MAX Merz Aesthetics Exchange Terms of Use

You must read and agree to the Terms of Use in order to register for this website (“Site”). By using or accessing this Site, you agree to be bound by the following Terms:

Welcome to the MAX Merz Aesthetics Exchange website owned by Merz*. Merz Aesthetics is a specialty healthcare company that focuses on medical aesthetics. Merz offers online resources, such as this Site, to provide you general information about our products and services.

We provide these Terms of Use and our Privacy Notice to outline our relationship with you (the applicable Privacy Notice to your region, located at, www.merz-aesthetics.co.uk/privacy-notice/, is a part of these Terms of Use

THESE TERMS OF USE ARE A CONTRACT BETWEEN THE USER (“YOU”) AND MERZ AESTHETICS UK LTD. THIS CONTRACT GOVERNS YOUR USE OF THE SITE AND ANY AND ALL PAGES, OPTIONS, AND SERVICES ON THE SITE. PLEASE READ AND REVIEW THESE TERMS OF USE CAREFULLY. BY ACCESSING, BROWSING, OR USING (“INTERACTING”) THE SITE, YOU INDICATE THAT YOU ARE AT LEAST 18 YEARS OF AGE, ARE LOCATED IN THE UNITED KINGDOM, ARE A HEALTHCARE PROVIDER, AND HAVE READ AND EXPRESSLY AGREE TO ACCEPT AND ABIDE BY THE CONDITIONS IN THESE TERMS OF USE. WE RECOMMEND THAT YOU PRINT A COPY OF THESE TERMS OF USE FOR FUTURE USE. FURTHER, YOU ACKNOWLEDGE THAT MERZ AESTHETICS UK LTD. MAY CHANGE THESE TERMS OF USE AT ANY TIME WITHOUT NOTICE. YOU SHOULD REVIEW THESE TERMS OF USE EACH TIME YOU VISIT THE SITE. THE SITE IS DIRECTED TO PEOPLE AND ENTITIES LOCATED IN THE UNITED KINGDOM, AND WE DO NOT REPRESENT THAT CONTENT AVAILABLE ON OR THROUGH THE SITE IS APPROPRIATE FOR USE OR AVAILABLE IN OTHER LOCATIONS.

ANY USE OF THE SITE IN A MANNER INCONSISTENT WITH THESE TERMS OF USE IS UNAUTHORIZED AND MAY SUBJECT YOU TO CIVIL OR CRIMINAL PENALTIES. IF YOU VIOLATE THESE TERMS OF USE, MERZ AESTHETICS UK LTD RETAINS THE RIGHT TO SUSPEND OR TERMINATE ANY ACCOUNT YOU HAVE CREATED. IF YOU DO NOT AGREE TO ACCEPT AND ABIDE BY THESE TERMS OF USE, PLEASE EXIT THE SITE.

*As referred to in these Terms, the term “Merz” alone refers to only Merz Aesthetics UK Ltd. “Merz Aesthetics” means Merz Aesthetics UK Ltd and its affiliates under common ownership in the field of medical aesthetics, including but not limited to Merz Aesthetics GmbH, a German corporation.

1. Permitted Users.

1. Healthcare Provider. You must be a healthcare professional authorized in the United Kingdom to provide medical care.
2. Individuals 18 and older. You must be 18 or over years old to use this Site.
3. Unauthorized users. If you have been previously suspended or removed from the Site you must exit the Site.
4. Previously Barred. You may not use the Site and may not accept these Terms if you are a person barred from using the Site.

2. Legally Barred. You may not use this Site and may not accept these Terms if you are not located in the United Kingdom or Ireland.

3. User Responsibility.

1. You are accessing this Site at your own risk and are responsible for compliance with these Terms.
2. We will only use your personal information as set out in our Privacy Policy, www.merz-aesthetics.co.uk/privacy-notice/
3. Interacting with online third-parties. For your convenience, the Site may include links or references to third party Web sites or services (“Reference Sites”). Merz has no control over Reference Sites and does not endorse any information, materials, products, or services (“Reference Site Content”) contained on or accessible through Reference Sites. Merz is not responsible for: the content on Reference Sites, your use of Reference Sites, or the Privacy Policies of Reference Sites.

4. Prohibited Conduct. You agree that you will not, and will not permit anyone else to, directly or indirectly:

1. use the Site in any unlawful manner;
2. use of the Site for commercial purposes;
3. use the Site to transmit data, information, or other materials (“User Content”) that is unlawful or objectionable, including any material which is tortious, defamatory, libelous, slanderous, harassing, harmful, threatening, abusive, hateful, harassing, invasive of another’s privacy, vulgar, obscene, pornographic, profane, vulgar, offensive, lewd, scandalous, offensive, or racially or ethnically hostile;
4. use the Site to harm minors in any way, or to stalk, threaten, or otherwise violate the rights of others, including, without limitation, others’ privacy rights, or rights of publicity, or to harvest or collect personal information, including e-mail and IP addresses, about any user of the Site;
5. transmit any User Content that: (i) you do not have the right to transmit under any law or contractual or fiduciary relationships, including without limitation, any inside information or proprietary or confidential information; (ii) misappropriates any trade secret, violates the right of privacy of any party, infringes any patent, copyright, trademark, or other intellectual property right; (iii) constitutes unsolicited or unauthorized advertising or promotional materials, including, but not limited to “spam,” “chain letters,” or pyramid schemes; or (iv) contains any software routine, code, instruction, or virus that is designed to disable, delete, modify, damage, or erase software, hardware, or data (and in the case of any breach of (iv) you may be committing a criminal offence under the Computer Misuse Act 1990, and we will report any such breach to the relevant law authorities and we will cooperate with those authorities by disclosing your identity to them);
6. forge headers or otherwise manipulate identifiers in order to disguise any User Content displayed on or transmitted through the Site;
7. interfere with the Site, servers, or networks used in connection with the Site;
8. interfere with the ability of others to access or use the Site;
9. download, reproduce, duplicate, sell, resell, sub-license, distribute, publish or exploit for any commercial purposes any portion of the Site, any and all content, text, videos, graphics, images, data, images, design, compilation, look and feel, information, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Site Content”) without Merz’s prior explicit permission, or any User Content contained on or transmitted through the Site without Merz’s prior explicit permission;
10. use the Site in a way that is unfair, unlawful, or constitutes a deceptive business practice;
11. use any robot, spider, or other automatic device to monitor or copy portions of the Site or the Site Content without Merz’s prior written permission;
12. conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Site or the Site Content or any services provided via, or in relation to, the Site for any purpose, including the development, training, fine-tuning or validation of AI systems or models (and this should be treated as an express reservation of Merz’s rights, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790, however will not apply insofar as (but only to the extent that) Merz is unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to Merz);
13. include in any third-party website any hypertext link to any page or location within the Site without Merz’s prior written permission;
14. mirror or display the Site, Site Content, or any portion thereof in frames without Merz’s prior written permission;
15. use the Site to impersonate any person or entity, falsely claim an affiliation with any person or entity, or forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Site; or perform any other similar fraudulent activity, or express or imply that we endorse you, any image you produce, or any statement you make;
16. remove or alter proprietary notices, labels, copyright or other proprietary rights on or in the Site or Site Content;
17. reverse engineer, decompile, disassemble or otherwise attempt to discover the source code or structure, sequence and organization of the Site or any part thereof, except, and only to the extent, that such activity is expressly permitted by applicable law notwithstanding this limitation; or
18. otherwise use the Site in violation of any law, regulation, fiduciary relationship, or contract.

5. Legal rights. Merz reserves all rights not expressly granted in these Terms of Use. Merz may assign or deal in any other manner with all of its rights under these Terms of Use at any time without notice. Merz’s delay or failure to exercise, or the single or partial exercise of, any right or remedy under these Terms of Use is not a waiver of such right or remedy, nor does it prevent or restrict the further exercise of that or any other right or remedy by Merz. These Terms of Use do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Use.

6. Content.

1. No Medical Advice. The Site Content is provided for healthcare provider education purposes and is not intended to be a substitute for clinical judgment or decision making, or professional experience relative to treatment option of any medical condition. Merz does not provide medical advice. IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY OR NEED IMMEDIATE ASSISTANCE PLEASE CALL 999. The Site may contain information regarding some medical conditions and available treatments; such information is for educational purposes only. Any use of the Site or any of its services does not create a doctor-patient relationship. Before acting on any Site Content you agree that you will not substitute information on the Site for your own medical judgment.
2. YOU SHOULD REVIEW THE INSTRUCTIONS FOR USE FOR DETAILED INFORMATION REGARDING THE IMPORTANT SAFETY INFORMATION, INSTRUCTIONS FOR USE, CONTRAINDICATIONS, POTENTIAL ADVERSE EVENTS, WARNINGS, AND CAUTIONS PRIOR TO USING ANY MEDICAL DEVICE OR PRESCRIBING OR ADMINISTERING ANY DRUG.
3. You acknowledge that non-surgical cosmetic procedures are currently not subject to a licensing scheme within the United Kingdom, however such a licensing scheme is being considered and may be introduced in the future. Consumers of non-surgical cosmetic procedures should confirm that their practitioner is experienced, has received positive reviews for their work and carries appropriate insurance. Consumers should further check the CE marking of any product they use in connection with a non-surgical cosmetic procedure and should contact the MHRA if they have any concerns regarding those products.
4. Expert Advice or Opinion. The Site may contain or link to content identified as expert opinion or advice. This content reflects the opinion of the expert and may not necessarily reflect the opinion of Merz.
5. Content is general information only. Some portions of the Site provide information for specific audiences. The Site tailors information that you receive based on the way that you identify yourself as you enter the Site, however the content on the Site is provided for general information and is not intended to amount to advice on which you should rely. We do not guarantee that the information that you receive will reflect your needs or be relevant to you, nor will be approved for any overseas jurisdiction. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content contained in the Site.
6. The information contained in this Site and content may or may not reflect the most current developments (including regulatory developments); accordingly, information on the site is not promised or guaranteed to be correct or complete, and should not be relied upon as such. We do not guarantee that the Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access the Site. You should use your own virus protection software.
7. Intellectual Property. The Site is owned and operated by Merz. Merz is the owner or licensee of all intellectual property rights in the Site and all Site Content. The Site and Site content are protected by copyright law, trade mark law, international conventions, and other applicable intellectual property laws. Merz reserves all such rights and nothing in these Terms of Use, nor your use or transmission of the Site Content, shall operate to transfer the intellectual property rights of Merz Aesthetics UK Ltd or any of its affiliates to you or any other third party. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal use and you may draw the attention of others within your organisation to content posted on the Site. You may additionally take any other action specifically permitted on the Site. Merz uses third-party trademarks, trade dress, word marks, service marks, and logos appearing in the Site only to identify and describe the products and services of their respective owners. Merz neither claims nor implies ownership in, affiliation with, sponsorship in, nor endorsement of any third-party marks or the owner of the mark. You shall abide by additional copyright notices, information or restrictions contained in any of the Site Content access through the Site.
8. Unless specifically permitted within the site (such as attendance certificates), no content of the site may be copied, reproduced, framed, hyperlinked, republished, downloaded, uploaded, posted, transmitted, or distributed in any way. Copying or storing of any Site Content for other than personal use is expressly prohibited without prior permission from Merz, or the copyright holder identified in the copyright notice contained in the Site Content. Use of any robot, spider, other automatic device, or manual process to monitor or copy our Site pages or the Content is strictly forbidden.
9. You must not modify or use the Site Content (or modify any copy of the Site Content created in accordance with these Terms of Use) except as permitted by these Terms of Use, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. For purposes of these Terms of Use, the use of any Site Content on any other website or networked computer environment is prohibited.
10. Changes to the Site. Merz may update and change the Site or Site Content from time to time for any reason.

7. Registration and Account Security

1. Registered Users. Each registration covers only a single user. By using the Site and any services available on the Site, you agree to provide accurate, current and complete information about yourself or your company as requested on the Site registration form and to maintain and promptly update the information (including, in particular, your e-mail address) from time to time as necessary to keep the information true, accurate, current, and complete. If you provide information that is untrue, inaccurate, not current, or incomplete, or if you violate these Terms of Use, Merz may suspend or terminate your account and refuse any and all current or future use of the Site and any services provided through the Site.
2. Authority to Register. By creating an account you accept these Terms of Use and represent and warrant that you are 18 years of age or older. If you have created an account and accepted these Terms of Use on behalf of any business (such as a corporation, partnership, limited liability company or other organization) or other entity, you represent and warrant that you have legal authority to do so.
3. Account Security. After you register on the Site, you may receive a password for your use of the Site and any services offered on the Site. For account security, you are responsible for keeping your password confidential and you are responsible for all uses of your password and account. To log out of your account, please close the browser window at the end of each use. If you become aware of any unauthorized use of your password or account, please immediately notify Merz
   at gpr@merz.com. Merz cannot and will not be liable for any loss or damage arising from your failure to take reasonable steps to protect your account.

8. LIABILITY, No Guarantee or Warranties. Merz employs reasonable efforts to ensure that information on the Site is accurate, complete, and current, however, MERZ DOES NOT GUARANTEE OR WARRANT THE ACCURACY, CURRENTNESS, COMPLETENESS, RELIABILITY, USEFULNESS, OR DECENCY OF THE SITE OR ANY SITE CONTENT. If erroneous or otherwise inaccurate information is brought to our attention, a reasonable effort will be made to correct or delete it. Please report such problems to gpr@merz.com. MERZ DOES NOT MAKE ANY REPRESENTATION OR WARRANTY THAT YOUR ACCESS TO THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE. Merz may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. Merz does not exclude or limit in any way its liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by Merz’s negligence or the negligence of Merz’s employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

IF YOU ARE A BUSINESS USER, Merz excludes all implied conditions, warranties, representations or other terms that may apply to the Site or any Site Content. Merz 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, the Site; or use of or reliance on any Site Content. In particular, Merz 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: Merz only provides the Site for personal use. You agree not to use the Site for any commercial or business purposes, and Merz has no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. If Merz has supplied defective digital content and that content damages a device or digital content belonging to you and this is caused by Merz’s failure to use reasonable care and skill, Merz will either repair the damage or pay you fair compensation. However, Merz will not be liable for damage that you could have avoided by following Merz’s 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 Merz.

9. Service of Notice and Procedure for making claims of copyright infringement. Please report any violations of these Terms of Use to us at: gpr@merz.com. All notices, demands, or consents given by you to Merz under these Terms of Use must be in writing and will be deemed given when delivered to Merz at: gpr@merz.com. Any notices to you may be made either via e-mail or postal mail to the address that you provided in our records or via posting on the Site. If you believe in good faith that any of the Site Content infringes your copyright, please provide Merz’s copyright agent the following written information:

1. an electronic or physical signature of the copyright owner or individual authorized to act on behalf of the copyright owner;
2. a description of the copyrighted work that you claim has been infringed;
3. a description of where the infringing material can be found on the Site;
4. your address, telephone number, and e-mail address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. a warranty by you that the information in the notice is accurate and that you are the copyright owner, or are authorized to act on the owner’s behalf.

Merz’s copyright agent for notice of claims of copyright infringement can be reached at:
ATTN: Marketing Department at Aestheticsuki@merz.com

10. Jurisdiction. IF YOU ARE A CONSUMER, please note that these Terms of Use, their subject matter and their formation, are governed by English law. All parties to these Terms of Use agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland. IF YOU ARE A BUSINESS, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. All parties to these Terms of Use agree to the exclusive jurisdiction of the courts of England and Wales.

11. Severability. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be enforced to the fullest extent of the law, and all other provisions shall remain in full force and effect.

12. Comments and Questions. Merz invites your comments, questions, suggestions and ideas relating to the Site. You may direct communications to: gpr@merz.com. Please understand that Merz may not respond to your communication and any information that you share may not be kept confidential or secret (subject to Merz’s Privacy Policy). Furthermore, when sending information you agree to Merz using the information for any legal purpose (subject to Merz’s Privacy Policy) and without compensation to anyone.

M-MA-UKI-3628 date of preparation October 2024