Effective Date: 18.09.2023
Table of Contents
1. Use of Our Website & Services
Please be aware that these Terms constitute a binding legal agreement between you and GBA Holding. You agree you are responsible for your use of our website and services and any resulting consequences. You may use our website and services only in compliance with these Terms and all applicable laws. Your use of our website constitutes your acceptance of these Terms and our Privacy Notice.
When using certain website, you may be subject to any additional terms applicable to such website that may be posted on our website or otherwise made available from time to time.
2. Age Requirements
GBA Holding takes children’s privacy seriously. By accepting these Terms through your use of our website or services, you certify that you are at least 18 years of age or are at least 13 years of age and are using the website under the supervision of a parent or legal guardian who has agreed to be bound by these Terms on your behalf. If you are under the age of 13, you are not permitted to use our website.
GBA Holding does not have actual knowledge of any personal information about individuals under the age of 13 whose information has been collected through our website or services. If we become aware that a person submitting information to us is a minor, we delete the information as soon as we discover it and do not use it for any purpose nor disclose it to third parties.
GBA Holding does not knowingly allow visitors under the age of 16 to participate in any promotions or contests made available on the GBA US website from time to time.
3. Your Representations & Warranties to GBA Holding
By using our website, you represent, warrant, and agree:
- You meet all age and eligibility requirements expressed in these Terms;
- You will only use our website and services for lawful purposes, and will not use our website for sending, storing, or distributing any unlawful material or for fraudulent purposes;
- You will not use our website and services to cause nuisance, annoyance or inconvenience;
- You will not impair or harm the proper operation of our website and services;
- You will not copy, or distribute any content contained within our website and services without written permission from GBA Holding;
- You will only use our website and services for your own use and will not resell any aspect of our website to a third party;
- You own or control all rights in and to any information or property shared with us;
- You will provide us with whatever proof of identity we may reasonably request;
- You have not previously been suspended or removed from our website;
- Your use of our website and services is in compliance with applicable laws and regulations;
4. Access and Conditions of Use
You may use our website only for lawful purposes and in accordance with these Terms. You agree:
- You will not violate any applicable federal, state, local, or international law or regulation;
- You will not exploit or harm minors;
- You will not transmit any advertising or spam material;
- You will not impersonate GBA Holding or any person or entity associated with GBA Holding; and
- You will not engage in any conduct that challenges anyone's use or enjoyment of the website and services.
Additionally, you agree:
- You will not use any device, software, or routine that interferes with the proper working of the website, or introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
- You will not attempt to gain unauthorized access to the website; and
- You will not attempt to attack or interfere with the proper working of the website.
GBA Holding reserves the right to temporarily or permanently modify or discontinue our website with or without notice. GBA Holding reserves the right to investigate and take appropriate legal action against anyone who violates these Terms.
5. Intellectual Property
Service content, Software and Trademarks. You acknowledge and agree that our website and services may contain content or features (“service content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by GBA Holding, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on our website or any service content, in whole or in part, except that the foregoing does not apply to your own feedback that you legally upload to our website. You may not access our website through robots, scraping tools or similar data-gathering or extraction methods.
The GBA Holding name and logos are trademarks and service marks of GBA Holding (collectively the “GBA Holding Trademarks”). Other company, product, and service names and logos used and displayed via our website and services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to GBA Holding. Nothing in these Terms or in our website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of GBA Holding Trademarks displayed through our website, without our prior written permission in each instance. All goodwill generated from the use of GBA Holding Trademarks will inure to our exclusive benefit.
Third-Party Material. Under no circumstances will GBA Holding be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that GBA Holding does not have a duty to pre-screen content, but that GBA Holding and its designees will have the right in their sole discretion to refuse or remove any content that is available via our website. This includes the right to remove any content that violates these Terms or is deemed by GBA Holding to be objectionable. You agree that you must evaluate and bear all risks associated with the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
Feedback Transmitted Through Our Services. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, and other information about our website (“feedback”), provided by you to GBA Holding is non-confidential, and GBA Holding will be entitled to the unrestricted use and dissemination of this feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that GBA Holding may preserve content and may also disclose feedback or content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of GBA Holding, its users and the public. You understand that the technical processing and transmission of our website, including your content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
6. Third-Party Websites
Our website or third parties may provide links or other access to other sites and resources on the Internet. GBA Holding has no control over such sites and resources and GBA Holding is not responsible for and does not endorse such sites and resources.
As part of your use of our website, you consent to receive electronic notifications from GBA Holding. You may opt-out of receiving certain notifications in association with our website by completing the opt-out process provided in each email message. By opting-out, you understand that we may not be able to communicate certain information to you. Please note we may still contact you regarding certain website announcements or notifications even if you have opted-out from other messages.
8. Third-Party Advertising & Marketing
GBA Holding may employ third-party advertising and marketing to deliver ads, information, and other promotions to you, both through our website and other mechanisms. By agreeing to our Terms, you agree to receive such advertising and marketing from GBA Holding and our partners. If you do not wish to receive such advertising, you may notify us at firstname.lastname@example.org GBA Holding may compile and release information regarding you and your use of our website on an anonymous basis as part of a customer profile or similar report or analysis. It is your responsibility to take reasonable precautions in all actions and interactions with any third party you interact with through our website.
9. Indemnity and Release
You agree to release, indemnify, and hold harmless GBA Holding, its affiliates, and its and their respective officers, employees, directors, members, and agents from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of website, your violation of these Terms, or your violation of any rights of another.
10. Disclaimer of Warranties Related to our Services
YOUR USE OF OUR WEBSITE AND SERVICES IS AT YOUR SOLE RISK. OUR WEBSITE AND SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GBA HOLDING EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
GBA HOLDING MAKES NO WARRANTY THAT (I) OUR WEBSITE AND SERVICES WILL MEET YOUR REQUIREMENTS, (II) OUR WEBSITE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH OUR WEBSITE and SERVICES WILL MEET YOUR EXPECTATIONS.
11. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GBA HOLDING WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF GBA HOLDING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE OUR SERVICES OR ANY CONTENT; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM OUR SERVICES; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR CONTENT, TRANSMISSIONS, OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR SERVICES; OR (V) ANY OTHER MATTER RELATING TO OUR SERVICES OR CONTENT. IN NO EVENT WILL GBA HOLDING ’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID GBA HOLDING IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR SERVICES OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF OUR SERVICES.
At our sole election, all disputes, claims, or controversies arising out of or relating to these Terms or our website that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before the American Arbitration Association in accordance with the Commercial Rules of the American Arbitration Association. Notwithstanding the foregoing, GBA Holding reserves all rights to petition any court of competent jurisdiction for the entry of injunctions and orders for specific performance relating to your unauthorized use, modification, copying, distribution, transmission, display, performance, reproduction, publication, license, creation of derivative works, transfer or sale of the content of our website, breach of your confidentiality obligations, or any other violations of these Terms.
Modification. We may modify these Terms at any time. We will post the changes on our website with the effective date. Your continued use of our website or our website after the date of any such changes become effective constitutes your acceptance of these Terms.
Governing Law. Terms will be governed by the laws of Massachusetts without regard to conflict of law provisions. With respect to any disputes not subject to the dispute resolution procedures set forth above, you and GBA Holding agree to submit to the personal and exclusive jurisdiction of the local courts located in Worcester County and the federal courts located in the United States District Court for the District of Massachusetts. GBA Holding may assign or transfer these Terms, in whole or in part, without restriction.
No Waiver. The failure of GBA Holding to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
Severability. In case any provision of these Terms is found by a court of competent jurisdiction to be invalid, the validity, legality, and enforceability of the remaining provisions will not be affected and remain in full effect. The parties agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision.
Claim Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of the use of our website or these Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Contact Us
GBA Holding GmbH
GBA Clinical Trial Supply U.S. LLC
115 Flanders Road
United States of America
GBA Central Lab Services U.S. LLC
115 Flanders Road
United States of America