Terms and Conditions

Laboratorio Elea Phoenix S.A kindly asks you to read carefully these General Access & Visit Terms and Conditions (hereinafter “TERMS & CONDITIONS”) as soon as you access the Website www.elea.com (hereinafter “THE WEBSITE”) and/or before visiting its pages and/or when you complete any of the registration forms included in THE WEBSITE.
By accessing and/or visiting THE WEBSITE the third party becomes a Visitor of THE WEBSITE (hereinafter, THE VISITOR or THE VISITORS, indistinctly), and implies full acceptance, without restrictions, of the TERMS AND CONDITIONS published herein this web page from the moment THE VISITOR accesses THE WEBSITE. Consequently, these TERMS AND CONDITIONS shall apply, without exception, to all VISITORS to THE WEBSITE from the very first moment they access to any of the pages part hereto.

If you should fail to fully accept these TERMS AND CONDITIONS, Laboratorio Elea Phoenix S.A. requests you to refrain from continuing access and visit to THE WEBSITE; should you fail to do so, you will be deemed to have fully accepted these TERMS AND CONDITIONS.

The TERMS AND CONDITIONS may be only modified partly or entirely by Laboratorio Elea Phoenix S.A., and said changes and implementations shall be valid as of being published or inserted in THE WEBSITE or since being notified to THE VISITORS by any means, whichever should occur first. Thus, we suggest every time you decide to enter THE WEBSITE you visit these TERMS AND CONDITIONS and verify there have been no amendments. Violations to these TERMS AND CONDITIONS shall grant Laboratorio Elea Phoenix S.A. the right to suspend or prevent VISITORS who should have committed them, by action or omission, from accessing and/or visiting THE WEBSITE.


What is www.elea.com

THE WEBSITE therein URL: http://www.elea.com wholly, solely and exclusively to Laboratorio Elea Phoenix S.A., and follows the sole purpose of providing health care information, exclusively directed to health professionals.

All the information included on THE WEBSITE is summarized and shall never be deemed complete or extensive on any of the subjects covered. Consequently, it is not intended, nor should it be used, as substitute of a medical visit, call, consultation or assessment.

All contents, to be understood as, namely, texts -including all reports, articles, data, comments, dissertations, exhibitions, notes and reproductions-, graphics, logos, icons, images, files of any kind and software, herein after, the “CONTENTS”, published on THE WEBSITE shall only be employed as a source of information. Any other activity, including reproduction, modification, transfer, public communication, distribution and/or transmission, total or partial, without prior authorization from Laboratorio Elea Phoenix S.A. is strictly prohibited by Law. To use material from THE WEBSITE in a form different from that provided in content access through the use of a web browser, authorization shall be requested from Laboratorio Elea Phoenix S.A. by sending an email to: info@elea.com.

Laboratorio Elea Phoenix S.A. reserves the right to unilaterally modify, at any time and without prior notice, the content, presentation and setting of THE WEBSITE, as well as access and visit conditions.


Access & Visit Conditions Very important

All the information therein THE WEBSITE is primarily aimed at informing and/or providing general health-related knowledge of THE VISITORS. Under no circumstances shall said information be deemed professional medical advice issued by Laboratorio Elea Phoenix S.A. and/or THE WEBSITE and/or by those who eventually issue reports, articles, comments, dissertations, exhibitions, notes, etc., posted on THE WEBSITE.

It is hereby expressly clarified that neither Laboratorio Elea Phoenix S.A., THE WEBSITE, nor any party that eventually issue reports, articles, comments, dissertations, exhibitions, notes, etc., posted in THE WEBSITE conduct through THE WEBSITE any counseling, diagnosis, medical treatment, medicine collaboration, or medical exercise activities, nor any other activity regulated by Act 17,132, Regulatory Decree 6,216 and concurrent legislation, but they simply provide information for VISITORS to expand their health related knowledge.

All information VISITORS may gather through the WEBSITE are for information purposes only and do not include, nor does it expect to include, all the diseases, symptoms, ailments, or health-related physical or psychological conditions. VISITORS should not use the information therein THE WEBSITE to diagnose or run tests, diagnoses or treatments of a disease or health issue without previously consulting a qualified physician. Information therein THE WEBSITE shall never substitute professional counseling, diagnosis, indication or advice of a qualified physician. Please, consult your physician in case of doubt or concern in relation to your condition and/or health state. THE WEBSITE offers no advice for medical treatment nor does it recommend any physicians for this purpose. Such requests, if made, will not be answered.

Laboratorio Elea Phoenix S.A. discourages self-medication in every form, as well as self-management of health issues. Therefore, our constant advice is that in case of doubt, consult a qualified physician.


Generalities

All CONTENTS herein THE WEBSITE are of exclusive property of Laboratorio Elea Phoenix S.A. and/or third parties that have surrendered their copyrights and/or authorized their publication and/or use on THE WEBSITE and are protected by Intellectual Property laws. Enhancements and/or modifications to the CONTENTS therein THE WEBSITE are of exclusive property of Laboratorio Elea Phoenix S.A. The CONTENTS are offered for the purpose of informing VISITORS and shall be used for the purposes they were created and made available.

Publication of CONTENTS generated by third parties is and will be duly attributed to the parties claiming authorship, being the latter the sole responsible for its content. Opinions and/or CONTENTS issued by third parties on THE WEBSITE are the sole responsibility of the authors and do not necessarily reflect the opinion of Laboratorio Elea Phoenix S.A. or THE WEBSITE.


Free access and visit to THE WEBSITE.

The information provided by Laboratorio Elea Phoenix S.A. therein THE WEBSITE is free of charge for VISITORS and does not require prior subscription or registration. However, access to certain sectors and/or benefits may require prior subscription or log in, in which case VISITORS shall be dully noted.


Conditions for Subscription or Registration

In order for a VISITOR to register or subscribe to THE WEBSITE, they shall be a physical person, aged 18 or older. Registration shall be made in their own name.

Should there be any changes in the information provided during registration, please inform Laboratorio Elea Phoenix S.A. as soon as possible with an email to the following email address: info@elea.com.


Access Account

In the registration or subscription process to THE WEBSITE, VISITORS will be requested to enter an Identification (“USER ID”) and a Personal Password that shall be created by themselves. Laboratorio Elea Phoenix S.A., to its sole criteria and for any other reason, reserves the right to reject or modify any USER ID that THE VISITOR may have chosen.


Health Care Professionals Sector

The existence of a sector for health care professionals (hereinafter HCPS) is hereby made known. Although access, visit and log in to the HCPS is free, health care professionals who wish to use it shall priorly complete a registration form.

Access and/or visit to a HCPS is submitted to specific conditions (hereinafter, “SPECIFIC CONDITIONS FOR HEALTH CARE PROFESSIONALS) that may substitute, complete and /or modify these TERMS AND CONDITIONS. Priorly to access and/or visit to the HCPS and its CONTENTS, the health care professional who wishes to register shall also read carefully the corresponding SPECIFIC CONDITIONS FOR HEALTH CARE PROFESSIONALS. Access and/or visit to such SECTOR and its CONTENTS expresses the complete and unconditional acceptance both of the TERMS AND CONDITIONS and the SPECIFIC CONDITIONS FOR HEALTH CARE PROFESSIONALS published by Laboratorio Elea Phoenix S.A. therein THE WEBSITE at the time of said access and/or visit.


People under the age of 18.

THE WEBSITE may have information specifically targeted at people under 18 years old. However, Laboratorio Elea Phoenix S.A. does not allow subscription or log in to THE WEBSITE by people younger than 18 years old. Within our possibilities, we will try to post most information targeted at the latter in sections that do not require prior subscription or log in to THE WEBSITE. Laboratorio Elea Phoenix S.A. advise parents, tutors and/or anyone responsible for kids under 18 years old, to supervise the minors that access THE WEBSITE and to active and thoroughly take part in all their activities herein.


Obligation to make proper use of THE WEBSITE.

VISITORS undertake to use THE WEBSITE in accordance with the law, with provisions herein the TERMS AND CONDITIONS, morality and generally accepted principles of morality and public order, and undertake to refrain from using THE WEBSITE for unlawful purposes or effects, contrary to these TERMS AND CONDITIONS, harmful to third party rights and interests, or that in any form may damage, render useless, or overburden or deteriorate THE WEBSITE or prevent its normal visit by VISITORS.


Access refusal and withdrawal to THE WEBSITE

Laboratorio Elea Phoenix S.A. Reserves the right to refuse or withdraw access to THE WEBSITE at any time and without any prior notice, by its own initiative or through a third party to VISITORS who violate these TERMS AND CONDITIONS and/or the SPECIFIC CONDITIONS FOR HEALTHCARE PROFESSIONALS, as should apply.


Means to obtain CONTENT

VISITOR shall refrain from obtaining any kind of CONTENT accessible through THE WEBSITE through the employment of means or procedures different from those made available or indicated to such effect in the web pages being visited or, in general, different from those habitually used in the Internet with such purpose as long as said means or procedures shall not imply risk of damage or disablement of the WEBSITE and/or its CONTENTS, and/or allow to breach these TERMS AND CONDITIONS or the SPECIFIC CONDITIONS FOR HEALTH CARE PROFESSIONALS that shall apply.


Frequently Asked Questions – FAQ

VISITORS accessing this sector of THE WEBSITE shall find brief general comments related to some of the queries linked to specific health aspects priorly issued by other VISITORS.

It is expressly clarified that the CONTENT of the “Frequently Asked Questions” or “FAQ” sector therein THE WEBSITE is for information purposes only, and shall never be considered neither as advice, diagnosis, medical treatment, collaboration or exercise of medicine, nor any other activity provided for under Act 17,132, Regulatory Decree 6,216 and concurrent legislation.

Information VISITORS may gain through the “Frequently Asked Questions” or “FAQ” section therein THE WEBSITE is for information purposes only and shall not be considered an answer to any query in particular. VISITORS shall not use the information therein the “Frequently Asked Questions” or “FAQ” sector therein THE WEBSITE to diagnose or analyze, diagnose or treat a disease or health issue without previously consulting a qualified physician. Information provided under the “Frequently Asked Questions” or “FAQ” therein THE WEBSITE shall never substitute professional counseling, diagnosis, indication or advice from a qualified physician. Please, consult your physician in case of any doubt or concern in relation to your condition and/or health status. THE WEBSITE offers no advice regarding medical treatment nor does it diagnose, advise or recommend any physician for these purposes. Such requests, if issued, shall not be answered.


Proper use of CONTENTS

VISITOR hereby undertakes to use the CONTENTS diligently, correctly and lawfully and, specifically, undertakes: (1) no to use the CONTENT in such a way, for such purposes or effects contrary to law, morality and generally accepted good morality or public order, these TERMS AND CONDITIONS or the SPECIFIC CONDITIONS FOR HEALTH CARE PROFESSIONALS as may apply; (2) not to reproduce or copy, distribute, allow public access through any public communication modality, transform or modify the CONTENTS, unless Laboratorio Elea Phoenix S.A. and/or the owner of the corresponding rights should have issued prior authorization, or should it otherwise be legally permitted; (3) not to limit, evade or manipulate or violate, by any means, the intellectual and/or industrial rights and other identifying data of the rights of Laboratorio Elea Phoenix S.A or its owners incorporated to the CONTENTS, as well as the protection technical devices that may include the CONTENTS; (4) not to employ the CONTENTS and, specifically, any kind of information obtained through the WEBSITE to issue advertising, communications with the purpose of direct sale or any other commercial purpose, unrequested messages targeted at a plurality of people regardless of its purpose, as well as market or disseminate in any other form said information.


Introduction of Hyperlinks to access THE WEBSITE pages

VISITORS and, in general, anyone who sets out to establish a hyperlink between their web page and any one of the web pages therein THE WEBSITE (hereinafter the “HYPERLINK”) shall comply with the following conditions: (1) the HYPERLINK shall only allow access to THE WEBSITE but shall not reproduce its CONTENTS; (2) HYPERLINKS shall only be made to the homepage of THE WEBSITE, unless express written authorization from Laboratorio Elea Phoenix S.A to do so for other web pages of THE WEBSITE; (3) no browser, frame or border environment shall be created over the web pages of the WEBSITE; (4) no false, inaccurate or incorrect statements or indications shall be issued on the web pages of THE WEBSITE and, in particular, there shall be no statement nor understanding that Laboratorio Elea Phoenix S.A. has authorized the HYPERLINK or has supervised or undertaken in any form the CONTENTS or services offered or made available to the web page where the HYPERLINK is established; (5) except for the signs part of the HYPERLINK, the web page where the HYPERLINK be established shall have no brand, trade name, establishment sign, designation, logotype, slogan or other distinctive signs belonging to Laboratorio Elea Phoenix S.A. and/or THE WEBSITE; (6) the web page where the HYPERLINK be established shall have no unlawful information or CONTENTS, contrary to morality and the generally accepted good morality or public order, nor shall it include CONTENTS that violate any third party rights. In no case shall establishing the HYPERLINK imply the existence of a relationship between Laboratorio Elea Phoenix S.A. and/or THE WEBSITE and the owner of the web page wherein it be established, nor the acceptance and approval by Laboratorio Elea Phoenix S.A. and/or THE WEBSITE of the CONTENTS or services therein offered and/or made available to the public.


Open Forums

VISITORS hereby undertake to make use of the technical devices that, by its nature, allow them to introduce CONTENTS in THE WEBSITE and make them available to other VISITORS and/or HEALTH CARE PROFESSIONALS (hereinafter, “OPEN FORUMS”) in conformity with the law, the TERMS AND CONDITIONS, the SPECIFIC CONDITIONS FOR HEALTH CARE PROFESSIONALS, morality and generally accepted good morality and public order. For indication purposes only, VISITOR undertakes not to transmit, disseminate or make available to third parties through OPEN FORUMS CONTENTS that (1) in any form infringe, underestimate or attempt against the fundamental rights and public freedoms acknowledged in Argentina’s legal system; (2) induce, incite or promote criminal, denigrating, defamatory, disqualifying or violent actions or, in general, contrary to law, to morality and generally accepted good morality or public order; (3) induce, incite or promote discriminatory actions, attitudes or ideas by gender, race, religion, beliefs, health status, age or condition; (4) incorporate, make available or allow access to products, elements, messages and/or criminal, violent, pornographic, degrading services or, in general, contrary to law, morality and generally accepted good morality or public order; (5) induce or may induce an unacceptable state of anxiety or fear; (6) induce or incite to become involved in dangerous, risky or harmful practices for health and psychological balance; (7) be false, ambiguous, inaccurate, exaggerated or extemporaneous, in order to mislead the purpose or intentions of the purposes of communicator; (8) be protected by any of the intellectual property or industrial rights belonging to third parties, without VISITOR having priorly gained the necessary authorization from its owners to carry out the use said party is making or attempting to make or is being made; (9) violate third party corporate secrets; (10) be contrary to the right to honor, personal and family privacy or self-image; (11) constitute non-authorized, criminal, deceitful and/or disloyal advertising and/or promote self-medication, in general, that are disloyal competition; (12) incorporate virus or other physical or electronic elements that may damage or prevent the normal functioning of the network, system or information devices (hardware and software) of third parties or that may damage the e-documents and files stored in said information devices.

Laboratorio Elea Phoenix S.A. is under no obligation to control the CONTENTS transmitted, disseminated or made available to third parties by VISITORS through the OPEN FORUMS of THE WEBSITE. Notwithstanding the former, Laboratorio Elea Phoenix S.A. reserves the right to revise, at any time and without prior notice, by its own initiative or upon third party request, said CONTENT and prevent its transmission, dissemination or making available to third parties should, to its sole opinion, be contrary hereto these TERMS AND CONDITIONS.


Exclusion of Guarantees and Liability

General Legal Disclaimer

VISITOR is aware of, and voluntarily agrees that, access and visit to THE WEBSITE and any of its sectors and CONTENTS takes place, shall be under its sole and exclusive responsibility.

Even when the CONTENTS have been drafted aiming at excellence, Laboratorio Elea Phoenix S.A. shall not guarantee, expressly or implicitly, the accuracy, veracity, reliability or completeness of the totality of the information included or referenced therein THE WEBSITE.

Neither Laboratorio Elea Phoenix S.A. nor any person involved in the creation, production or publication of THE WEBSITE or any Web Site connected thereto, shall be responsible in any form or with any extension for any direct or indirect, mediate or immediate, consequently, etc., damage deriving from the access to the information therein THE WEBSITE or any other Web Site connected to THE WEBSITE, either by any error, omission, delay or outdated information of the CONTENTS.

Damages Liability

Laboratorio Elea Phoenix S.A. shall not be liable for damages of any nature that may be suffered by THE VISITORS as a result of the access and/or visit to the CONTENTS posted on THE WEBSITE or in any other Web Site with HYPERLINKS to THE WEBSITE.

VISITORS shall be liable for any damages of any nature that Laboratorio Elea Phoenix S.A. and/or THE WEBSITE may suffer as a consequence of the non-compliance of any of the obligations such party is submitted to by accepting these TERMS AND CONDITIONS. VISITOR agrees to indemnify and hold harmless Laboratorio Elea Phoenix S.A., and/or any of its dependents, licensors, suppliers and licensees, from and against any loss, expense, damage and costs resulting from any violation to the applicable laws and regulations, and to this TERMS AND CONDITIONS when said violation be made, by action or omission, by VISITOR or any other person accessing THE WEBSITE through the account and/or technical devices belonging to THE VISITOR.

Exclusion of guarantees and liability for THE WEBSITE functioning. Laboratorio Elea Phoenix S.A. makes no guarantees as to the availability and/or continuous functioning of THE WEBSITE. Laboratorio Elea Phoenix S.A. excludes any responsibility for damages of any nature that may result from lack of availability or continuous functioning of THE WEBSITE and/or any of its CONTENTS.

Laboratorio Elea Phoenix S.A. does not guarantee that the WEBSITE and/or its CONTENTS be useful for any activity in particular. Laboratorio Elea Phoenix S.A. excludes any responsibility for damages of any nature that may result from the fraudulent use by VISITORS of the WEBSITE and/or any of its CONTENTS.

Exclusion of guarantee and liability for CONTENTS

The information furnished on THE WEBSITE shall not imply offering, advice, counseling, suggestion, diagnosis, nor request for the purchase, disposal, marketing or any other transaction of any share or asset of Laboratorio Elea Phoenix S.A.

Laboratorio Elea Phoenix S.A. does not hold prior monitoring, nor does it guarantee absence of virus in the CONTENTS, not absence of other elements that may cause alterations in the information system (software and hardware) or in the e-documents and files stores therein the information system of VISITORS. Laboratorio Elea Phoenix S.A. excludes any responsibility for damages of any nature that may result from the presence of virus or other harmful elements in the CONTENTS of THE WEBSITE.

Laboratorio Elea Phoenix S.A. does not guarantee the legality, reliability and usefulness of CONTENTS. Laboratorio Elea Phoenix S.A. excludes any liability for damages of any kind that may result from transmission, dissemination, storage, making available, reception, gathering or access to the CONTENTS.

Exclusion of guarantees and liability for the Services and CONTENTS hosted outside the Web Site.

THE WEBSITE makes available to VISITORS link technical devices (such as, namely, hyperlinks and banners), directories and search tools that allow accessing to third parties’ Web Sites (herein under, LINKED WEBSITES). The sole purpose of setting up of links, directories and search tools shall be to inform the existence of other sources of information on the subject, in no way shall it be assumed as a kind of suggestion, invitation or recommendation to visit the destination venues or any kind of link or association between Laboratorio Elea Phoenix S.A. and/or THE WEBSITE and the operator of the LINKED WEBSITES.

Laboratorio Elea Phoenix S.A. does not priorly monitor, approve or make its own services, information, data, files, products and/or any kind of existing material in the LINKED WEBSITES. Thus, extreme caution shall be applied in their valuation and use. Laboratorio Elea Phoenix S.A. does neither guarantee nor undertake any type of liability for damages of any kind that may result from (1) functioning, availability, accessibility or continuity of the LINKED WEBSITES; (2) maintenance of services, information, data, files, products and any kind of existing material in the linked sites; (3) the rendering or transmission of the services, information, data, files, products and any kind of material existing in the LINKED WEBSITES; (4) quality, legality, reliability, usefulness of the services, information, data, files, products and any kind of existing material in the LINKED WEBSITES.

Laboratorio Elea Phoenix S.A. shall neither be liable nor answer for damages, either current or eventual, material or moral, direct or indirect, that VISITORS should suffer, and which should derive from the relationship they establish with third parties whose services have been published on THE WEBSITE.


Procedure in case of intellectual property rights and/or copyrights violation

Should VISITORS or a third party consider that any of the CONTENTS introduced on THE WEBSITE infringe their intellectual property rights, they shall notify Laboratorio Elea Phoenix S.A. Said notice shall be sent to the following postal address: Sanabria 2353, Capital Federal, including the following information: (1) personal data of claimant; (2) authentic signature with personal information of the owner of the intellectual property rights owner allegedly infringed; (3) precise and complete indication of the CONTENTS protected by the intellectual property rights allegedly infringed, as well as their location within THE WEBSITE.


Applicable Legislation and Jurisdiction

THE WEBSITE is operated and controlled by Laboratorio Elea Phoenix S.A., with domicile in Sanabria 2353, Capital Federal. Consequently, the totality of these Terms and Conditions shall be ruled under the applicable law of the Republic of Argentina. Laboratorio Elea Phoenix S.A. and VISITORS, expressly waive any other jurisdiction that may correspond, and submit to the National Ordinary Courts and Tribunals of the Capital Federal.