Legal Notice and Terms of Use

1. Breath Biopsy VOC Atlas®

This website www.vocatlas.com which is operated by Owlstone Medical Limited (“we”, “us”, “our”) enables registered researchers to access Owlstone’s rich repository of breath-related VOCs and the context in which they have been found, known as Breath Biopsy VOC Atlas (hereinafter referred to as “Atlas”).

2. About Owlstone Medical®

We are a private limited company registered in England and Wales under company number 04955647 and have our registered office and main trading address at:

3. Acceptance of terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you keep a copy of these terms for future reference.

The following additional terms may also apply to your use of our site:

• Our Privacy Policy. See further under How we may use your personal information (below).
• Our Cookie Policy, which sets out information about the cookies on our site.

4. Atlas for genuine research community

Atlas is not designed or intended for the use by the general public or anyone without a genuine interest in science and research and genuine need for Atlas Data to help further research. Owlstone has moral, ethical and legal duties and responsibilities to the individuals from whom Atlas Data has been ultimately derived, as well as to the academic, research and other institutions and organisations which have enabled Owlstone to use the relevant data and study results for Atlas purposes. We expect your cooperation in ensuring that individual rights and freedoms continue to be protected and that Atlas Data is not accessed or used for purposes which are inconsistent with scientific research.

5. Access to Atlas Data by invitation

If you have received an invitation from us to create an Atlas account on this website, this invitation is personal to you only and it must not be passed onto someone else. If you are an Atlas account holder, your access to Atlas Data has been granted on the basis of your personal credentials and genuine interest in scientific research. If you know or suspect that anyone other than you knows your user log-in name or password, you must promptly notify us at privacy@owlstone.co.uk.

6. We may suspend your Atlas account

We reserve the right to suspend or cancel your Atlas account if we have a reason to believe or suspect that there has been any case of misuse, misappropriation, intellectual property infringement, fraudulent or any other illegal activity.

7. Prohibited use of our website

You may use our site only for lawful purposes. You may not use our site:

1. in any way that breaches any applicable local, national or international law or regulation;
2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
3. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
4. to make unauthorised attempts to access any of our systems or third party networks.

8. We may make changes to our site

You are expected to check these terms from time to time when visiting our website as we may update and change our site from time to time to reflect changes to any laws and regulations, our products, services, our users’ needs and our business priorities.

9. We may suspend or withdraw our site and Atlas Data

Our site and access to Atlas Data is currently made available free of charge. We do not guarantee that our site, or any content on it, will always be available, free of charge or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business, operational or legal reasons.

10. We may transfer this agreement to someone else

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

11. You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to or share with any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

12. We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

13. Linking to our site

You may link to our homepage only, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

The website in which you are linking must comply in all respects with the content standards set out in these terms.

If you wish to link to or make any use of content on our site other than that set out above, please contact us.

14. User-generated content is not approved by us

Atlas may include information and materials uploaded by other Atlas account holders. Any such information and materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

15. Raising queries

If you have any queries relating to content generated by other Atlas users, please contact us.

16. Disclaimer

We make no warranties, representations nor give any undertakings either express or implied about any of the content of this website or Atlas (including, without limitation, accuracy, completeness or fitness for any particular purpose of such content or that the results which may be obtained from the use of the website or atlas will be error free or reliable).

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice, or carry out your own independent research or clinical validation before taking, or refraining from, any action on the basis of the content on our site or Atlas. You agree that the use of information obtained or downloaded from or through this website or Atlas is at your sole risk.

Nothing on this website shall be deemed to constitute an invitation to invest or otherwise deal in shares or other securities in Owlstone Medical Limited.

17. Limitation of liability

To the fullest extent permitted by law, we and our Affiliates (as defined below) and third parties connected to us hereby expressly exclude:

1. all implied conditions, warranties, representations or other terms that may apply to our site or any content on it;
2. any liability for damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our site (including Atlas); or the use of or reliance on any content displayed on our site or as part of Atlas Data.

In particular, we will not be liable for:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

We do not seek to exclude or limit liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Any limitations and exclusions of liability arising as a result of the supply of any products or services to you by us, will be set out in applicable terms of business.

18. Indemnity

You agree to indemnify us and our Affiliates and keep us and our Affiliates fully and effectively indemnified in respect of all losses, costs (including legal and professional fees), damages, monies paid in settlement and other liabilities whatsoever, arising out of or in connection with a breach by you of any licence granted to you under these terms.

19. Intellectual property

The intellectual property rights in our website and copyright in all material published, stored, displayed and accessible on the website, and Atlas (or Atlas Data) in particular, is either owned by us or duly licensed from third parties. All such rights are reserved. You may not use or exploit the information or other contents stored, displayed or accessible on our website for any commercial purpose.

Any requests to use our logo or any content from Atlas (or any other intellectual property we own or is licensed to us) must be sent to: OwlLegal@owlstone.co.uk

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You must not use any part of the content on our site (including Atlas and Atlas Data) in any form for commercial purposes without obtaining a licence to do so from us or our licensors. All Owlstone names, logos and trademarks may not be used or reproduced without our prior written consent. No links to this website may be included in any other website without our prior written permission. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

20. Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in these terms.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Our rights to user uploaded material (below).

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in these terms.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

21. Content standards

These content standards apply to any and all material which you contribute to our site (contributions), and to any interactive services associated with it. Any contributions must be accurate (where they state facts) and be genuinely held (where they state opinions). Contributions must comply with applicable law in the UK and in any country from which they are posted. In the event of breach of this provision, we reserve the right to take appropriate action.

Your contributions must not:

• be defamatory of any person;
• contain any material which is obscene, offensive, hateful or inflammatory;
• promote sexually explicit material or violence;
• promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• infringe any copyright, database right or trade mark of any other person;
• be likely to deceive any person;
• be made in breach of any legal duty owed to a third party, such as a duty of confidence;
• promote any illegal activity;
• be threatening, abuse or invade another’s privacy, or cause annoyance or anxiety;
• be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
• give the impression that they emanate from us, if this is not the case; and/or
• advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.