BESINS ONLINE TERMS OF USE

Effective date of the Terms of Use

June 2016

Scope of the Terms of Use

These online terms of use (“Terms of Use”) govern your access to websites controlled by Besins Healthcare (UK) Ltd. and its affiliates (together referred to as “BESINS”) which link to these Terms of Use (together referred to as “BESINS websites”). These Terms of Use do not apply to BESINS websites that do not link to these Terms of Use, or to third-party websites to which BESINS websites may link.

By accessing or using BESINS websites, you agree that you have read, understand, and agree to be bound to the current version of these Terms of Use which you may view when accessing BESINS websites. If you disagree with these Terms of Use, or are dissatisfied with BESINS websites, your sole and exclusive remedy is to discontinue using this BESINS website.

Your use of BESINS websites

By using BESINS websites, you agree not to disrupt or intercept BESINS’ electronic information posted on BESINS websites or on any of BESINS’ servers. You also agree not to attempt to circumvent any security features of BESINS websites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.

You are fully responsible for the content and correctness of details that you send to BESINS as well as for the non-violation of any third-party rights that may be involved in such details. You are prohibited from posting or transmitting any unlawful, promotional, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. BESINS will fully cooperate with any law enforcement authorities or court order requesting or directing BESINS to disclose the identity of anyone posting any such information or materials.

Subject to these Terms of Use and BESINS’ Privacy Policy, you grant to BESINS the right to use all content you upload or otherwise transmit to BESINS websites, in any manner BESINS chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law, you waive any moral rights you may have to content you upload or otherwise transmit to BESINS websites (if any).

Except as expressly stated and agreed upon in advance by BESINS, no confidential relationship shall be established in the event that any user of BESINS websites should make any oral, written or electronic communication to BESINS (such as feedback, questions, comments, suggestions, ideas, etc.). If any BESINS website requires or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), BESINS shall obtain, use and maintain it in a manner consistent with BESINS’ Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and BESINS shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information.

Links to BESINS websites

BESINS has not reviewed any or all of the third-party websites which contain links to BESINS websites and is not responsible for the content of any such off-site pages or any other sites linked to BESINS websites. You may not link to any pages of a BESINS website without the prior written consent of BESINS. Quotation or use of one or more portions of BESINS websites in the site of any third parties without written consent is likewise prohibited.

Links to other websites

Links to third-party websites may be provided on BESINS websites for the interest or convenience of visitors to BESINS websites. BESINS will endeavor to inform you when you are leaving BESINS websites that BESINS does not endorse the contents of the third-party site. However, BESINS accepts no liability for links from BESINS to others, and in particular BESINS is not responsible for the accuracy or legality of the content of third-party websites. BESINS accepts no liability deriving from a breach or omission in the privacy policies of third parties. In addition, the existence of a link between a BESINS website and any third-party website in no way implies that BESINS in any way approves of the content of this third-party website.

Product Information

BESINS provides all the product information on BESINS websites and it is intended for general information purposes only. Many pharmaceutical products listed are available upon prescription from a medical doctor or qualified medical professional only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. Should you have a medical condition, promptly see your own doctor or health care provider. BESINS does not offer personalized medical diagnosis or patient-specific treatment advice. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor. Depending on your local laws, you may obtain further information from the product’s information leaflet. Information on these products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) the ability of BESINS to provide information and/or to respond directly to patient questions regarding its prescription products. BESINS, however, will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations.

Expert Opinions

Expert opinions or extracts from press articles concerning a particular area in relation with the content of BESINS websites shall be posted on BESINS websites. Such information represents only the opinions of the respective experts or of the newspaper, their opinions are not necessarily those of BESINS. BESINS is not responsible for the accuracy or completeness of any information or opinions set forth in such materials.

Forward-Looking Statements

BESINS websites may also contain forward-looking statements that reflect BESINS’ current expectations regarding future events and business developments. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. BESINS intends to update BESINS websites on a regular basis but assumes no obligation to update any of the content.

Intellectual Property

You should assume that all product names appearing on BESINS websites, whether or not appearing in large print, italics or with the trademark symbol are trademarks owned by or licensed to BESINS. You should assume that the material appearing on BESINS websites is copyrighted unless otherwise noted. BESINS websites may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of BESINS and/or other parties. No license to or right in any such trademarks, patents, design, copyright, trade secrets, technologies, products, processes and other proprietary rights of BESINS and/or other parties is granted to or conferred upon you. No material from BESINS websites may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any manner or in any medium, in part or in whole, without the prior written consent of BESINS. Only copying for private usage is permitted for your personal, private and non-commercial use, on your personal computer. Except as otherwise permitted in this paragraph, BESINS neither warrants nor represents that your use of materials displayed on BESINS websites will not infringe rights of third parties not owned by or affiliated with BESINS.

Privacy 

BESINS is committed to safeguarding your privacy online. BESINS understands the importance of privacy to BESINS’ customers and visitors to BESINS websites. BESINS’ use of personally identifiable information is governed by BESINS’ Privacy Policy and by accessing and using BESINS websites, you agree to be bound by that Privacy Policy.

Representations and Warranties

Although BESINS strives to provide on BESINS websites the latest developments relating to BESINS products and services, and other information about BESINS, BESINS does not warrant the accuracy, effectiveness and suitability of any information contained in BESINS websites. Each person assumes full responsibility and all risks arising from use of BESINS websites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. BESINS reserves the right to make additions, deletions, or modifications to the information contained on BESINS websites at any time without any prior notification.

BESINS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON BESINS WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, BESINS HEREBY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS OR IMPLIED, CREATED BY LAW, CONTRACT OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. WITH THE EXCEPTION OF DIRECT DAMAGES RESULTING FROM WILLFUL MISCONDUCT OR GROSS NEGLIGENCE BY BESINS, IN NO EVENT SHALL BESINS BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL (INCLUDING LOSS OF PROFIT) CONSEQUENTIAL OR INCIDENTAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE EXISTENCE OF, USE OF, OR INABILITY TO USE BESINS WEBSITES, AND/OR THE INFORMATION OR CONTENT POSTED ON BESINS WEBSITES, REGARDLESS OF WHETHER BESINS HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES.

You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to BESINS websites or these Terms of Use more than one (1) year after such claim or cause of action arose.

Other Terms

Your use of BESINS websites is subject to these Terms of Use. You agree that these Terms of Use (together with the Privacy Policy and the Cookies Policy) describe the entire agreement between you and BESINS with respect to its subject matter.

This BESINS website was created and is operated under the UK law. UK legislation will control the terms provided in these Terms of Use, to the extent that UK laws are not overridden by applicably mandatory law, e.g. consumer protection laws applying to you.

If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, you agree that the other provisions of these Terms of Use will remain in full force and effect.

Without prejudice to your rights under applicable law, BESINS reserves the right to amend these Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If BESINS changes these Terms of Use, an updated version of these Terms of Use will reflect those changes and BESINS will notify you of such changes by updating the effective date at the top of these Terms of Use.