Terms & Conditions

1. Introduction

Welcome to HORTMAN STEM CELL LABORATORY (hereinafter referred to as “HSCL” or the “Website”). These Terms and Conditions (“Terms”) are intended to make you aware of your legal rights and responsibilities with respect to your access to, and use of, the Website. In these Terms, “we”, “us”, “our”, or “HSCL” refers to HORTMAN STEM CELL LABORATORY LLC, and “you”, “your”, or “User(s)” shall refer to you as the Website User. Any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view, access, or otherwise interact with through the Website, shall be referred to as the “Content”. The Content that you contribute, submit, and/or transmit through the Website, shall be referred to variously as “Your Content”, “Content of yours”, and/or “Content you submit.” Please read these Terms carefully. By using our Website, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you must not use our Website. Upon accessing the Website, including any version of this Website that has been amended, you will be asked to consent to being bound by these Terms as well as our Website privacy policy (“Privacy Policy”). Users are hence advised to review these Terms and our Privacy Policy prior to the use of the Website. These Terms, together with the Privacy Policy, constitute the entire agreement between you and us in relation to your use of the Website.

2. Definitions

The definitions and rules of interpretation in this Clause 2 shall apply throughout these Terms:
“Applicable Law(s)” means the relevant commercial and/or digital laws of the UAE and any country or region from where you are accessing the Website.
“Content” means any information, text, links, graphics, photos, audio, videos, data, code, or other materials or arrangements of materials that you can view on, access, or otherwise interact with through the Website.
“External Sites” has its meaning given to it under Clause 3.5 below.
“HSCL” is the Website empowered by HORTMAN STEM CELL LABORATORY LLC and its respective directors, agents, servants, officers, and employees.
“Intellectual Property” means all (i) patents, improvements thereof, patent applications and registrations, inventions (whether patentable or not) (ii) trademarks, trade names, trade-mark applications and registrations, service marks, domain names, logos, designs, illustrations, and graphics; (iii) copyrights, copyright applications and registrations; (iv) trade secrets, know-how, and other intellectual property; and (v) computer systems and applications software, including all documentation and modifications thereof.
“Minor” has its meaning given to it under Clause 6.12 below.
“Terms” means the clauses of these Terms and Conditions.
“Use” has its meaning given to it under Clause 5.3 (i) below.
“User” means the user of the Website.
“Website” means the Website empowered by HORTMAN STEM CELL LABORATORY LLC.

3. Use of the Website

  1. In contacting HSCL, you represent and warrant that all information provided to us in such process is true, accurate, and correct. You may not impersonate any person or entity, provide an e-mail address other than your own, provide or use false information that you are not legally entitled to claim, or otherwise mislead regarding any content. You acknowledge that any access to HSCL using falsely claimed information may cause us, or third parties, to incur substantial economic damages and losses for which you may be held liable and accountable.
  2. The User represents and warrants that you are at least eighteen (18) years of age and are able to enter into legally binding agreements.
  3. We reserve the right to amend these Terms at any time without prior notice, and the Users’ continued use of the Website following the amendments represents the Users’ agreement to be bound by the Terms as amended. It is hence the responsibility of each User to review these Terms regularly while using the Website.
  4. We may, from time to time, decide to change, update, or discontinue certain features of the Website. You agree and understand that we have no obligation to store or maintain your Content or other information you provide, except to the extent required by the Applicable Law(s).
  5. The Website may include advertisements with external links on third-party websites (“External Sites”). We do not investigate, review, endorse, represent, or control the content of any External Sites, unless otherwise expressly stated in these Terms. We shall not be held responsible or assume any liability towards the content displayed on External Sites. External Sites may collect your data, send cookies, solicit personal information or otherwise, and you are responsible for reviewing the External Site’s terms and conditions and privacy policy and you hereby acknowledge that you access, browse, link, and/or bookmark the External Sites at your own risk.
  6. We may also select certain websites as priority responses to search terms that you enter, and we agree to allow advertisers to respond to certain search terms with advertisements or sponsored content. We do not recommend, nor do we endorse, the content of any third-party websites. We are not responsible for the content of linked third-party websites, websites framed within our Website, third-party websites provided as search results, or third-party advertisements, and do not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
  7. Some Content you see or otherwise access on, or through the Website, is used for commercial purposes. You agree and understand that we may place advertising and promotions on the Website alongside, near, adjacent, or otherwise in close proximity to your Content for commercial purposes.
  8. The Website are only to be used for its intended purpose. You may not use the Content provided through the Website in any manner or for any purpose other than that which is expected.
  9. In the event of any breach or violation of any Terms hereunder, HSCL reserves the right to pursue legal remedies available under the Applicable Law(s).

4. Prohibited Activities

The Content and information available on the Website are proprietary to HSCL or licensed to HSCL by third parties. Users agree that they shall not engage in any of the following activities in connection with your use of the Website:

  1. i. Submit information on the Website that is obscene, defamatory, threatening, or malicious in nature, or any other material that is prohibited by the Applicable Law(s).
  2. Cause damage to, or impair the performance of the Website, inclusive of its availability and accessibility to Users and HSCL.
  3. Publish any copyright material, or material protected by any other Intellectual Property rights, unless a legal right to use and post such material has been obtained and is valid at the time of posting.
  4. Infringe or use HSCL’s brand, logo(s), and/or trademark(s) in any business name, e-mail, URL, or other context unless expressly approved in writing by the owner of the Intellectual Property as applicable.
  5. Attempt to circumvent any protective technological measure associated with the Website.
  6. Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy, or otherwise exploit any Content of the Website, use any robot, spider, scraper, or other automated means, or any manual process for any purpose not in accordance with these Terms, or without the express written authorisation from HSCL.
  7. Attempt to access or search the Website or any Content contained therein through the use of any engine, software, tool, agent, device, or mechanism (including scripts, bots, spiders, scraper, crawlers, data mining tools or the like) other than through software generally available through web browsers (such as search engines like Google and Yahoo).
  8. Use the Website to copy, store, host, transmit, send, use, publish, or distribute any material which consists of (or is linked to) any spyware, computer virus, trojan horse, worm, keystroke logger, rootkit, or other malicious computer software.
  9. Download any Content unless it is expressly made available for download by HSCL from the Website.
  10. Post, upload, transmit, or otherwise distribute chain letters, pyramid schemes, advertising, or spam.
  11. Impersonate or misrepresent your affiliation with another person or entity.
  12. Harvest or otherwise collect information about others for unlawful purposes.
  13. Interfere with, or disrupt any of the associated computer or technical delivery systems.
  14. Interfere with, or attempt to interfere with, the access of any User, host, or network, including, but not limited to, sending a virus, overloading, flooding, spamming, or mail-bombing the Website.
  15. Modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through the Website.
  16. Use the Website, or any Content on the Website, in any manner not permitted by these Terms.

5. Content

5.1 Ownership of HSCL's Content and Intellectual Property Rights

  1. Subject to the express provisions of these Terms, we own, control, license, and reserve all Intellectual Property rights and Content used on the Website. You agree not to use, remove, alter, modify, create derivative works of, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Website or Content. You must not use any part of the Content on our Website for commercial purposes without first obtaining a license to do
  2. Any/all Content posted on the Website and/or submitted by the Users to HSCL has been licensed to HSCL for any/all purposes that HSCL may deem necessary in order to run the Website. We authorise you to view or download a single copy of the material on the Website solely for your personal, non-commercial use, if you include the copyright notice located at the end of the material, for example: “©2023, HSCL All rights reserved” and other copyright and proprietary rights notices that are contained in the Content.
  3. Any use of the Content not expressly permitted by these Terms is a breach of these Terms and may violate our Intellectual Property and other Applicable Law(s). Content and features are subject to change or termination without prior notice in the editorial discretion of HSCL. All rights not expressly granted herein are reserved to HSCL and its licensors.

5.2 Your License to HSCL's Content

  1. We grant you a personal, limited, non-exclusive, and non-transferable license to access and use the Website only as expressly permitted in these Terms. You shall not use the Website for any illegal purpose or in any matter inconsistent with these Terms. You may use information made available through the Website solely for your personal, non-commercial use. You agree not to use, copy, display, distribute, modify, broadcast, translate, reproduce, reformat, incorporate into advertisements and other works, sell, promote, create derivative works, or in any way exploit or allow others to exploit any of our Content in whole or in part, except as expressly authorised by us. Except as otherwise expressly granted to you in writing, we do not grant you any other express or implied right or license to our Content or Intellectual Property rights.
  2. If you violate any of these Terms, your permission to use the material automatically terminates and you must immediately destroy any copies you have made of any part of the material. You may also be potentially liable for Intellectual Property rights infringement based on the circumstances.

5.3 HSCL's License to User Content

  1. Upon submission of Your Content, you hereby grant HSCL a perpetual, non-exclusive, irrevocable, fully paid, royalty-free, assignable, sub-licensable, and transferable right to use Your Content and all Intellectual Property rights therein for any purpose or use that we deem necessary. For the avoidance of doubt, the term “Use” means, but is not limited to, use, copy, display, distribute, modify, translate, reformat, incorporate into advertisements and other works, analyse, promote, commercialise, and create derivative works of.
  2. You grant us the right to use the name or username that you submit in connection with Your Content. You irrevocably waive any claims and assertions of moral rights or attribution with respect to Your Content brought against us or our Users.
  3. You represent and warrant that Your Content is accurate, that the use of Your Content does not violate these Terms and will not cause injury to any person or entity, and that you will indemnify HSCL from any/all claims resulting from Your Content.
  4. We reserve the right, at any time and without prior notice, to remove, block, or disable access to whole or any part of Your Content that we, for any reason consider to be objectionable, in violation of the Terms or otherwise harmful to the Website or our Users at our sole discretion. Subject to the requirements of the Applicable Law(s), we are not obligated to return any of Your Content to you under any circumstances and assume no liability for any Content posted by You.

6. Warranties and Disclaimers

  1. You agree and acknowledge that the Website are provided on an “as is” basis. We make no warranty that the Website or the Content will meet your requirements or be available on an uninterrupted, secure, or error-free basis. We make no warranty as to the accuracy, timeliness, completeness, or reliability of any Content obtained through the Website. No information provided through the Website or by us, whether in oral or written form, will create any warranty not expressly made herein. Your reliance upon the Content obtained or used by you through the Website is solely at your own risk.
  2. HSCL does not endorse any Content posted, submitted, or otherwise provided by any User, or any opinion, recommendation, or advice expressed therein. We expressly disclaim any/all liability in connection to such Content. You agree that we are not responsible for the accuracy, consistency, or completeness of information submitted and displayed on our Website.
  3. HSCL takes no responsibility and assumes no liability for any Content posted, stored, transmitted, or uploaded to the Website by you (in the case of Your Content), or any third party (in the case of any/all Content more generally), or for any loss or damage thereto, nor are we liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, or profanity you may encounter.
  4. Users acknowledge that HSCL may store, record, or document any information exchanged between Users and HSCL, and that HSCL uses the most up-to date applications and security systems to ensure that all data entered online, through the Website, is encrypted.
  5. Users must ensure the accuracy and authenticity of any/all information they supply to us through the Website including, but not limited to, personal data.
  6. Users agree that HSCL is not responsible now or at any time in the future for any unauthorised access including, but not limited to, any virus or other harmful code that may infect the User’s computer, tablet, smartphone, or any other such device as a result of using the Website.
  7. Users shall be responsible for obtaining, maintaining, and setting up any equipment and/or hardware required to access and use the Website and the User shall take responsibility for the protection of this equipment and/or hardware by using up-to-date virus protection, personal firewalls, and any other suitable measures the User deems necessary to ensure the security of the Website is not compromised.
  8. Users accept that HSCL shall not be held liable in the event the Website transmits information that has been accessed, altered, and/or corrupted.
  9. Users accept that HSCL may suspend access to the Website for periodic maintenance and/or unforeseen downtime and may do so at its own sole discretion without serving any prior notice.
  10. All interactions between Users and HSCL must be carried out in a responsible, ethical, professional, and legal manner.
  11. We may investigate your use of the Website as we deem appropriate to comply with any Applicable Law(s), regulation(s), government request(s), or legal process(es). We may also edit the Website and the Content without giving you prior notice.
  12. We are committed to protecting the privacy of children. Hence, we do not encourage persons under the age of 18 (“Minor”) to use the Website. If a Minor would like to access the Website, they should do so under the guidance and supervision of a parent/guardian/adult. We do not personally collect identifiable information from any person we know is a Minor. The Minor is bound by the same Terms and agrees that HSCL is not liable or responsible for the Minor’s failure to act in accordance with this Clause 6.12.
  13. When a User visits the Website or sends us e-mails, they are communicating with us electronically and thereby consent to receiving communications from us electronically. Users agree that all agreements, notices, disclosures, and other communications that we provide to Users electronically satisfy any legal requirement that such communications be in writing.
  14. We may share your personal information with HSCL’s partners and third parties licensed to access User personal information. This may include any third-party aggregators partnered with the Website, or any entity that we are engaged with in enhancing our business from time to time.
  15. You grant us and all other persons or entities involved in the operation of the Website the right to transmit, monitor, retrieve, store, and use your information in connection to the operation of the Website. We do not assume any responsibility or liability for any information you submit, or third parties’ use or misuse of information transmitted or received using Website tools and services.
  16. We hereby exclude any/all other warranties and representations relating to the subject matter of these Terms, the Website, and use of the Website in any manner other than expressly stated herein.

7. Privacy Policy

  1. Please refer to our Privacy Policy to help you understand what information we collect, how we use it, and what choices you have when you use our Website.
  2. We adopt standard data collection, storage, processing practices, and security measures in accordance with UAE ICT and TRA laws, in order to protect against unauthorised access, alteration, disclosure, or destruction of Users’ data stored on our Website.
  3. You agree and acknowledge that we reserve the right to change these general practices at any time and at our sole discretion.

8. Limitation of Liability

  1. You understand and agree that in no event shall the officers, directors, employees, agents, or licensors of HSCL be held liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection to the Content, including, but not limited to, any damages resulting from loss of use, data, or profits, whether or not we have been advised of the possibility of such damages, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with these Terms, or from: (1) the use or inability to use the Content; (2) unauthorised access to or alteration of Your Content; (3) statements or conduct of any User; (4) inaccurate information provided on the Website; or (5) any other matter related to the Website and its Content, whether based on warranty, intellectual property, contract, tort (including negligence) or otherwise.
  2. We will not be liable for any loss or damage caused by viruses or other technologically harmful material that may infect your computer and mobile equipment, programs, data, or other proprietary material due to your use of our Website or to your downloading of any material posted on it.
  3. We will not be held liable for any Content uploaded onto or downloaded from the Website. Any Content uploaded to or downloaded from the Website shall be the sole responsibility of the Users. HSCL shall not be held liable for any Content which has been lost, stolen, destroyed or otherwise, whether uploaded to, or downloaded from the Website with or without the consent of the Users.
  4. We shall not be held responsible for the quality, accuracy, or legitimacy of any information provided to HSCL by the User or to Users through the Website. You hereby acknowledge and agree that your acceptance of providing information to HSCL is of your own choice and we shall not be held liable for any loss or damage resulting from your reliance on any information, conversations, or Content thereof made available to you.
  5. Users agree that they will not bring any claim against HSCL or any of our officers, directors, employees, agents, and licensors in respect of any losses they suffer in connection to the Website or these Terms.

9. Indemnity

Users agree to indemnify, defend, protect, and hold each of us and our respective officers, directors, employees, agents, and licensors, harmless from and against any/all claims, actions, demands, liabilities, settlements, lawsuits, and costs of every kind pertaining to any violation of the law or these Terms. Such costs include, but are not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from, your access to, or use of the Website and the Content, or your violation of these Terms.

10. Violations

  1. If HSCL becomes aware of any possible violations by you of these Terms, then we reserve the right to investigate such violations. If, as a result of the investigation, we suspect or have reason to believe that criminal activity has occurred, then we shall refer the matter to any relevant applicable legal authorities.
  2. HSCL is entitled, except to the extent prohibited by the Applicable Law(s), to disclose any information or materials on the Website, including Your Content, to:
    1. comply with Applicable Law(s), legal process(es), or governmental request(s);
    2. enforce the Terms;
    3. respond to any claims that Your Content violates the rights of third parties;
    4. respond to your requests for customer service, provided no confidential information is being divulged (customer service will only have access to details that will aid them in responding to queries regarding your access to the Website); or
    5. protect the rights, property, or personal safety of HSCL, its Users, or the public, and all enforcement or other government officials, as HSCL in its sole discretion deems to be necessary or appropriate.

11. Severability

If any court or competent legal authority decides that any of the provisions herein are invalid, unlawful, or unenforceable to any extent, the Term will, to that extent only, be severed from the remaining Terms, which will continue to be valid to the fullest extent permitted by the Applicable Law(s).

12. Waiver

  1. If we fail to insist upon strict performance of any of the Users’ obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under these Terms, this will not constitute a waiver of such rights or remedies and will not relieve Users from compliance with such obligations.
  2. Waiver by us of any particular default(s) will not constitute a waiver of any subsequent default(s).

13. Third-Party Rights

These Terms are between the Users and us. No other third-party shall have any right to enforce any of its terms, unless expressly stated in these Terms, or as authorised in writing by HSCL.

14. Force Majeure

HSCL shall not be responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by events outside our reasonable control including, but not limited to, acts of God, internet failure, malfunction of data/database/software, service errors, updates to the Website (including, but not limited to, maintenance, repairs, bugs, fixtures, and any other technical issues on the Website), or otherwise, fire, flood, severe weather, explosion, war, riot, civil commotion, act of terrorism, industrial dispute (whether or not involving HSCL’s employees), epidemics, pandemics, lockdowns, cancellations due to outbreaks of viruses, or acts of local or central government or other competent authorities.

15. Governing Law and Jurisdiction

  1. These Terms shall be governed by, and construed in accordance with, the laws of the Dubai International Financial Centre (“DIFC”) and the respective Applicable Law(s), including, but not limited to, the electronic transaction and e-commerce laws of the UAE.
  2. The parties irrevocably agree that the DIFC Courts shall have sole jurisdiction to settle any dispute or claim that arises out of or in connection to these Terms or its subject matter or formation (including non-contractual disputes or claims). The parties further agree and acknowledge that the Civil Courts of Dubai may be used to settle any disputes in the event that the dispute falls under the mandate of the laws of Dubai instead of the DIFC laws (pursuant to an order received from the DIFC Courts declaring the jurisdiction of the dispute falls under the Civil Courts of Dubai) and/or in the event of enforcing the DIFC Court judgment.

16. Contact Information

For any inquiries or comments about HSCL’s Website or these Terms and Conditions, please contact us through email on: info@hortman-stemcell.com