Terms of Use

Introduction

These Terms of Service ("Terms") govern your use of the website located at https://abglab.com ("Website") and all related services provided by ABG Lab LLC, a New Jersey company, and its affiliates (collectively, the "Company", "us", or "we").

By accessing the Website, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with any part of these Terms, you must not access or use the Website.

Use of Our Website

You may use our website for legitimate purposes in a manner that does not infringe upon others' use and enjoyment of the site. The website and its content are intended for your personal or professional use, particularly if you are a licensed medical professional or aesthetic practitioner.

Products and Services

The Company offers various aesthetic and skincare products and services through its website. Such products and services are subject to the descriptions, limitations, and restrictions as set forth on the website.

Certain products offered by the Company are exclusively available to and intended for use by licensed medical professionals and qualified aesthetic practitioners. The Company reserves the right to require verification of professional credentials prior to the sale of such professional-use products and may refuse to sell such products to individuals who cannot provide satisfactory proof of their professional qualifications.

Professional Use Products

Products designated for professional use are intended solely for qualified medical professionals. By purchasing these products, you certify that you are a licensed medical professional authorized to use such products and will use them in accordance with proper medical practices and applicable regulations.

Clinicians' Portal

Description of Clinicians' Portal

The Clinicians' Portal allows Professionals to access additional pages of the Website free of charge, in order to:


(i) Join webinars; (ii) Check congresses where the Company is present; (iii) Verify the authenticity of products; (iv) Access additional information and content related to the Company's products.

Eligibility and Creation of Clinicians' Portal Access

Professional accounts are available exclusively to licensed medical professionals and aesthetic practitioners. To create a Clinicians' Portal access, you must complete the form available on the Website and provide the Company with complete and accurate information.

You agree to update your personal data (particularly email address) in case of any changes to maintain accuracy of such information.

You acknowledge and agree to be fully responsible for access to your Clinicians' Portal account. Under no circumstances shall the Company be held liable to you or third parties for any mistake, omission, or inaccuracy regarding any data you provided during the creation of your Clinicians' Portal account or its subsequent updating.

Login and Password

Upon creation of a Clinicians' Portal account, you will be provided with a login and password. These credentials are strictly personal. You must keep your login and password confidential and not transmit them to any third parties.

In the event of loss, theft, or any fraudulent activity regarding your login and password, it is your responsibility to inform the Company as soon as possible and to prove your identity by any means.

Upon receipt of your duly justified notification, the Company will send you an email allowing you to update your login and password, provided you keep them strictly confidential.

Verification and Account Inactivity

The Company reserves the right to verify your professional activity in the health sector, your personal data, and may suspend the Clinicians' Portal access in the event of non-compliance with these Terms, including providing false, inaccurate, or incomplete information.

In the event of total inactivity of the Clinicians' Portal account for a period of three (3) years from your last connection, the Company reserves the right to deactivate the Clinicians' Portal account and archive your personal data as set out in the Privacy Policy.

Intellectual Property

ABG Lab holds all intellectual property and/or royalty rights, including copyright protection for all content, brands, database content, and all other constituent parts of the Website.

The Website, and all software applications, database structures, text, information, analyses, images, photographs, charts, logos, sounds, brands, and all other data that constitute the Website, shall remain the exclusive property of ABG Lab or, if applicable, of their respective owners with whom ABG Lab has concluded a licensing agreement.

ABG Lab grants to Users a non-exclusive, personal, and non-transferable right to use the Website and all the original intellectual works and data contained therein. This right shall be accorded for private purposes only. No User may use the Website in any other way, notably for commercial reasons, without explicit, written authorization from ABG Lab; any unauthorized use shall be subject to legal sanctions.

Users undertake not to reproduce, download, sell, distribute, translate, adapt, use, publish, or communicate any or all of the original intellectual works or data published on this Website, for any commercial or non-commercial purpose, in any form whatsoever, except for private use.Prior written authorization must be obtained from ABG Lab before publishing any type of hypertext link to this Website. All such requests must be emailed to: privacy@abglab.com.

User Obligations and Warranties

Upon accessing the Website, you undertake and warrant to:


• Access and use the Website in good faith, reasonably, and in a manner that is not contrary to these Terms;
• Never use mechanisms or software other than those provided by ABG Lab intended to affect or attempt to affect the proper functioning of the Website, or extract, modify, consult (even in buffer or temporary memory), or for personal use, all or part of the Website;
• Never access and/or use the Website for unlawful purposes and/or with the intention of causing prejudice to ABG Lab's reputation and/or image and/or that of other Users, or more generally, violate any of ABG Lab's and/or third party's rights, including intellectual property rights;
• Not commercialize access to the Website directly or indirectly;
• Not reuse or operate all or part of the Website, particularly for commercial, collective, or personal purposes in any form and/or media that has not been authorized by ABG Lab;
• Not limit the access and use of the Website by others;
• Not modify, including in buffer or temporary memory, any mention or element on the Website;
• Ensure that your use of the Website does not affect or compromise the stability, security, and quality of the Website, networks, bandwidth, or ABG Lab's infrastructures for other Users and/or third parties;
• Not engage in any "hacking" activities or other unauthorized access.

In the event of non-compliance with any of these obligations, ABG Lab shall be entitled to unilaterally refuse or suspend, without prior notification, access to all or part of the Website and, as applicable, access to your Pro Access.


You are solely liable for the use that you make of the Website.

ABG Lab Liability and Accuracy of Information

ABG Lab shall make every possible effort to keep the content of the Website up to date. All product offerings promoted by ABG Lab on the Website shall remain valid for as long as they are presented on the Website, while stocks last.


ABG Lab cannot guarantee accurate or exhaustive information about products presented on the Website. We recommend that Users and Professionals refer to the specific product characteristics listed in each product description.


In the event of any obvious error in the price and/or characteristics of a product and its representation, you undertake to report the error to ABG Lab by email at: privacy@abglab.com.


The Website may include hypertext links to third-party websites and web-based resources. When inserting these links, ABG Lab has made best efforts to ensure that the websites and resources concerned do not contain any information that violates applicable laws.

Website Availability

Notwithstanding acts of God and other events that fall outside the Company's direct control, the Website should be available 24/7.

However, Website availability may temporarily be reduced or interrupted, in whole or in part, without prior notice and without any compensation being due to Users, notably for maintenance operations or upgrades implemented to optimize ongoing Website performance.

The Company makes no undertaking as regards the performance of the Website and may not be held liable for any shortcomings in this respect.

Electronic Signatures and Records

In accordance with N.J.S. §§ 12A:12-7 (Legal Recognition of Electronic Records, Electronic Signatures, and Electronic Contracts) and 15 U.S.C. § 7001 (Electronic Signatures in Global and National Commerce Act), a signature may not be denied legal effect solely for being in electronic form.

If a law requires a signature or record to be notarized, acknowledged, verified, or made under oath, the requirement is satisfied if the electronic signature of the person authorized to perform those acts, together with all other information required to be included by other applicable law, is attached to or logically associated with the signature or record.

Disclaimer of Warranties

Our website and products are provided on an "as is" and "as available" basis. The Company makes no representations or warranties of any kind, express or implied, regarding the operation of the website or the information, content, materials, or products included on it.

To the fullest extent permissible by applicable law, the Company disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

Limitation of Liability

ABG Lab shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages resulting from your use of or inability to use our website or products.

Indemnification

You agree to indemnify, defend, and hold harmless ABG Lab, its officers, directors, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms by you.

Privacy and Data Protection

Your use of the Website is also governed by the Company's Privacy Policy. By using the Website, you consent to the collection, processing, and storage of your data as described in the Privacy Policy.

Data Controller Information

For the purposes of the applicable data protection laws, the Company is the data controller for the processing of your personal data. As a data controller, the Company is responsible for determining the purposes and means of processing personal data.
Data Controller Information:


Name: ABG Lab LLC

Address: Fair Lawn, New Jersey, USA

Email: privacy@abglab.com

Phone: +1 (800) 682-5741

GDPR Compliance

For users in the European Union, the Company complies with the EU General Data Protection Regulation ("GDPR", Regulation (EU) 2016/679) and the UK General Data Protection Regulation ("UK-GDPR"). Under these regulations, the Company is a data "Controller."


In accordance with Articles 13 and 14 of the GDPR, the Company provides the following information:


• The Company collects and processes your personal data for the purposes specified in the Privacy Policy
• The legal basis for processing your data may include: your consent, the performance of a contract, compliance with legal obligations, or the Company's legitimate interests
• The Company retains your data for as long as necessary to fulfill the purposes for which it was collected
• You have the right to access, rectify, erase, restrict processing, object to processing, and data portability
• You have the right to withdraw consent at any timeYou have the right to lodge a complaint with a supervisory authority
• You may contact the Company's data protection representative at the email address above

International Data Transfer

Your personal data may be processed in the United States, where data protection regulations may differ from those in your country. By visiting the Website and using the service, you unequivocally and unambiguously consent to the collection and processing in the United States of any information collected or obtained by the Company through voluntary submissions and, to the extent possible, that U.S. law governs any such collection and processing.

General Provisions

Correspondence and Proof

Unless expressly stated herein, the correspondence exchanged between the Company and the User is mainly sent by email.

In accordance with N.J.S. §§ 12A:12-1 to 12A:12-26 (New Jersey Uniform Electronic Transactions Act), the User acknowledges and accepts that the information issued by the Company by email and/or by the Website shall prevail between the User and the Company. Elements such as the moment of receipt or issuance, and the quality of the data received shall prevail as mentioned on the aforementioned support mediums, or as authenticated by the Company's electronic procedures, unless written proof is provided to the contrary by the User.

Integrality of the Terms

These Terms express all of the obligations for ABG Lab and the User relating to their purpose. If one of the parties does not assert the non-compliance by the other party to any one of the obligations referred to herein, it may not be subsequently interpreted as a waiver of such obligation.

Severability

In the event that one or several of the provisions herein are considered invalid, void, or declared as such in accordance with a law, regulation, or following a final court decision with res judicata, the other provisions shall retain their full force and effect and shall remain fully applicable, unless the invalid provision(s) were of a substantial nature and accordingly their deletion would call into question the contractual equilibrium.

Changes to Terms

ABG Lab reserves the right to modify these Terms at any time without prior notice, in particular to consider any legal, jurisprudential, and/or technical developments. All amendments shall become effective as they go live and will apply to all Users.

Your continued use of the Website after having been informed of the modification of these Terms shall entail your acceptance of such modifications.

Governing Law and Dispute Resolution

These Terms are governed by and construed in accordance with the laws of the United States and the State of New Jersey, without regard to its conflict of law principles.
In the event of any dispute related to these Terms, their interpretation and consequences, or any addendums or modifications thereto, you shall meet with the Company to try and reach an amicable solution. Any complaint made to the Company must be made in writing.

Upon failure to reach an amicable settlement, you may:


• Have recourse to amicable mediation within a maximum period of one (1) year from your written complaint made to the Company by designating a mediator of your choosing, or
• Refer your claim to the competent courts in the State of New Jersey.
  


For Professional Users, in the event of a dispute relating to the Website, the interpretation, validity, and performance hereof, and upon failure by the parties to reach an amicable agreement, express jurisdiction is granted to the competent courts of the State of New Jersey, pursuant to N.J.S.A. 2A:23C-1 et seq. (New Jersey Uniform Mediation Act).

Contact Information

If you have any questions or concerns about this Privacy Policy or our privacy practices, please contact us by email at privacy@abglab.com or by phone at 018006825741.