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Terms of Service
This website (cphi-online.com), ("the Site") is owned and operated by UBMi BV, a company registered in the Netherlands, with Corporate Tax Identification Number 006264517, whose registered office is located at De Entrée, Alpha Tower, 1101 BH Amsterdam, The Netherlands ("the Company").
Your use of the Site is subject to the terms and conditions ("Terms") set out below. If you do not agree to these Terms, you must cease use of the Site immediately. We recommend that you print, store or save a copy of these Terms for your records. They are a legal agreement between the Company and you and can only be modified with our written consent.
We reserve the right to change the Terms at our discretion by changing them on the Site and you are advised to review the Terms regularly to ensure that you are aware of any changes. Your continued use of the Site after such changes are posted will be deemed agreement on your part to these Terms, as amended.
Within this document and other legal notices within the Site, the terms "we, "us" or "our" refer to the Company. The terms "you" or "your" refer to users of the Site.
2. Products & Services
The Site is for information purposes only. Intellectual property rights are widely held throughout the pharmaceutical sector and you should satisfy yourself that any product information, materials, products and services on this Site are free for use in the jurisdiction in which you operate. Nothing on the Site constitutes an offer to buy or sell products or services in any jurisdiction.
3. Accuracy of Information and Disclaimer
3.1 The Site presents information on suppliers in the pharmaceutical supply chain which they have supplied to the Site for their promotional purposes and those suppliers are responsible for the accuracy of the information displayed. The Site is provided on an "as is" and "as available" basis and we do not warrant the accuracy, completeness, reliability or timeliness of such information; nor do we warrant that it is fit for any particular purpose. If you have any concerns about the content on this site please contact CPhI Customer Service - Amsterdam - Cphicustomerservice@ubm.com
3.2 In particular, the Site may refer to ATC codes, these should not be taken as any recommendation for therapeutic use or medical advice in any specific circumstances.
3.2 The Company does not accept any liability for the veracity or accuracy of the information presented on the Site. We do not endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Site. Any opinions, advice, statements, services, offers, or other information or content on the Site are those of the authors or distributors and not of us. No advice or information obtained by you from the Site, whether written or oral, will create any warranty or other obligation on us not expressly stated in these Terms. The company strongly recommends users interested in purchasing products from a supplier featured on this site, make their own due diligence on the supplier and on the products before entering a commercial transaction.
4. Our Liability
4.1 The Company does not represent or warrant that the Site will meet particular requirements, or be available, accessible, uninterrupted, timely, secure or operate without error or that it will be free from viruses, worms, Trojan horses or other harmful elements.
4.2 You expressly acknowledge and agree that:
4.2.1 in no event will the Company, its officers, directors, employees or agents be liable to you in contract, tort (including negligence and breach of statutory duty) or otherwise for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the Company has been advised of the possibility of such damages) resulting from:1. the use or the inability to use the Site;
2. any misrepresentation made by any supplier on the Site;
3. your dealings with any supplier on the Site whether or not those dealings arise in response to an advertisement on the Site;
4. the cost of obtaining substitute goods and/or services resulting from any data, information or service obtained or messages received or transactions entered through an introduction from the Site;
5. unauthorised access to or alteration of your transmission or data;
6. statements or conduct of any supplier or third party that uses the Site; or
7. any other matter relating to the Site.
4.4 Any commercial transactions entered into by the user is with the supplier and not with the Company. The company is not a vendor, agent or conduit to the transaction. The Company accepts no liability for the quality, delivery, payment or any other aspect of the transactional relationship.
4.5 The information on the Site is not intended to address your particular requirements. Such information does not constitute any form of legal, tax or investment advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific investment, or other, decisions.
5.1 Copyright and all intellectual property rights in the content of the Site are either owned by or are licensed to the Company and the content is protected by such rights including, without limitation, by copyright and under trade mark laws. All content on the Site, including but not limited to designs, text, graphics, pictures, video, information, content, organisation, compilation, digital conversion, applications, software, sound and other files and their selection, arrangement and "look and feel" (the "Site Content") is and shall remain the property of the Company or of those suppliers or third parties whose content is licensed to the Company. If you believe that your intellectual property rights have been infringed, please notify us at CPhI Customer Service - Amsterdam - Cphicustomerservice@ubm.com and we will investigate.
5.2 No Site Content may be modified, copied, distributed, downloaded, posted, transmitted, reproduced, framed, republished or sold in any form or by any means, in whole or in part, without the Company's prior written permission. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing all or any of the material held within the Site (by spidering or otherwise).
5.3 You are granted a limited license to access and use the Site and the Site Content and to download and print one copy of any portion of the Site Content to which you have properly gained access solely for use within your organisation for the purpose of identifying business opportunities in the pharmaceutical sector.
6. Communications with other users
The Site may provide facilities which enable you to communicate with suppliers and other users of the Site. If you contact any other user of the Site, you shall ensure that:
6.1 to the best of your knowledge and belief, any such communication is truthful and accurate in all respects;
6.2 no such communication shall be inappropriate or objectionable; and
6.3 you shall immediately comply with any request from any other user that you stop communicating with them.
7. User Contributions
7.1 Any communications and/or other material which we receive from you (including without limitation by email and any material that you submit via the Site) ("User Material") will be deemed non-confidential and non-proprietary and we reserve the right to use User Material on the Site, any other website operated by us and in our offline publications where we consider this appropriate. You hereby grant to us a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, edit, and publish such User Material on the Site, any other website operated by us and in our offline publications and for all other commercial and non-commercial purposes related to our work. If you do not wish to grant such rights, then please do not submit any User Material to us.
7.2 By submitting any User Material, you:
7.2.1 warrant that such User Material is your own original work and that you are fully entitled to make it available to us for all the purposes specified above; and
7.2.2 agree to waive any moral rights in your User Material.
7.3 Under no circumstances should you submit any User Material:
7.3.1 that is knowingly false or misleading;
7.3.2 that is defamatory, illegal, abusive, vulgar, obscene, inflammatory, of a racist, sexist or other discriminatory nature, in breach of confidence or privacy or which is otherwise unlawful or offensive, or which might reasonably cause offence to any person or damage the reputation of UBM Limited. You must not use any abusive or aggressive language, swear, threaten, harass or abuse any other person, including other users;
7.3.3 which you do not own or for which you have not obtained all necessary licenses or approvals;
7.3.4 which is technically harmful including, without limitation, computer viruses, Trojan horses, worms, corrupted data, malicious software or harmful data
7.3.5 Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with any person or entity.
7.4 Any User Material submitted to us is submitted on the basis that we may review and edit such User Material prior to publication. We reserve the right to remove any User Material or part thereof published on the Site at any time and for any reason at our absolute discretion without notification to you.
7.5 You agree to indemnify, defend and hold harmless the company and its directors, officers and employees, from and against all liabilities, claims, demands, expenses and costs arising out of your submission of User Material which breach these Terms.
8.2 Please note in particular that if you choose to download content that has been provided by a third party, you may be transferring your personal data to that third party.
9.1 Any link to any other site from this Site, is independent from us and we have no control over the content of such independent website. Whilst we believe such sites may be of interest to you, we do not endorse or accept any responsibility for the content or the use of such websites. Links are therefore made at your own risk and we accept no liability for anything arising from your connection to a linked site. You must take your own precautions to ensure what is selected for use is free from any viruses, worms, Trojan horses or other items of a destructive nature.
9.2 Any link to the Site without our written permission is prohibited. Notwithstanding auhorisation to link to the site, linking to any page other than the initial start page of the Site is prohibited. Persons providing access to the Site via a link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or pressions created concerning the company. Authorisation by us to link to the Site is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorisation to link to the Site at any time and for any reason. Anyone providing access to, or information relating to the Site, whether by link or otherwise, is responsible for bringing these Terms to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
10. Access to the Site
10.1 You are responsible for making all arrangements necessary for you to have access to the Site.
10.2 Access to the Site is permitted on a temporary basis. We reserve the right to terminate your access to the Site or any part of it or to withdraw any of our services at any time, without notice, for any reason (including without limitation any breach of these Terms).
10.3 While the Company endeavours to ensure that the Site is normally available 24 hours a day, the Company shall not be liable if for any reason the Site is unavailable at any time or for any period.
11. Misuse of the Site
11.1 You must not alter, add to, delete, remove or tamper with the Site or any part of it or indirectly disrupt or interfere (or attempt to disrupt or interfere) with or alter the Site. You must not misuse the Site by knowingly introducing viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site.
11.2 You must not access the Site for unlawful use, including use which would constitute a criminal offence under English law. You hereby agree to on demand indemnify and keep the company indemnified for any costs, claims, liabilities, fines, expenses, demands, proceedings and losses whatsoever made against or incurred by the company as a direct or indirect result of your breach of this clause 11.2.
11.3 We will not be liable for any loss, disruption or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or to your downloading of any material posted on it, or on any website linked to it. We recommend that you take measures to protect the security of your computer including installing anti-virus software on to your computer.
12. Intellectual Property Rights Protection Policy and Infringement Complaints
12.1 This paragraph 12 outlines the Company’s procedures for dealing with notification of alleged infringements ("Infringement Complaint") relating to intellectual property rights ("IPR") by Users.
The Company has established these procedures to facilitate the co-operation between the Site and you.
The Company is not an arbiter or judge. In carrying out any action instigated by you in respect of IPR, the Company does not intend to make any decisions on whether such IPR are valid and subsisting. Conversely, should we decide not to carry out any action in respect of an Infringement Complaint, it is not endorsing the display or sale of such goods on the Site.
12.2. Our Handling of Infringement Complaints
Where a User has infringed the IPR of another User, the User alleging the infringement (the "Complainant") may proceed to initiate an Infringement Complaint against the alleged infringer (the "Alleged Infringer").
Upon receiving an Infringement Complaint, the Company shall require the Complainant to complete and sign a prescribed complaint form.
The Complainant must also provide the Company with all the necessary documentation and other relevant information in accordance with clause 3 below (the "Relevant Information") so that Cphi-online.com can adequately deal with the Infringement Complaint.
12.3. Relevant Information
In accordance with clause 12.2 above, the Relevant Information shall include, inter alia, the following documentation and information in respect of the Infringement Complaint.
Evidence of the Complainant's IPR ownership of the product or matter whose IPR are alleged to have been infringed (the "Infringed Product"):
In the case of copyright, this would include: registration certificates, evidence of the original creation, initial publication and the Complainant's ownership of copyright in the Infringed Product.
In the case of trademark rights, this would include: the certificate of trademark registration and other relevant documents issued by the applicable authorities in the Relevant Territory (as defined in clause 4 below) relating to the Infringed Product. In the case of patent rights, this would include: the certificate of patent grant (complete with all relevant claims, specifications and drawings), and other relevant reports, issued by the applicable authorities in the Relevant Territory (as defined in clause 4 below) relating to the Infringed Product.
In the case of registered design, this would include: certificate of registration of design issued by the applicable authorities in the Relevant Territory relating to the Infringed Product.
Any other evidence that the Company may require will depend on the specific facts of the case. For the avoidance of doubt, we shall have the sole and absolute discretion to determine what shall constitute appropriate evidence of the Complainant's ownership in the Infringed Product.
Certificate of due incorporation or registration of the Complainant company (where applicable).
Evidence of the infringement complained of in the Infringement Complaint including, but not limited to,photographs, samples, brochures, sales contracts and invoices.
Any pending litigation with the alleged Infringer in relation to the subject matter complained of. If applicable and available, legally valid and binding evidence (either originating from or legally recognised in the Relevant Territory) that the relevant activities concerned have infringed the Complainant's intellectual property right(s).
Such other relevant document as we may require.
12.4. Relevant Territory
We appreciate that many traders on the business-to-business ("B2B") platform reside or have registered their offices in various countries.
For the purpose of this paragraph 12, "Relevant Territory" shall mean the country / region where (i) the alleged infringement takes place or is likely to take place; (ii) the goods are manufactured; or (iii) the goods are sold.
The Company does not have the power or duty to verify the identities of each individual user, subject matter complained of or the source of these goods.
By initiating an Infringement Complaint and asking us to take action in accordance with this Policy in respect of the Infringement Complaint, the Complainant agrees to indemnify the Company against all claims or damages arising howsoever from our actions in respect of all matters in connection with this paragraph 12 of these Terms.
Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post. Failure by us to enforce a right does not result in waiver of such right. You may not assign or transfer your rights under this agreement. Nothing in these Terms is intended to, nor shall it, confer any benefit on a third party whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
14. Legal Jurisdiction and Dispute Resolution
14.1 English law shall apply to these Terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms (including non-contractual claims or disputes) and for those purposes the parties irrevocably submit all disputes to the exclusive jurisdiction of the English courts provided that the Company shall not be prevented from seeking any court order or judgment in any other court of competent jurisdiction. The place of performance shall be England.
14.2 The Site is a commercial website and as such, is not intended for children or minors.
15. Further Information
If you have any questions regarding these Terms, you may contact us at: De Entrée, Alpha Tower, 1101 BH Amsterdam, The Netherlands.
Or email CPhI Customer Service - Amsterdam - Cphicustomerservice@ubm.comJanuary 2019.