Terms and Conditions
1. Page ownership
This Site has been developed and is owned by the spanish company Almirall, S.A (hereinafter, “we”, “our” or “us”), whose registered address is Ronda General Mitre, 151, 08022, Barcelona (España) with CIF número A-58869389, registeret at Registro Mercantil from Barcelona, at Volumen 21795, Folio 32, Hoja n.º B-28089, and in the Ministerio de Sanidad, Servicios Sociales e Igualdad with 1889E number. www.almirall.com.
2. Access and use of the Site
The Site is addressed to healthcare professionals resident in spain and whenever you register yourself on the Site you acknowledge to us that you belong to this category. This Site is not available to patients, general public, minors (those under 18 years of age, or otherwise according to the applicable law), or individuals or organisations who cannot form legally binding contracts, conditions, obligations, representations and/or warranties under the applicable law. If you do not meet this requirement, please refrain from using the Site. You acknowledge to us that you do not have any conflict of interest using the Site and that you are not bound by any obligation which prevents you from using the Site.
4. Use of the Site
By adhering to the terms and conditions of this Agreement, you understand that the Site is available for your personal, non-commercial use only, and you agree that you will use the Site only for lawful purposes and in accordance with the Agreement and in full compliance of the applicable laws. We do not accept any liability and will not be responsible for any harm or loss you may suffer in relation to any use you make of the Site for business or commercial purposes or other purposes which are not specifically included in the authorised use of this Agreement. While using this Site you agree, among others:
- Not to register under a false name or use an invalid or unauthorised e-mail or physical address.
- Keep confidential the user name and the password and not to transmit them to others, as the case may be.
- Not to access the Site by using another user’s account.
- Not to download, reproduce, change, copy, distribute, sell or populate the content of the Site for any commercial use, or provide it to a commercial source, or erase or modify any part of the Site or its content, including the software.
- Refrain from altering, evading, or manipulating any protection device or security system that may be installed on the Site.
- Not to use this Site for unappropriated, unlawful, fraudulent or unauthorised purpose.
- Not to create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code of the Site.
- Not to submit material which may infringe third party intellectual property rights or privacy rights (without being the owner, licensee or otherwise legally authorised to do so) or which may result in breach of confidentiality undertakings assumed by you.
- Not to misuse the Site or interfere with it’s proper working by introducing viruses, trojans, worms, or other material which is malicious or technologically harmful.
- Not to send us unsolicited promotional materials (spam).
- Not to breach any applicable local, national or international law or regulation, and not to breach any kind of code of conduct which may be applicable to you.
6. Third party websites and content
7. Exoneration of liability
We inform you that the materials and information contained on this Site and in any electronic communication sent by this Site, have been included for informative purposes only, and are not sufficient for decision-making or adopting positions for specific cases. Moreover, it is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment. It cannot be used as replacement of professional advice and services from a qualified healthcare professional. We accept no liability for any damage caused or connected to the use of this information. Although we strive to keep the material contained in the Site duly accurate and updated, you must be aware that it might not constitute the most recent information about services offered by us and that we cannot be responsible for any damages or loss related to the accuracy, completeness and timeliness of the information of the Site. In this connection, the material may be modified, extended or updated without prior notice. We do not accept any liability for errors or omissions in the content of this Site or other contents that may be accessed through it, nor does we assume any right or undertaking to verify or oversee the content and information on this Site. Your use of the Site is free of charge. We shall not be liable for any damages, claims, expenses or other costs (including reasonable attorney’s fees) you suffer or incur using this Site or as a result of a third party claim relating to your use of this Site and the services provided herein, nor for any action taken according to the information provided on it. We accept no liability for any loss or damage caused by attack, viruses or other harmful material that may infect your computer equipment, programs or data due to your use of this Site or third party’s websites the link to which is included in this Site. We make reasonable efforts to make the Site available but from time to time we may need to interrupt, restrict your access to or withdraw contents. We will not be liable for any harm or loss to use derived from these actions. Your use of the Site is at your sole risk. The contents of the Site and the Program are provided “as is”, this meaning that we make no warranties, expressed or implied, including no warranties of merchantability, fitness for any particular purpose or non-infringement, except as expressly provided in this Agreement, in respect to the services provided through and the contents included in the Site. You expressly understand and agree that under no circumstances we or our affiliates, and any of the respective directors, officers, employees, or representatives will be liable for any direct, indirect, special, incidental, consequential, punitive or liquidated damages, including without limitation, any loss of profit, loss of data or loss of goodwill, howsoever caused. This exclusion of liability shall apply to the fullest extent permitted by the applicable laws.
You agree to hold us harmless and to indemnify us and our affiliates, and any of the respective officers, directors, employees, consultants, services providers and agents from an against any losses, costs, expenses, damages and other liabilities or claims (including reasonable attorney’s fees) arising from or relating to (1) your breach of this Agreement, (2) your use of the Site or (3) any claim from any third party alleging that your User content infringes such third party rights (including intellectual property rights).
9. EFPIA Disclosure Code (transparency)
As a pharmaceutical company and member of the European Federation of Pharmaceutical Industries and Associations (“EFPIA“) and theAssociation of British Pharmaceutical Industry (the “Association“) Almirall is required to document and publically disclose certain transfers of value (“ToV“) made to health care professionals and other relevant decision makers (“HCP”) and healthcare organisations (“HCO“), according to EFPIA HCP/HCO Disclosure Code and the ABPI Code of Good Practice (the “Code“). In case any of the services provided to you through the Site may be considered as a ToV under the Codes, we may ask you to be bound or sign additional documentation to get your consent for such disclosure on an aggregate or on an individual basis, as the case may be, which may include personal data information.
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or requests that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line. If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties. However, unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be impregnable or totally secure.
11. Additional conditions
Some of the services available through the website may be subject to specific conditions of Almirall or our services providers. In this connection, you will be requested to accept those specific conditions applicable to that particular service.
We may make changes to the terms and conditions to this Agreement from time to time so we encourage you to read them periodically.
13. Applicable law and jurisdiction
This Agreement shall be interpreted in accordance with the Spanish laws (excluding any rules governing choice of laws) and any legal proceedings arising from this Agreement will take place at the courts of Barcelona city.