MERCK General Terms and Conditions.
This Website (“Website”) is provided by Merck LTD Egypt a subsidiary and/or affiliate company of Merck KGaA operating in your country of residence (hereinafter “MERCK”) which is part of divisions, subsidiary and/or affiliate companies or groups worldwide of Merck KGaA (hereinafter, the “Merck Group”). Since uses, products, legal and regulatory requirements may vary significantly in each country, the user of the Website shall be responsible for compliance with the laws of his or her country of residence in relation to the use of the Website. For the purposes of the Terms and Conditions of this Website, a “User” shall be considered to be any person who uses a device or computer and performs multiple operations for different purposes. If the User is not of legal age or does not have the legal authorizations and capacity required to access and use the data, information (collectively the “Content”) and services, he or she must refrain from using it, abandon it, and not access its functionalities. Access to the services and Content by minors is the exclusive responsibility of their parents, legal representatives or persons of legal age who have them under their care. The Website and MERCK are exempt from any responsibility to verify or validate this situation. The information contained on the Website is provided exclusively as a general guide and in no way constitutes medical advice or replaces any professional consultation. MERCK recommends that all Users consult their doctor if they have any questions. MERCK is not responsible for any action that any person or organization may take based on or in consideration of the information provided on this Website. IT IS THE USER’S OBLIGATION TO READ THE TERMS AND CONDITIONS SET FORTH HEREIN BEFORE DOWNLOADING THE WEBSITE. THEREFORE, THE USER UNDERSTANDS THAT THEY HAVE FULL KNOWLEDGE OF THIS DOCUMENT, AND THEREFORE, BY CLICKING ON THE “I AGREE” BUTTON, IT MEANS THAT THE USER ACCEPTS TO BE BOUND BY ALL THE TERMS AND CONDITIONS OF THIS WEBSITE; FAILURE TO ACCEPT THEM MEANS THAT THE USER WILL NOT BE ABLE TO USE THE WEBSITE. IF YOU CHOOSE NOT TO ACCEPT ALL THE TERMS AND CONDITIONS, YOU MUST REFRAIN FROM USING THE CONTENT AND EXIT THIS SCREEN. BEFORE TAKING ANY DECISION OR ACTION RELATED TO ANY CONTENT INCLUDED ON THIS WEBSITE, THE USER SHOULD CONSULT A QUALIFIED PHYSICIAN.
I. DESCRIPTION OF THE WEBSITE
These Terms and Conditions govern the User’s use of the Website, including, but not limited to, the use of all content such as text, information, images and audio, integrated software, databases, help tools and other related items. The Website, software, information, functions and services available on or through the Website are collectively referred to herein as the “Service”.
Unless explicitly stated otherwise, all new features or services that augment or improve the Service in the future shall be considered part of the Service and shall be subject to these terms.
II. LANGUAGE
Some of the Content may not exist in the User’s language, however, the text development of these Terms and Conditions is in English & Arabic, the interpretation there of must attend to the literal meaning of the letter of the same content.
III. INTERNET ACCESS REQUIRED
To access the Service through a cellular data connection on a portable device, you will need a data plan from your wireless service provider. To access the Service through a Wi-Fi or Internet connection, you must have a compatible device, software, browser, and Internet access. Check with your provider for any costs. You are solely responsible for any costs or expenses incurred to access the Service through any wireless or other communications service. The content and services on the Website require downloadable software, which may automatically update on your computer whenever new versions or features are available. As long as you comply with these conditions, MERCK grants you a limited, non-exclusive, non-transferable, revocable license to use the software solely to access the content and services. You may not copy, modify, distribute, sell or lease any part of the services or the software included therein, nor may you reverse engineer or attempt to extract the source code of such software.
The contents and services provided by the Website may not be used by the User in an inappropriate manner, for illicit purposes or effects, contrary to the provisions of this license, the conditions of service, the law, morality and public order, including, but not limited to, applicable restrictions relating to copyright and other intellectual property rights. The User may only use the contents and services if authorized by their owner or if permitted by law. These conditions do not grant the User the right to sell, copy the software that is licensed or use the trademarks and logos used in the contents and services, which the User acknowledges are the property of MERCK. The User undertakes not to use the services and contents in any way that may damage, render useless, overload or deteriorate the Website. The use of the contents and services of the Website does not make the User the owner of any of the intellectual property rights or of the content to which the User accesses. If you are provided with a user identification code, password or other information as part of security procedures, you must treat such information as confidential, and you must not disclose it to any third party. MERCK has the right at all times to disable any user identification code or password, whether chosen by you or allocated by MERCK, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms.
You are responsible for making all arrangements necessary for you to have access to the Website. You must keep your account credentials confidential and must not authorize any other person to access or use the service on your behalf. You are responsible for all activities that occur under your service account. In order to use this Website, you may be required to access the World Wide Web (Internet), either directly or through devices that access content on the Web, and you may pay service fees related to such access. You must also provide the equipment necessary to make such connection to the World Wide Web. MERCK does not claim ownership of any data or information that Users provide on the Service. Your Content remains the property of Users. Nor does MERCK control, verify or approve the Content that Users and others make available on the Service. Users control who can access their Content, along with any co-custodians.
Users agree that they are bound by the Privacy Policies of this Website. However, if Users share other people’s content, Users must ensure that they have their formal and express consent in accordance with the applicable Laws in the country of their residence, so that, if they violate other people’s rights, including privacy rights, Users agree that they will be in violation of these terms and will indemnify, defend and hold MERCK, its respective officers, employees and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or allegedly arising from User’s use of the Website or any breach of this Agreement or violation of any rights of another party. MERCK may remove your Content from the Service at any time if you breach these Terms. and/or other persons’ rights, including privacy rights, you are in breach of these Terms and you shall fully indemnify Merck and its affiliates against any third party claims arising from your breach of these Terms. At its discretion, MERCK may remove Content from the Service at any time if you breach these Terms. You are aware that MERCK may terminate the Service at any time. At its discretion, MERCK may permanently delete Content from its servers. MERCK shall have no obligation to make Content available to you after termination of the Service, may permanently store Content and/or may delete it after a period of time. If deleted, Content may be unrecoverable. All digital and/or hard copies you make of Content made available through this Service must be made on your own system and/or with your own equipment and are at your own risk. Unless otherwise ordered by a court or competent authority in the country, MERCK is under no obligation to return the content to the User after the service has been cancelled. If the User decides to include in his/her records any content made available through this service, he/she must save a copy on his/her own system.
IV. SOFTWARE DOWNLOAD
The User must ensure that he/she has an appropriate anti-virus and computer requirements to access and/or download any content from the Website.
V. VIRUSES, HACKING AND OTHER OFFENCES
The User must not misuse the Service by introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. The User must not attempt to gain unauthorised access to the MERCK Website, the server on which the Website is stored or any server, computer or database connected to the Website. The User must not attack the Website with a denial of service attack. No part of the Website may be reproduced or transmitted or stored in another Website or in any other form of electronic retrieval system.
By breaching this provision, the User will be committing an offence, and MERCK reserves the right to take action against whoever is responsible. In the event of a breach of such a provision, your right to use the Service will cease immediately. MERCK is not 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 the Service or to your downloading of any material posted on it, or on any website linked to it.
VI. THIRD PARTY CONTENT
The Website is presented as a service to the general public. The Website may contain information owned by a third party (for example, articles, comparison tables, etc.) as well as hyperlinks to third party sites, which are the responsibility of their author and do not necessarily reflect the official position of MERCK or the Merck Group, or any of its collaborators, directors and officers, such that the content reflects the opinions, criteria and/or findings and conclusions of the authors, who are responsible for their statements, which they support with formal bibliography and whose works are described in this Website.
In such case, MERCK will provide such content as a courtesy to users. MERCK has no control over third party sites or content, and therefore does not sponsor, represent or accept any responsibility for the third party. Browsing outside this Website, owned by MERCK, is at the user’s own risk. Third party content is subject to the terms and conditions of the relevant third party owner. MERCK has no control over, and is not responsible for any matters relating to dealings or transactions with such third parties or any content, distributed content, website, site, advertisement, link, privacy policy or practice of any third party that may be accessed through the MERCK Website. It is the User’s responsibility and obligation to review the privacy policies and terms and conditions of service and use of all third party sites that he or she visits before downloading or using such Third Party Content.
MERCK reserves the right to track and report, anonymously, to third party statistical service providers, User activity on the MERCK Website. User authorizes review of the content to determine whether it is illegal or violates our policies, and to remove or refuse to post it if MERCK has reasonable grounds to believe that it violates our policies or the law. However, this possibility does not necessarily imply that the content will be reviewed by MERCK, just as MERCK is not obliged to examine the content registered and/or transmitted by the Users of the services and content and, therefore, cannot guarantee the legality, veracity, honesty, rigour, loyalty, integrity and/or quality of the same, nor does it assume any responsibility derived from the non-compliance by the users of these terms of use.
VII. CHANGES TO THE WEBSITE
MERCK reserves the right to change any part of the Website or this legal notice at any time and without prior notice to any person or entity. The changes will be effective immediately. Furthermore, and in accordance with the above, MERCK is not obligated to keep the Website updated. At MERCK’s sole discretion, MERCK may modify the Terms without sending you notice. Therefore, please continue to review the Terms each time you use the Website. You may not use the Website in any unauthorized manner that could interfere with another person’s use of the Website or gain unauthorized access to any service, data, account or network. By continuing to access and use the Website after the Terms are changed, you agree to such changes, unless otherwise provided by local law. In addition, when you use particular Merck services or features on the Website, you will be subject to any posted guidelines, rules, terms and conditions applicable to such services or features that may be posted periodically. MERCK may change and/or improve its services.
As a result, MERCK may add or remove certain functions or features, or suspend or terminate a service temporarily or completely with or without notice. MERCK may suspend or terminate your use of the content or services if you fail to comply with these terms or if you use the services in a way that may cause MERCK to be liable, affect the services, or affect other people’s use of the services. You may stop using the services at any time.
MERCK may stop providing you with the services or add or create new limitations at any time.
If MERCK discontinues a service, you will be given reasonable notice and allowed to extract information from the service. Whether specifically acknowledged or not, the trademarks, service marks, and logos displayed on this Website belong to MERCK, its promotional partners, or other third parties.
MERCK does not interfere with, make decisions about, or guarantee the relationships that Users may establish or the links with third parties that advertise and/or promote their products and services.
These third-party trademarks are used only to identify the products and services of their respective owners and sponsorship or endorsement by MERCK should not be inferred by the use of these trademarks.
VIII. NO LIABILITY OF MERCK
User agrees that neither MERCK nor any member of the Merck Group shall be liable for any damage, claim or complaint relating to this Website (whether due to its use, content or any event that may have any connection with the Website). This protection covers claims based on warranty, contract, tort, strict liability and any other legal theory. This protection covers MERCK, its affiliates and the officers, directors, employees, agents, and suppliers of MERCK’s parent company and its affiliates. This protection covers all losses including, but not limited to, direct or indirect, special, incidental, consequential, exemplary and punitive damages, personal injury/wrongful death, loss of profits or damages resulting from loss of data or business interruption.
The information provided on this Website is for general information purposes only. MERCK makes every effort to provide only up-to-date and complete information on this website, but is unable to verify the accuracy, completeness or currency of such information. Because such errors may occur, MERCK MAKES NO WARRANTIES REGARDING THE ACCURACY, RELIABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR COMPLETENESS OF ANY INFORMATION PUBLISHED ON THIS WEB SITE. MERCK PROVIDES THE INFORMATION “AS IS, WHERE IS” AND, BY AGREEING TO THESE TERMS, THE USER DISCLAIMS ALL WARRANTIES (EXPRESS OR IMPLIED) THAT MAY BE MADE. The content is provided for informational purposes only. Although reasonable care has been taken in its compilation and maintenance, MERCK is not responsible for any action taken by any person or organization, wherever located, directly or indirectly as a result of the service contained in or accessed through the Website. Nothing in this service should be construed as an offering of medical advice or as a recommendation. MERCK AND ANY OF ITS AFFILIATES DO NOT PRACTICE MEDICINE OR OFFER MEDICAL ADVICE OR SERVICES.
The Service on this Website is not intended to be a substitute for informed medical advice. USE OF THE SERVICE OBTAINED OR DOWNLOADED FROM THIS WEB SITE IS AT THE SOLE DISCRETION AND RISK OF THE USER. The availability and content of the service varies by country. MERCK assumes no liability with respect to delay, interruption, performance, failure to perform, infection or corruption of any data or other information transmitted in connection with the use of this Website and the service. By using this Website, the User acknowledges that information will be transmitted through local exchanges, exchanges between exchanges and Internet backbones and through routers, switches and other devices owned, maintained and serviced by third party local communications companies and long distance communications companies, service companies, Internet service providers and others, all of which are outside the control and jurisdiction of MERCK and its respective affiliates and suppliers. Any violation by you of these terms of use, or any complaint or information that MERCK receives from third parties regarding non-compliance, abuse or misuse of these terms, may be investigated by MERCK, who may take all measures and initiate all legal and extra-legal actions to obtain the cessation of the conduct or the remedies and compensations that may be available under applicable law. Violation of these terms of use may result in civil or criminal liability. If you are not sure that your actions regarding access and use of the services and content constitute a violation or abuse of these terms of use, please do not hesitate to consult us beforehand. MERCK will answer your query.
IX. USER RESPONSIBILITIES
The User accepts that access to the services and content is done autonomously, under his/her exclusive responsibility and on secure equipment and connections. By accessing the Website, the User accepts that all information obtained or downloaded through it is at his/her own discretion and risk. The User is solely responsible for the access and use that he/she makes of this Website, the content and the information contained on the Website, with or without intention, knowledge or consent. The Website is available only for personal use and not for commercial use by the User. The User acknowledges that the entry of his/her personal information and the data contained on the Website at his/her disposal is done voluntarily.
Because this is a Website that could be used in different countries, the User is responsible for compliance with the laws of the country in which he/she is located, obligating himself/herself to comply in particular with the current regulations for handling digital health information in his/her country of residence, releasing MERCK from any liability. It is the User’s responsibility to verify whether the use of the Website does not contradict any legal provision in the country of residence.
The User undertakes to use the Website and the contents found therein in a diligent, correct, lawful manner and in particular undertakes NOT to engage in the following conduct: (a) Use the contents in a manner, for purposes or with effects contrary to the law, morality and generally accepted good customs or public order; (b) Reproduce, copy, represent, use, distribute, transform or modify the contents of the Website, by any procedure or on any medium, in whole or in part, or allow public access through any form of public communication; (c) Use the contents in any way that entails a risk of damage or disablement of the Website or the contents; (d) Suppress, evade or manipulate the copyright and other identifying data of the copyright incorporated in the contents, as well as the technical protection devices, or any information mechanisms that the contents may have; (e) Use the content and, in particular, information of any kind obtained through the Website to distribute, transmit, send, modify, reuse or report advertising or the content of this for direct sales purposes or for any other type of commercial purpose, unsolicited messages addressed to a plurality of people regardless of their purpose, as well as market or disclose in any way said information, rent, lease, sell, sublicense, assign, reverse engineer, disassemble, modify, lend, distribute, export or otherwise transfer, or allow others to use the Website, technology or other information, including any printed material thereon, nor may you create derivative works from or otherwise modify, use, download or export the Website when the foregoing contravenes any applicable law or regulation. (f) Not allow third parties other than the User to use the mobile Website with your password; (g) Use the Website and the contents for lawful and/or unlawful purposes, contrary to the provisions of these Terms and Conditions, or to the use of the Website itself, which are harmful to the rights and interests of third parties, or which in any way may damage, render useless, overload or deteriorate the Website and the contents or prevent the normal use or enjoyment of the Website and the contents by users. (h) PROHIBITED USES OF THE WEBSITE. The User agrees not to resell the Website or use it or access it.
The User agrees not to reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Website. The User accepts that the information entered through the Website is the sole responsibility of the User and/or the person authorized by the User, and that the data entered therein is trustworthy. The User assumes the responsibility of promptly updating the basic information corresponding to changes in address, telephone number, company, e-mail and other data that may be required.
The User accepts that the information entered through the Website is the sole responsibility of the User and/or the person authorized by the User, and that the data entered therein is reliable. The User assumes the responsibility of promptly updating the basic information corresponding to changes in address, telephone number, company, e-mail and other data that are required. The User is responsible for his/her conduct and files. The content and services may be protected by the intellectual property rights of other people. Do not copy, upload, download or share content unless you have the right to do so. The User acknowledges and accepts that the Website requires and uses the telephone service, data access or the ability to send messages to the Website and is not responsible for the availability or lack of availability of such information. Consequently, the cell phone service provider may charge for the use of the telephone service, data or the sending of text messages, and the User is responsible for paying for those services. The User must observe all laws and regulations regarding the use of mobile phones and other devices, in force and applicable in the cities or places where they intend to use them. The User is prohibited from removing, hiding or altering the legal notices displayed in the services or content to which they have access. The Website may analyze their conduct and content to verify compliance with these conditions. However, it is not obligated to do so. MERCK is not responsible for the content that people publish and share through the services.
Therefore, neither MERCK nor its authors are responsible for the understanding, interpretation and/or use of this content by its users and/or medical users, which is why its use is the exclusive responsibility of the User and of the person who consults it. The Facebook®, Instagram®, Twitter®, Youtube® and/or LinkedIn® links on this Website may show content that is not under the control of MERCK. Although this Website attempts to provide links only to third party sites and applications that comply with applicable laws, regulations and standards, the User must understand that it has no control over the nature and content of those sites and is not recommending these sites, the information they contain or the products or services of third parties. MERCK accepts no responsibility for the content of a third party Website to which a hypertext link exists and makes no warranty (explicit or implied) as to the content of the information on those sites. The User should check the legal and privacy policy sections of any other MERCK or third party sites to which it links. MERCK assumes no responsibility for any direct, indirect or consequential loss from the use of a third party Website.
X. INTELLECTUAL PROPERTY
User acknowledges that (a) the Website contains proprietary and confidential information that is protected by intellectual property and other laws and that (b) MERCK and/or the Merck Group and/or third parties own all right, title and interest in and to the Website and software provided through or in conjunction with the Website, including, without limitation, all applicable Intellectual Property Rights. “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law and any other proprietary rights, as well as any and all applications, renewals, extensions and restorations of such Website, now or hereafter in effect throughout the world. User agrees that User will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Website, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, displayed or enforced for any functionality (including but not limited to digital rights management functionality) included in the Website, (iii) use the Website to access, copy, transfer, transcode or retransmit content in violation of any law or the rights of any third party, or (iv) remove, obscure or modify any Merck SA de Chile or any third party copyright notices, trademarks or other proprietary rights notices affixed to or included within or accessed in conjunction with or through the Website.
XI. ASSIGNMENT
You may not assign or transfer your rights under this Agreement without MERCK’s prior written consent. MERCK may assign all of its rights and liabilities under this Agreement to a subsidiary, affiliate, or successor, of all or substantially all of its business and assets without your consent. Subject to the foregoing, this Agreement shall inure to the benefit of and be binding upon the permitted successors and assigns of the parties.
XII. JURISDICTION AND APPLICABLE LAW
This Agreement shall be governed by the laws of the country of your residence, without regard to its conflict of laws principles. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, such provision shall be reformed to most closely match the intent of the parties and all other provisions shall remain in full force and effect. Any controversy, claim or dispute arising out of or relating to the performance, construction, interpretation or execution of this agreement, including disputes as to the scope of this clause, shall be resolved through good faith negotiations between the parties. If such efforts are not successful, such controversy, claim or dispute shall be resolved by the courts listed at the end of this document, depending on the User’s country of residence.
XIII. DISCLAIMER AND NOTICE
The information contained in this Website, including but not limited to clinical references, images, tools and other related items, is intended to be used as a reference resource and not as a complete reference. While care has been taken to confirm the accuracy of the information presented and to describe generally accepted practices, MERCK and its respective licensors, authors, editors, reviewers, contributors and publishers are not responsible for errors or omissions or any consequences of the Website or the information contained herein and make no representations, express or implied, regarding the timeliness, completeness or accuracy of the content of the Website. It is the responsibility of the licensee to apply this information to a particular situation. MERCK does not endorse and is not responsible for the accuracy of content from sources other than MERCK or practices or standards of sources other than MERCK.
XIV. TERMINATION AND TERMINATION
These terms and conditions shall be effective indefinitely until MERCK decides to suspend or discontinue the availability of the Website. MERCK may terminate these terms and conditions at any time.
Upon termination, the User shall cease using the Website and permanently delete or uninstall all copies of the Website in its entirety. If the User fails to comply with any term of this license, the rights that the User has acquired with this license will automatically terminate without notice from MERCK. MERCK informs that the statistical data collected will be kept for up to five (5) years after the eventual deactivation of the Website. In the event that a User fails to comply with these Terms and Conditions, or any other provisions resulting from the Website, MERCK may suspend its access to the Website. User agrees to access and use the Website in compliance with all applicable laws and regulations, including, but not limited to, state and federal laws and regulations.
User agrees not to use the Website for any illegal or unlawful purpose. This Agreement constitutes the final, exclusive and entire understanding and agreement of the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous understandings and agreements, oral or written, between the parties. MERCK’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such agreement or provision.
XV. USER AGREEMENT
The User declares and guarantees by means of this instrument that he/she will be legally bound by this Contract once he/she downloads, installs and/or uses the Website. PARTICULAR TERMS AND CONDITIONS ACCORDING TO THE USER’S COUNTRY OF RESIDENCE.
