Terms of Use

INTRODUCTION

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

OTHER APPLICABLE TERMS

These Terms refer to the following additional terms, which also apply to your use of our site:

1. Our Privacy Notice, which sets out how and why we may process any personal data we collect from you or that you provide to us.
2. Our Cookie Policy, which sets out information about the cookies on our site.

INFORMATION ABOUT US

Our site is owned and operated by Merz Therapeutics Nordics AB.

We only use your personal information in accordance with our Privacy Notice. Please take the time to read our Privacy Notice, as it includes important information.

CHANGES TO THESE TERMS

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 make, as they are binding on you.

CHANGES TO OUR WEBSITE

We may update and change our site from time to time to reflect changes to our products, our users’ needs and our business priorities. We do not guarantee that our site, or any Content on it, will be completely free from errors or omissions.

ACCESSING OUR SITE

Our site is made available free of charge.

We do not guarantee that our site, or any information on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice for business or operational reasons. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.

INTELLECTUAL PROPERTY RIGHTS

We are the owner or licensee of all intellectual property rights in our site, and in the material we publish on it (the “Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works asserts their moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the relevant works.

You may print off one copy, and may use small quotations extracted from any page(s) of our site for your personal use provided you acknowledge the appropriate site (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our site for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors.

You must not modify the paper or digital copies of any Content 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 site in breach of these Terms, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Nothing on this site 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 this site or a portion thereof: Copyright © 2021 Merz. All rights reserved.

RELIANCE ON INFORMATION POSTED ON OUR SITE

The Content is provided for general information only and is not intended to amount to advice on which you should rely. Our site may contain expert opinions, or information identified as expert opinion may be accessed from this site via a hyperlink. Such content represents the opinions of these respective experts. 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 any information on the Website.

We therefore disclaim all liability, to the fullest extent allowed by law and in accordance with section 10 below, and responsibility arising from any reliance placed on such information by any visitor to or member of our site, or by anyone who may be informed of any information on the Website.

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.

LIMITATION OF LIABILITY

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:

1. loss of profits, sales, business, or revenue;
2. business interruption;
3. loss of anticipated savings;
4. loss of business opportunity, goodwill or reputation; or
5. any indirect or consequential loss or damage.

IF YOU ARE A CONSUMER USER:

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.

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.

INFORMATION ABOUT YOU AND YOUR VISITS TO OUR SITE

We will only use your personal information as set out in our Privacy Notice.

VIRUSES, HACKING AND OTHER OFFENCES

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our site is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

LINKING TO OUR SITES

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 from any websites that are not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The websites from which you are linking must comply in all respects with the Content standards set out in these Terms.

If you wish to make any use of material on our site other than that set out above, please address your request to Nordics.office@merz.com.

LINKS FROM OUR SITES

Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the Content of those websites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

JURISDICTION AND APPLICABLE LAW

These Terms shall be governed and construed in accordance with the laws of Sweden. We both agree to the exclusive jurisdiction of the courts of Sweden.

COMPLIANCE WITH EXPORT RULES AND REGULATIONS

The Content, any software accessed via our site or your purchase of our products may be subject to export control laws and regulations and other applicable local laws. You agree to comply with any such applicable laws.

TRADE MARKS

MERZ^®, XEOMIN^® (botulinum toxin type A), are trade marks of the 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.

MISCELLANEOUS

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.

These Terms and any documents referred to contain the entire understanding between the parties with respect to the matters contained herein and therein.

CONTACT US

To contact us, please email Nordics.office@merz.com
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