TERMS OF USE

Merz Pharma UK Ltd (“Merz“, “we”, “us“), Ground Floor Suite B Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, England, HP2 4TZ, operates the website www.ultherapy.co.uk (the “Website”).

These Terms of Use apply to your use of the Website. By using our Website, you accept these Terms of Use and agree to comply with them. If you do not agree to these terms, please do not use this Website.

  1. Other applicable terms
    These Terms refer to the following additional terms, which also apply to your use of our Website:

    1. our Privacy Notice, which sets out how and why we may process any personal data we collect from you or that you provide to us; and
    2. our Cookie Policy, which sets out information about the cookies on our Website.
  2. Information about us
    1. We are regulated by the Prescription Medicines Code of Practice Authority (PMCPA) and comply with the Association of British Pharmaceutical Industry Code of Practice (ABPI).
    2. We only use your personal information in accordance with our Privacy Notice. Please take the time to read our Privacy Notice, as it includes important information.
  3. Changes to these Terms
    We may revise these Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding on you.
  4. Changes to our Website
    1. We may update and change our Website from time to time to reflect changes to our products, our users’ needs and our business priorities.
    2. We do not guarantee that our Website, or any content on it, will be completely free from errors or omissions.
  5. Accessing our Website
    1. Our Website is made available free of charge
    2. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
    3. You are responsible for making all arrangements necessary for you to have access to our Website.
    4. You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
  6. Intellectual property rights
    1. We are the owner or licensee of all intellectual property rights in our Website, and in the material we publish on it (the “Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works asserts their moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the relevant works.
    2. You may print off one copy and may use small quotations extracted of any page(s) from our Website for your personal use provided you acknowledge the appropriate Website (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our Website for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors
    3. You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
    4. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
    5. Nothing on this Website should be construed as granting, by implication or otherwise, any licence or right in or to our intellectual property rights without our express written permission.
    6. The following copyright notice must appear on every copy of the contents of this Website or a portion thereof: Copyright © 2021 Merz. All rights reserved.
  7. Reliance on information posted on our Website
    1. The Content is provided for general information only and is not intended to amount to advice on which you should rely. Our Website may contain expert opinions, or information identified as expert opinion may be accessed from this Website via a hyperlink. Such content represents the opinions of these respective experts, which is not necessarily our opinion. In all circumstances, you must obtain professional or specialist advice or conduct your own due diligence before taking, or refraining from, any action on the basis of the Content.
    2. We therefore disclaim all liability and responsibility arising from any reliance placed on such Content by any visitor to or member of our Website, or by anyone who may be informed of any of the Content.
    3. Although we use our reasonable efforts to update the Content, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.
  8. Liability
    Liability Whether you are a consumer or a business user: 

    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
      If you are a business user:
    2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Website.
    3. In particular, we will not be liable for:
      1. loss of profits, sales, business, or revenue;
      2. business interruption;
      3. loss of anticipated savings;
      4. loss of business opportunity, goodwill or reputation; or

      If you are a consumer user:

    4. Please note that we only provide our Website for domestic and private use. You agree not to use our Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    5. If defective digital Content that we have supplied, damages a device or digital Content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
    6. 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 our Website or to your downloading of any Content posted on it, or on any website linked to it.
    7. We assume no responsibility for the content of websites linked on our Website (if any). Any such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
  9. Information about you and your visits to our Website
    We will only use your information as set out in our Privacy Notice.
  10. Viruses hacking and other offences
    1. We do not guarantee that our Website will be secure or free from bugs or viruses.
    2. You are responsible for configuring your information technology, computer programmes and platform in order to access our Website. You should use your own virus protection software.
    3. You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
    4. 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 our Website will cease immediately.
  11. Linking to our Website
    1. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. 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.
    2. You must not establish a link from any website that is not owned by you.
    3. Our Website must not be framed on any other Website, nor may you create a link to any part of our 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 in all respects with the content standards set out in these Terms.
    4. If you wish to make any use of material on our Website other than that set out above, please address your request to Customer Services, Merz Pharma, Ground Floor Suite B Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, England, HP2 4TZ.
  12. Links from our Website 
    Where our Website contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the content of those websites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
  13. Jurisdiction and applicable law
    These Terms shall be governed and construed in accordance with the laws of England. We both agree to the exclusive jurisdiction of the courts of England. However, if you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in either the Scottish, Northern Irish or the English courts.
  14. Compliance with export rules and regulations
    The Content, any software accessed via our Website or your purchase of our products may be subject to export control laws and regulations and other applicable local laws. You agree to comply with any such applicable laws.
  15. Trade marks
    MERZ®, ULTHERAPY® and DEEPSEE® are trade marks of the Merz Group. You are not permitted to use the marks without our approval, unless you are using it as part of material you are permitted to use under these Terms.
  16. Miscellaneous
    1. We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms without our prior written consent.
    2. If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
    3. The Terms are for the benefit of you and us and are not intended to benefit any third party or be enforceable by any third party.
  17. Contact Us
    1. To contact us, please email customerservices@merz.com

Thank you for visiting our Website.

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