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.ecademy.merzaesthetics.co.uk the “Website”.
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).
- Parts of the Website are reserved for UK and Republic or Ireland healthcare professionals and require a prior registration (“Registered Users”).
- In order to register you must be a natural person with full legal capacity and a recognised healthcare professional in the UK or the Republic of Ireland.
- In the case of the Ecademy, you must be registered with an applicable governing body permitting you to practice as a doctor, dentist or nurse in the UK or Republic of Ireland.
- Registration or acceptance of registration does not affect any professional limitations that may be placed on a healthcare professional by legislation, regulation, professional standards, rules and policies.
- To benefit from our services you may be required to submit personal data to our Website, such as your name, email address, phone number, profession, professional registration number and clinic name and address (together the “Registration Data”). You are also required to choose a user name and password (together the “Log-in Information”).
- We are entitled to request relevant proof of your entitlement to use the restricted sections of the Website and that you are a healthcare professional (for example, your professional registration number).
- All Registration Data must be complete and accurate. You are required to update your Registration Data if it changes.
- We reserve the right to decline registration or activation in case of the suspicion of fraud or falsity of personal information. No right to registration and/or activation exists.
- You will receive an email containing a link you are required to activate to confirm your registration. Only after successful confirmation of your registration you are able to access and use the parts of the Website that are reserved for Registered Users only (the “Registered Access”). This validation process may take up to 72 hours.
- As soon as a precondition for becoming a Registered User (e.g. being a healthcare professional) no longer exists, you must immediately notify us by sending an email to firstname.lastname@example.org and your right to use the Access ceases automatically.
- You may register only once to use the Website. We reserve the right to close any additional accounts a Registered User may register on any Website.
Using the Website and the Log-in Information
- You are required to keep your Log-in Information secure at any time and must not share it with other third parties, in particular where legislation restricts access to product or professional information by lay persons. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised use of your Log-in Information by a third party, or of any loss, theft or disclosure of your Log-in Information, you must immediately notify us.
- Your Access is personal to you and you may not disclose, assign or otherwise transfer your Access and/or Log-in Information to any other person or entity.
- You are responsible for all transactions made through your Access, irrespective of whether you act negligently or wilfully.
- Use of your personal data Your personal data, as collected on our Website, will be processed in accordance with our Privacy Notice and Cookies Policy.
Guidelines for using the Website and/or Registered Access
When using the Website and/or the Registered Access, all illegal, harmful or otherwise inappropriate conduct,
including, but not limited to the following, is prohibited:
- Providing any incorrect or false data when accessing and/or using the Website;
- Sharing or making unauthorised copies of software, videos, documents, music, images and other content;
- Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions;
- Using unauthorised software designed to modify or otherwise inappropriately use the Website or any part of them;
- Gaining unauthorised access to any of our or third party service providers’ computers, hardware, equipment, servers or networks used to support the Website;
- Hosting, intercepting, emulating, reverse engineering any part of the Website or redirecting the communication protocols used as part of the Website, regardless of the method used to do so (unless explicitly permitted under applicable law);
- Posting, uploading or otherwise making available any content that infringes the rights of others, including any patent, trade mark, confidential information, copyright, or other intellectual property or proprietary rights; and
- Using or propagating computer viruses, worms, Trojan horses, trap door programs or any other malware whatsoever.
- When using the Website and/or the Registered Access, all illegal, harmful or otherwise inappropriate conduct, including, but not limited to the following, is prohibited:
- Third-Party Content The Website may contain links to other websites of the Merz Group and/or of other third party entities or may offer access to third party content of Merz Group and/or of other third parties. We have no control over the contents of those websites and assume no liability in this respect.
Limitation of liability
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.
- 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.
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:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
- 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.
- 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.
- Whether you are a consumer or a business user:
Termination of the Access
- Registered Users can terminate their Access at any time by sending an email to email@example.com or sending a letter to Ground Floor Suite B Breakspear Park, Breakspear Way, Hemel Hempstead, Hertfordshire, England, HP2 4TZ.
- We are entitled to terminate your Access by giving you one month’s notice.
- The termination of your Access for any reason will prevent your use of parts of the Website that are reserved for Registered Users and will lead to a termination of any and all licences granted in connection with your Access.
- 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. If you are a Registered User then we will notify you of the change by e-mail. If a Registered User does not object to these changes within four weeks after they have been notified to the Registered User, the changes will be deemed to be accepted by the Registered User. With the e-mail notification we will remind the Registered User that the changes will be deemed to be accepted if the Registered User does not object to these changes within four weeks after the notification. If the Registered User objects to the changes, we reserve the right to terminate the Access giving one month’s notice.
- We may also update and change our Website from time to time to reflect our users’ needs, changes in the law, regulatory requirements and our business priorities.
- We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
Reliance on information posted on our Website
- 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.
- 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.
- 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.
How you may use our Website
- We are the owner or the licensee of all intellectual property rights in our Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off a copy, and may download extracts, of any page(s) from our Website for your personal use and you may draw the attention of others within your organisation to content posted on our Website.
- You must not modify the paper or digital copies of any materials 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 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.
- Nothing on our 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.
- The following copyright notice must appear on every copy of the contents of our Website or a portion thereof: Copyright © 2021 Merz. All rights reserved.
Rules about linking to our Website
- 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 to our Website in any website that is not owned by you.
- 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.
- If you wish to link to or make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org.
- Trade Marks MERZ®, BOCOUTURE®, RADIESSE®, BELOTERO®, ULTHERAPY® and MERZ AESTHETICS® are trade marks of Merz Group. You are not permitted to use the marks without our approval.
- 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.