BESINS ONLINE TERMS OF USE

Last update
June 2020

Scope of the Terms of Use

These online terms of use (“Terms of Use”) govern the access of the user (“you”) to websites (“our website(s)”) controlled by Besins Healthcare (UK) Ltd., a company incorporated in England, with registration number 08694669 and having its address at Lion Court, 25 Procter Street, Holborn, London WC1V 6NY, United Kingdom, and/or by its affiliates (“we” or “us”). These Terms of Use do not apply to our websites that do not link to these Terms of Use, or to third-party websites to which our websites may link.

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

Your use of our Websites

By using our websites, you agree not to disrupt or intercept electronic information posted on our websites or on any of its related servers. You also agree not to attempt to circumvent any security features of our 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 us 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, libellous, 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. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials.

Subject to these Terms of Use and our Privacy Policy, you grant to us the right to use all content you upload or otherwise transmit to our websites, in any manner we choose, 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 our websites (if any).

Except as expressly stated and agreed upon in advance by us, no confidential relationship shall be established in the event that you should make any oral, written or electronic communication to us (such as feedback, questions, comments, suggestions, ideas, etc.). If any of our websites requires or request that such information be provided, and that such information contains personal data (e.g., name, address, phone number, email address), we will obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and we will 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 our Websites

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

Links to other websites

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

Product Information

We provide all information on our websites (including information on our company, its history and its products) 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. We do 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) our ability to provide information and/or to respond directly to patient questions regarding its prescription products. However, we will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations.

Expert Opinions

We may post on our websites expert opinions or extracts from press articles concerning a particular area. Such information represents only the opinions of the respective experts or of the newspaper, their opinions are not necessarily those of us. We are not responsible for the accuracy or completeness of any information or opinions set forth in such materials.

Forward-Looking Statements

Our websites may also contain forward-looking statements that reflect our 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 our products, regulatory approvals of pharmaceuticals, validity and enforcement of patents, the stability of our commercial relationships, and the general economic conditions. We intend to update our 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 our websites, whether or not appearing in large print, italics or with the trademark symbol are trademarks owned by or licensed to us. You should assume that the material appearing on our websites is copyrighted unless otherwise noted. Our websites may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights. No license to or right in any such trademarks, patents, design, copyright, trade secrets, technologies, products, processes and other proprietary rights, whether owned by use and/or by other parties, is granted to or conferred upon you. No material from our 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 our prior written consent. Only copying for private usage is permitted for your personal, private and non-commercial use, on your personal computer.

Privacy

We are committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to our websites. Our use of personally identifiable information is governed by our Privacy Policy.

Representations and Warranties

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

WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR NATURE WITH RESPECT TO THE INFORMATION OR CONTENT POSTED ON OUR WEBSITES. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM 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, IN NO EVENT SHALL WE 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 OUR WEBSITES, AND/OR THE INFORMATION OR CONTENT POSTED ON OUR WEBSITES, REGARDLESS OF WHETHER WE HAVE 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 our websites or these Terms of Use more than one (1) year after such claim or cause of action arose.

Other Terms

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

Our websites were created and are operated under the law of England and Wales. The law of England and Wales legislation will control the terms provided in these Terms of Use, to the extent that these 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, the other provisions of these Terms of Use will remain in full force and effect.

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

BHUK/2020/073. Date of preparation: September 2020