Terms and Conditions
1. Introduction
1.1. Service
GXgate (“we”, “us” or “our”) is a sole proprietorship company established under the laws of the Netherlands. GXgate provides the services available for its users (“Users”, “you”) through www.gxgate.com (“Service”), as an information society service described by the article 1b of Directive (EU) 2015/1535 of the European Parliament and of the Council of 9 September 2015.
1.2. Members and Visitors
GXgate’s mission is to provide an online networking platform for professionals in pharmaceutical industry. Our registered users (“Members”) share their professional identities, engage and collaborate with their network, exchange knowledge and professional insights, post and view relevant content and discover various business opportunities. Some of the content in our Service may be available to unregistered and logged-out users (“Visitors”).
1.3. Contract
Your access to and use of the Service is conditioned on your acceptance of and compliance with these terms. These terms applies to all Members. Visitors may be required to accept these terms if they want to use certain restricted features on the Service. The terms becomes legally binding if you register or access to our Service by clicking “Register”, “Sign Up”, “Join GXgate”, “Join Now”, “Join Us” or similar, and completing the registration process which is verified through an e-mail being send to the provided e-mail address in the registration form. Visitors may use some features and information available on the Service.
If you register with GXgate your account will be activated and your membership will be started. If you do not agree to any of the terms of this contract then do not use our Service.
2. User obligations
2.1. Member Profile
The Service is not available for individuals who are under the age of 18. You are acknowledging that if you are registered and younger than 18 years old, your account may be terminated by GXgate.
You must provide your true identity including your real name. You acknowledge that you are obliged to create an account based on accurate registration information (“Member Profile”) and must not create a Member profile with misleading information, inaccurate qualifications, job titles or working experiences. Your Member profile must be up-to-date. If you choose a profile picture you must use a photo of your own. Using others’ photo, any logo, text, picture of an animal, landscape or a graphical picture is not allowed.
You are not allowed to create a Member account for anyone other than yourself, and must not transfer your account to another person or entity. You agree that you will not use or attempt to use another Member’s account. You agree that you are not allowed to share any confidential private or business information in your profile. It is at your own risk when you share such private information in your public profile.
2.2 Account Security
Members are responsible for maintaining the confidentiality of their password and are fully responsible for all activities of their account.
You agree that you must choose a strong and secure password, and to log out at the end of each session. You are obliged to notify us in case of any unauthorized use of your password and account. You acknowledge that we cannot and will not be liable for any loss or damage due to not complying with the described security measures.
2.3 Content
You understand that all information, post, text, picture, video, message, or other materials (“Content”), including any information on products and services offered by the Members, whether publicly posted or privately transmitted are the sole responsibility of the person by whom such content originated, and not GXgate. We do not control the Content submitted by the Members to the Service and as such, does not guarantee the accuracy, authenticity and quality of any submission. You understand that by using the Service you may be exposed to Content that is inaccurate, misleading, harmful, offensive, illegal or inappropriate. You agree that we are not responsible for others’ Content, and it is at your own risk when you use such Content and information posted on our Service. When you post Content on our Service, other Members can see, copy, comment and use that Content. You may restrict who can see your posts.
You agree that we have the right, in our sole discretion, to remove any Content that is submitted and available on the Service, without any prior notice, for any reason, including, without limitation, for breach of terms of this contract or if we believe that such Content may harm or damage the reputation of GXgate, its Members or others. You understand that we may preserve or disclose any Content or part of it if requires to do so by law or if we believe that it is compulsory to comply with the legal process, or to protect the rights of GXgate and its Members.
The user acknowledges that, GXgate cannot be liable in any way for any Content, including but not limited to, any errors and misinformation in any content or any damage and loss of any kind to any party resulting from your access to or inability to access to such content.
You understand that GXgate is a networking platform and do not perform any pre-screening on its new Members. Any business activity conducted through the use of the Service is done at your sole risk. GXgate do not warranty the accuracy of any Content or Member profile within the Service.
3. Payment
When you want to purchase a Service you may be asked to supply certain information including, without limitation, your credit card number, the expiration date of your credit card and your billing address. Since we provide a subscription Service, payment information may be stored to provide continuity and avoid any interruption in the Service. You will be charged at the beginning of each subscription period. You must cancel your subscription if you do not want to use our Service in the following subscription period.
If you register (subscribe) to GXgate you are obliged to pay the subscription fee along with the applicable taxes. We may terminate your account if you fail or refuse to pay these fees. Your payments may be subjected to exchange fees or exchange rates.
You must have the legal right to use any credit card in connection with any purchase. You agree that the information you provide is true, correct and complete. By submitting such information, you grant us the right to provide the information to third parties for purposes of facilitating the completion of purchases. You understand that there may be fees, taxes or differences in exchange rates during the payment.
We reserve the right to refuse or cancel your order at any time for any reason including, but not limited to Service availability, errors or mistakes in the registration and price of the Service, inaccuracies in the Member Profile, or any errors in your order. We reserve the right to change the subscription price. We do not guarantee refunds.
We reserve the right to refuse or cancel your order if fraud, or an unauthorized or illegal transaction is suspected.
4. Notices and messages
From time to time we may need to send you notices, posts or other information regarding the updates, or new features to the Service, terms or the Content. You agree that we may provide notices and messages to you via the Service or your e-mail address. You agree to keep your e-mail address up-to-date and to control your notifications and messages on the Service.
5. Service Availability
We are constantly updating the Service we provide to our users. The Service may be inaccurately priced, described with mistake(s), unavailable or we may experience delays in updating information on the Service. Our promotions and advertising may be inaccurate or not up-to-date.
We cannot and do not guarantee the accuracy or completeness of any information in our Service, including but not limited to price, specifications, availability and quality of it.
6. Rights and Violation of Such Rights
We do not claim ownership of Content and profile information submitted on the Service by the User. The User is the owner of the submitted Content. You have the right to remove the Content at any time or change the accessibility and visibility of such Content from your privacy settings. And you may change the visibility of your profile from the profile settings.
We cannot and do not have any prior information about the Content submitted by the Members beforehand and we do not control the Content. Therefore, the restrictions, licenses and copyrights applied to such Content cannot be known to us. Hence, when posting Content publicly or sharing privately you are strongly advised to evaluate and bear all risks by confirming your rights on such Content before submitting it. You acknowledge that you have the full responsibility on the Content that you post, submit or share. You are obliged to ensure that the use or exploitation of any Content submitted by you does not infringe or violates the rights of any third party, including but not limited to privacy rights, copyrights, intellectual property rights or propriety rights. In case of infringement of intellectual property rights, copyrights or other legally binding rights we may remove or disable the Content and may terminate your account indefinitely.
If you are the copyright holder and think that a copyrighted work has been subjected to copyright infringement in our Service, please inform us by filling the provided complaint form on www.gxgate.com with the “Copyright Violation” title and providing the necessary information such as the Content that includes the alleged copyrighted infringement or intellectual property violation.
Any copyright infringement allegation should be done with sufficient information about the concerning work. You may be held accountable for any damage for misrepresenting that a content is infringing your copyright or intellectual property right.
7. User Conduct
You agree that you will not:
– Impersonate any person and create a false account on the Service by providing inaccurate information of your name, company name, job title, business area and similar profile data;
– Publish, upload, post, share or otherwise make available, directly or indirectly, any Content that you do not have the right to make available, such as classified or confidential company Content, or others’ personal information like e-mail address, residential address or phone number;
– Attempt to log in through other Member’s account;
– Publish, upload, post, share or otherwise make available, directly or indirectly, any Content to insult, harass, abuse, annoy, attack or threaten others;
– Publish, upload, post, share or otherwise make available, directly or indirectly, any Content that includes hate speech to attack others based on their age, ethnicity, race, sexual orientation, gender, gender identity, nationality, national origin, political affiliation, religious affiliation, illness or disability;
– Copy, distribute, publish or sell Members’ profile, information or Content obtained from the Service;
– Monetize any Content that is available on the Service including, but not limited to, Members profiles, posts, data or messages;
– Violate intellectual property rights, including, but not limited to, patents, copyrights, trademarks or proprietary rights of others;
– Publish, upload, post, share or otherwise make available, directly or indirectly, any Content that includes harmful programming scripts, software viruses, worms, or similar that is designed to damage, slow down or hack a computer;
– Publicly post, share or upload, or privately transmit any Content including, but not limited to, advertisement, promotion, junk mail, spam, phishing schemes or bulk messages;
– Publicly post, share or upload, or privately transmit any advertisement and commercial Content, except in the parts of the Service that are specifically assigned for such purpose;
– Publish, upload, post, share or otherwise make available any pornographic, abusive, immoral, inappropriate, violent or violence promoting Content;
– Use software, device, plugins, add-ons or similar technology, or develop scripts, algorithms and codes to copy Member profiles, personal information or any Content from the Service;
– Attempt to simulate the appearance and the Content of the Service;
– Damage the reputation of GXgate by acting unprofessionally such as by using the Service other than its purpose.
Any violation of these terms considered as breach of contract.
8. Termination
You acknowledge that we may terminate your account and disable your access to the Service or discard any Content in the Service with or without any prior notice for any reason, including, without limitation, if you breach the terms of this contract.
If you want to terminate your account and delete your existing content you may do so by deleting your account through the setting. The account termination is irrecoverable.
9. Changes
We reserve the right, at our sole discretion, to modify or replace these terms at any time. We will provide you the opportunity to review the changes by sending a notice, either by an e-mail or an online post through the Service. Unless stated otherwise, new terms shall be effective thirty (30) days from the date of such notice. You acknowledge that if we do not receive any objection from you regarding the revisions, and you continue using our Service after receiving such notice it is conceived as consent to the revised contract.
If you do not agree to the new terms, you may stop using our Service and terminate your account.
10. Links to other Web Sites
When using the Service you may be presented with commercials and advertisements. Our Service may contain links to third party world wide web sites or to services that do not have any affiliation with GXgate. Since GXgate has no control over these web sites and services, user agrees that GXgate is not responsible for any Content including, without limitation, advertisements, products or any material or resources available through such web sites and services. You acknowledge that GXgate cannot and is not be liable, directly or indirectly, for any damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
11. Modifications to Service
We reserve the right to modify, suspend or discontinue, temporarily or permanently, the Service or any part of it with or without prior notice. You acknowledge that we do not have to store any Content and information that you have posted. You agree that, under no circumstances, will GXgate be liable to users or to any third party for any modification, discontinuation or suspension of the Service and/or Content.
12. Disclaimer of Warranties
You understand and agree that I) you use the Service at your own risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. GXgate disclaims all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance;
II) GXgate do not warranty that a) the Service will function uninterrupted, secure, or available at any particular time or location; b) any errors and defects will be corrected; c) the Service is free of viruses or other harmful components; d) the results of using the Service will meet your requirements; e) The Content of the Service is accurate, up-to-date and reliable; or f) the quality of the Content available on the Service will meet your expectations.
13. Exclusion of Liabilities
You agree that GXgate and those that GXgate works with to provide the Service shall not be liable to you or others for any direct, indirect, incidental, special, consequential or exemplary damages, or any loss of profit, data, opportunity, reputation, whether material or immaterial, resulting from: I) the use or inability to use the Service; II) conduct or Content of any third party on the Service; III) unauthorized access, use or alteration of your transmissions or Content, whether based on warranty, contract or any other legal theory, whether or not we have been informed of the possibility of such damage; IV) any Content obtained from the Service
14. Local and Governing Laws
Recognizing the global nature of the Internet, you agree to comply with all local laws regarding the online conduct and acceptable content. We cannot and do not verify that the Content in the Service is appropriate, legal or available for use in any location. You agree that you access and use the Service on your own initiative. You acknowledge that it is your responsibility to comply with all applicable laws regarding the transmission of data exported from/to the EU or the country in which you reside.
The courts of Kingdom of the Netherlands shall have sole jurisdiction over any disputes arising out of or in connection with these terms. Some laws do not allow the exclusions of certain warranties or liabilities. Our failure to enforce any terms or provisions of these rights will not be considered a waiver of those rights. If any provision or portion of these terms is held to be invalid or unenforceable or in conflict with the law of any applicable jurisdiction, the legality and validity of the remaining provisions of these terms will remain in effect.
15. Copyright and Other Intellectual Property Rights
The Service and its original Content, features and functionality are and will remain the exclusive property of GXgate. The logos, designs and other texts are protected by copyright and trademark, and other intellectual property laws in the Netherlands and other countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of GXgate.
16. General Information
We have the right to transfer our duties and rights to third parties. You understand that if you use our Service any information you share becomes a part of Content used in the Service and the Content may be shared with third parties and GXgate cannot and does not control such third parties. You are not allowed to transfer this contract to anyone. However, you agree that GXgate may assign and transfer its rights in this contract to a party who buys it without your consent.
If we do not act to enforce the terms of this contract, that does not mean GXgate waived its rights to enforce this contract.
GXgate is not and will not be a contracting party to any agreement entered by the Members or with any third party through the Service. GXgate cannot and will not be held liable for breaches of any such agreement.
17. Contact Us
You can reach us via info@gxgate.com.