Last updated: 26 November 2018
AS USED HEREIN, THE TERMS “YOU” AND “USER” SHALL MEAN ANY VISITOR TO THE WEBSITE.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. This page sets out the terms and conditions of use ("Terms") which apply to Your use of www.advanzpharma.com and all other websites ("Website") operated by companies in the Advanz Pharma group. BY ACCESSING OUR WEBSITE YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. THESE TERMS AND CONDITIONS ARE SUBJECT TO CHANGE WITHOUT NOTICE, FROM TIME TO TIME IN OUR SOLE DISCRETION. WE WILL NOTIFY YOU OF AMENDMENTS TO THESE TERMS AND CONDITIONS BY POSTING THEM TO THIS WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE DO NOT ACCESS THIS WEBSITE.
1. Information about Us
In these Terms, “Advanz Pharma”, "We", "Our" and "Us" means Advanz Pharma Corp., a company registered in Canada with corporation number 1085482-4, which has its registered address at 5770 Hurontario Street, Suite 310, Mississauga, Ontario, L5R 3GS (together with its subsidiaries and affiliates).
This Website is owned by Advanz Pharma Corp. and administered by Advanz Pharma Services (UK) Limited, a company registered in England with company number 4678629, which has its registered office at Capital House, 85 King William Street, London, EC4N7BL. Advanz Pharma Services (UK) Limited is a subsidiary of Advanz Pharma Corp.
2. Access to the Website and content
2.1 The information provided by Us on this Website is not in any way an invitation or recommendation to buy/obtain any products or services featured and You should seek appropriate independent advice. Further, information provided by Us on this Website shall not constitute any investment advice in respect of any securities and must not be relied upon in connection with any investment decision.
2.2 We try to ensure that pictures of the goods on this Website are as accurate as possible, but there are technical limitations and slight variations in colour and texture between the pictures and the goods themselves.
2.3 Access to this Website is permitted on a temporary basis, and We reserve the right to withdraw or amend the services We provide on this Website without notice. Access to this Website may be suspended, restricted or terminated, temporarily or indefinitely, at any time without notice.
2.4 We aim to update this Website regularly and to correct any errors or omissions as soon as practicable after being notified of them, and We reserve the right to change, modify, substitute or remove without notice any information on this Website at any time. We have not verified all of the contents of this Website and material on this Website may be out of date at any given time and, except as required by applicable law, We undertake no obligation to update such material.
2.6 The information supplied on this Website will be in accordance with the ABPI code of practice. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and You should be aware that such information may be inaccurate, incomplete or out of date.
3. Intellectual Property
3.1 We own or are the licensee of all Intellectual Property rights in and relating to this Website and all the materials published on it including, but not limited to, the layout, color schemes, URL’s, photos, drawings, images, catalogs, advertisement, videos and sound and all intellectual property rights included in or associated with the Website, including, but not limited to, patents, copyrights, trademarks, service marks, logos and trade secrets (collectively, the “Content”) are either owned by Us or owned by others and licensed to Us. All right, title and interest in and to the Website and such Content remains with Us or our licensors, as applicable.
3.2 This Website and the Content are protected by copyright laws and treaties around the world. Elements of the Website are also protected by trade dress, trade secret, unfair competition, and other laws and may not be copied or imitated in whole or in part. All custom graphics, icons, and other items that appear on the Website are trademarks, service marks or trade dress ("Marks") of Us, our affiliates or other entities that have granted Us the right and license to use such Marks and may not be used or interfered with in any manner without Our express written consent. All such rights are reserved to the fullest extent permitted by law. None of this material may be reproduced, redistributed, modified, leased, loaned, sold, uploaded or transmitted without Our written permission. You may, however, copy, download or print the Content only for personal, non-commercial use, provided that: (a) all copyright and other proprietary notices contained herein shall be retained in all copies; (b) the Content shall not be modified in any way; and (c) such use shall not constitute an infringement of Our rights or the rights of any third parties (including, without limitation, defamation, infringement of the right of privacy or right of publicity). Any other use of the Content including without limitation the use on a network or on another website is prohibited. Requests to reproduce or distribute materials from the Website should be sent to email@example.com. You may not remove or alter any copyright, trademark, or other intellectual property or proprietary rights notice or legend contained on the Website or in the Content. Your use of the Website does not grant You any right, license or permission of any kind to reproduce or use Our intellectual property.
4. Laws and Regulations
4.1 You agree to comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Website and the Content and (ii) release of information to and retrieval of information from the Website. We reserve the right to report any wrongdoing, if and when We become aware of it, and disclose any information contained on the Website, as applicable, to any applicable government agencies, all without liability to Us. Without limiting the foregoing rights, You consent and agree that We may access, preserve and disclose Your account information and any submission if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary for legitimate business purposes, including, without limitation, to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any submission violates the rights of third parties; (iv) respond to requests for customer service; or (v) protect the rights, property or personal safety of Advanz Pharma, its users, and/or the public; in each case to the extent permitted by applicable law.
You agree to indemnify, save, defend, reimburse and hold Advanz Pharma, its shareholders and Representatives harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) Your use of the Website; (ii) Your breach of any provision of these Terms; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission; and/or (iv) Your violation of any rights of another, whether by action or omission.
You acknowledge and agree that Advanz Pharma, regardless of the device or form factor chosen, is not responsible for Your software or browser compatibility and functionality, hardware, and/or network connections with the Website, or for Your resulting access to, availability of, use of, and timing, receipt and accuracy of information transmitted to or received from the Website and/or its features.
7. Procedure for Alleging Copyright Infringement Under Digital Millennium Copyright Act in the US
7.1 We respect the intellectual property rights of others. If You believe that Your work has been infringed by means of an improper posting of it on the Website, then please refer to this section.
7.2 We will respond to alleged copyright violations in the United States in accordance with the Digital Millennium Copyright Act (“DMCA”). The privacy statement does not protect information that We may provide to third parties at Our discretion or as required by law by DMCA through copies of notices referenced below.
If You are a copyright owner or an agent thereof and believe that any third party content on the Website (“Third Party Content”) infringes upon Your copyrights, You may submit a written notification pursuant to DMCA by providing US with the following:
Advanz Pharma Corp.
5770 Hurontario Street, Suite 310, Mississauga, Ontario, L5R 3GS.
It is often difficult to determine if Your copyright has been infringed. We may elect to not respond to DMCA notices that do not substantially comply with all of the foregoing requirements, and We may elect to remove allegedly infringing material that comes to its attention via notices that do not substantially comply with the DMCA.
Please note that the DMCA provides that any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
We may send the information that You provide in Your notice to the person who provided the allegedly infringing work. That person may elect to send us a Counter-Notification.
Without limiting Our other rights, We may, in appropriate circumstances, terminate a repeat infringer’s access to the Website and any other website owned or operated by Us.
You should also be aware that We may forward the Counter-Notification to the party who sent us the DMCA copyright infringement notice.
8. No Unsolicited Ideas and Materials Accepted; No Confidential Relationship With Advanz Pharma.
8.1 We employ individuals to develop new ideas. As a result, Advanz Pharma does not accept any unsolicited submissions, ideas or materials for products or services, or even improvements to products or services (“Unsolicited Ideas and Materials”). Do not send to Us, in any form and by any means, any Unsolicited Ideas and Materials. Should You do so, You grant Us, and anyone authorized by Us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide, transferable, assignable and sub-licensable license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such Unsolicited Ideas and Materials, in whole or in part, in any manner or medium (whether now known or hereafter developed), for any purpose that We choose, and waive all moral rights in such Unsolicited Ideas and Materials. The foregoing grant includes the right to exploit any proprietary rights in such Unsolicited Ideas and Materials, including, but not limited to, rights under copyright, trademark, trade secret or patent laws that exist in any relevant jurisdiction. Also, in connection with the exercise of these rights, You grant Us, and anyone authorized by Us, the right, but not the obligation, to identify You as the author of any of Your Unsolicited Ideas and Materials by name or e-mail address, as We deem appropriate. Advanz Pharma has no obligation of any kind with respect to such Unsolicited Ideas and Materials and is free to reproduce, use, disclose and distribute any portion of the Unsolicited Ideas and Materials, including any ideas or information contained in the Unsolicited Ideas and Materials for any purpose whatsoever. You understand that the technical processing and transmission of the Website, including content submitted by You including the Unsolicited Ideas and Materials, may involve transmissions over various networks, and may involve changes to the content to conform and adapt it to technical requirements of connecting networks or devices. You will not receive any compensation, and may not receive any acknowledgement, of any kind for the use of any Unsolicited Ideas and Materials.
8.2 Your relationship with Us is not a confidential, fiduciary, or other type of special relationship and Your Unsolicited Ideas and Materials, and anything else submitted by You, will be treated as non-confidential and non-proprietary information — regardless of whether You mark them “confidential”, “proprietary”, or the like. We will not assume any responsibility, obligation, or liability for the receipt or non-receipt of any of the foregoing or for the loss or destruction of any of the foregoing. Therefore, Your decision to submit any Unsolicited Ideas and Materials to Us does not place Us in a position that is any different from the position held by members of the general public with regard to Your Unsolicited Ideas and Materials.
8.3 Advanz Pharma’s receipt of Your Unsolicited Ideas and Materials is not an admission by Advanz Pharma of their novelty, priority, or originality, and neither such receipt nor the licence granted above impairs Advanz Pharma’s right to contest existing or future intellectual property rights relating to Your Unsolicited Ideas and Materials.
9. Disclaimer of Warranties
ADVANZ PHARMA PROVIDES THE WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, UNLESS OTHERWISE SPECIFIED IN WRITING. ADVANZ PHARMA MAKES NO, AND ACTIVELY DISCLAIMS, ALL REPRESENTATIONS, WARRANTIES AND COVENANTS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, OR MERCHANTABILITY, REGARDING YOUR USE OF THE WEBSITE OR ANY INFORMATION, CONTENT, SERVICES OR PRODUCTS PROVIDED OR MADE AVAILABLE HEREIN OR THE AVAILABILITY OF THE WEBSITE ITSELF OR THE ACCURACY OF ANY INFORMATION, CONTENT, OR RESULTS OBTAINED THROUGH YOUR USE OF THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTY, SO THE LIMITATIONS AND EXCLUSIONS IN THIS SECTION MAY NOT APPLY TO YOU.
WITHOUT INTENDING TO BE EXHAUSTIVE, AS PART OF THIS DISCLAIMER, ADVANZ PHARMA DOES NOT WARRANT THAT THE WEBSITE OR ANY PORTIONS THEREOF WILL OPERATE UNINTERRUPTED OR ERROR-FREE AND GIVES NOTICE THAT IT IS POSSIBLE THAT THE WEBSITE OR ONE OR MORE PORTIONS THEREOF OR FEATURES OR SERVICES AVAILABLE THROUGH THE WEBSITE MAY BE OR BECOME INACCESSIBLE, UNAVAILABLE, OR INOPERABLE FROM TIME TO TIME OR PERMANENTLY.
THE HEALTH INFORMATION CONTAINED HEREIN IS PROVIDED FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED TO REPLACE DISCUSSIONS WITH YOUR DOCTOR.
10. Exclusions of liability
10.1 The material displayed on this Website is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by applicable law, We, other members of Our group of companies and third parties connected to Us hereby expressly exclude all warranties, conditions and representations and any other terms, whether express or which may otherwise be implied by statute, common law or the law of equity. We do not guarantee that this Website will be fault free and do not accept liability for any errors or omissions.
10.2 Due to the nature of electronic transmission of data over the internet, and the number of Our staff and consultants by whom data is posted on to this Website, any liability We may have for any losses or claims arising from an inability to access this Website, or from any use of this Website or reliance on the data transmitted using this Website, is excluded to the fullest extent permissible by law. In no event shall We be liable for any direct, indirect or consequential loss or damage incurred by You in connection with this Website or the use, inability to use or resulting from the use of this Website, any websites linked to it and any materials posted on it, including without limitation any liability for loss of profit or contracts; loss of data; loss of income or revenue; loss of business opportunity loss of anticipated savings; loss of goodwill or reputation or any other loss or damage of any kind however arising and whether in contract, tort or otherwise, even if foreseeable. For the avoidance of doubt, nothing in this clause 10.2 seeks to exclude liability for death or personal injury arising from Our negligence, nor Our liability for fraud or fraudulent misrepresentation, or where such liability cannot be excluded by law. You irrevocably agree that We may rely on and enforce this Clause 10.2.
10.3 We do not give any warranty that this Website is free from viruses or anything else which may have a harmful effect on any technology.
10.4 We do not represent or warrant that this Website and any information contained within it is appropriate or lawful in locations outside the United Kingdom. If You opt to access this Website from a location outside the United Kingdom, You shall be responsible for complying with all applicable local laws. If You are not permitted to use this Website, or are in any doubt as to whether You are permitted to use this Website, You must exit this Website immediately.
11. Reliance on information posted
11.1 THIS WEBSITE DOES NOT PROVIDE MEDICAL ADVICE. The Website and the Content are for general informational purposes only and are not intended to be a replacement or substitute for the standard practices, professional judgment, skill and expertise of a health professional, or for professional medical advice, diagnosis, or treatment. You should consult an appropriate medical or other professional adviser as to the application of any particular technique, practice or information referred to on the Website or in the Content to Your particular circumstances. Always seek the advice of Your physician or other qualified health provider with any questions You may have regarding a medical condition. Never disregard professional medical advice or delay in seeking medical advice as a result of the Website or Content. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR EMERGENCY SERVICES IMMEDIATELY.
11.2 You understand and acknowledge that many factors unknown to Us may affect the application of any statement, comment or information that is made available through the Website or the Content to Your particular circumstances. It is Your sole responsibility to obtain health care for yourself, and We do not assume, and actively disclaims, responsibility for how the information provided by Us on this Website may be used, including as the basis for care, and We assume no, and actively disclaims, all responsibility whatsoever with respect to the usage of such information, which information is provided with no representations, warranties, or conditions, whether express or implied.
11.3 Further, We disclaim all liability for the accuracy or completeness of the information contained within Our Website.
11.4 Communication with Advanz Pharma and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (collectively, the “Representatives”) as provided by the Website or Content is for general informational purposes only and is not intended to provide a means to communicate professional medical advice, diagnosis, or treatment. Advanz Pharma is not a medical provider and cannot give You medical advice or provide any information concerning the diagnosis or treatment of any health condition. Advanz Pharma and its Representatives are under no obligation to respond to these communications.
11.5. Other than with respect to a general endorsement of the Advanz Pharma products on this Website, which endorsement again is not specific to Your particular circumstances, We do not recommend or endorse any specific products, tests, physicians, procedures, opinions, or other information that may be referred to on or in the Website or Content. Reliance on any information provided by the Representatives, Website, or Content is solely at Your own risk.
12. Data Privacy and Cookies Notice
12.1 We comply with the General Data Protection Regulations 2018 and all other successor legislation and regulations in the performance of our obligations under these Terms.
12.2 Please see our Privacy and Cookies Notice for further details www.advanzpharma.com/privacy-policy
13. Age Requirement
13.1 By using this Website, You certify that You are 18 years of age or older or the age of majority in the jurisdiction in which You reside, if such age of majority is other than 18 years of age. Children under the age of 18 may not visit this Website or submit any materials of any nature to this Website. If You are a resident of a country, state or province that imposes additional or different age requirements for submitting any information or materials, by submitting such information or materials, You hereby represent that Your use of the Website, the provision of such information and materials to us, and our use of such information and materials as described in these Terms, does not violate the applicable laws or regulations of such country, state or province.
14. Linking to Our Website
14.1 You may link to the home page of Our Website, provided You do so in a way that is fair and legal and does not damage Our reputation or take advantage of it, but You must not establish a link in such a way as to suggest any form of association, approval or endorsement on Our part where none exists.
14.2 You must not establish a link from any website that is not owned by You.
14.3 This Website must not be framed on any other site, nor may You create a link to any part of this Website other than the home page. We reserve the right to withdraw linking permission without notice. The website from which You are linking must comply with any reasonable requests made by Us from time to time as to content or theme.
14.4 If You wish to make any use of material on Our Website other than that set out above, please address Your request to firstname.lastname@example.org
15. Viruses, hacking and other offences
15.1 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to this Website, the server on which the Website is stored or any server, computer or database connected to this Website. You must not attack this Website via a denial-of-service attack or a distributed denial-of service attack.
15.2 By breaching this provision, You would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing Your identity to them. In the event of such a breach, Your right to use the Website will cease immediately.
15.3 We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect Your computer equipment, computer programs, data or other proprietary material due to Your use of this Website or to Your downloading of any material posted on it, or on any website linked to it.
16.1 If any provision of these Terms is held to be unlawful, invalid or unenforceable to any extent, that provision shall to that extent be severed from the remaining Terms and the validity and enforceability of the remaining Terms shall not be affected.
16.2 We may modify these Terms at any time by amending this page. You are expected to check this page from time to time to take notice of any changes We made, as they are binding on You. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Website.
16.3 If We fail to enforce a right under these Terms, that failure will not prevent Us from enforcing other rights or the same type of right on a later occasion.
16.4 By offering this Website and any information, products or other content through the Website, Advanz Pharma does not purport to distribute to or solicit You or any person to use the Website or such information, products or other content in jurisdictions where providing such is prohibited by law.
16.5 You agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, You agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which You reside.
16.6 The product information provided on the Website is intended for residents of the applicable jurisdictions indicated on the Website or any related site.
16.7 All disclaimers, indemnities and exclusions in these Terms shall continue in force following termination of Your use of the Website.
If You have a complaint, please e-mail Us at: email@example.com or view our Contact Us section for help on who to direct Your complaint to.
18. Governing law
18.1 These Terms shall be governed by and construed in accordance with English law.
18.2 Any disputes shall be subject to the exclusive jurisdiction of the courts of England and Wales.