Terms of Website Use and Acceptable Use Policy

Terms of Website Use

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

These terms tell you the rules for using our website www.nyxoid.com (our Site).

WHO WE ARE AND HOW TO CONTACT US

Our Site is operated by Mundipharma International Limited (“our”, “we” or “us”). We are registered in England and Wales under company number 02763367 and have our registered office at Cambridge Science Park, Milton Road, Cambridge, CB4 0AB. Our main trading address is 196 Cambridge Science Park, Milton Road, Cambridge, CB4 0AB. Our VAT number is GB 599 7822 57. We are a limited company.

BY USING OUR SITE YOU ACCEPT THESE TERMS

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them.

If you do not agree to these terms, you must not use our Site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

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

  • Our Privacy Notice, which set out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site, you warrant that all data provided by you is accurate.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our Site. When using our Site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our Site.

WE MAY MAKE CHANGES TO THESE TERMS

We may amend these terms from time to time by publishing modified terms and conditions on this Site. Every time you wish to use our Site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY CHANGE, SUSPEND OR WITHDRAW ACCESS TO OUR SITE

We may update and change our Site from time to time, including to reflect changes to our products, our users’ needs and our business priorities. While we use reasonable efforts to include accurate and up-to-date information in this Site, we make no warranties or representations as to its accuracy and accept no liability or responsibility for any errors or omissions in its contents.

We do not guarantee that our Site, 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 Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our Site, 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 must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal use and you may draw the attention of others within your organisation to content posted on our Site.

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.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

If you print off, copy or download any part of our Site in breach of these terms of use, 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.

INFORMATION ON THIS SITE

From time to time this Site may contain information related to various health, medical and fitness conditions and their treatment. Such information is not intended to be a substitute for the advice provided by a physician or other medical professional and you should not use the information contain in this Site for diagnosing a health or fitness problem or disease. Always consult a doctor and/or other medical professional with respect of any health concerns. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Site.

This Site contains information about products that may or may not be available in a particular country or region of this world, may be available under different trademarks in different countries and, where applicable, may be approved by government regulatory authorities for sale or use with different indications and restrictions in different countries.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our Site contains links to other sites and resources provided by third parties, these websites may have information that is appropriate only to the particular originating country or region where the website is based. These links are provided for your information only and should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

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 will not be liable for damages of any kind, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Site; or
  • use of or reliance on any content displayed on our Site.

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
  • direct or consequential loss or damage.

WE ARE NOT RESPONSIBLE FOR VIRUSES AND YOU MUST NOT INTRODUCE THEM

We do not guarantee that our Site will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform 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 that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site. You must not attack our Site 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.

RULES ABOUT LINKING TO OUR SITE

Links to this Site are not authorised without our express prior written permission. To obtain permission to link to this Site, please contact licensing@mundipharma.com.

WHICH COUNTRY’S LAWS APPLY TO THIS SITE AND TO ANY DISPUTES?

This Site is controlled and operated by us from our offices within England. Although the Internet is global in nature, the laws regulating the manner in which pharmaceutical companies convey medical or product information are country-specific.

The information in this Site is designed to comply with the laws of England and has been prepared with reference to the ABPI (Association of British Pharmaceutical Industry) Code of Practice for the Pharmaceutical Industry 2021, which sets the standards for information made available to the public and to HCPs in the UK. Though this Site is not directed at a UK audience, the ABPI Code of Practice is a well-established and reputable code, requiring high standards of conduct. You should not interpret anything on this Site as promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.

These Terms of Website Use, their subject matter and their formation, are governed by English law and any dispute arising out of or relating to these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) shall be brought before the competent courts of England and Wales.

If any provision of these terms of use is unlawful, void or for any reason unenforceable then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

REGISTERED TRADE MARK

NYXOID is a UK registered trade mark of Mundipharma AG. You are not permitted to use it without our approval, unless it is part of material you are using as permitted under How you may use material on our Site.

Acceptable Use Policy

This acceptable use policy sets out the terms between you and us under which you may access our website www.nyxoid.com (our Site). This acceptable use policy applies to all users of, and visitors to, our Site. Please note that our Site is not intended for use by children (under 16 years old).

Your use of our Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement our terms of website use, above. You warrant and represent that you possess the legal right, capacity and ability to agree to this acceptable use policy and the terms of use (referred to above), and will use our Site in accordance with them. Please also read our privacy notice regarding the use of your personal data collected through our Site.

PROHIBITED USES

You may use our Site only for lawful purposes. You may not use our Site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm adults and/or minors in any way.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards, as set out below.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our Site in contravention of the provisions of our terms of website use.
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our Site;
    • any equipment or network on which our Site is stored;
    • any software used in the provision of our Site; or
    • any equipment or network or software owned or used by any third party.

SUSPENSION AND TERMINATION

We will determine, in our discretion, whether there has been a breach of this acceptable use policy through your use of our Site. When a breach of this policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our Site, and may result in our taking all or any of the following actions:

  • Issue of a warning to you.
  • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
  • Further legal action against you.
  • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and we may take any other action we reasonably deem appropriate.

CHANGES TO THE ACCEPTABLE USE POLICY

We may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we make, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on our Site.

Date of Preparation June 2019.