This website (“Website”) is established and operated by Innovative Medicines Group (“IMG” “we” or “us”). We would like to request users (“users” or “you”) to read the following Terms of Use (“Terms”) carefully before using this Website. By using the Website, users: i) are regarded as having agreed to abide by the following Terms of Use and all the related laws and regulations applicable; ii) represent that they are old enough to use and access the Website; iii) consent to the collection, use, disclosure and other handling of information as described in our Privacy Policy, available at [www.imedicinesgroup.com/privacy-policy/]; and iv) accept and agree to any additional terms, rules and conditions of participation issued by IMG from time to time. If you do not agree to the Terms, then you must not access or use the Website. IMG has no continued obligation to operate the Website in the future, at its exclusive discretion, with no liability whatsoever in connection thereto.
1.Modification of Terms of Use
IMG reserves the right, at its sole discretion, to modify or replace the Terms at any time. The most current version of these Terms will be posted on our Website. You shall be responsible for reviewing and becoming familiar with any such modifications. Use of the Website by you after any modification to the Terms constitutes your acceptance of the Terms as modified.
2.Cookies
In this Website, information called Cookies are stored in the PC used to browse this Website, for the purpose of providing better content. The cookies used in this site do not infringe on your privacy or PC environment. It is possible to prohibit the use of cookies by changing the settings of your browser. However, please note that some contents or functions may become unavailable due to such a change. Further information regarding cookies available at our Privacy Policy at [www.imedicinesgroup.com/privacy-policy/].
3.Copyright and Trademarks
All the contents included in this Website are the property of IMG and providers of respective contents, which are protected by copyright laws, various treaties and other laws and regulations in each country. The use of this Website is restricted to personal use for non-commercial purposes, and other extent approved by laws and regulations. You are not allowed to download and/or duplicate contents beyond that extent. The rights of trademarks, service marks, business names, designs, etc., indicated within this Website are lawfully protected. Unauthorized use of them and other acts of piracy are prohibited.
4. Eligibility
Users hereby represent and warrant that are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms and to abide by and comply with these Terms. IMG operates a global platform and by accessing the Website, you are representing and warranting that you are 13 years old or older.
5. Contents
This Website includes product information of IMG. Many of the products published in this Website are ethical pharmaceuticals requiring prescription by physicians, etc. The purpose of their contents is not to publicize or advertise the efficacy of the products. This Website does not intend to provide advice or services that should be carried out by physicians, chemists and other medical practitioners or does not act as their substitute.
6. Services and contents
IMG is paying its utmost attention to information published in this Website. However, it cannot guarantee all of its accuracy, usability and soundness of the contents, as well as safety of being free from errors and/or virus infection, etc. IMG is not responsible for any damage caused by the use or existence of this Website or information published on this Website.
7. Disclaimer
You acknowledge and agree that your use of the Website is at your own risk. The Website is provided on an “as is” and “as available” basis, without warranties of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose or non-infringement. You release IMG from all liability for your inability to access the Website or any content therein.
8. Indemnity
You shall, and hereby do, release and indemnify, defend and hold harmless IMG, and its parents, subsidiaries, affiliates and agencies, as well as the officers, directors, employees, shareholders and representatives of any of the foregoing entities, from and against any and all losses, liabilities, expenses, damages, costs (including attorneys’ fees and court costs) claims or actions of any kind whatsoever related to, arising out of, or resulting from, the Website, whether based on your use of the site or not, your violation of these Terms, and any of your acts or omissions. IMG reserves the right, at its own expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you agree to cooperate with IMG in the defense of such matter.
9. Disclaimers
YOU ACKNOWLEDGE AND AGREE THAT YOU ASSUME FULL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE. YOU ACKNOWLEDGE AND AGREE THAT ANY INFORMATION YOU SEND OR RECEIVE DURING YOUR USE OF THE WEBSITE MAY NOT BE SECURE AND MAY BE INTERCEPTED OR LATER ACQUIRED BY UNAUTHORIZED PARTIES. YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT THE WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER IMG, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES NOR ITS SUPPLIERS OR LICENSORS WILL BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER TANGIBLE OR INTANGIBLE LOSSES OR ANY OTHER DAMAGES BASED ON CONTRACT, TORT, STRICT LIABILITY, INFRINGEMENT OF INTELLECTUAL PROPERTY OR THEFT OR MISAPPROPRIATION OF PROPERTY OR ANY OTHER THEORY (EVEN IF IMG HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE WEBSITE; THE USE OR THE INABILITY TO USE THE WEBSITE; UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEBSITE; ANY ACTIONS IMG TAKES OR FAILS TO TAKE AS A RESULT OF COMMUNICATIONS YOU SEND; HUMAN ERRORS; TECHNICAL MALFUNCTIONS; FAILURES, INCLUDING PUBLIC UTILITY OR TELEPHONE OUTAGES; OMISSIONS, INTERRUPTIONS, LATENCY, DELETIONS OR DEFECTS OF ANY DEVICE OR NETWORK OR PROVIDERS; ANY INJURY OR DAMAGE TO COMPUTER EQUIPMENT; INABILITY TO FULLY ACCESS THE WEBSITE, OR ANY OTHER WEBSITE; THEFT, TAMPERING, DESTRUCTION, OR UNAUTHORIZED ACCESS TO, IMAGES OR OTHER CONTENT OF ANY KIND; DATA THAT IS PROCESSED LATE OR INCORRECTLY OR IS INCOMPLETE OR LOST; TYPOGRAPHICAL, PRINTING OR OTHER ERRORS, OR ANY COMBINATION THEREOF; OR ANY OTHER MATTER RELATING TO THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
IMG HEREBY EXPRESSLY DISCLAIMS, WAIVES, RELEASES AND RENOUNCES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, IMG, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES , AND LICENSORS DO NOT REPRESENT OR WARRANT TO YOU THAT: (I) YOUR ACCESS TO OR USE OF THE WEBSITE WILL MEET YOUR REQUIREMENTS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR, (III) USAGE DATA PROVIDED THROUGH THE WEBSITE WILL BE ACCURATE OR COMPLETE, (III) THE WEBSITE OR ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE ON OR THROUGH THE WEBSITE, ARE FREE OF BUGS, VIRUSES OR OTHER HARMFUL COMPONENTS, OR (IV) THAT ANY DATA THAT YOU DISCLOSE WHEN YOU USE THE WEBSITE WILL BE SECURE.
YOU ACCEPT THE INHERENT SECURITY RISKS OF PROVIDING INFORMATION AND DEALING ONLINE OVER THE INTERNET, AND AGREE THAT IMG, ITS AFFILIATES, DIRECTORS, OFFICERS AND EMPLOYEES HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY BREACH OF SECURITY UNLESS IT IS DUE TO OUR GROSS NEGLIGENCE.
10. Limitation of liability
YOU UNDERSTAND AND AGREE THAT IMG, ITS AFFILIATES, OFFICERS, EMPLOYEES, DIRECTORS, AND LICENSORS WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES WHICH YOU MAY INCUR, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF PROFITS (WHETHER INCURRED DIRECTLY OR INDIRECTLY), LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR ANY OTHER INTANGIBLE LOSS, EVEN IF IMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT OUR TOTAL, AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR ACCESS TO OR USE OF (OR YOUR INABILITY TO ACCESS OR USE) ANY PORTION OF THE WEBSITE, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, IS LIMITED TO THE GREATER OF (A) THE AMOUNTS YOU ACTUALLY PAID US UNDER THESE TERMS IN THE 12 MONTH PERIOD PRECEDING THE DATE THE CLAIM AROSE, OR (B) $100.
YOU ACKNOWLEDGE AND AGREE THAT IMG HAS MADE THE WEBSITE TO YOU AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, WHICH REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN THE PARTIES AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US. IMG WOULD NOT BE ABLE TO PROVIDE THE USE OF THE WEBSITE TO YOU WITHOUT THESE LIMITATIONS.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, AND SOME JURISDICTIONS ALSO LIMIT DISCLAIMERS OR LIMITATIONS OF LIABILITY FOR PERSONAL INJURY FROM CONSUMER PRODUCTS, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO PERSONAL INJURY CLAIMS.
11. Links
The Website provide, or third parties may provide, links to other World Wide Web or accessible sites, applications or resources. Because IMG has no control over such sites, applications and resources, you acknowledge and agree that IMG is not responsible for the activities or content of such external sites, applications or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that IMG shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
12. Entire agreement
These Terms (and any additional terms, rules and conditions of participation that IMG may post on the Website) constitute the entire agreement between you and IMG with respect to the Website and supersedes any prior agreements, oral or written, between you and IMG. In the event of a conflict between these Terms and the additional terms, rules and conditions of participation, the latter will prevail over the Terms to the extent of the conflict.
13. Statute of limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
14. Jurisdiction and governing law
These Terms and Conditions are governed by and construed in accordance with the laws of the Repúblic Oriental of Uruguay. Any dispute arising out of or in connection with these Terms and Conditions shall be submitted to the exclusive jurisdiction of Montevideo City, Uruguay.
15. Communications
Users with questions, complaints or claims with respect to the Website may contact us using the relevant contact information set forth above and at [info@imedicinesgroup.com].