Terms and Conditions of Use
1. CONTROLLER’S IDENTITY
The website https://tyblume.com/ (hereinafter, the “Website”) owned by Exeltis Ph. Holding, S.L. (hereinafter, “Exeltis”), with registered offices at 180 Park Ave, Suite 101 Florham Park, NJ 07932 and Tax Identification 22-1942453. Exeltis, and all the subsidiaries dedicated to pharma sector are globally known as Insud Pharma (hereinafter, “Insud Pharma Group”).
Exeltis welcomes you, and strongly recommends to read carefully the following Terms and Conditions of Use (hereinafter, the “Terms and Conditions”) which explain the terms and conditions that will be applicable to your navigation through the Website in accordance with U.S. Federal and state of New Jersey laws. Exeltis may modify these Terms and Conditions in the future, therefore we recommend you to review periodically this agreement in order to be properly informed on the changes.
With the purpose of making the Website as transparent, plain and simple as possible, you (hereinafter, the “User”) will be able to send any question or request related to the Terms and Conditions by contacting Exeltis by email, sending your request to firstname.lastname@example.org
The User undertakes to use the services and utilities provided by the Website in accordance with current legislation, these Terms and Conditions and moral standards, good practice and public order.
Access or use of the Website confers you the condition of User, this means your full acceptance of these Terms and Conditions which will be available on the Website. Exeltis reserves the right, at our sole discretion, to modify or replace this Terms and Conditions at any moment. It will be responsibility of the User to read carefully these Terms and Conditions each time he visits the Website, if the User disagrees with any of these Terms and Conditions he must refrain from using the Website.
Likewise, we inform you that Particular Conditions for the use of specific contents or services of the Website could be established, if you use the mentioned contents or services it will imply your acceptance of the Particular Conditions.
3. ACCESS AND USE OF THE WEBSITE
The User is aware and expressly and voluntarily accepts that using the Website will be at his own risk and responsibility.
When using the Website, the User is fully committed to avoid any behaviour that could harm Exeltis ’s or third parties reputation, interests, rights or use the Website in a way that causes, or is likely to cause any damage or an interruption in the normal use of the Website.
Exeltis implements reasonable security measures for virus detection. Nonetheless, the User must be aware that security measures are not entirely trustworthy and Exeltis cannot guarantee the non-existence of viruses or other elements which might produce alterations in your systems (software and hardware), electronic documents and data files included in them.
4. WEBSITE CONTENT
Exeltis offers the User the following possibilities:
- Learn more about Tyblume®.
- If of healthcare professional standing, ability to submit a medical question or request samples to be sent to office.
- Download a Doctor Discussion Guide to discuss Tyblume® with a health care provider.
- Connect with a doctor to book a telemedicine appointment.
- Contact information with Pharmacovigilance Department.
5. PRIVACY AND COOKIES POLICY
In accordance with the provisions of the U.S. Federal and State laws, as well as European Data Protection Regulation, Exeltis informs you on the existence of automated and non-automated files owned by Exeltis where data collected through the Website is stored. Likewise, the California Consumer Privacy Act of 2018 (CCPA) gives consumers with their residence in California the right to know what categories of personal data are collected and processed and how and for what purposes Exeltis shall use and share that information.
For additional information please read our Privacy and Cookies Policy.
6. INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trademarks, or any other sign susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, or distinctive signs, all rights of industrial and intellectual property, content and/or any other element included in the page, which are the exclusive property of Insud Pharma Group, who has the exclusive right to use them in economic traffic. Therefore, the User agrees to not reproduce copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Exeltis or Insud Pharma Group harmless from any claim arising from the breach of such obligations.
In any case the access to the Website implies any type of waiver, transfer, license or total or partial assignment of the mentioned rights, unless expressly stated otherwise. These Terms and Conditions do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any right will be subject to the prior and express authorization specifically granted for this purpose by Insud Pharma Group, or by the third party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, software, source codes and, in general, any intellectual creation existing on this Website, as well as the site, as a multimedia artistic work, are protected as copyright by Intellectual Property legislation. Insud Pharma Group owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, they have the corresponding license for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the mentioned company.
Likewise, it is forbidden to delete, ignore and / or manipulate the “copyright” as well as the technical protection devices, or any information mechanism that the contents may contain. The User of this Website undertakes to respect the mentioned rights and to avoid any action that could harm them, Exeltis or Insud Pharma Group reserve in any case the exercise of any legal actions in defence of its intellectual and industrial property legitimate rights.
7. USER’S OBLIGATIONS AND RESPONSIBILITIES
The User hereby undertakes to refrain from using the Website for any purpose forbidden by these Terms and Conditions. The User is responsible and liable for the use of the Website. Furthermore, the User shall comply with any obligation required by the applicable legislation.
The User, in addition, must: (i) have the means and meet the technical requirements that are required to access the Website and make use of the available services through it; and (ii) provide truthful information when filling out the forms contained in the Website with his personal data and keeping them updated at all times, responding at all times to the User’s current situation. The User will be solely responsible for the false or inaccurate statements and the damages caused to Exeltis related to the information provided.
The User must also refrain from:
a) Making an unauthorized or fraudulent use of the Website and / or content for illegal purposes or the ones prohibited in these Terms and Conditions, harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, deteriorate or prevent the normal use of the services, documents, files and all kinds of content stored on any computer;
b) Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties;
d) Introducing viruses in the network computer or any other physical or logical system that is likely to cause damage to the physical or logical systems of Exeltis or third parties;
e) Attempting to access, use and / or manipulate Exeltis’s and other Users data. Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the owner of the rights or it is legally permitted;
f) Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Exeltis , Insud Pharma Group or third parties incorporated into the contents, as well as technical protection devices or any information mechanism that can be inserted in the contents;
g) Obtaining or attempting to obtain contents using means or procedures other than the ones that have been made available for this purpose or have been expressly indicated on the websites where the contents are or, in general, of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and / or the contents;
h) The User undertakes to not transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that may:
1. In any way, is contrary or violate the fundamental rights and freedoms recognized by the U.S. Federal and State laws, International Treaties and any other valid and applicable legislation;
2. Induce or promote actions of a criminal nature, slanderous, defamatory, violent or, in general, contrary to the law, morality, generally accepted good practices or public order activities;
3. Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;
4. Gather, make available or allow access to products, elements, messages and / or services of a criminal nature, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order;
5. Induce or may induce to an unacceptable state of anxiety or fear;
6. Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;
7. Is protected by the intellectual or industrial property legislation belonging to Exeltis or Insud Pharma Group, without having authorized the intended use;
8. It is contrary to honour, personal and familiar privacy or people’ s own image;
9. Constitutes any type of non-consensual advertising;
10. Include any virus or program that prevents the normal use of the Website.
8. LIMITATION OF LIABILITY
Exeltis will be responsible for ensuring, except for force majeure reasons, the proper functioning of the Website, avoiding technical inconvenience and any other actions that may limit and / or partially interrupt the use thereof by Users.
Exeltis does not guarantee continued access, or the correct viewing, downloading or use of the elements and information contained in the pages linked to this Website, and that may be impeded, hindered or interrupted by factors or circumstances beyond its control. Exeltis is not responsible for the decisions that may be adopted as a result of access to contents or information offered through these linked sites.
Exeltis may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to these Terms and Conditions. Exeltis shall not be responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:
a) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the electronic systems, caused by deficiencies, overloads and errors in telecommunication networks, or by any other cause beyond the control of Exeltis;
b) Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as viruses or any other;
c) Improper or inappropriate abuse of the Website;
d) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof;
e) Exeltis excludes any liability for damages of any nature due to the misuse of the available services by Website Users. Likewise, Exeltis will be exempt from any responsibility related to content and information that may be received as a result of an illegal or incorrect use of said services.
9. INDEMNITY OF EXELTIS
The User shall protect, indemnify and hold Exeltis harmless from any loss or damage arising from claims, actions or demands of third parties as a result of its use of the Website. Likewise, the User shall indemnify Exeltis against any damages arising from the use of “robots”, “spiders”, “crawlers” or similar tools used for the purpose of collecting or extracting data or any other action that imposes an unreasonable burden on the use of the Website.
Access to the services or contents provided through the Website will be made under the exclusive responsibility of the Users. In case of minors or incapacitated persons, the responsibility will correspond to their parents, representatives or legal guardians, who must supervise or take the necessary precautions during their navigation through the web pages.
If you negligently or wilfully fail to comply with any of the obligations set forth in these Terms and Conditions, you will be liable for all damages and losses that may arise for Exeltis related to the breach.
10. CHANGE OF CONTROL
In the event that Exeltis is acquired by or merged with a third party entity, Exeltis reserves the right to transfer or assign its contractual position as well as the information collected from the Users as part of such merger, acquisition, sale, or other change of control.
11. INTERNATIONAL USE AND LANGUAGE
The use of the Website by the User located at a country other than the United States will be under the responsibility of the User. The User is solely responsible to comply with the laws of the countries from which he uses the Website.
The present conditions may be translated into certain languages to ensure that they can be read and understood by all of our users, they are aware and accept that always the English version shall prevail in the assumption that might exist contradictions between the different versions and that these conditions are subject to federal and state of New Jersey laws.
12. CHANGES IN THE TERMS AND CONDITIONS
We reserve the right, at our sole discretion, to modify or replace these Terms and Conditions. When this happens, a notice will be included on the Website indicating and informing Users that modifications have been made.
13. NULLITY AND INEFFICIENCY OF THE CLAUSES
If any clause included in these Terms and Conditions is declared totally or partially invalid, null and void, such invalidity or nullity will only affect the mentioned provision or the part that is null or ineffective, while the remaining parts of these Terms and Conditions will continue to apply, considering such provision totally or partially as not included.
14. GOVERNING LAW AND JURISDICTION
The relationship between Exeltis and the User will be governed under the laws of the State of New Jersey in force and any dispute will be submitted to the Courts of New Jersey, renouncing to any other venue they may be subjected to. Exeltis will pursue the breach of these Terms and Conditions, as well as any improper use of the Website by exercising all civil and criminal actions that may correspond by law.
15. CONTACT INFORMATION
You may contact us in the following email address