TERMS OF USE

 

Purpose and Acceptance of Terms. This website you are accessing (“Website”) is owned and operated by Zuellig Pharma (“Zuellig Pharma”, “we”, “us” and “our”) and contains information about the products that Zuellig Pharma distributes.

This Website is intended for use by residents of Philippines (“Territory”) who are 18 years old or older.

Information on how we collect and use information about you and your use of this Website can be found in our Privacy Policy.

By using this Website or by registering as a user, you agree to be bound by the terms of use on this page (the “Terms”) and our Privacy Policy. If you do not agree to these Terms and our Privacy Policy, please discontinue your use of this Website now and inform us immediately to terminate your registration (if any).

We reserve the right to change the Terms from time to time, as reasonably necessary. If you continue to use this Website after such amendments to these Terms have been displayed on this Website, such use shall constitute an affirmative: (1) acknowledgement by you of the amended Terms; and (2) agreement by you to abide and be bound by the amended Terms.

 

IMPORTANT DISCLAIMERS.

ALL INFORMATION PROVIDED THROUGH THIS WEBSITE IS INTENDED TO BE GENERAL IN NATURE AND SHOULD NOT BE RELIED UPON IN MAKING ANY DECISION. NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS THE GIVING OF ADVICE OR THE MAKING OF A RECOMMENDATION REGARDING ANY DECISION OR ACTION RELATED TO YOUR HEALTH OR THE HEALTH OF OTHERS.

YOU SHOULD NOTE THAT THIS WEBSITE DOES NOT PROVIDE PROFESSIONAL MEDICAL ADVICE AND IS NOT INTENDED TO REPLACE PERSONAL CONSULTATION WITH A QUALIFIED PHYSICIAN. YOU SHOULD ALWAYS SEEK THE ADVICE OF A QUALIFIED PROFESSIONAL FOR ANY QUESTIONS THAT YOU MAY HAVE RELATING TO A DISEASE, DISEASE SYMPTOMS, AND APPROPRIATE THERAPEUTIC TREATMENTS. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, PLEASE SEEK MEDICAL HELP IMMEDIATELY.

IF YOU ARE A DOCTOR OR OTHER QUALIFIED HEALTH CARE PROFESSIONAL, YOU SHOULD NOT ALLOW THE CONTENT OF THIS WEBSITE TO SUBSTITUTE FOR YOUR OWN MEDICAL JUDGMENT, WHICH YOU SHOULD EXERCISE IN EVALUATING THE INFORMATION ON THIS WEBSITE. ZUELLIG PHARMA IS NOT RESPONSIBLE FOR ANY ACTION YOU MAY TAKE AFTER READING THE CONTENT CONTAINED ON THIS WEBSITE.

THIS WEBSITE MAY CONTAIN INFORMATION ABOUT PRODUCTS, INDICATIONS, RESEARCH, MEDICAL CONDITIONS AND THEIR TREATMENT. WE MAKE NO REPRESENTATION THAT ANY MATERIAL ON THIS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE TERRITORY OF THE INTENDED AUDIENCE. APPROVED INDICATIONS OR APPROVED DRUG INFORMATION DIFFERS FROM COUNTRY TO COUNTRY AND THE INFORMATION STATED ON THIS WEBSITE MAY NOT BE APPLICABLE OUTSIDE OF THE TERRITORY IT IS INDICATED FOR.

THOSE WHO CHOOSE TO ACCESS THIS WEBSITE FROM OTHER LOCATIONS DO SO ON THEIR OWN RISK AND ARE RESPONSIBLE FOR COMPLIANCE WITH LOCAL LAWS, IF AND TO THE EXTENT THAT LOCAL LAWS ARE APPLICABLE. NOTHING HEREIN SHOULD BE CONSTRUED AS A SOLICITATION OR PROMOTION FOR ANY PRODUCT OR FOR AN INDICATION FOR ANY PRODUCT WHICH IS NOT AUTHORISED BY THE LAWS AND REGULATIONS OF THE TERRITORY.

 

Acceptable Use of this Website. By accessing this Website, you agree to:

1. only use it according to the purpose for which the access is provided and in accordance with all applicable laws and regulations;
2. where you have registered for an account, keep your login credentials (namely username and password) secret, not share it with any third parties and immediately report to our system administrator any compromise to or unauthorized use of your login credentials;
3. where this Website allows for User-Generated Content (defined below) to be submitted:
   
   1. not submit any content on behalf of anyone without their explicit approval; and
   2. not upload, send or post, enter or publish any information that is illegal, obscene, misleading, harassing, threatening, defamatory, inflammatory, indecent or otherwise injurious to third parties or objectionable; or in violation of any applicable law and regulations, or the proprietary rights or privacy of any third party;
4. not spam any person or system;
5. not transmit or input any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programmes or similar computer code designed to adversely affect the operation of any computer software or hardware.

Zuellig Pharma has the right, but not the obligation, to monitor or investigate your use of this Website at any time for compliance with these Terms. Our determination of whether a violation of these Terms has occurred will be final and binding, and any action taken with respect to enforcing these Terms, including taking no action at all, will be at our sole discretion.


Should you fail to adhere to these Terms, we may suspend or terminate your user account (where such account has been created) for this Website or take any other necessary measures as we deem fit. You agree that we can share your personal information and our records of your activities on this Website with any government authorities or pursuant to a court order.

 

User-Generated Content. You understand and agree that any communication or other material that you choose to submit to us via this Website, or publish on this Website, such as any questions, comments, suggestions and feedback (“User-Generated Content”), is non-confidential and Zuellig Pharma and its related companies (“Zuellig Pharma Group”) shall be free to reproduce, use, disclose and adapt such User-Generated Content (or any part thereof) without providing you with any notice, compensation or attribution in respect thereof.

 

Intellectual Property Rights. You acknowledge and agree that all rights, title and interest (including intellectual property rights) in and to the contents of this Website are owned by and shall remain vested in Zuellig Pharma and/or its licensor(s), and that you have no rights thereto other than a right to use this Website in accordance with these Terms. Unless expressly authorized by Zuellig Pharma in writing, you agree not to make copies of or create derivative works based on the contents of this Website or any part thereof, or distribute, republish, display, broadcast or transmit any whole or part of this Website and the information and materials contained therein in any manner or by any means or store the same in an information retrieval system without the prior written permission of Zuellig Pharma. You agree that you will not use any robot, spider, scraper or other automated means to access this Website for any purpose without our express written permission. In addition, you may not, without Zuellig Pharma’s prior written permission, insert a hyperlink to this Website (or any part thereof) on any other website or webpage or “mirror” any material contained on this Website on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to this website or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on this Website).

The trade marks, service marks, and logo used and displayed on this Website (“Trade Marks”) are registered and unregistered Trade Marks of Zuellig Pharma and/or its licensor(s). Nothing on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of Zuellig Pharma. Zuellig Pharma prohibits use of any Trade Mark as a “hot” link to this Website, any Zuellig Pharma’s website or any other site unless establishment of such a link and use of such Trade Mark is approved in advance by Zuellig Pharma in writing.

Images of products, people or places displayed on this Website are either the property of Zuellig Pharma, or used with permission from Zuellig Pharma’s licensor. The use of these images by you or anyone else authorised by you, is prohibited unless specifically permitted by these Terms or specific permission provided in writing by Zuellig Pharma. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

 

Usage of Data. We may collect information about your usage of this Website. Please refer to our Privacy Policy.

 

Third Party Content. This Website may also contain links to other third party platforms and content (“Third Party Content”). Your use of Third Party Content is entirely at your own risk and you acknowledge and agree that Zuellig Pharma has not reviewed any or all of such Third Party Content and is not responsible in any way for such Third Party Content.

 

Suspension of Website. We may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, this Website and any service or information therein and shall not be liable if any such upgrade, modification, suspension or alteration to this Website prevents you from accessing this Website or any part or feature thereof. The information and/or any other material contained in this Website may be modified, deleted or replaced from time to time and at any time at our sole and absolute discretion.

 

LEGAL DISCLAIMERS. YOU AGREE THAT THIS WEBSITE AND ALL INFORMATION, PRODUCTS, MATERIALS, SERVICES AND FUNCTIONS CONTAINED THEREIN ARE PROVIDED TO YOU “AS IS, AS AVAILABLE” AND THAT YOU USE THIS WEBSITE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ZUELLIG PHARMA AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND IN RESPECT OF THIS WEBSITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF FITNESS FOR ANY PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, SATISFACTORY QUALITY, MERCHANTIBILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USEFULNESS OR TIMELINESS, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW.

ZUELLIG PHARMA AND ITS LICENSORS LIKEWISE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT (A) THE PRODUCTS AND SERVICES STATED ON THIS WEBSITE ARE AVAILABLE IN THE COUNTRY YOU RESIDE IN OR ARE ACCESSING THIS WEBSITE FROM; (B) THE CONTENT AND INFORMATION PROVIDED ON THIS WEBSITE WILL SATISFY ANY GOVERNMENT REGULATIONS RELATING TO DISCLOSURES OF INFORMATION ON PRESCRIPTION DRUG OR COSMETIC PRODUCTS, OR (B) ANY MATERIAL ON THIS WEBSITE IS APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE TERRITORY OF THE INTENDED AUDIENCE.

WITHOUT LIMITING THE ABOVE, YOU AGREE THAT ZUELLIG PHARMA AND ITS LICENSORS DO NOT WARRANT THAT (I) THIS WEBSITE OR THE MATERIALS OR INFORMATION PROVIDED HEREIN WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY IDENTIFIED DEFECT WILL BE CORRECTED; AND (III) THE CONTENTS OF THIS WEBSITE ARE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE AND (IV) THE USE OF INFORMATION AND MATERIALS DISPLAYED ON THIS WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.

 

LIMITATION OF LIABILITY. YOU AGREE THAT ZUELLIG PHARMA AND ITS LICENSORS SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, HOWSOEVER ARISING, INCLUDING DAMAGES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH (i) ANY ACCESS, USE OR INABILITY TO ACCESS OR USE THIS WEBSITE; (ii) ANY SYSTEM , SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT PROGRAM OR MACROS; (iii) ANY USE OF OR ACCESS TO ANY OTHER WEBSITE OR WEBPAGE LINKED TO THIS WEB SITE; OR (iv) ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM THIS WEBSITE OR FROM ANY OTHER WEBSITE OR WEBPAGE LINKED TO THIS WEBSITE OR FROM ANY OTHER PARTY REFERRED BY THIS WEBSITE, EVEN IF ZUELLIG PHARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

Indemnity. You agree to fully indemnify and keep Zuellig Pharma and its licensors harmless from and against any and all claims, actions, proceedings, damages, expenses, costs and liabilities incurred by or attaching to Zuellig Pharma or any of its licensor in relation to or arising out of your use of this Website, your violation of these Terms or your violation of the rights of any third party.

 

Notice. You agree that any notices may be sent to you by email or by posting on this Website and that such notices shall be deemed received by you, if sent by email, 24 hours after such email has been sent by Zuellig Pharma’s email server, or, if by posting on this Website, 48 hours after such posting.

 

Severability. If any provision of these Terms or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of these Terms. The invalidity, illegality or unenforceability of any provision in these Terms under the laws of any one jurisdiction shall not in itself affect the validity, legality and enforceability of such provisions under the laws of any other jurisdiction.

 

Waiver. Any failure of or delay by Zuellig Pharma to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

No Third Party Rights. You agree that, save as expressly provided for in these Terms and to the extent permissible under the applicable laws, no third party shall have any rights to enforce any of part of these Terms under any laws purporting to grant such rights.

 

Governing Law and Jurisdiction. You agree that these Terms and your use of this Website are governed by the laws of the Territory and you agree to submit to the exclusive jurisdiction of the competent courts of the Territory.

 

Records. You acknowledge and agree that Zuellig Pharma’s records and any records of your access to, and the communications, transactions, instructions or operations made or performed, processed or effected through, this Website by you or any person purporting to be you shall be conclusive evidence of such communications, transactions, instructions or operations. You agree that such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.