1.1. Terms that are capitalized in these terms of use (“Terms of Use”) have the following meaning:
(a) “Confidential Information” means any information of a confidential or proprietary nature, in whatever form, whether of commercial, scientific, financial or technical nature, and irrespective of whether such information is marked or identified as confidential or not;
(b) “CueSee Compare” means the interactive website tool that is made available via an account-protected part of the Website(s) where Eurotrol’s customers that have purchased Eurotrol quality control materials can assess the performance of in vitro diagnostic (IVD) products and review their quality control data against data of peers by use of statistical and graphical presentations;
(c) “Eurotrol” means Eurotrol B.V. and all affiliated entities that provide the Websites to User;
(d) “Information” means all information, documents, product descriptions, specifications, data, statistics, reports, summaries, findings, conclusions or recommendations provided to User on or through the Websites;
(e) “Intellectual Property Rights” means all intellectual property rights, including copyrights, patents, utility models, trademarks, service marks, design rights, database rights, proprietary information rights, know-how and all other intellectual or industrial proprietary rights as may or may hereinafter exist anywhere in the world;
(f) “User” means any person that accesses or uses the Websites;
(g) “User Data” means all information and data, including questions, feedback, suggestions or the like, submitted, transmitted and/or uploaded by User to the Websites or otherwise provided by User to Eurotrol by electronic means or otherwise for purposes of use of or access to the Websites;
(h) “Websites” means www.eurotrol.com, www.cuesee.com, www.cueseecompare.com, including CueSee Compare, and any other Websites or domain that is made available by Eurotrol to User.
2.1. The Websites and Information are property of and managed by Eurotrol. These Terms of Use apply to User’s access to and use of the Websites and the Information. By accessing and browsing the Websites, User accepts the Terms of Use.
2.2. Eurotrol reserves the right to amend these Terms of Use at any time without notice. Such amended Terms of Use shall be effective once published on the Websites. Eurotrol encourages Users to regularly review the Terms of Use so that User is aware of the current Terms of Use governing the Websites and the Information. If User does not agree with the revised Terms of Use, User should stop accessing or using the Websites. By continuing the use of the Websites, User confirms its acceptance of the revised Terms of Use.
2.3. Eurotrol’s Privacy- and Cookie Statement provides information on Eurotrol’s collection and processing of User’s personal data in the context of its use of the Websites.
3.1. Eurotrol provides and maintains the Websites and Information for purposes of providing information to Users, free of charge, for their internal business use. User may download Information from the Websites for professional, informational use only, provided that User retains all copyright notices, other propriety notices and any disclaimer included in the Information.
3.2. Eurotrol reserves the right to publish, edit or remove Information from the Websites at its sole discretion and as it deems necessary.
3.3. The access to and use of the Websites are subject to the restrictions specified in these Terms of Use and any other restriction communicated by Eurotrol.
3.4. User will not violate any law, contract, Intellectual Property Rights or other third party right while accessing or using the Websites or Information. Without limitation to the above, User will not:
(a) use the Websites or Information for purposes other than permitted by these Terms of Use, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. User will not engage in, encourage or promote any activity that violates these Terms of Use;
(b) alter, modify, or create any derivative works of the Websites, its underlying source code, or the Information in any way. This includes without limitation customization, translation, or localization;
(c) port, reverse compile, reverse assemble, reverse engineer, or otherwise attempt to separate any of the components of the Websites or derive the source code for the Websites (except to the extent applicable laws specifically prohibit such restriction);
(d) copy, redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer rights to the Websites or Information;
(e) remove or alter any trademark, logo, copyright, or proprietary notices, legends, symbols, or labels on the Websites or Information;
(f) block, disable or otherwise affect any feature that constitute an integral part of the Websites;
(g) gain or attempt to gain unauthorized access to any (computer) system, server, network or hardware of Eurotrol, other users or any other third party;
(h) use the Websites in any manner that could interfere with, disrupt, negatively affect, or prevent other users from fully accessing and using the Websites, or that could damage, disable, overburden, or impair its functionality in any matter;
(i) use any automated means or interface not authorized by Eurotrol to access the Websites, extract data, or otherwise interfere with or modify the display of the Websites or its functionality;
(j) post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or otherwise violate any law;
(k) collect or store personal information from other users other than what is collected during normal use of the Websites or Information;
(l) release the results of any performance or functionality evaluation of the Websites to any third party without Eurotrol’s prior written consent.
3.5. Eurotrol shall be entitled to suspend and/or terminate User’s use of the Websites, with immediate effect and without any notice or compensation, in case User does not comply with these Terms of Use or any reasonable instruction from Eurotrol in respect to User’s use of the Websites and/or Information. In such event, Eurotrol reserves the right to delete User’s account.
4.1. CueSee Compare is available to Eurotrol customers, free of charge. To access and use CueSee Compare, Users need to create an account. An account can be created by filling in an application form on the publicly available part of the Website(s).
4.2. User must provide accurate, current and complete account information. User is responsible to ensure that the account information is kept up to date.
4.3. User must keep its account credentials, including password(s) associated with its account, strictly confidential from persons not working for or not otherwise affiliated with User’s organization.
4.4. User must notify Eurotrol immediately if it becomes aware of or suspects any unauthorized access or use of its password(s) or account. Eurotrol may suspend User’s account without prior notice if it becomes aware of or suspects any unauthorized use of that account.
4.5. Eurotrol reserves the right to delete obsolete and inactive accounts in its discretion, for instance in a situation in which User is no longer Eurotrol’s customer.
5.1. User is responsible for the reliability, integrity, accuracy, quality and legality of the User Data and the means by which User acquired User Data.
5.2. User shall have the sole responsibility for protecting its User Data, by periodic backup or otherwise, used in connection with the Websites.
5.3. User acknowledges and agrees that any User Data that User submits, transmits and/or uploads to the Websites is and will be treated by Eurotrol as non-confidential and non-proprietary, and may be used by Eurotrol for Eurotrol’s business use and to provide its Websites and Information to User and other users of the Websites and Information (e.g. for generating statistical and graphical presentations based on aggregated data of users).
6.1. Eurotrol and User will take all reasonable measures to ensure safe preservation or storage with respect to the Confidential Information in whatever form, or on whatever kind of data medium.
6.2. The following information is not deemed Confidential Information:
(a) information that has become generally available to the public, other than through unauthorized disclosure;
(b) information that was already lawfully in the possession of the receiving party without any obligation of confidentiality, before the information was disclosed to it by or on behalf of the other party;
(c) User Data;
(d) information independently developed by either party.
6.3. Unless permission to disclose Confidential Information has been given in writing by the other party, each party shall:
(a) keep Confidential Information strictly confidential and refrain from passing it on to anyone other than its employees, affiliates, contractors, advisors, and consultants and only on a need-to-know basis under nondisclosure obligations providing the same protection as these Terms of Use;
(b) refrain from using it, directly or indirectly, for purposes other than the purposes for which it has been disclosed.
6.4. User shall notify Eurotrol in writing immediately upon the discovery of any unauthorized use or disclosure of Confidential Information and will cooperate with Eurotrol in every way to regain possession of Confidential Information and prevent any further unauthorized use.
6.5. Parties may disclose Confidential Information if and to the extent such is required by law or by an administrative or legal court. The party required to do so must, to the extent legally permitted, inform the other party promptly and, if possible, in advance of such disclosure so that the other party can seek a protective order.
7.1. All Intellectual Property Rights in or related to the Websites or the Information remain vested in Eurotrol and/or its licensors.
7.2. Eurotrol explicitly reserves the copyrights to the Information. Therefore, without Eurotrol’s explicit prior written permission, the Information may not be reproduced or published, in whole or in part, in any way whatsoever. Such permission is also required for citing (parts of) the Information, even if Eurotrol and/or its licensors are cited as the source.
8.1. User acknowledges and agrees that the Websites and Information is provided by Eurotrol only for general information purposes and to facilitate User’s assessment of in vitro diagnostic (IVD) products and to facilitate review of User’s quality control data, and that it is User’s responsibility to verify the outcome of the assessment and review. User should not rely (solely) on the Websites and Information. The Websites and Information does not constitute advice by Eurotrol of any kind. Eurotrol strives to ensure that the Websites and the Information are accurate at the date of publication and strives to eliminate errors. Eurotrol may however not have verified all Information. The Websites and Information are provided by Eurotrol “as is”. Eurotrol does not provide any warranty, express or implied, on the accuracy, completeness, quality, merchantability or fitness for a particular purpose of the Websites or Information.
8.2. Eurotrol shall take reasonable measures to keep the Websites and Information free of viruses and bugs and to keep the Websites, including CueSee Compare, available and secure, but Eurotrol does not warrant the uninterrupted access to, the availability or security of the Websites and Information, nor the availability of User Data. Accessing and using the Websites and Information and providing User Data is at User’s own risk. Eurotrol is not liable for loss or corruption of User Data or damages to, or viruses that may infect, User’s computer equipment or other property on account of User’s access to, use of, or browsing in the Websites or User downloading any Information from the Websites.
8.3. The Websites or Information may contain information or data from third parties or links to third party Websites or other sources of information. Eurotrol is not responsible nor liable for the actions, content, information or data of third parties.
8.4. Eurotrol shall not be liable for any damages of any nature resulting from the access to or use of (or inability to use) the Websites or Information, including damages caused by malware, viruses, incorrectness or incompleteness of the Websites or Information, whether considered direct damages or indirect or consequential damages, such as (but not limited to) loss of revenue, loss of profit, loss of or corruption of data, loss of goodwill,
8.5. The limitations and exclusions of liability set out in these Terms of Use shall not apply if and to the extent such liability may not be excluded or limited under mandatory applicable law.
9.1. These Terms of Use and the relationship between Eurotrol and User, is exclusively governed by Dutch law.
9.2. Any dispute arising out of or in connection with these Terms of Use will be brought exclusively to the competent court of Arnhem, The Netherlands.
10.1. If any provision of these Terms of Use is held to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in force. The invalid or unenforceable provision will be replaced by a valid, enforceable provision that most closely matches the intent of the original provision.
10.2. Eurotrol may assign its rights and obligations under these Terms of Use. These Terms of Use will inure to the benefit of Eurotrol’s successors and assigns.
10.3 If Eurotrol fails to enforce any provision of these Terms of Use, it will not be considered a waiver as to any future action Eurotrol may take.
Version: March 2025