Terms of Use

1. Scope 

These Terms of Use of QuantuMDx Group Limited (”QuantuMDx”) govern the use of the internet pages provided by QuantuMDx Group Limited and/or its subsidiaries (the “QuantuMDx Website”). Any use of the QuantuMDx Website is only permitted on the basis of these Terms of Use, which may be amended, modified or replaced by other terms and conditions, e.g. for the purchase of products and services, at the sole discretion of QuantuMDx. The User accepts these Terms of Use in their then current version each time when logging-in or, if a log-in is not required, when starting to use the QuantuMDx Website. 

2. Services 

2.1 QuantuMDx offers on the QuantuMDx Website specific information, software and related documentation, as the case may be, for viewing or downloading. 

2.2 QuantuMDx may at any time cease the operation of the entire QuantuMDx Website or parts thereof. QuantuMDx shall not accept any responsibility and shall not be liable for the continuous availability of the QuantuMDx Website. 

2.3 QuantuMDx may deny Users access to the QuantuMDx Website at any time without notice and without providing reasons. 

3. Registration, Password 

3.1 Some pages of the QuantuMDx Website may be password protected. For reasons of safety and security of business transactions, only registered Users may access such pages. QuantuMDx reserves the right to deny registration to any User at its sole discretion. QuantuMDx also reserves the right to subject any part of the QuantuMDx Website to a registration requirement even if such part had previously been freely accessible.  

3.2 When registering, the User shall provide accurate information, and shall inform QuantuMDx online and without undue delay if such information changes over time. The User shall ensure that the e-mail address supplied to QuantuMDx is current and effective for contacting the User. 

3.3 The User will be provided with an access code upon registration which comprises a User ID and a password (“User Data”). On first access the User shall change the password received from  QuantuMDx into a password known only to the User. The User Data permits the User to view or change its data or to withdraw its consent to data processing. 

3.4 The User is liable for all transactions and other activities carried out under its User Data and shall ensure that such User Data is not accessible by third parties. The User shall log-off from all password protected websites at the end of each online session. If a User becomes aware of any misuse of its User Data by third parties, QuantuMDx must be informed in writing or by e-mail without undue delay. 

3.5 After receipt of a notice under section 3.4, QuantuMDx will deny the User access to all password-protected areas under the affected User Data. Access will only be permitted again upon corresponding application to QuantuMDx or a new registration of the User. 

3.6 The User may at any time request in writing the deletion of its registration, provided that such deletion does not impair or prevent the proper performance of a contractual relationship. Following such request QuantuMDx will delete all User Data and any other personally identifiable data of the User in compliance with applicable legislation as soon as such data are not required anymore. 

4. Rights of Use to Information, Software and Documentation 

4.1 Any use of information, software and documentation provided by QuantuMDx on the QuantuMDx Website, and of any updates thereof, (the “QuantuMDx Contents”) shall be subject to these Terms of Use or the applicable license terms agreed with QuantuMDx, provided that separately agreed license terms shall always prevail over these Terms of Use. 

4.2 QuantuMDx grants the User a non-exclusive and non-transferable right to use the QuantuMDx Contents to the extent agreed between QuantuMDx and the User or, if there is no such agreement, in accordance with the purpose obviously intended by QuantuMDx in making the same available. 

4.3 Software shall be made available in object code only at no expense to the User. Source code shall not be made available except for source code of open source software, if and to the extent applicable license conditions prevail over these Terms of Use and require the disclosure of the source code. In such case QuantuMDx shall make the source code available in return for payment of the costs. 

4.4 The User shall not distribute the QuantuMDx Contents to third parties or make them available in any other way. Unless required by applicable mandatory laws, the User shall not modify, disassemble, reverse engineer or decompile software or any parts thereof that are part of QuantuMDx Contents. The User may make one backup copy of software if required for securing its use. 

4.5 The QuantuMDx Contents are protected by copyright laws, international copyright treaties and other laws and conventions on intellectual property and the User shall comply therewith. In particular, the User shall not remove any alphanumeric codes, marks or copyright notices from the QuantuMDx Contents. 

5. Intellectual Property 

5.1 Any brand names and other QuantuMDx Contents made available on the QuantuMDx Website may not be modified, copied, reproduced, sold, rented, supplemented or used in any other way without the prior written permission of QuantuMDx. 

5.2 These Terms of Use shall not confer any rights in copyrights or other intellectual property to the User, including rights in copyrights, brands, patents or utility models, except as expressly granted herein, and there shall be no implied obligation of QuantuMDx to do so. 

5.3 ‘QuantuMDx’™, ‘Q-POC’™, ‘QUANTUMDX USA’™, are trademarks and service marks of QuantuMDx Group Limited. Unauthorized use of any QuantuMDx Group Limited trademark, service mark or logo is prohibited. Other trademarks, trade names, and service marks appearing on this website are the property of their respective owners.  

6. Duties of the User 

6.1 While using the QuantuMDx Website the User shall not harm or infringe the personal rights of third parties; breach public morality;  

infringe intellectual property or other proprietary rights; upload, store or distribute any contents containing malware, such as viruses, trojan horses, worms, spyware or any other malicious programs; upload, store or distribute hyperlinks or contents which are illegal, in breach of confidentiality obligations or which the User is not entitled to; distribute advertising materials or unsolicited e-mails (“spam”), including incorrect warnings of viruses, defects etc. solicit or request participation in any lottery, snowball system, chain letter, pyramid game or similar schemes. 

6.2 If the User breaches any obligation arising from these Terms of Use, and without prejudice to any other remedies QuantuMDx may have, such User will immediately be denied access to the QuantuMDx Website. 

7. Third Party Content 

7.1 The QuantuMDx Website may contain hyperlinks to webpages of third parties. QuantuMDx does not control and shall not assume any responsibility or liability for the contents and information provided on such webpages. In addition, QuantuMDx does not endorse or make representations with respect to such third-party webpages or their contents. The use of such webpages shall be at the sole risk of the User. 

7.2 The QuantuMDx Website may occasionally contain information or data provided by third parties, such as but not limited postings in user groups. QuantuMDx assumes no liability whatsoever for any such third-party information or data. 

8. Quality or Title Defects 

8.1 Any warranties or liability for defects of the QuantuMDx Contents as to quality or title, express or implied, are excluded, including warranties of correctness, completeness, merchantability and/or fitness for purpose, or of absence of third-party rights, except for cases of wilful misconduct, fraud, gross negligence, personal injury or death. 

8.2 The QuantuMDx Contents may contain general descriptions of the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). Any such descriptions may not be understood as contractual warranties and the User accepts that the required performance of products shall be as agreed at the time of purchase. 

9. Other Liability, Viruses 

9.1 The liability of QuantuMDx for defects in relation to quality and title shall be determined in accordance with the provisions of section 8 of these conditions. Any further liability of QuantuMDx is excluded unless and to the extent required by applicable mandatory law, e.g. in cases of wilful misconduct, fraud, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, foreseeable damage if there is no wilful misconduct or gross negligence. 

9.2 Although QuantuMDx endeavors to keep the QuantuMDx Website free from viruses and other malware, QuantuMDx cannot give any guarantee to this effect. The User shall take all measures required for its own protection to ensure appropriate security and, in particular, use a virus scanner before downloading any QuantuMDx Contents. In addition, the User shall take reasonable security precautions and, in particular, use a virus scanner before uploading any contents onto the QuantuMDx Website. 

9.3 Sections 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User’s disadvantage. 

10. Export Controls 

10.1 The export of certain information, software and documentation may, e.g. due to its nature or intended purpose or destination, be subject to authorisation.  

10.2 Upon request QuantuMDx shall inform the User of the relevant contact points for further information. 

11. Data Privacy Protection 

For the collection, use and processing of personally identifiable data of the User on or in connection with the QuantuMDx Website, QuantuMDx shall comply with applicable laws on data privacy protection and the QuantuMDx Website Data Protection Privacy Policy, which is available per hyperlink on the QuantuMDx Website. 

12. Forward Looking Statements  

This website contains forward-looking statements. These statements relate to future events or QuantuMDx Group Limited’s future financial performance. Any statements that are not statements of historical fact (including without limitation statements to the effect that the Company or its management “believes”, “expects”, “anticipates”, “plans” (and similar expressions) should be considered forward looking statements. There are a number of important factors that could cause QuantuMDx Group Limited’s actual results to differ materially from those indicated by the forward looking statements. QuantuMDx Group Limited disclaims any obligation to update any forward looking statement.  

13. Applicable Laws  

13.1 This site is controlled by QuantuMDx Group Limited from offices within the United Kingdom. QuantuMDx Group Limited makes no representation that the materials contained on this web site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. 
13.2 Those who choose to access this website from other locations do so on their own initiative and are responsible for compliance with applicable local laws. Any claim relating to this website and the materials contained hereon shall be governed by the laws of England and Wales.  


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