Terms and Conditions

Please read RAID's GTC

Last Updated

May 7, 2021

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The following Terms of Use (hereinafter “Terms“) are to regulate the rights and obligations of El-CO Tech Ltd. (Address: 2100 Gödöllő, Repülőtéri út 11. Hungary; Tax ID: 10756056-2-13; Contact: email address: elcotech@elcotech.hu, registered at the Court of Pest County, under the company registration number 13 09 065450), service provider for electronic and measurement services (hereinafter “Company”); and private persons, as well as commercial, educational or governmental institution or organization (hereinafter “Client“; when together, referred to as “Parties“) who uses services offered on the https://raidproject.eu/ Internet site (hereinafter “Website”), operated by the Company.

  • 1.1 The Terms regulate the Parties’ rights and obligations in connection with the use of the Website; and the services offered by the Company on the Website; not including Consultancy (hereinafter “subject matter”).
  • 1.2 The services offered by the Company on the Website are the use of RAID method, a Veterinary decision support system. Our offered services include: (i) Mass-spectroscopic data evaluation services for partner laboratories (“Services for partner laboratories”), (ii) measurement services and providing bacterial infection prediction of samples send to our laboratory (“Laboratory Measurement”), (iii) on-site measurement services and providing bacterial infection prediction of samples measured on-site in our mobile laboratory (“On-site Measurement”). The Consultancy Services provided by the Company are subject to a separate agreement between the Company and the Client.
  • 1.3 The Terms are an absolute and complete understanding between the Parties on the subject matter and supersede all prior agreements and understandings in relation to it. Any deviation from the Terms shall be valid only if approved by the Company in writing. Unless otherwise agreed in writing the Client’s terms and/or conditions shall not be applicable to the subject matter.
  • 1.4 The Company reserves the right to amend these Terms any time at its sole discretion. The amended version becomes effective immediately upon posting. The Company inform the Client about modification two weeks before it becomes effective. It is the Client’s responsibility to review the Terms and the services offered on the Website prior to each use. By continuing, the Client agrees to any changes.
  • 2.1 By accessing and using the Website, the Client agrees to be bound by these Terms. Using the Website and performing a search require registration by the Client.
  • 2.2 Should the Client wish to use our services via the Website, must purchase the chosen services. It can only do so by completing a registration step-by-step using the “Registration” page. During the registration process, the Client will be asked to specifically agree to these Terms, as well as the terms and conditions of the Company’s Privacy Policy (also available on the Website as a separate document).
  • 2.3 By registering, the Client confirms that under applicable law, it is legally competent and capable to enter into a contract with respect to the acceptance of these Terms; and that all necessary steps have been taken to enable it to be lawfully bound by these Terms.
  • 2.4 The Company is entitled to refuse any application for registration and to revoke or restrict the Client’s access to the Website at its sole discretion.
  • 2.5 The Client may not select or use a username under which another person has rights without such person’s authorization, neither can the Client register under a username that the Company deems offensive. It is the Client’s responsibility to maintain the confidentiality of its password and to restrict access to it by unauthorized persons. All damages resulting from the loss of the Client’s password, as well as from its use by unauthorized persons are the responsibility of the Client.
  • 2.6 The Client shall notify the Company of any changes in its data held in the Company’s database.
  • 2.7 The Client must not use the Website or the services offered on it in a manner that is or has ever been the subject to any potential or actual legal proceedings or other similar complaint. The Website must not be used in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity. The Website must not be used for transmission or broadcasting of unsolicited commercial communications.
  • 2.8 The Client undertakes to refrain from any systematic or automated data collection (including but not limited to scraping, data mining, data extraction and data harvesting).
  • 2.9 The Client acknowledges that the Company own the intellectual property rights, which include rights relating to scientific works, inventions in all fields of human endeavour like patents, scientific discoveries, industrial designs, trademarks, service marks, commercial names, designations, and protection against unfair competition on the Website. In consideration of the above, the Client undertakes to refrain from disclosing, selling, renting, sub-licensing any material (including the search result of the Searching Services) from the Website to third parties. Downloading and printing pages from the Website are allowed for the Client’s own business purposes only. In particular, the Client acknowledge that the RAID method is protected by a patent family under the international Patent number WO2019077380A3, in Hungary protected by patent number HU1700422A1, in the EPO countries registered as EPO 18845472.2, in the USA as registered as US2021123085A1, in Indonesia registered as P00202003579. The RAID logo is protected by a Trademark in Hungary no. M19 02433/230 748.
  • 2.10 Content of the Website must not be edited or altered in any way.
  • 2.11 Failure to comply with Articles 2.4, 2.5, 2.6, 2.7 or 2.8 shall constitute a breach of these Terms, which may result in suspension or revocation of the Client’s access; and/or in blocking computers using the Client’s IP address for accessing the Website; or blocking Client’s access to the website. In the event of such a suspension revocation or blocking, the Client must refrain from any actions which aim to circumvent these measures.
  • 3.2 In order to buy the chosen Services, the Client shall select the desired Services from the Company. This request constitutes an invitation to treat.
  • 3.3 A request for a services can be placed electronically using the button of the selected service and subscribe. The request can be modified or cancelled via the webpage any time before payment. After payment via the webpage. the service can be cancelled or modified by the client within 24 hours by email.
  • 3.4 The Company can cancel the requested order within 3 working days via email, without any explanation or justification. In such a case, the full payment for the cancelled service should be transferred back to the client.
  • 3.5 The sample should be taken by the Client. Sampling is full responsibility of the Client.
  • 3.6 Should the Client fail to perform his or her payment obligations in time (e.g. payment, providing sample), the Company is entitled to withhold the measurement results (if measurement is already carried out) or to cancel the contract.
  • 3.7 In the event of due payment, the Company shall ensure proper supply of the services within a reasonable period of time. The time frame is specified by the Company in the purchase confirmation. The Company does all efforts to provide the services in due time, however, the company does not guarantee that the services will be made within that time frame.
  • 3.8 In case of defective performance or a difference between the purchased services and the ones delivered, the Company may either carry out again the services in question, or refund the amount received for them at its sole discretion. The Company shall notify the Client of its decision within a reasonable and expected time.
  • 3.9 The RAID measurement services detect bacterial infection with 99% accuracy for chicken tissue and organ samples (1 measurement result is different from standard results from 100 measurement made) as proved in a validation study against standard cultivation measurements. The sensitivity is 99% and the specificity is 98%. These results indicate that the bacterial infection predicted in the sample provided by the Client is correct at a high probability. However, the Company will not take full responsibility for the correctness of the measurement, because there is a statistical possibility of failure. The Company guarantees only that in case of large number of samples measured, the bacterial identification will be correct in almost all the samples, but it does not guarantee the specific result of one sample.

4.1. Services for partner laboratories

  • 4.1.1 The Client can purchase data evaluation services from the Website on timely base. In such a case, the Client has the right to send (up-load via the webpage) mass spectra measured by the Client.
  • 4.1.2 The sampling, and measurement is full responsibility of the Client. In case the spectrum file is damaged or not in the correct format, the Company is not obliged to provide prediction results.
  • 4.1.3 The mass spectrum should fulfill the following specification. It should be .zip file containing a spectrum is taken in the range of 50-2000 m/z. It should essentially contain 4 measurement types: 1 negative test ionization polarity in the range of 600-900 m/z, 1 positive test ionization polarity in the range of 600-900 m/z, 1 negative test ionization polarity in the range of 50-2000 m/z, 1 positive test ionization polarity in the range of 50-2000 m/z.

4.2 Measurement Services

  • 4.2.1 In case of measurement services, the sample is taken and shipped by the Client to Company. The sample should arrive to the Client laboratory at the time agreed by the parties via email or phone.
  • 4.2.2 In case of accidental loss or damage of the samples provided by the Clients, due to non-imputable reason to any of the Parties, the parties will arrange new measurement of the same kind, if possible. If not possible, the Company will reimburse the client after deducing already occurred necessary costs. In case the sample loss or damage is imputable to the Client, the Company is not obliged to make any reimbursement or carry out new measurement. In case the sample loss or damage is imputable to the Company, new measurement opportunity will be offered of the same kind by the Company.

4.3 On-site services

  • 4.3.1 Should the Client request on-site measurement service, the Company should contact the client within 3 working days via email or phone to arrange the on-site measurement details (place, time date). In the absence of such contact, the Client has the right to withdraw the request and get back the full payment made already. In case, the Company and the Client cannot agree on the time and date of the measurement within 3 working days because of any reason, the order will be cancelled and the payment made already should be transferred back to the Client.
  • 4.3.2 The client is responsible to prove the parking place for the RAID vehicle laboratory and provide access to necessary facilities. The sampling is responsibility of the Client in case of on-site measurements, too.
  • 5.1 The fees in the Company’s quote are shown in euro and include value added tax and other possible taxes imposed. In addition, the Company’s purchase confirmations and the Company’s quotes also contain the additional fees that may arise from the purchase.
  • 5.2 The Company reserves the right to determine the fees of the services.
  • 5.3 The Client shall pay the prices and all additional fees stated in the Company’s quote by bank transfer or merchant services (by debit or credit card) available on the Website. The Company’s current account and the deadline for payment are defined in the purchase confirmation or in the quote. The Client expresses its chosen payment method when placing the order or the request for a quote. The Company provides an electronic invoice for the purchase upon the acceptance of the order or the quote.
  • 6.1 The Company warrants to the Client that it is (or will be at the relevant time) entitled to sell the Products and that the Products are free of any charge or encumbrance. Therefore, the Client shall enjoy quiet possession of the services.
  • 6.2 The Company warrants to the Client that the purchased services meet their specification.
  • 6.3 The Company excludes all warranties relating to the Website itself.
  • 7.1 Restrictions of responsibilities included in this section can only be applied in the aspects of damages where the applicable law allowed such exclusions and restrictions at the time when such damage happened.
  • 7.2 Provisions stated in this section apply not only to the liabilities arising from the contract, but also to tort liabilities arising from the use of the Website or the services offered thereon.
  • 7.3 The Company is not liable for losses that cannot be connected or attributed to its behaviour; for any resulting financial loss (including but not limited to lost revenue, any loss of business or contracts, goodwill, income and anticipated savings), as well as losses that are due to the Customer’s non-compliance with its obligations.
  • 7.4 The Company cannot be held responsible if its attempt to fulfil the obligations under these Terms fails due to any reason outside of the scope of its operation (including but not limited to force majeure events), as well as in situations when the unforeseen and unavoidable behaviours of a third party – including shipping or courier services requested by the Company or its Internet service provider – result in such breach of obligations. In case of a force majeure event (including but not limited to natural disasters, fire, explosion, epidemic, ionising radiation, government action, legislative action, wars, military occupation, extraordinary conditions, declaration of martial law or emergency measures and its consequences, civil war, terrorist actions, uprising, revolution, insurrection, riot, hacker attacks, virus, power failures) the Company is entitled to suspend the performance of its obligations affected by the force majeure event until the force majeure event has ceased. The Company shall immediately notify the Client of such suspension, provided that it can be expected in the given situation.
  • 7.5 The Client shall indemnify the Company and hold it harmless for any claim, demand for loss, liability or damage, by whomsoever brought, arising from any breach by any of the Client’s obligations under these Terms.

7.6 Liability relating to the use of the Website

  • 7.6.1 It is the Client’s responsibility to ensure the safe operation of its computer and the data stored on it. The Company is not responsible for any damage arising from the usage of its Website – especially data loss and corruption – under any circumstances.
  • 7.6.2 The Client is liable for providing real, accurate, reasonably complete and not misleading information during the registration process. The Client undertakes responsibility to maintain and update this information on a continuous basis and to keep it real, accurate and reasonably complete. The Client shall suffer all the consequences of providing false, inaccurate, incomplete, misleading or outdated information.
  • 7.6.3 The Company is not liable for ensuring the availability, completeness, and accuracy of the Website, nor is it responsible for keeping the Website up-to-date.
  • 7.6.4 Third parties may provide links to other websites on the Website for the user’s information. The Company cannot control the contents of such websites; therefore it excludes its liability for them and for any loss or damage arising from their use.

7.7 Liability relating to the purchased Services

  • 7.7.1 The Company cannot be held responsible for any direct or indirect damages resulting from improper interpretation of measurement results (including the consideration of measurement accuracy see 3.9.) Due to the hazardousness of certain samples, and in recognition thereof, it is the Client’s responsibility to look into such hazards, psychological or toxicological properties, and take them into full consideration. This obligation applies before the sending of the sample. The Client bears responsibility for making sure that whoever comes in contact with the sample before the Company staff, is aware of the before mentioned hazards and properties. In particular, such hazards are noticeably highlighted on the shipping packages.
  • 7.7.2 The Company’s liability for purchased Services is limited to the price of the Services concerned.
  • 7.7.3 The Client is liable for acting in accordance with applicable laws ruling the import, export, distribution, sale, supply, delivery and the use of the purchased Products.
  • 8.1 Without prejudice to the Company’s other rights under these Terms, if the Client infringes any provision stipulated in these Terms the Company is entitled to bring an action against the Client for breach of these Terms.
  • 8.2 No waiver by the Company of any default of the Client under these Terms shall operate or be construed as a waiver of any future defaults, whether identical or different in character. No forbearance by the Company to the Client shall in any way release, discharge or otherwise affect the Client’s liability under these Terms. Any waiver of the rights under these Terms shall only be binding, if it is written and signed by the party waiving its rights.
  • 8.3 Transferring the Client’s rights and/or obligations under these Terms, such as assignment, charge, subcontracting shall be deemed void. The Client acknowledges that the Company has the right to transfer its rights and obligations under these Terms without limitation.
  • 8.4 If a provision of these Terms is or becomes void or unenforceable, the validity of the remaining provisions of the Terms shall not be affected.
  • 8.5 The commercial name “RAID” and its logo constitute the Company’s intellectual property. The Company does not authorize any Client to the use them, such use shall be deemed to be an infringement of the Company’s rights.
  • 8.6 Any communication between the parties pertaining to these Terms shall only be valid and effective in writing; and in the absence of provisions expressly to the contrary in this contract. In the absence of a provision expressly to the contrary in this contract or a separate written agreement between the parties, the Client shall send the communications addressed to the Company (including requests for information or filing a complaint) to the addresses or email addresses specified on the Website, under the “Contact” option.
  • 8.7 These Terms are governed by and construed according to the laws of Hungary, therefore, in matters not regulated in the Terms, such laws in force shall apply.
  • 8.8 The Parties agree to first negotiate all disputes, controversies or differences that may arise from or relate to these Terms and the transactions it is intended to govern. Only when no mutual agreement could be reached, shall they request court assistance. The courts of Hungary shall have the exclusive jurisdiction over all disputes, controversies or differences between the Parties.