Terms & Conditions of Website Use
Merz Pharma UK Ltd (“Merz“, “we”, “us“), 260 Centennial Park, Elstree Hill South, Elstree, Hertfordshire, WD6 3SR, operates the website www.ultherapy.co.uk (the “Website” or “site”).
2 Other applicable terms
These Terms refer to the following additional terms, which also apply to your use of our site:
3 Information about us
Our site is owned and operated by Merz Pharma UK Limited, 260 Centennial Park, Elstree, Hertfordshire, WD6 3SR.
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).
4 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.
5 Changes to our Website
We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities.
We do not guarantee that our site, or any content on it, will be completely free from errors or omissions.
6 Accessing our site
Our site is made available free of charge.
We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to our site.
You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.
7 Your account
Some parts of our site are only made available to members who have completed a registration process.
In order to become a registered user, you must be eligible and will be registered by Merz. We will provide you with your username and password. You must treat all registration information as confidential, and you must not disclose it to any third party.
To be eligible to use the PRACTITIONER AREA of our site, you must meet the following criteria and you confirm that you:
• are at least 18 years old;
• are a healthcare professional registered to practice in either the United Kingdom or Republic of Ireland;
• will use your real name, only provide accurate information to us and only create one account. If any information should change, for example your email address, you must inform us as soon as possible.
We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, in our sole discretion without notice or explanation to you, including (but not limited to) if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
8 Intellectual property rights
We are the owner or licensee of all intellectual property rights in our site, 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.
You may print off one copy, and may use small quotations extracted of any page(s) from our site for your personal use provided you acknowledge the appropriate site (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our site for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors. This excludes the RESOURCE PORTAL section of the ULTHERAPY® PLATINUM TRAINING PROGRAM and the ULTHERAPY® HCP ZONE from which you may download files and images, but you must acknowledge that the copyright subsisting in such materials belongs to Merz.
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.
If you print off, copy or download any part of our site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Nothing on this site 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.
The following copyright notice must appear on every copy of the contents of this site or a portion thereof: Copyright © 2018 Merz. All rights reserved.
9 Reliance on information posted on our site
The Content is provided for general information only and is not intended to amount to advice on which you should rely. Our site may contain expert opinions, or information identified as expert opinion may be accessed from this site 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.
We therefore disclaim all liability and responsibility arising from any reliance placed on such Content by any visitor to or member of our site, or by anyone who may be informed of any of the Content.
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.
WHETHER YOU ARE A CONSUMER OR A BUSINESS USER:
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:
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.
In particular, we will not be liable for:
o loss of profits, sales, business, or revenue;
o business interruption;
o loss of anticipated savings;
o loss of business opportunity, goodwill or reputation; or
o any indirect or consequential loss or damage.
IF YOU ARE A CONSUMER USER:
Please note that we only provide our site for domestic and private use. You agree not to use our site 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.
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.
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 site or to your downloading of any Content posted on it, or on any website linked to it.
We assume no responsibility for the content of websites linked on our site (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.
11 Information about you and your visits to our site
12 Viruses, hacking and other offences
We do not guarantee that our site will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.
You must not misuse our site 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 site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack.
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 site will cease immediately.
13 Linking to our site
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.
You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site 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.
If you wish to make any use of material on our site other than that set out above, please address your request to Customer Services, Merz Pharma UK Ltd, 260 Centennial Park, Elstree Hill South, Elstree, Herts WD6 3SR.
14 Links from our site
Where our site 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.
15 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.
16 Compliance with export rules and regulations
The Content, any software accessed via our site 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.
17 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.
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.
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.
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.
19 Contact Us
To contact us, please email email@example.com
Thank you for visiting our site.