE BY IMMUNOTEC CONSULTANTS PROMOTING THE SALE OF IMMUNOTEC PRODUCTS OR THE IMMUNOTEC BUSINESS OPPORTUNITY OR AS SPECIFICALLY PROVIDED HEREIN, YOU MAY NOT USE, COPY, MODIFY OR TRANSFER THE MATERIALS OR ANY COPY IN WHOLE OR IN PART, INCLUDING ANY PRINTOUT OF ALL OR PART OF THESE MATERIALS FOR ANY COMMERCIAL USE. YOU MAY NOT TRANSLATE, REVERSE ENGINEER, DECOMPILE, DISASSEMBLE, MODIFY OR CREATE ANY DERIVATIVE WORKS BASED ON THE MATERIAL IN THE SITE.

Testimonials

Product or business opportunity testimonials on the Site reflect the actual experience of each individual, are anecdotal only, and may be atypical of the results experienced by others.

Product Purchases

If you purchase items through the Site, you are responsible for providing a valid credit card number with available credit at the time of purchase. You represent and warrant that you are an authorised user of any such credit card.. Prices on the Site exclude VAT.Shipping and handling charges will be payable in addition.

Total Customer Satisfaction Guarantee

All sales made by Immunotec and its Consultants to Customers are backed by a 30-day product money back guarantee.

Customer Return Policy

Immunotec offers a total customer satisfaction guarantee. Customers who are not completely satisfied with the product(s) they have purchased can return all unused and unopened merchandise within 30 days from the original date of purchase, for a complete refund, less any shipping costs. Products that are returned in re-saleable condition after 30 days from the date of purchase will be refunded at 90% of the original purchase price less any shipping costs . Products that are being returned to Immunotec must be marked with a clearly visible Return Authorisation (RA) number.

Before any product(s) can be returned to Immunotec, a RA number is required. To obtain a RA number, the Consultant must contact Immunotec’s Customer Service Department and provide the sale order(s), and lot number(s) for all products being returned. Each item that is being returned to Immunotec must include a clearly visible RA number. The Customer will receive a refund once Immunotec has received the product(s) and has verified their condition. All credits will be made by the same method of payment as was used for the original order.

Items that are returned to Immunotec without a clearly visible RA number will be refused. Any costs incurred will be the responsibility of the Customer. Products are considered re-saleable if they are unused, unopened and have not surpassed the expiration date. Any products that are not considered to be in re-saleable condition will not be accepted for a refund and Immunotec will notify Customer of such non-acceptance. The Customer will then have the option of having the product(s) returned to them, at their own cost. Should the Customer not notify Immunotec in writing within ten days of Immunotec’s notice of non-acceptance that it wishes to have the products returned to him or her, Immunotec will dispose of the products without any liability or compensation to the Customer.

Refunds will be issued within 15 business days of the date of return and acceptance by Immunotec.

Consultant Product Return Policy

Immunotec’s Product Return Policy for Consultants is set out in the Business Guide and directs its Consultants there.

Submissions and Privacy

We process information about you in accordance with our privacy policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate. Any material, information or ideas you transmit to or post on the Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by Immunotec in accordance with the Immunotec Privacy Policy.

Immunotec has no responsibility to respond to messages posted at the Site. Furthermore, posting or transmittal of any unlawful, threatening, libellous, defamatory, scandalous, inflammatory obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.

Links to Other Sites

The Site may contain links to other internet sites providing advice and other goods and services, which are owned and operated by third party vendors. Immunotec cannot endorse or accept any responsibility for the content, use, or products and services made available through a non-Immunotec website. By utilising these links, you acknowledge and agree that Immunotec is not responsible for the actions, content, accuracy, privacy policies, opinions expressed, services provided, goods sold, or other links provided by these Internet sites. You further acknowledge and agree that Immunotec is not responsible, either directly or indirectly, for any damages, or losses caused or alleged to have been caused by use of or reliance on the actions, content, accuracy, privacy policy, opinions expressed, goods, or services provided through these links or made available through these resources. Should you have questions regarding these internet sites, you should address them directly with the site administrator for the particular site.

Links to Our Site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page. Immunotec reserves the right to withdraw linking permission without notice. If you wish to make any use of material on the Site other than that set out above, please address your request to info@immunotec.com.

Viruses, Hacking And Other Offences

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. Immunotec will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Immunotec will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it.

Disclaimer

THE CONTENT, INFORMATION, MATERIALS AND SERVICES OFFERED THROUGH THE SITE ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY CONDITIONS, OR GUARANTEE OF ACCURACY, ADEQUACY, COMPLETENESS, CONFORMITY OF THIS INFORMATION AND/OR MATERIALS, OR THAT THE SAME IS ERROR FREE. IMMUNOTEC IS IN NO WAY RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY ERRORS OR OMISSIONS THAT MAY BE PRESENT IN THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IMMUNOTEC EXPRESSLY EXCLUDES ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY I

Limitation of Liability

IN NO EVENT WILL IMMUNOTEC BE LIABLE FOR ANY LOSS OR DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES, INCLUDING WITHOUT LIMITATION LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOST OR MISDIRECTED ORDERS, LOSS OF ANTICIPATED SAVINGS, LOSS OF PROFITS, LOST REGISTRATIONS, LOST GOODWILL, OR LOST OR STOLEN PROGRAMS OR OTHER DATA, WASTED MANAGEMENT OR OFFICE TIME AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE EVEN IF FORESEEABLE.

This does not affect Immunotec’s liability for death or personal injury arising from its negligence, nor Immunotec’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

Miscellaneous

The English courts will have non-exclusive jurisdiction over any claim arising from, or related to, a visit to the Site [although Immunotec retains the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country].

These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.

In the event that any provision(s) contained in these Terms is held to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the remainder of the Terms, and these Terms shall be construed and enforced as if the invalid or unenforceable term(s) or provision(s) had never existed. Immunotec's failure to insist upon or enforce strict performance of any term(s) or provision(s) contained herein shall not be construed as a waiver of any term, provision or right.

Immunotec reserves the right to correct any inaccuracies or typographical errors in the information posted to the Site, and shall have no liability for such errors. Prices and availability of goods and services is subject to change without notice.

Your Concerns

If you have any concerns about material which appears on our site, please contact infopriv@immunotec.com.