Terms of use
1. GENERAL INFORMATION
This document describes the terms of use related to the website www.gepretix.co.uk (hereinafter, the “Website”) owned by Exeltis UK Limited (hereinafter, “Exeltis”), with registered offices at Two Snowhill, 7th Floor, Birmingham, B4 6GA (England) and Tax Identification 08412660. Exeltis, as part of Exeltis Pharmaceuticals Holding, S.L. and all its subsidiaries located in Spain, EU or third countries dedicated to pharma sector are globally known as Insud Pharma (hereinafter, “Insud Pharma Group”).
Exeltis welcomes you, and strongly recommends carefully reading the following terms of use (hereinafter, the “Terms of Use”) which explain the terms and conditions that will be applicable to your navigation through the Website in accordance with the UK legislation. Exeltis may modify these Terms of Use in the future, therefore we recommend you review periodically this document in order to be properly informed on the changes.
With the purpose of making the Website as transparent, plain and simple as possible, you (hereinafter, the “User”) will be able to send any question or request related to the Terms of Use by contacting Exeltis by email, sending your request to dataprotection@insudpharma.com
Through the Website, Exeltis wishes to provide the public with information on aspects related to the company's corporate purpose. Our aim is to ensure that the information is disseminated as quickly as possible, guaranteeing its veracity and accuracy.
2. OBJECT
Exeltis provides the contents and the services available on the Website which will be governed by these Terms of Use and the Privacy Policy and Cookie Policy.
Access or use of the Website confers you the condition of User, this means your full acceptance of these Terms of Use which will be available on the Website. Exeltis reserves the right, at their sole discretion, to modify or replace this Terms of Use at any moment. It will be responsibility of the User to read carefully these Terms of Use each time he visits the Website, if the User disagrees with any of these Terms of Use he must refrain from using the Website.
Under no circumstances is the object of the Website to invite, advise, recommend, or suggest health decisions or actions to Users. Thus, Users who decide to access this Website submit available questionnaires, access to third party links, provide information and/or make medical decisions, do so on their own initiative and responsibility.
3. ACCESS AND USE OF THE WEBSITE
The User is aware and expressly and voluntarily accepts that using the Website will be at his own risk and responsibility. In general, Users may access the Website freely and free of charge.
Some functionalities of the Website are not intended to be used by persons who do not have the condition of healthcare professional who can prescribe medication. Therefore, users need to identify themselves before entering into this Website. In the event that the User is not a healthcare professional, the User will not be able to access to some content of the Website.
When using the Website, the User is fully committed to avoid any behaviour that could harm Exeltis’ or third parties’ reputation, interests, rights or use the Website in a way that causes or is likely to cause any damage or an interruption in the normal use of the Website.
Exeltis implements reasonable security measures for virus detection. Nonetheless, the User must be aware that security measures are not entirely trustworthy and Exeltis cannot guarantee the non-existence of viruses or other elements which might produce alterations in your systems (software and hardware), electronic documents and data files included in them.
4. WEBSITE CONTENT
Exeltis offers the User the following possibilities:
a) Learn more about Exeltis Gepretix®.
b) Access to specific healthcare and prescribing documents with regard to Gepretix®, as well as to specific Gepretix® information for patients.
c) Learn more about Exeltis and Insud Pharma Group;
d) Read the “Terms of Use” and the “Privacy and Cookie Policy”
e) Contact Exeltis through the contact means made available.
5. PRIVACY AND COOKIE POLICY
In accordance with the provisions of the UK legislation, as well as, when applicable, the European General Data Protection Regulation, Exeltis informs you on the existence of automated and non-automated files owned by Exeltis where data collected through the Website is stored. For more information, please read our Privacy Policy and Cookie Policy.
6. INTELLECTUAL PROPERTY
The User acknowledges and accepts that all the contents displayed on the Website and especially, designs, texts, images, logos, icons, buttons, software, trademarks, or any other sign susceptible of industrial use and / or commercial are subject to Intellectual Property rights and all trademarks, or distinctive signs, all rights of industrial and intellectual property, content and/or any other element included in the page, which are the exclusive property of Insud Pharma Group, who has the exclusive right to use them in economic traffic. Therefore, the User agrees to not reproduce copy, distribute, make available or otherwise publicly communicate, transform or modify such content, holding Exeltis or Insud Pharma Group harmless from any claim arising from the breach of such obligations.
In any case the access to the Website implies any type of waiver, transfer, license or total or partial assignment of the mentioned rights, unless expressly stated otherwise. This Terms of Use do not confer on the User any other right of use, alteration, exploitation, reproduction, distribution or public communication of the Website and / or its contents other than those expressly provided herein. Any other use or exploitation of any right will be subject to the prior and express authorization specifically granted for this purpose by Insud Pharma Group, or by the third-party owner of the affected rights.
The contents, texts, photographs, designs, logos, images, software, source codes and, in general, any intellectual creation existing on this Website, as well as the site, as a multimedia artistic work, are protected as copyright by Intellectual Property legislation. Insud Pharma Group owns the elements that make up the graphic design of the Website, menus, navigation buttons, HTML code, texts, images, textures, graphics and any other content of the Website or, in any case, they have the corresponding license for the use of said elements. The content provided on the Website may not be reproduced in whole or in part, nor transmitted, nor recorded by any information retrieval system, in any form or in any medium, unless prior authorization is granted, for written, of the mentioned company.
Likewise, it is forbidden to delete, ignore and / or manipulate the "copyright" as well as the technical protection devices, or any information mechanism that the contents may contain. The User of this Website undertakes to respect the mentioned rights and to avoid any action that could harm them, Exeltis or Insud Pharma Group reserve in any case the exercise of any legal actions in defence of its intellectual and industrial property legitimate rights.
7. SLAVERY STATEMENT
Exeltis is committed to the principles and compliance of the Modern Slavery Act 2015 and the abolition of modern slavery and human trafficking.
Exeltis guarantees and ensures a non-discrimination, inclusive and respectful working environment, providing equal employment opportunities to all its employees and applicants. Exeltis promotes a cooperative, safe, and productive work environment by supporting the cultural and ethnic diversity.
Exeltis does not enter into business with any organisation, supplier or collaborator, in the UK or abroad, which knowingly supports or is found to be in slavery, servitude and forced or compulsory labour. As part of its compliance culture, Exeltis is committed to conducting business in accordance with the highest standards of ethics and compliance, which are also required to its suppliers and collaborators.
Exeltis, as part of Insud Pharma Group, has adopted internal policies and procedures so as to warrant an ethical and compliance culture, as well as enabled internal channels to communicate any violation or misconduct of our policies or regulations in force. All these procedures and policies are mechanisms in place which can also be used to report issues concerning violations of Modern Slavery Act.
Additionally, Exeltis guarantees taking due diligence when doing business and during its daily professional activity. Among others, we ensure that all our employees are legally entitled to work in the UK and have a contract in place. We ensure that our suppliers comply with our internal standards, legal requirements and that also have modern slavery statements. We make sure that all our employees and staff have been duly trained to look out for signs of modern slavery, misbehaviours and any other kind of violation of our rules or current legislation.
Exeltis is committed to periodically review its policies and procedures to adequate them taking into consideration new legal requirements, needs or risks concerning modern slavery.
8. USER’S OBLIGATIONS AND RESPONSIBILITIES
The User hereby undertakes to refrain from using the Website for any purpose forbidden by this Terms of Use. The User is responsible and liable for the use of the Website. Furthermore, the User shall comply with any obligation required by the applicable legislation.
The User, in addition, must: (i) have the means and meet the technical requirements that are required to access the Website and make use of the available services through it; and (ii) provide truthful information when filling out the forms contained in the Website with his personal data and keeping them updated at all times, responding at all times to the User's current situation. The User will be solely responsible for the false or inaccurate statements and the damages caused to Exeltis related to the information provided. The User must also refrain from:
a) Making an unauthorized or fraudulent use of the Website and / or content for illegal purposes or the ones prohibited in this Terms of Use, harmful to the rights and interests of third parties, or in any way that may damage, disable, overload, deteriorate or prevent the normal use of the services, documents, files and all kinds of content stored on any computer;
b) Accessing or attempting to access restricted resources or areas of the Website, without complying with the conditions required for the mentioned access;
c) Causing damage to the physical or logical systems of the Website, its suppliers or third parties;
d) Introducing viruses in the network computer or any other physical or logical system that is likely to cause damage to the physical or logical systems of Exeltis or third parties;
e) Attempting to access, use and / or manipulate Exeltis’ and other Users data. Reproduce, copy, distribute, allow public access through any form of public communication, transform or modify the contents, unless you have the authorisation of the owner of the rights or it is legally permitted;
f) Deleting, hiding or manipulating the information on intellectual or industrial property rights and other data identifying the rights of Exeltis, Insud Pharma Group or third parties incorporated into the contents, as well as technical protection devices or any information mechanism that can be inserted in the contents;
g) Obtaining or attempting to obtain contents using means or procedures other than the ones that have been made available for this purpose or have been expressly indicated on the websites where the contents are or, in general, of those that are commonly used on the Internet because they do not involve a risk of damage or disablement of the Website and / or the contents;
h) The User undertakes to not transmit, disseminate or make available to third parties information, data, content, messages, graphics, drawings, sound and/or image files, photographs, recordings, software and, in general, any kind of material that may:
- In any way, is contrary or violate the fundamental rights and freedoms recognized by the local applicable law, International Treaties and any other valid and applicable legislation;
- Induce or promote actions of a criminal nature, slanderous, defamatory, violent or, in general, contrary to the law, morality, generally accepted good practices or public order activities;
- Induce or promote discriminatory actions, attitudes or feelings based on sex, race, religion, beliefs, age or sexual condition;
- Gather, make available or allow access to products, elements, messages and / or services of a criminal nature, violent, offensive, harmful, degrading or, in general, contrary to law, morality and generally accepted good practices or public order;
- Induce or may induce to an unacceptable state of anxiety or fear;
- Induce or promote to participate in dangerous, risky or harmful practices for health and psychic balance;
- Is protected by the intellectual or industrial property legislation belonging to Exeltis or Insud Pharma Group, without having authorized the intended use;
- It is contrary to honour, personal and familiar privacy or people' s own image;
- Constitutes any type of non-consensual advertising;
- Include any virus or program that prevents the normal use of the Website.
9. LIMITATION OF LIABILITY
Exeltis will be responsible for ensuring, except for force majeure reasons, the proper functioning of the Website, avoiding technical inconvenience and any other actions that may limit and / or partially interrupt the use thereof by Users.
Exeltis does not guarantee continued access, or the correct viewing, downloading or use of the elements and information contained in the pages linked to this Website, and that may be impeded, hindered or interrupted by factors or circumstances beyond its control. Exeltis is not responsible for the decisions that may be adopted as a result of access to contents or information offered through these linked sites.
Exeltis may interrupt the service or immediately terminate the relationship with the User if it detects that a use of its Website or any of the services offered therein is contrary to this Terms of Use. Exeltis shall not be responsible for damages, losses, claims or expenses derived from the use of the Website. It will only be responsible for deleting, as soon as possible, the contents that may generate such damages, provided that this is notified. In particular, it will not be responsible for the damages that could be derived, among others, from:
a) Interferences, interruptions, failures, omissions, telephone breakdowns, delays, blockages or disconnections in the electronic systems, caused by deficiencies, overloads and errors in telecommunication networks, or by any other cause beyond the control of Exeltis;
b) Illegitimate intromissions through the use of malicious programs of any kind and through any means of communication, such as viruses or any other;
c) Improper or inappropriate abuse of the Website;
d) Security or navigation errors caused by a malfunction of the browser or by the use of non-updated versions thereof;
e) Exeltis excludes any liability for damages of any nature due to the misuse of the available services by Website Users. Likewise, Exeltis will be exempt from any responsibility related to content and information that may be received as a result of an illegal or incorrect use of said services.
10. INDEMNITY OF EXELTIS
The User shall protect, indemnify and hold Exeltis harmless from any loss or damage arising from claims, actions or demands of third parties as a result of its use of the Website. Likewise, the User shall indemnify Exeltis against any damages arising from the use of "robots", "spiders", "crawlers" or similar tools used for the purpose of collecting or extracting data or any other action that imposes an unreasonable burden on the use of the Website.
Access to the services or contents provided through the Website will be made under the exclusive responsibility of the Users. In case of minors or incapacitated persons, the responsibility will correspond to their parents, representatives or legal guardians, who must supervise or take the necessary precautions during their navigation through the web pages.
If you negligently or wilfully fail to comply with any of the obligations set forth in this Terms of Use, you will be liable for all damages and losses that may arise for Exeltis related to the breach.
11. CHANGE OF CONTROL
In the event that Exeltis is acquired by or merged with a third-party entity, Exeltis reserves the right to transfer or assign its contractual position as well as the information collected from the Users as part of such merger, acquisition, sale, or other change of control.
The third entity shall comply with the requirements states by Exeltis in the Terms of Use and in the Privacy Policy and Cookie Policy.
12. CHANGES IN THE TERMS OF USE
We reserve the right, at our sole discretion, to modify or replace this Terms of Use. When this happens, a notice will be included on the Website indicating and informing Users that modifications have been made.
13. NULLITY AND INEFFICIENCY OF THE CLAUSES
If any clause included in these Terms of Use is declared totally or partially invalid, null and void, such invalidity or nullity will only affect the mentioned provision or the part that is null or ineffective, while the remaining parts of these Terms of Use will continue to apply, considering such provision totally or partially as not included.
14. GOVERNING LAW AND JURISDICTION
The relationship between Exeltis and the User will be governed by the provisions of regulation in force and applicable legislation. The parties submit for the resolution of conflicts to the courts and tribunals that may correspond by law.
15. CONTACT INFORMATION
You may contact us and our data protection officer at the following email address dataprotection@insudpharma.com