Terms of Use


Merz Pharma UK Ltd (“Merz“, “we”, “us“), 260 Centennial Park, Elstree Hill South, Elstree, Hertfordshire,  D6 3SR, operates the website www.merz-institute.co.uk (the “Website”).

These Terms of Use apply to your use of the Website. By using our Website, you accept these Terms of Use and agree to comply with them. If you do not agree to these terms, please do not use this Website.


1.    Registration

1.1.   Parts of the Website are reserved for UK healthcare professionals and require a prior registration (“Registered Users”).

1.2.   In order to register you must be a natural person with full legal capacity and a recognised healthcare professional (i.e. medical practitioner/physician, nurse or dentist).

1.3.   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.

1.4.   To register, you are required to submit personal data, such as your name, date of birth, profession, discipline, registration number, practice address and email address (together the “Registration Data”). You are also required to choose a user name and password (together the “Log-in Information”).

1.5.   Merz is entitled to request relevant proof of your entitlement to use the Website and that you are a healthcare professional (e.g. Professional registration number, certificate of professional qualification).

1.6.   All Registration Data must be complete and accurate. You are required to update your Registration Data if it changes.

1.7.   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.

1.8.   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”).

1.9.   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 customerservices@merz.com and your right to use the Access ceases automatically.

1.10.   You may register only once. We reserve the right to close any additional accounts a Registered User may register on the Website.

1.11.   With registration on this Website you agree that the payment is processed by the external provider “Paypal”. Paypal will not use your data for any other than the payment process. Paypal and Merz have entered into a data processing agreement. Further information is available within our Terms of Sale. Merz reserves the right to change the external payment provider at any time.

 

2.    Using the Website and the Log-in Information

2.1.   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.

2.2.   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.

2.3.   You are responsible for all transactions made through your Access, irrespective of whether you act negligently or wilfully.

2.4.   Registered Users may have access to shopping services offered by us through the Website (the "Shopping Services"). The purchase of products and items through the Shopping Services is subject to the Terms of Sale.

 

3.    Use of your personal information

3.1.   Your personal information, as collected on this Website, will be processed in accordance with our Privacy Policy.  

 

4.    Guidelines for using the Website and/or Registered Access

4.1  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:

4.1.1   Providing any incorrect or false data when accessing and/or using the Website;

4.1.2   Conducting in any fraudulent activities, in particular in connection with transactions through the Shopping Services;

4.1.3   Sharing or making unauthorised copies of software, videos, documents, music, images and other content;

4.1.4   Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions;

4.1.5   Using unauthorised software designed to modify or otherwise inappropriately use the Website or any part of it;

4.1.6   Gaining unauthorised access to any of our or third party service providers’ computers, hardware, equipment, servers or networks used to support the Website;

4.1.7   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);

4.1.8   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;

4.1.9   Using or propagating computer viruses, worms, Trojan horses, trap door programs or any other malware whatsoever.


5.   Third-Party Content

5.1  The Website may contain links to websites of 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 sites and assume no liability in this respect.


6.   Limitation of liability

6.1   Whether you are a consumer or a business user:

6.1.1   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.

6.1.2   Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms of Sale.

6.2   If you are a business user:

6.2.1   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

6.2.2   In particular, we will not be liable for:

6.2.2.1   loss of profits, sales, business, or revenue;

6.2.2.2   business interruption;

6.2.2.3   loss of anticipated savings;

6.2.2.4   loss of business opportunity, goodwill or reputation; or

6.2.2.5   any indirect or consequential loss or damage.

6.3   If you are a consumer user:

6.3.1   Please note that we only provide our site for domestic and private use. You agree not to use our site 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.

6.3.2   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.

 

7.   Termination of the Access

7.1.   Registered Users can terminate their Access at any time by sending an email to customerservices@merz.com or sending a letter to Merz Pharma UK Ltd, 260 Centennial Park, Elstree Hill South, Elstree, Hertfordshire, WD6 3SR.

7.2.   We are entitled to terminate your Access by giving you one month notice.

7.3.   We may terminate your Access, at any time, without notice if you breach the terms of these Terms of Use. In case of minor breaches we will provide you with a prior warning outlining your non-compliance and give you an opportunity to remedy this. However, if your behaviour is unacceptable, we are is not required to provide you with such prior warning.

7.4.   The termination of your Access for any reason will prevent your use of parts of the Website that are reserved for Registered Users, including, but not limited to the Shopping Services, and will lead to a termination of any and all licences granted in connection with your Access, including licences you acquired through the Shopping Services.

 

8.   Change of Terms of Use and Website

8.1  A current version of these Terms of Use will always be available on the Website, identified at the top of the page by its effective date. We may change these Terms of Use at any time. In case of any changes, we will notify Registered Users 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 notice.

8.2  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.

8.3  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.

 

9.   How you may use our Website 

9.1  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.

9.2  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.

9.3  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.

9.4  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.

 

10. Rules about linking to our Website

10.1   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.

10.2   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. 

10.3   You must not establish a link to our Website in any website that is not owned by you.

10.4   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.

10.5   We reserve the right to withdraw linking permission without notice.

10.6   The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

10.7   If you wish to link to or make any use of content on our Website other than that set out above, please contact customerservices@merz.com.

 

11.   Trade Marks

11.1   MERZ®, BOCOUTURE®, RADIESSE®, BELOTERO®, ULTHERAPY® and CELLFINA® are trade marks of Merz Group. You are not permitted to use the marks without our approval, unless you are using it as part of material you are permitted to use under these Terms of Use.


12.   Miscellaneous

12.1   This Terms of Use together with the Terms of Sale and the documents referred to contain the entire understanding of the Parties with respect to the matters contained herein and therein. 


13.   Applicable Law and Jurisdiction

13.1   These Terms of Use shall be governed by and construed in accordance with the laws of England. We both agree to the exclusive jurisdiction of the courts of England. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in either the Scottish, Northern Irish or the English courts.