The B-Next Care mobile application (referred to hereinafter as the
“Application”) and the Website www.bnextcare.lu (referred to hereinafter as
the “Website”) have been made available on-line by the limited company
BioneXt, entered in the trade and companies’ register of Luxembourg under
number B 140 641, a medical laboratory located at 2-4 rue du Château d’Eau,
L-3364 Leudelange represented by its sole director, Doctor Jean-Luc
Dourson, (referred to hereinafter as “BioneXt Lab”).
1- Subject matter
Within the framework of these general terms and conditions of use, BioneXt
Lab is to provide patients, health professionals and any individuals using
the Application and/or Website (referred to hereinafter as the “User”) with
an Application and a Website via a connection to a secure space dedicated
to the User, which enables the latter to consult and understand their
medical details and / or lifestyle by translating their details / analysis
results into a comprehensible language and information proposing practical
information, their history and various information relating to the
activities of BioneXt Lab.
Personal and / or medical information are of a strictly confidential
nature.
The service provided by BioneXt Lab, in particular the text, graphs, images
and any other materials contained in the Application, is intended to
enhance the User’s understanding of their medical details. The service does
not provide a medical diagnosis, therapeutic treatment or professional
medical service. The User must always seek the advice of a health
professional.
2- Access to the Application and/or Website
The Application may be downloaded free of charge on any mobile device which
is compatible with the IOS and Android platform.
The User should be informed of the importance of monitoring third party
access to his/her mobile devices due to the potential sensitivity of the
data entered in the Application.
Under no circumstances does the Service allow for an emergency
situation to be dealt with by health professionals. In the event of an
emergency, the User must contact the relevant emergency service by
dialling 112 for example.
The User acknowledges that the use of the Application does not
substitute personal or medical monitoring by health professionals.
A personal myLAB® space must be created (referred to hereinafter as the
“Account”) before any connections are made and before the User registers
with the Application and/or Website.
The User must not provide the information relating to his/her Account
(including access codes) to any third parties. The User has sole
responsibility for maintaining the confidentiality and security of his/her
Account and any activities which relate directly to or are carried out by
means of the latter and undertakes to notify BioneXt Lab immediately if the
security of the Account is compromised. The User specifically acknowledges
and accepts that the Application and/or Website have been designed and are
intended for strictly personal use. The User will refrain in this context
from sharing his/her Account information with any third parties. Subject to
having provided evidence of reasonable competence and diligence, BioneXt
Lab cannot be held responsible for the disclosure of confidential
information or losses stemming from the unauthorised use of the User's
account and non-compliance with these guidelines.
The User must enter his/her user name and access code to authenticate the
Account in order to use the Application and/or Website. The User agrees to
provide accurate, comprehensive information at the time of registration and
to update his/her registration details to ensure that they are always
accurate and comprehensive. BioneXt Lab reserves the right to suspend or
cancel the User's Account if precise, current, comprehensive details are
not entered in the Application and/or on the Website. The User must agree
to BioneXt Lab storing and using the registration details provided by the
User for the Application and/or Website.
Users are granted the right to access, correct, amend and delete details
which concern them personally. This right may be exercised by writing to
BioneXt Lab, 2-4 rue du Château d’Eau, L-3364 Leudelange or by sending an
email to the following address: dpo@bionext.lu, .
All Users may connect to the Application and/or Website free of charge in
order to consult published information.
Access to the Application and/or Website requires Internet access in order
to be successful. In the absence of an Internet connection, the User
acknowledges that BioneXt Lab cannot be held responsible for any slowness,
absence or difficulty in accessing and/or using the Application and/or
Website. The use of the Application and/or Website may require compatible
devices and the installation of certain software (costs may apply). The
performances of the Application and/or Website may be affected by the
successful implementation of these factors. The User acknowledges and
accepts that he/she is solely responsible for fulfilling the conditions for
the successful implementation of the Application and/or Website. The
Service is governed by the terms and conditions applying to the User's
telephone network (coverage, saturation, availability) and any limitations
and restrictions in terms of availability, coverage and saturation
according to the User's geographical location at the time of Use of the
Service. BioneXt Lab cannot be held responsible for the malfunctioning of
the Service and the consequences stemming from these conditions.
The User agrees to use the Application and/or Website exclusively for the
purposes authorised by these general terms and conditions and in accordance
with the applicable laws and regulations or generally accepted practices.
If the use of the Application and/or Website by the User or any other
behaviour on the part of the latter threatens (intentionally or otherwise)
the ability of BioneXt Lab to maintain the Application and/or Website and
the confidentiality of the associated information or any other system,
BioneXt Lab may take all reasonable steps to protect the Application and/or
Website or to protect the stored confidential information, including the
immediate cancellation or suspension of the User's right to access the
Application and/or Website.
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Availability of the Application and/or Website
The Application and/or Website or any functionality or part of the latter
may not be available in every country. BioneXt Lab cannot guarantee that
the Application and/or Website or any functionality or part of the latter
will be appropriate or available worldwide. The User chooses to access and
use the Application and/or Website on his/her own initiative and is
therefore responsible for acting in accordance with all applicable laws.
BioneXt Lab aims to inform the User in a clear, transparent manner of the
use of cookies when browsing the Application and/or Website.
A cookie is a text file which is stored on the hard drive of the User's
terminal (computer, tablet, mobile) via the browsing software when the
Application and/or Website is consulted.
This means that a cookie is sent to BioneXt Lab every time the User opens a
page in the Application and/or on the Website from his/her computer or
mobile device. The cookies saved by BioneXt Lab or third parties when the
User visits the Application and/or Website do not recognise the User
personally as an individual but only recognise the device used by the
latter. Cookies do not store any sensitive personal data but simply provide
information on the User's browsing activities so that his/her terminal can
be identified at a later stage.
Cookies do not cause any damage to the User's device but make it easier to
find his/her preferences, pre-fill certain fields and adapt the service
content of BioneXt Lab.
BioneXt Lab cannot be held responsible under any circumstances for any
damage caused by or stemming from cookies on the User's device.
The User is solely responsible for deciding whether he/she wishes to have
cookies stored on his/her device and may easily monitor the recording of
the cookies. Since the authentication of the Website requires cookies, they
must be accepted in order to gain access to restricted content.
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Absence of transfer of rights
None of the provisions of these terms and conditions must grant the User
any interest, title or licence concerning a user name associated with the
Application and/or Website, a domain name, an email address or similar
resource used by the User relating to the Application and/or Website.
3- Obligations of the User
Access to the Application and/or Website and consultation of the
information which it contains, as well as any potential interpretation, are
carried out under the sole responsibility of the User who undertakes to use
the system for strictly personal, non-commercial purposes.
4- Obligations of BioneXt Lab
BioneXt Lab undertakes to dedicate all the resources at its disposal, as
far as is reasonably possible, in order to guarantee continued access to
the Application and/or Website and to allow the User to optimise the use of
the latter. The commitment of BioneXt Lab is based on a simple obligation
of conduct.
Furthermore, BioneXt Lab reserves the right to suspend access to the
Application and/or Website at any time within the framework of
interventions such as the maintenance and upgrading of software, hardware
upkeep and updates, updating of content, etc.
5- Cancellation of the User’s Account
The User may request the cancellation of his/her Account or may stop using
the Application and/or Website at any time. In order to cancel the Account,
the User must write to BioneXt Lab, 2-4 rue du Château d’Eau, L-3364
Leudelange or send an email to the following address dpo@bionext.lu. If the
User requests the cancellation of his/her Account, he/she will no longer
have access to the Application and/or Website by means of this user name.
This operation is irreversible.
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At the initiative of BioneXt Lab
BioneXt Lab may immediately cancel or suspend all or part of the User's
Account or access to the Application and/or Website at any time without
notice in the event of unexpected technical or security problems which
threaten the security of confidential information concerning the User. This
action will be taken under the sole responsibility of BioneXt Lab and the
company will not be held responsible with regard to any third parties for
damage stemming from cancellation or suspension of the User or access to
the Application and/or Website.
6- Confidentiality
BioneXt Lab undertakes to respect the strict confidentiality of information
relating to the User throughout the entire duration of his/her use of the
Application and/or Website.
In particular, as far as Confidential Information is concerned (according
to the definition above), subject to Article 10 of these terms and
conditions, BioneXt Lab undertakes:
(a) not to use the information for purposes other than the execution of
this document;
(b) not to pass the information on to third parties by any means whatsoever
without the prior written agreement of the User concerned;
(c) to limit its circulation to its staff members or partners who require
the information within the framework of the execution of this document;
(d) to maintain its confidential nature by applying similar provisions to
those normally used to protect its own confidential information;
(e) to ensure that the above-mentioned staff members or partners respect
the provisions of points (a), (b) and (c) above;
(f) to ensure that the subcontractors with whom it cooperates respect the
same terms and conditions.
The term “Confidential Information” in this document refers to all
information of any kind and in any form whatsoever which may be passed on
by one Party to the other or of which one Party becomes aware within the
framework of the execution of this document regardless of whether this
information relates to its subject matter or belongs to the other Party.
Notwithstanding the provisions outlined above, BioneXt Lab may grant
authorised third parties access to Confidential Information for the sole
purpose of providing its services correctly, provided that this access is
required for the implementation of the services and/or maintenance of the
Application and/or Website.
Confidential Information must not be passed on to third parties for
commercial purposes or for unauthorised use according to this document.
It should be pointed out that secrecy of correspondence is not guaranteed
on the Internet and each User of the Application and/or Website is
responsible for taking appropriate steps in order to protect their own
data.
7 - Responsibility
The Application and/or Website provide additional resources intended to
help the User in his/her interactions with BioneXt Lab. They are in no way
intended to replace the assessment or judgement of the User.
BioneXt Lab cannot be held responsible under any circumstances for any
damage incurred by the User (or by individuals who have been granted access
voluntarily or involuntarily to the Application and/or Website) due to an
event occurring outside the exclusive control of BioneXt Lab and notably
damage relating to:
-
the authenticity, accuracy or medical relevance of information provided
to BioneXt Lab by Users, notably biographical patient data and results
of medical tests, and/or
-
the inappropriate use (wrongful or otherwise) of the Application and/or
Website by the User, and/or
-
the malfunctioning of the hardware and/or software used by the User to
access the Application and/or Website caused, among other things, by a
virus, security breach, spyware, rootkit, etc., regardless of the
individual or information system affected by the damage and/or
-
the suspension or disruption of access to the Application and/or
Website stemming from the action of a third party and/or a force
majeure event notably including work conflicts (strike, lock-out, etc.)
on the premises of BioneXt Lab or any subcontractor involved in
guaranteeing the full availability of the Application and/or Website,
and/or
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the temporary impossibility of consulting information sources which are
accessible from the Application and/or Website via links with other
sites.
BioneXt Lab cannot be held responsible with regard to these same
individuals for any indirect damage. Its responsibility would in all events
be limited to the direct damage caused by the Application and/or Website
relating to:
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Any disruption to access to the Application and/or Website by the User
solely due to a fault on the part of BioneXt Lab which has been proven
by the User, and/or
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Damage stemming from the consultation of the Application and/or Website
and the use of the information provided and/or damage caused by the
Application and/or Website to the information system implemented by the
User to access said Application and/or said Website.
8 - Intellectual property
BioneXt Lab is the owner of the content and general presentation of the
Application and/or Website (site source code, fixed or automatically
generated pages, photos, drawings, illustrations, sound, videos, names,
brands, logos, databases, software, etc.).
All these elements are therefore protected by the intellectual property law
of Luxembourg with the exception of rights from which third parties may
benefit with respect to certain elements.
Subject to the applicable legal provisions and/or the prior written
authorisation of BioneXt Lab, any copying, representation, circulation or
recirculation, amendment in full or in part, sale, resale, retransmission
or provision to third parties in full or in part of the content of this
Application and/or Website via any media or process whatsoever constitutes
infringement which could incur the civil and criminal liability of the
infringing party.
Any content which is reproduced and/or circulated according to a legal
provision or prior written authorisation of BioneXt Lab must provide all
references in their identical form to copyright, captions and information
concerning registered trademarks featuring on the original document and the
source, quoting the Website address (URL) of the page and the reference “©
BioneXt Lab”.
9- Data security
BioneXt Lab must take all the necessary precautions in view of current
technological developments and the nature of the data processed and
retained in order to maintain the security and integrity of this data and
in particular to prevent it from being altered, lost or accessed by
unauthorised third parties.
BioneXt Lab must retain all medical data in secure databases hosted in the
data centres of the supplier POST-eBRC, which are certified and located on
the territory of the Grand-Duchy of Luxembourg and are backed up regularly
and which comply with the extremely strict standards imposed for the
confidentiality and integrity of medical data.
10- Personal data
a) Collection of personal data
In its capacity as data controller, BioneXt Lab is required to collect
personal data from the User and medical laboratories (any information of
any kind including medical information relating to an identified or
identifiable physical entity relating directly to the User). This data is
recorded in the information systems of BioneXt Lab and/or its service
providers.
Electronic data may also be collected and/or stored in the User's
information system for the purpose of managing the connection and browsing
the Application and/or Website. The User may refuse the use of these files
(also known as “cookies”) via the configuration of his/her Internet
browser.
Compliance with these terms and conditions implies the User's consent to
the processing of his/her personal data as described in this article, with
certain data being compulsory for the processing of the User's requests.
The collected data will be used within the framework of the communication
of medical test results to the User. Furthermore, when the User is being
looked after in a hospital, notably through partnerships between BioneXt
Lab and the hospital, medical test results may be consulted by the doctors
working in said hospital.
The User specifically agrees that biological data, samples or any
information concerning the User will be anonymised and may be freely
communicated and passed on to health structures (for example on a
non-exhaustive basis to Luxembourg Centre for Systems Biomedicine (LCSB),
Integrated Biobank of Luxembourg (IBBL), etc.) or any other partner for
research and statistical purposes. BioneXt Lab may also use this
information for research and statistical purposes.
Data will be automatically collected and saved by browsers (server log
files) and the Application. This data may be freely transferred for the
purposes of statistical analysis, security and the improvement of the
service provided by BioneXt Lab and its partners. Indirect personal data
used for statistical purposes may also be collected for the purpose of
managing the connection and browsing activities. This data must not be used
for commercial purposes under any circumstances.
The User also agrees to grant access to all medical test results to
consultants, GPs and specialists who he/she has previously saved in his/her
profile and declared.
The collected data may only be passed on by BioneXt Lab to its technical
partners as far as is absolutely necessary for the smooth running of the
Application and/or Website. Data may also be disclosed with the aim of
securing information networks and transmissions or fulfilling the legal
obligations of BioneXt Lab.
The collected data will also be passed on to third parties if this is
required or authorised by law.
Within the framework of relations with BioneXt Lab, personal data may be
collected either directly or indirectly to allow for the fulfilment by
BioneXt Lab of the purposes outlined below. The following personal data may
be requested:
Examples of personal data requested (non-exhaustive list)
-
Surname
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First name
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Ethnic origin
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Height, weight
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Blood group
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Medical history
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Current medication
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Current treatment
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Family history
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Physical condition
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Sleep quality
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Diet
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Coffee consumption
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Alcohol consumption
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Amount of water drunk per day
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b) Obligation to provide these details and consequences of failing to
provide details
From an ethical and statutory point of view, we are not able to work for
individuals who refuse to provide us with the required information.
c) Purposes of personal data processing
By providing us with your personal data, you specifically authorise us to
process (collect, record, organise, structure, retain, adapt, amend,
extract, consult, use, communicate by transmission, circulation or any
other means, compare or interconnect, limit, delete, destroy) said data for
the following purposes:
-
To allow for the successful completion of the assignment entrusted to
BioneXt Lab
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To record your data in your electronic file
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To answer your questions, requests for information and/or advice
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To monitor and manage your file
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To allow for the transmission of your data to doctors, GPs and
specialists and any other doctors in the hospital with which BioneXt
Lab has formed a partnership.
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To allow for the transmission of your data to consultants, GPs and
specialists who you have previously declared and saved in your user
profile on Websites or the Application.
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To allow for the transmission of your data, after anonymisation, to
health structures for research and statistical purposes
-
To allow for the transmission of your connection and browsing data for
the purpose of managing your file
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To guarantee the effective technical operation of BioneXt Lab
facilities
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To ensure that our accounting department invoices and successfully
monitors our services
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To provide you with our electronic communications and any invitations
d) Data retention
BioneXt Lab is responsible for the archiving of your file; this consists of
the retention of all results throughout the retention period provided for
by law, or failing that a period of five years, and the possibility for the
patient (at their own expense) of consulting or obtaining a copy of all or
part of the archived file during the same period. Upon expiry of said
period, the file will be completely destroyed unless the patient
specifically requests otherwise.
The digital data will be archived upon completion of our intervention
relating to your file and payment of our invoice.
BioneXt Lab will ensure that the personal data collected is relevant,
appropriate and not excessive in relation to the particular purpose of
processing. The collected personal data will only be retained for the
duration required for the fulfilment of the purpose of processing unless
the retention of this data is governed by a legal obligation governing our
activity.
e) Transmission of your personal data to third parties
With your prior approval, and in compliance with the professional secrecy
to which health professionals are bound, your personal data collected by
BioneXt Lab may be wholly or partially transferred to your treating doctor
or group of doctors, to the occupational health, to any other doctor in a
hospital and/or a medical centre with which BioneXt Lab has a partnership
agreement, provided that these doctors have a therapeutic link with you, to
health organisations for research purposes, or to providers of technical
services in the context of the proper management of your case file for
research purposes or for technical reasons. Your prior consent is required
for the transmission of your personal data and may be revoked by you at any
time.
f) Consent of the Data Subject with regard to the processing of their
Personal Data
We would ask that you confirm your free, specific, enlightened, unequivocal
acceptance of the processing of your data as outlined in these general
terms and conditions of use.
If your personal data is transmitted to a third party located outside the
European Union, BioneXt Lab undertakes to ensure that the destination
country offers a similar level of protection in relation to personal data
protection or that the third party responsible for data processing
undertakes to sign a contract including the standard contractual clauses
provided for by the European Commission in order to comply with directive
95/46/EC.
g) Your rights relating to your personal data
All Data Subjects affected by the collection of personal data will be
granted the following rights, subject to evidence of legitimate grounds for
the personal data concerning them being processed, by simple request sent
by email to: dpo@bionext.lu or by post for the attention of: BioneXt Lab –
Service Data Protection – 2-4 rue du Château d’Eau, L-3364 Leudelange.
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Right to information.
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Right to withdraw consent easily at any time.
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Right to access (i.e. obtain) confirmation as to whether or not data
has been processed at any time upon request.
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Right to correct, or ensure that the data controller corrects,
inaccurate personal data as quickly as possible.
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Right to deletion / right to be forgotten, i.e. ensuring that the data
controller deletes data as soon as possible.
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Right to limit processing.
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Right to data portability.
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Right to object to processing at any time on the basis of grounds
relating to a personal situation.
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Right not to be evaluated on the basis of automated processing.
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Right to present a claim to a supervisory authority.
h) Information security of your details
BioneXt Lab must retain all medical data in secure databases hosted in the
data centres of the supplier POST-eBRC, which are certified and located on
the territory of the Grand-Duchy of Luxembourg and are backed up regularly
and which comply with the extremely strict standards imposed for the
confidentiality and integrity of medical data.
i) Applicable law
Any disputes relating to data protection will be governed by the law of
Luxembourg in terms of their validity, interpretation, execution and
extinction and will be dealt with under the exclusive competency of the
jurisdictions of the city of Luxembourg.
In accordance with (EU) Regulation N°611/2013, BioneXt Lab undertakes to
notify the National Commission for Data Protection of the Grand Duchy of
Luxembourg within 24 hours of disclosure of a violation of the security and
confidentiality of personal data and BioneXt Lab undertakes further to
notify you insofar as the incident could have a negative effect on the
level of protection of your privacy and data.
You hereby acknowledge and accept that BioneXt Lab cannot be held
responsible under any circumstances for a security violation resulting
accidentally or unlawfully in the destruction, loss, alteration, disclosure
or unauthorised accessing of personal data which is transmitted, stored or
processed in relation to the Application and/or Website.
11- Contact with the User
BioneXt Lab may contact the User via the Website or Application or by email
if this is justified by the smooth running of the Application and/or
Website and whenever BioneXt Lab needs to make contact with the User for
any reason whatsoever.
12 - Agreement on evidence
In order to save the registration and acceptance of these terms and
conditions and future additional clauses, BioneXt Lab and its service
providers use an information system which stores this information
(identification of individuals, acceptance principle, etc.) in a digital
database.
The User acknowledges that said information will provide evidence and be
considered authentic in the context of his/her relations with BioneXt Lab
and its service providers.
13- Amendment of these general terms and conditions
BioneXt Lab reserves the right to amend these general terms and conditions
at any time and propose new or additional terms and conditions relating to
the use of the Application and/or Website. These amendments and additional
terms and conditions will be communicated to the User and, if the latter
agrees, will be enforced immediately and will form an integral part of the
applicable general terms and conditions. If the User refuses to accept
these amendments of additional terms and conditions, BioneXt Lab reserves
the right to cancel the User's account. The User hereby accepts that
BioneXt Lab will not incur any liability towards him/her or any third party
in relation to the amendments or termination of the Application and/or
Website.
14- Invalidity of a clause
The invalidity of one of the clauses of these general terms and conditions
will not affect the validity of the other clauses in any way whatsoever.
15- Applicable law and attribution of jurisdiction
These general terms and conditions of use are governed by the law of
Luxembourg.
Any disputes relating to said terms and conditions will be dealt with under
the exclusive competency of the jurisdictions Luxembourg in the city of
Luxembourg.