TERMS AND CONDITIONS
FOR BUYERS

Terms of Use

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Please read these terms carefully before using Celebrain Services. By using Celebrain Services, you agree to be bound by these terms. We offer a wide range of Services and additional terms may apply from time to time. In addition, each time you use any Celebrain Service, you are also subject to the general terms and conditions and the specific terms applicable to such Celebrain Services (the "General Service Terms"). The General Service Terms will prevail over these Terms of Use in the event of any conflict between the two.

 

1. Electronic Communications

Whenever you use a Celebrain Service or send us an email, text message (SMS) or any other communication from your computer or mobile device, you are communicating with us electronically. We will communicate with you electronically by a variety of means, including by email, text message (SMS), in-app notifications, or by posting email messages or communications on the website or through any other Celebrain Service, such as our messaging service. For purposes of this Agreement, you agree that all agreements, notices and other communications that we provide to you electronically satisfy any written form requirements, unless any applicable law requires a different form of communication.

2. Go Celebrain S.A.'s Rights in User Material

If you send any communication or material to the Site, by email or otherwise, that includes any comments, information, questions, suggestions or the like, you should remember that such communications are and will be treated as non-confidential. You hereby waive your right to make any claims regarding the use of such material, regardless of whether it violates any of your rights, including your moral rights, rights of privacy, property, publicity, credit for materials or ideas, or any other right, including the right to approve the way in which gocelebrain.com uses such material. All material submitted to this page may be adapted, broadcast, changed, copied, disclosed, licensed, exercised, sent, published, sold, transmitted or used by gocelebrain.com anywhere in the world, through any means and at any time.

In the event that the company's staff detects any anomaly in orders generated through this page, the customer will be asked for the necessary documentation to validate the veracity of the data of the person making the purchase. This documentation includes an identity card, legal or residence card, card with which the purchase was made, proof of deposit by transfer made. In the latter, the identification document must match the name on the card or deposit.

 

3. Material Distributed

Internet transmissions are never completely private or secure. You understand that any message or information you send to this site may be read or intercepted by others unless there is a special notice that a specific message (for example, credit card information) will be encrypted (in code). Sending a message to gocelebrain.com does not imply any special responsibility of gocelebrain.com towards you. The rights to the content of this website belong to gocelebrain.com and its suppliers. Accordingly, gocelebrain.com reserves all rights. Copying part or all of the content of this website is prohibited without the express permission of gocelebrain.com, except in the following cases: if you may print or download excerpts of the printed text on this website for your personal use, provided that it is not incorporated into any other work or publication. If extracts can be collected from individual third parties for your own private use

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4. Colors and photographs

At www.gocelebrain.com we have made our best effort to show the colors of the products that appear on our site as accurately as possible. However, since the colors that the user sees depend on your monitor, we cannot guarantee that the colors shown on the screen are exact. All photographs have been taken in order to best represent the characteristics of each product, so the accessories used to decorate the products are not included and are not part of it. Please read the description of each product carefully.

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5. Contests, promotions and/or discount coupons (cards, coupons, etc.)

This page may contain contests, promotions and/or discount coupons that require the submission of material or information about yourself or offer prices. Each contest, promotion and/or discount coupons has its own rules and terms, which you must read and accept before purchasing them.

6. Recommendations and personalization

As part of the Celebrain Service, we will recommend features, products and services, including third-party advertisements, that may be of interest to you, identify your preferences and personalize your experience.

7. Copyright, intellectual property rights and database rights

All content hosted or made available on any of the Celebrain Services, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations are the property of Celebrain or its content suppliers and are protected by the laws of Costa Rica and the European Union, as well as by international legislation on intellectual property rights, copyright and database rights. All content hosted on or made available through any Celebrain Service is the exclusive property of Celebrain, and is protected by Costa Rican and international intellectual property and database rights laws.

You may not systematically extract or re-utilize any portion of the content from any Celebrain Service without our express written consent. In particular, you may not use any data mining tools or robots to extract (whether once or many times) substantial portions of the Celebrain Service for re-utilization without our express written consent. You may also not create or publish your own databases containing substantial portions of any Celebrain Service (for example, our product listings and price lists) without our express written consent.

You agree to follow all guidelines contained on gocelebrain.com limiting use of content. There are various proprietary logos, service marks and trademarks on this page. By making them available to you on this page, gocelebrain.com is not authorizing you to use these proprietary logos, service marks or trademarks. Any unauthorized use of the content may violate copyright laws, trademark laws, the laws of privacy and publicity, and criminal and civil statutes. You may download one (1) copy of the content solely for your personal, home use, unless otherwise specified on the subpage on which it is located. If you download any content from this page, you are prohibited from removing any copyright or trademark notices or any other notices contained therein.

8. Trademarks

Celebrain is a registered trademark, therefore protected, additionally, the graphics, logos, page headers, button icons, scripts and service names included in or available through the Celebrain Services are trademarks or trade dress of Celebrain. Celebrain's trademarks and trade dress may not be used in connection with any product or service that is not Celebrain's, in any manner that is likely to cause confusion among users, or in any manner that disparages or discredits Celebrain. All other trademarks not owned by Celebrain that appear on or are available through the Celebrain Services are the property of their respective owners, who may or may not be affiliated or connected in any way with Celebrain, or sponsored by Celebrain.

9. Patents

If you are the owner of any patents or additional intellectual property, you will be informed and any copying or plagiarism of such information is strictly prohibited.

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10. License and Access

Subject to your compliance with these Terms of Use and the applicable Terms of Service and payment of any applicable fees, Celebrain or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Celebrain Services for your personal, non-commercial purposes. This license does not include any right to resell or commercially use the Celebrain Services or its content, or any right to compile or use any product listings, descriptions, or prices, or to make any derivative use of the Celebrain Services or its content, or to download or copy any account information for the benefit of another company, or to use any data mining, robots, or similar data gathering and extraction tools.

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Celebrain and its licensors, suppliers, publishers, rights holders, or other content providers reserve any rights not expressly granted in these Terms of Use or the General Terms of Services.

You may not reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes whatsoever, in each case without our prior written consent.

You may not use framing techniques to enclose any trademark, logo, or other copyrighted information (including images, text, page layout, or form) of Celebrain without our prior written consent. You may not use meta tags or any other "hidden text" utilizing Celebrain's names or trademarks without our prior written consent.

Please use Celebrain's Services appropriately. You are only permitted to use the Celebrain Services in a lawful manner. Any breach by you of these Terms of Use or the General Terms of Service will terminate the permission or license granted by Celebrain.

11. Your Account

In order to use some of the Celebrain Services, you may be required to be registered with your Celebrain account and to have a valid payment method associated with that account. If there is a problem charging the payment method you have selected, we may charge any other valid payment method associated with your account.

When using the Celebrain Services, you are responsible for maintaining the confidentiality of your account information and password and for restricting access to your computer and devices. To the extent permitted by applicable law, you agree to accept responsibility for all activities that occur from your account or using your password. You must take all reasonable steps to ensure and safeguard the confidentiality of your password and you must inform us immediately if you have reason to believe that your password has been disclosed to a third party or has been used in an unauthorised manner or is likely to be compromised. It is your responsibility to ensure that the details you provide to us are correct and complete and you must inform us immediately if any changes occur to the details you have provided to us.

You may not use any Celebrain Service: (i) in any way that causes, or may cause, damage or impairment to any Celebrain Service or interruption of access to it; or (ii) for any fraudulent purpose, or for the purpose of committing any criminal offence or other unlawful activity of any kind; or (iii) to cause any annoyance, inconvenience or anxiety to any third party.

We reserve the right to deny access to the service, terminate any accounts, and remove or edit any content if you violate any applicable law, these Terms of Use, or any other applicable terms and conditions or policies.

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12. Opinions, comments, communications and other content

Users may post their opinions and comments as well as publish other content, send communications, suggestions, ideas, comments, questions or other information, provided that the content thereof is not illegal, obscene, abusive, constitutes a threat or defamation, or invades the privacy of third parties, infringes intellectual property rights or is otherwise offensive to third parties or objectionable, and does not consist of or contain computer viruses, political propaganda or advertising content, chain letters, mass mailings or constitute any other type of "spam." The use of false email addresses, impersonating another person or entity, or otherwise falsifying the origin of any other content is not permitted.

If you post reviews, comments, questions or answers, or other content created by you for publication on the website (including images, video or audio, collectively, "content"), you grant us: (a) a non-exclusive, royalty-free license to use, reproduce, publish, make available, translate and modify your content worldwide (including the right to sublicense those rights to others); and (b) the right to use the name you provide in connection with such content. This provision does not transfer any moral rights.

You may choose not to make your content public or, where available, change your preferences so that only those to whom you grant access can view your content.

You represent and warrant that you own or otherwise control all of the rights to the content that you may post, and you further represent and warrant that as of the date you submit such content: (i) such content and material is accurate; and that (ii) your use of such content or material will not violate any applicable Celebrain policies or guidelines and will not cause injury to any person or entity (including, without limitation, that such content or material is not defamatory). You agree to indemnify Celebrain against any claims brought by any third party against Celebrain arising out of or in connection with such content and materials, except to the extent such liability arises from our failure to properly remove such content and materials.

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13. Intellectual Property Claims

Celebrain respects the intellectual property of others.

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14. General Terms and Conditions for Celebrain Software

Any software, including any updates, upgrades, and other documentation related to such software, that we make available to you at any time in connection with the Celebrain Services (the "Celebrain Software") is subject to these Terms of Use and Sale.

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15. Other Businesses

In addition to Celebrain, third parties operate stores, offer their services, or sell product lines through this website. Additionally, we provide links to the websites of its group companies and other businesses. We are not responsible for examining or rating, and do not in any way endorse, the offerings of any such businesses or individuals, or the content hosted on their respective websites. We assume no responsibility for the actions, products, and content of any such businesses or individuals or any other third parties. You will always be informed if a third party is involved in your transaction and we may share any information regarding your transaction with such third party. We suggest you carefully review the privacy statements and other terms of use of such third parties.

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16. Celebrain's role

Celebrain allows third party sellers to offer and sell their products on gocelebrain.com. The details page for these products will contain the relevant information if they are offered by third party sellers. Although Celebrain facilitates transactions through Celebrain Marketplace, Celebrain is neither the buyer nor the seller of products offered by third party sellers. Celebrain simply provides a space where buyers and sellers can negotiate and carry out their transactions. Therefore, the corresponding contract that is generated once the purchase of any product sold by a third party seller has been made concerns only and exclusively the buyer and the seller of said product. Celebrain is not a party to that contract, does not assume any responsibility related to it, nor does it act as an agent of the seller. The seller is responsible for the sale of its products, as well as for offering assistance regarding the buyer's claims, or with respect to any matter related to said contract between the buyer and seller.

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17. Our liability

We will use our best endeavours to ensure the uninterrupted availability of the Celebrain Services and the error-free transmission of any information. However, due to the nature of the Internet, such a guarantee cannot be made. In addition, your access to the Celebrain Services may occasionally be suspended or restricted for the purposes of carrying out repair or maintenance work or the introduction of new products or services. We will endeavour to limit the frequency and duration of such suspensions or restrictions.

Celebrain shall not be liable for (i) any loss which was not caused by any breach on its part, (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential loss which was not reasonably foreseeable to both parties at the time you began using the Celebrain Services. We will also not be liable for any delay or failure to perform our obligations under these terms and conditions if such delay or failure is caused by circumstances beyond our reasonable control. This provision does not affect your right to receive the relevant product or service within a reasonable time, or to receive a refund if we are unable to supply such products or services within a reasonable time for any reason beyond our reasonable control.

Nothing in these terms and conditions limits or excludes our liability for fraudulent misrepresentation, death or personal injury caused by our negligence or wilful misconduct.

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18. Applicable law

These conditions shall be governed by and construed in accordance with the laws of the Republic of Costa Rica with application of the United Nations Convention on Contracts for the International Sale of Goods. If you are a consumer and have your habitual residence in the European Union, you will also have the protection that may be offered to you by any mandatory provision of the legislation of your country of residence. We both agree to submit to the non-exclusive jurisdiction of the courts of Costa Rica, which means that you may assert your rights as a consumer in relation to these Terms of Use both in Costa Rica and in your Member State of residence in the European Union.

19. Modification of the Service or Variation of the Conditions

We reserve the right to make changes to the Celebrain Services, our policies and our terms and conditions, including these Terms of Use and the General Conditions of the Services, at any time. You will be subject to the terms and conditions, policies, Conditions of Use and General Conditions of the Services in force on the date you use the Celebrain Services. If any of these Terms of Use or the General Conditions of the Services were declared invalid, void or for any reason ineffective, said condition will be deemed excluded without such declaration affecting the validity or enforceability of the remaining conditions.

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20. Waiver

If you breach these Terms of Use, and even if we may choose not to exercise any rights available to us at that time, we may exercise those rights and remedies on any other occasion where you breach these Terms of Use again.

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21. Minors

We do not sell products to minors. The children's products we sell must be purchased by adults. Minors under the age of 18 may only use the Celebrain Services under the supervision of a parent or guardian.

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22. Our information

Information about Go Celebrain S.A

Go Celebrain Sociedad Anónima

Legal ID: 3-101-798429

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Notice regarding sales offers from third-party sellers: Please note that sales offers from third-party sellers are merely hosted on Celebrain.com and are included exclusively upon indication and at the request of the third-party sellers, whose contact details are listed in the respective "Seller Information" section, accessible through any of such offers.

Important notice: Providing false, misleading or incorrect information in the Notice Form may give rise to both civil and criminal liability. If you have any questions about this, we recommend that you consult with your legal advisor.

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Additional Terms of Use for Celebrain Software

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1. Use of Celebrain Software.

You may use the Celebrain Software solely for the purpose of using and enjoying the Celebrain Services provided to you by Celebrain, as permitted by the Terms of Use, these Software Terms of Use, and the General Terms of Services. You may not separate any individual components of the Celebrain Software for use in your own programs or compile any part of it together with your programs, or transfer it for use in conjunction with another service, and you may not sell, rent, lease, loan, distribute, sublicense or otherwise assign any rights to the Celebrain Software, whether in whole or in part. You may not use the Celebrain Software for any unlawful use. We may terminate the provision of the Celebrain Software and deny you the right to use the Celebrain Software at any time. If you breach these Software Terms of Use, the Celebrain Terms of Use, and any other General Terms of Services, your rights to use the Celebrain Software will cease without notice. There are additional terms contained in or distributed with the Celebrain Software, as specified in the related documentation, that apply to the Celebrain Software (or software incorporated into the Celebrain Software) and that will prevail over your use of such software in the event of a conflict with these Software Terms of Use. All software used by the Celebrain Services is the property of Go Celebrain S.A. or its software content suppliers and is protected by Luxembourg and international intellectual property laws.

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2. Use of third-party services.

When using the Celebrain Software, you may also be using one or more third-party services, such as data services from a carrier or mobile platform provider through the use of wireless networks. Your use of such third-party services may be subject to additional policies, terms of use, and applicable fees.

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3. No reverse engineering.

You are not permitted, nor may you encourage, assist or authorize any other person to, copy, reverse engineer, decompile or disassemble, or otherwise tamper with the Celebrain Software, whether in whole or in part, or create derivative works from or on the Celebrain Software.

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4. Automatic Updates.

In order to keep your Celebrain Software up to date, we may, without prior notice, offer you occasional automatic or manual updates.

Terms of Purchase

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These terms apply to the purchase of products on the Celebrain S.A. platform. In addition, each time you use any current or future gocelebrain.com service, you will also be subject to the general terms and conditions and the specific conditions applicable to that service (the "General Conditions"). These General Conditions will prevail over these Conditions of Sale in the event of a discrepancy between them. Please read these terms carefully before placing your order with Celebrain S.A. By placing your order with Go Celebrain SA, you agree to be bound by these terms.

 

1. Our Contract

When you place your order, we will send you a message confirming receipt of your order. If you are using certain Celebrain Services (e.g. Celebrain mobile applications), your order confirmation may be posted on the Website Messaging Service. We will also inform you about the shipment of your products. You may, however, modify your order before the order enters the shipping process.

 

2. Invoices

You agree to receive electronic invoices for your purchases if you request this when making your purchase.

3. Quantities:

We only sell products in quantities corresponding to the typical needs of an average household. This applies both to the number of products ordered in one order and to the case where the customer chooses to place several orders of the same product and these individual orders comprise the typical quantities necessary to cover the needs of an average household.

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4. Prices and availability

All legally applicable taxes (VAT) will be added to all prices.

We include information on the website about the availability of the products we sell, detailing it on the information page of each of the products. It is not possible for us to offer more precise information about the availability of a product, beyond what we show on the product information page or in other parts of the website. When processing your order, we will inform you as soon as possible by email or by posting a message on the Website Messaging Service if any of the products included in your order are not available. In such event, we will not charge you any amount for that product.

Please note that in some cases it is not possible for us to confirm a specific delivery date when you place your order. In these cases, we will provide you with our best estimate, usually indicating a range of days. In addition, you can check the status of your order at any time through the My Account section of the website or by contacting our Customer Service. In all cases, delivery will be made within a maximum period of 30 days from the placing of your order, unless otherwise agreed.

The prices shown on this page are exclusively for purchases on gocelebrain.com and may change without notice. The prices presented on gocelebrain.com include all sales taxes.

Celebrain may add, change, discontinue, remove or suspend any content included on this Page, including the prices, features and specifications of products described or represented on the Page, temporarily or permanently, at any time, without prior notice and without any liability.

5. About payment

To purchase on our platform, the customer may do so by credit or debit card; American Express cards are not accepted. Miles and points cannot be used as payment methods.

6. Data

Our customers' data is confidential and is well protected through the secure Cybersource platform of Banco Promerica, the payment gateway used by our platform.

Celebrain is not responsible for the handling and use of stolen credit and/or debit cards because our portal cannot deny the sale when the issuing bank has authorized the transaction and the data registered in our sales system matches the data in the registry.

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7. Product Information

Unless otherwise expressly stated, Celebrain is not the manufacturer of the products sold on the website. While we strive to ensure that the information on our website is correct, occasionally product packaging and materials may contain additional or different information than that shown on our website. Components may also change. We recommend that you do not stop at reading only the information available on our website but that you also carefully read the labeling, warnings and instructions accompanying the product before use.

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8. Our liability

Neither gocelebrain.com nor its group companies shall be liable for (i) any loss which is not caused by any breach on its part, (ii) any business loss (including loss of profits, revenue, contracts, anticipated savings, data, goodwill or wasted expenditure), or (iii) any indirect or consequential loss which was not reasonably foreseeable to both parties at the time the contract for the sale of the products between us was formed.

Nothing in these terms limits or excludes our liability for fraudulent misrepresentation, or for death or personal injury caused by our negligence or wilful misconduct.

Celebrain shall not be liable for any delay or failure to perform its obligations under these terms if such delay or failure is caused by circumstances beyond our reasonable control. This provision does not affect your right to receive the product within a reasonable time. If the delay occurs before the product is sent, Celebrain will not charge you any amount for said product until it is sent to you, in which case you may cancel the order at any time prior to said shipment.

The terms and conditions of the guarantee that Celebrain offers on its products vary depending on the person making the purchase: a "consumer" or another person who "acts for purposes that fall within the scope of his professional activity", in accordance with the provisions of Directive 1999/44/EC of the European Parliament and of the Council.

If you purchase the product in your capacity as a "consumer", you are entitled to the guarantee of conformity provided for in the legislation according to which the delivered good must be in accordance with the contract, and to which the seller is legally obliged (Legal Guarantee).

Celebrain will not be responsible for compliance with the obligations provided for in the Commercial Guarantee offered by third parties.

9. Applicable law

These conditions will be governed by and interpreted in accordance with the laws

of the Republic of Costa Rica), including the application of the United Nations Convention on Contracts for the International Sale of Goods. Both parties agree to submit to the non-exclusive jurisdiction of the courts of Costa Rica.

10. Modification of the conditions of sale

We reserve the right to make changes to our website, our policies and our terms and conditions, including these Conditions of Sale, at any time. You will be subject to the terms and conditions, policies and Conditions of Sale in force at the time you place your order, unless, by law or by request of public authority, a change must be made to said terms and conditions, policies or to these Conditions of Sale (in which case, such changes may be applicable to any orders you have previously placed). If any of these conditions were declared invalid, void or for any reason ineffective, said condition will be deemed excluded without such declaration affecting the validity or enforceability of the remaining conditions.

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11. Waiver

If you breach these Terms of Sale, even if Celebrain may not exercise any rights available to it at that time, Celebrain may exercise such rights and remedies on any other occasion where you breach these Terms of Sale.

12. Minors

We do not sell products to minors. The children's products we sell must be purchased by adults. Minors under the age of 18 may only use gocelebrain.com under the supervision of a parent or guardian.

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13. Prohibitions

None of the following actions are permitted:

· Restrict or inhibit other users from using the services of gocelebrain.com. Post or transmit any information that is unlawful, threatening, abusive, defamatory, libelous, obscene, vulgar, pornographic or discriminatory against persons based on their race, ethnic origin, nationality, religion, sex, sexual orientation, profession, social class, disability, illness or age.

· Post or transmit any material that contains viruses or other harmful components.

· Collect or attempt to collect any information about others, including IDs, passwords, accounts and private data.

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14. Our details

Our contact details are as follows:

Celebrain Sociedad Anónima

Legal ID: 3-101-798429

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15. Right of gocelebrain.com to change the terms and conditions of use of this page

Celebrain may add, change or remove any part of these Terms and Conditions of Use at any time, without prior notice. Any changes to these Terms and Conditions of Use or any requirements included on this Page will be applicable from the moment they are included on the Page.

If you continue to use this Page after the new changes have been introduced, it will be assumed that you accept these changes. Celebrain may add, change, discontinue, remove or suspend any Content included on this Page, including the prices, characteristics and specifications of products described or represented on the Page, temporarily or permanently, at any time, without prior notice and without any liability.

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16. General provisions

The set of these Terms and Conditions of use and any additional requirements included on this Page constitute the entire agreement between Celebrain and you regarding this page.

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17. User agreement

A legal agreement is established between any user and www.gocelebrain.com, it being understood that the client, before requesting any service through the site, has reviewed, understood and agreed to the terms set forth in the portal policies. In case of disagreement, the user must refrain from providing personal information, as well as from raising any commercial request.