Dear visitor,

please read these terms and conditions carefully before you start to use LifeTaq-Analytics GmbH’s website. In addition to our Privacy Policy, these terms and conditions apply to and govern your use of the website.

1. About LifeTaq

https://lifetaq.com (website) is operated by LifeTaq-Analytics GmbH (LifeTaq, we, us or our). We are a company registered in 3430 Tulln, Austria under registration number FN 466223 y.

2. Posted Information & Disclaimer

Materials uploaded or posted on our website are provided for general information purposes only. LifeTaq does not claim the data to be professional advice and shall not be relied upon as such. We exclude all liability for loss or damage directly or indirectly arising from use of our website.

3. General Scope

The terms and conditions apply to the entire business relationship between our client and us regarding all offered products and services as well as the usage of website. They also apply to any future contractual relationships even if the terms and conditions are not expressly referred to in new contracts. We may modify or alternate these terms and conditions. Any conflicting terms and conditions on the part of our customer shall be invalid unless they have been explicitly accepted in writing (including signatures) by us. LifeTaq shall not be required to object to any terms and conditions of our clients. By entering into an agreement based on the terms and conditions, the client agrees to the applicability thereof in respect of future agreements, even if this is not expressly stated. The client agrees on LifeTaq’s Terms and Conditions by submitting a signed quote.

4. Intellectual Property

LifeTaq is the owner or the licensee of all intellectual property rights in our website. If not expressly stated in a quote, the client is not granted ownership of any intellectual property rights or any other rights or licenses. All such rights are reserved. It is permitted to copy or download content of pages from our website for personal reference only. Unless expressly permitted by LifeTaq, you must not copy, modify, distribute all or any part of our website. Further it is prohibited to access all or any part of our website in order to build a product or service which competes with LifeTaq or to commercially exploit our website.

5. Conclusion of the Agreement

To conclude an agreement with LifeTaq a person must be at least 18 years of age, shall not be limited in its legal capacity and/or shall be authorized to conclude legal transactions on behalf of the Purchaser. All products and services represent an offer without any binding commitment for LifeTaq to provide the products or services to the client. The client makes a binding offer to LifeTaq by placing an order of products or services (or by signing a quote) agree on the purchase. LifeTaq may accept the client’s binding order within three working days by sending a confirmation E-mail. In general, we never accept terms and conditions of our clients. If we do not respond within five working days, the offer expires and is considered as refused. It shall not be required to write an explicit refusal by LifeTaq by E-mail or in any other form.

6. Packaging and Delivery

The delivery conditions shall apply according to the quote. The client shall bear all cost related to shipment, packaging as well as imports or customs fees related to the delivery of the ordered goods. If the client wishes to employ its own delivery company, LifeTaq will not charge any delivery fees and shall provide products ex works. The client may employ an insurance for the transport of the goods. Any potential damages due to transport must be notified to the delivery company directly upon receiving.

7. Delivery Date

Provided LifeTaq’s products (including products that are necessary for services) are on stock, we shall deliver all products and services at the earliest opportunity and make reasonable commercial efforts to achieve this goal. After placing an order or signing a quote, the client will be informed by email within twenty-four hours, if products or services are not available. LifeTaq shall deliver ordered products or carry out services, unless specific import or export regulations, sanctions etc. conflict with it. LifeTaq shall not be liable for any damages and/or inconveniences our client may witness, if the delivery of products or carrying out of services is impossible and/or delayed caused by a problem with a pre-supplier.

8. Quotes and Payment

LifeTaq indicates all prices for its products and services in Euro (EUR) and does not include Austrian value-added tax (VAT) of 20 %, if applicable. If the client wishes to receive an invoice in different currency than EUR, LifeTaq is permitted to convert the foreign currency into EUR based on the official currency rates, which are calculated by LifeTaq according to the actual expense rates upon the date of the invoice. We shall inform the client by email before we issue the invoice. In case of an adjustment of the prices, only offers and quotes already submitted to the client shall be taken into consideration. LifeTaq does not include packaging and shipment costs in its prices. Transport insurances will only be arranged if the client actively expresses it. LifeTaq will inform the client in advance if the shipment costs are higher than originally stated and shall make adjustments to these costs. In case of a late payment, LifeTaq is entitled to charge interests on overdue payments at a rate of eight percent above the applicable prime interest rate on the due date. The payment of such interest shall not foreclose LifeTaq from exercising any other rights it may have as a consequence of the lateness of any payment.

9. Ownership Rights

All sold products and services are the property of LifeTaq and will only change the owner after fulfillment of the agreed payment. If the client does not pay the sum stated in a quote, an invoice of a similar document, we are entitled to demand the return of the project or service respectively. The client is obligated to return the product or service within 14 days at its own expense including shipment cost as well as any other potential expenses. In addition, in this case LifeTaq does not rescind the quote unless we expressly state it in a written message (email is sufficient). However, if we decide to rescind, LifeTaq is entitled to a penalty of 15% of the products and/or service value as a redemption for our losses. At all times, LifeTaq does not waive any possible contractual or legal remedies.

10. Delivery of specific products

LifeTaq offers specific product lines (e.g. Oli-CELL) that require certain handling. In this case the client must agree to Material Transfer Agreement prior to shipment in order to accept the delivery method.

11. Warranty

LifeTaq shall warrant that living cell products (e.g. Oli-CELL) are delivered in a viable state. The client may act on it own risk and modify our product design specifications, but lose all warranty claims by doing so. If the client sticks to the product design specifications, LifeTaq assumes the guarantee for viability of the cells upon arrival for a period of 30 days. Further, we warrant that all cell culture reagents meet these product design specifications. As long as they were designed for 3D cell culture usage in combination with a specific living cell product, the materials and/or reagents will lead to a proper cell growth. In case of a violation, LifeTaq shall offer the client a reasonable discount on the product or replace it. This warranty shall only apply as long as the client acted according to the product design specifications delivered to the client together with the product. If the client wishes to obtain remedy, a written report of the lack of viability of cell products or the wrong specifications of other products must be sent to LifeTaq-Analytics GmbH GmbH, Technopark 1, Objekt C, 3430 Tulln, Austria (email: info@lifetaq.com) within 30 days after receiving of the product. We state expiration dates on all our products, but do not offer a warranty over that time period. LifeTaq does not guarantee that its products and/or services may not infringe any proprietary rights, patents or other rights of any kind if applicable. Thus, the client bears the responsibility for obtaining licenses for intellectual property, which may be necessary due to the possession and use of materials from LifeTaq.

12. Liability

We shall never be liable for any use of our reagent and/or materials by the client or investigators or any of his employees connected to the Material Transfer Agreement, if applicable, in terms of any use, storage, disposition or handling of our products. Further, LifeTaq shall never be liable for any passive or indirect damage in connection with the Material Transfer Agreement, even if we were aware of the risk of such faults. Any claims for defective materials or similar things must be reported without delay and prescribe six months after the damages could have been detected of otherwise known to the client. Aggregated liabilities are limited to 50% of all payments during a year period. Additionally, LifeTaq’s liability is limited to claims in cases of gross negligence, where the aggregate liability for these claims will be limited to 75% of the aggregate amount transferred in connection with the respective quote. Other exceptions are special applicable laws that are compulsory and excludes any limitation as well as claims arising from willful or intentional misconduct or breach by LifeTaq. In case of a slight negligence, we shall never be liable for any damaged products or materials.

13. Compensation and Indemnification

Our clients shall defend and indemnify LifeTaq and all people directly or indirectly connected to us. This includes all demands, proceedings, claims, liabilities as well as legal expenses, caused by abuse, wrong storage, mishandling or disposition issues of our products and materials. The only exception is willful misconduct or gross negligence by LifeTaq.

14. Data Protection, Data Security and Data Privacy

In Austria and Europe several important regulations must be followed:

• EU General Data Protection Regulation
• Data Protection Act 2000
• Data Protection Amendment Act 2018

LifeTaq stores, processes and shares client’s data only based on these legal regulations. We use protective measures in order to keep all personal data save. Our clients shall be informed about the personal data we recorded without delay, if they request it. Subsequently, the data may be corrected, updated or deleted, if there is no obligational storage mandatory.

For more information see our Privacy Policy on our website www.lifetaq.com.

15. Newsletter

We update our clients regularly about our products and services. In order to do so, we occasionally send emails in form of a newsletter to clients, who hereby agrees to receive them. All receiving parties have the option to cancel the subscription anytime by clicking a button on the bottom of the newsletter stating “Unsubscribe”. LifeTaq processes, collects and stores data for marketing reasons. If any party disagrees with the utilization of its data by us, they may object anytime, and we will adjust or delete their data according to their request. Please refer to the following email address for these purposes: info@lifetaq.com. We use email service providers for managing and sending our newsletters. All these companies are bound to the applicable data protection regulations as well.

16. Force Majeure

LifeTaq shall never be held liable for any decrease or delay in performing any action if caused indirectly or directly by force majeure. In case of any force majeure interfering with our duties we will contact the client including information about the date, the nature and the expected duration of the force majeure and will try our best to stick to agreements and time plans.

17. Governing Law and Jurisdiction

We choose the competent commercial court of Vienna to have jurisdiction over all disputes.

18. Copyright

All images, pictures, photos and texts presented on our website are subject to the copyright law. No content of our website may be copied or used without our written consent. All rights are reserved.