1. Acceptance of Terms

Your access to and use of UCB Pharma Limited’s (“UCB”) services on www.Zirtek.co.uk and any pages thereof (hereinafter referred to as the “Zirtek Site”) is subject to the following terms and conditions and all applicable laws. In addition, when using particular Zirtek Site services (the “Zirtek Services”), You and UCB shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms of Use. All information, images, videos, documents, products, trademarks, services, and other materials – including any software and link on the Zirtek Site – (hereinafter referred to as the “Content”) available on the Zirtek Site are subject to these Terms of Use.

By accessing and browsing the Zirtek Site, You accept, without limitation or qualification, these Terms of Use, which include the Zirtek Site Privacy Policy and Cookie Policy, and acknowledge that any other agreements regarding the use of the Zirtek Site between You and UCB are superseded and of no force or effect.

UCB may modify these Terms of Use at any time, and such modifications will be effective immediately after posting of the modified Terms of Use on the Zirtek Site. You are bound by any such modifications and should therefore periodically visit this page to review the then current Terms of Use to which You are bound. Your continued access to and use of the Zirtek Site after the modifications have become effective shall be deemed Your conclusive acceptance of the modified Terms of Use.

The Zirtek Site is directed to people residing in the United Kingdom. UCB do not represent that content available on or through our site is appropriate for use or available in other locations.

2. Violation of Provisions of these Terms of Use

If You violate any provision of these Terms of Use, Your permission to use the Service/Content automatically terminates, and You must immediately destroy any copies You have made of any parts of the Content irrespective of whether the copy is stored as a file, document, or otherwise.

If UCB determines, in its sole and absolute discretion, that You have violated any provisions of these Terms of Use, UCB may, in addition to and not in lieu or limitation of any other right or remedy, advise You that You have violated these Terms of Use, delete or remove any communications or contents furnished or posted by You, notify and/or send communications or content to and cooperate with all applicable law enforcement authorities in all countries, and/or take any other actions UCB deems appropriate.

3. General Restrictions

If the jurisdiction which is applicable to You does not legally permit the execution of these Terms of Use in whole or in any essential part (particularly but not limited to the provisions of the Governing Law and Jurisdiction, Indemnification, the Warranty Disclaimer, the Liability Waiver, and the Privacy Policy), or declares the access to Zirtek Site illegal, then You are not authorized to use Zirtek Site. If nevertheless You do use Zirtek Site, You do so entirely at Your own risk.

4. Modifications to Service/Content

UCB reserves the right at any time, and repeatedly, to modify or discontinue, temporarily or permanently, the Service/Content with or without prior notice. UCB will not be liable to You or to any third party for any modification, suspension, or discontinuance of the Service/Content. 

5. No Commercial Use of Service/Content

The Service/Content, use of the Service/Content, or access to the Service/Content or any elements of it may not be reproduced, duplicated, copied, sold, resold or exploited for any commercial purpose. 

6. Intellectual Property Rights

The Content of the Zirtek Site is the copyright property of UCB or its licensors. However, UCB does not own all trademarks which may be mentioned in the Content on the Zirtek Site.

You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Content You download. You should assume that everything You see or read on the Zirtek Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Zirtek Site without the prior written permission of UCB. UCB neither warrants nor represents that Your use of Content displayed on the Zirtek Site will not infringe on the rights of third parties not owned by or affiliated with UCB.

With the exception of the foregoing limited authorization, no license, to or right in, the Content or any copyright of UCB or of any other party is granted or conferred to You.

The Zirtek Site may contain or reference trademarks, patents, proprietary information, technologies, products, processes, or other proprietary rights of UCB and/or other parties. No license to, or right in, any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of UCB and/or other parties is granted to, or conferred upon, You.

You may freely browse the Zirtek Site, but You may only download Content from this Site, including but not limited to any text, images, audio, and video for non-commercial personal use if the relevant service does not mention any other restriction. You may not, however, distribute, modify, transmit, reuse, repost, or use the Content for public or commercial purposes without prior written permission of UCB, 208 Bath Road, Slough, SL1 3WE, United Kingdom. UCB’s status (and that of any contributors) as the authors of the Content on the Zirtek Site must always be acknowledged.

7. Privacy

Since UCB respects Your personal privacy, data protection is a very important issue to UCB, and Your data is treated in accordance with all applicable data protection legislation including but not limited to the Data Protection Act 2018 (DPA 2018) and UK GDPR. For details of UCB’s commitment to privacy, please refer to the Privacy Policy, which is incorporated by reference into these Terms of Use.

8. Warranty Disclaimer

You acknowledge and agree that UCB neither provides specific medical advice (e.g.: diagnosis and treatment related to individual and/or specific medical cases, second opinion for medical diagnosis and/or treatment, advice or recommendations regarding therapy), nor endorses nor guarantees the qualification, credentials, or appropriateness of any health care provider linked to, or advertised on, the Zirtek Site.

The intention of UCB is to provide You with information in order to improve the understanding of Your health. This service is intended for general consumer understanding and education only and is not a substitute for professional medical advice. Such specific medical advice will not be provided on any Zirtek Site and UCB urges You to consult with a qualified physician, nurse, or other qualified health care provider for diagnosis, treatment, and answers to Your personal questions.

While UCB uses reasonable efforts to ensure that the Content is accurate and up-to-date, the Content may contain technical inaccuracies or typographical errors. UCB reserves the right to make changes, corrections and/or improvements to the Content at any time without notice.

UCB makes no express or implied warranties, representations or endorsements of any kind whatsoever with regard to the Zirtek Site or with respect to any information, product, service, merchandise or other material provided on or through the Zirtek Site. UCB assumes no liability or responsibility for any errors or omissions in the Content. ALL CONTENT IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NONINFRINGEMENT. UCB DOES NOT GUARANTEE THE TIMELINESS, VALIDITY, COMPLETENESS OR ACCURACY OF INFORMATION MADE AVAILABLE TO YOU FOR ANY PARTICULAR PURPOSE.

Some jurisdictions do not allow the exclusion of implied warranties, so the previous exclusion may not apply to You.

UCB cannot and does not warrant or guarantee that files available for downloading through the Zirtek Site will be free of infections, viruses, worms, Trojan horses or other codes that contain contaminating or destructive properties. You understand and agree that You are solely responsible for implementing sufficient precautions, procedures, and checkpoints to satisfy Your own requirements for the accuracy of data input and output, and for maintaining means external to the Zirtek Site for the reconstruction of any lost data. UCB also assumes no responsibility for the loss of any information, data, or other material resulting from the use of the Zirtek Site. UCB makes no warranty or guarantee that the service will be uninterrupted, timely, secure, or error free.

9. Indemnification

You agree to indemnify, defend, and hold harmless UCB and any of its officers, directors, employees, agents, information providers, partners, advertisers, suppliers, and any of our successors, assigns or licensees, together with any of their respective officers, directors, and employees, from and against any and all damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), judgments, costs and expenses (including reasonable attorney’s fees), arising out of any and all claims by a third party relating to Your use of the Zirtek Site, or any breach or violation of these Terms of Use or any other term or condition contained on the Zirtek Site.

10. Liability Waiver

YOU AGREE THAT NEITHER UCB NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS, PARTNERS, ADVERTISERS AND SUPPLIERS SHALL BE LIABLE TO YOU OR ANY OTHER USER OF THE ZIRTEK SITE FOR ANY DIRECT, INDIRECT, EXEMPLARY, PUNITIVE, OR ANY OTHER MONETARY OR OTHER DAMAGES, FEES, FINES, PENALTIES, LOSS OF REVENUE, BUSINESS, OR LIABILITIES ARISING OUT OF, OR RELATING TO, IN ANY WAY TO THE ZIRTEK SITE OR SITES ACCESSED THROUGH THE ZIRTEK SITE, AND/OR CONTENT OR INFORMATION PROVIDED ON OR THROUGH THE ZIRTEK SITE. YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE ZIRTEK SITE IS TO STOP USING THE ZIRTEK SITE.

11. Dealing with Advertisers

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Zirtek Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between You and such advertiser. You agree that Zirtek Site shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings, or as the result of the presence of such advertisers on Zirtek Site.

12. Usage Rules

You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, charity requests, petitions for signatures, chain letters, letters relating to pyramid schemes, advertising etc. or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. UCB will fully cooperate with any law enforcement authorities or court order requesting or directing UCB to disclose the identity of anyone posting any such information or materials.

If UCB becomes aware that You have violated any of the terms and conditions contained in these Terms of Use, UCB may immediately take corrective action, including preventing You from using the services offered by UCB, and take down any information, data and content put on the Zirtek Site by You at any moment and without notice. UCB does not accept any liability derived from this action.

You agree to indemnify UCB, keep harmless, from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses arising out of or relating to any use of any discussions, chats, postings, transmissions, bulletin boards, and the like contained on the Zirtek Site, including any that may arise from a violation of this notice. Such claims shall include, but shall not be limited to, claims based upon trademark, service mark, trade name, copyright and patent infringement, trademark dilution, tortuous interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, misrepresentation or breach of warranty, or other injuries or damages to business.

13. Uploads

Any communication or material You transmit to the Zirtek Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary, subject, however, to our Privacy Policy. Anything You transmit or post becomes the property of UCB or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, UCB is free to use any ideas, concepts, know-how, or techniques contained in any communication You send to the Zirtek Site for any purpose whatsoever including, but not limited to, developing, manufacturing, and marketing products using such information.

14. Review of Postings and Uploads

UCB does not monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Zirtek Site, and is under no obligation to do so. UCB assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Zirtek Site. However, UCB reserves the right to block or remove communications or materials that it determines, in its sole discretion, to be unacceptable for UCB.

ANY MESSAGES, ADVICE, OPINIONS OR OTHER INFORMATION CONTAINED IN ANY DISCUSSIONS, CHATS, POSTINGS, TRANSMISSIONS, BULLETIN BOARDS, AND THE LIKE SHOULD NOT BE CONSTRUED AS PROFESSIONAL OR MEDICAL ADVICE OR INSTRUCTION.

15. Tell a Friend

This service shall only be used if You know that the addressee might be interested in receiving it. UCB has no obligation to forward any proposed article to the addressee.

16. Links

UCB has not reviewed any or all of the third-party websites which contain links to the Zirtek Site and is not responsible for the content of any such off-site pages or any other sites linked to the Zirtek Site. You may link to the Zirtek Site provided that its content is not displayed within a frame. UCB may, in its sole and absolute discretion, prohibit any further linking. In this event You have to delete the link within two days from UCB’s notice to You.

UCB accepts no liability for links from the Zirtek Site to others and, in particular, UCB is not responsible for the accuracy or legality of the content thereof. UCB accepts no liability deriving from a breach or omission in the privacy policy and/or terms of use of third parties.

17. User Representations

You present and warrant that You are at least 18 (eighteen) years of age and that You possess the legal right and ability to enter into this agreement and to use the Zirtek Site in accordance with these Terms of Use.

18. Miscellaneous

UCB’s failure to insist upon, or enforce, strict performance of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use to any party at any time without notice to You.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be not enforceable, then such provisions shall be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect.

These Terms of Use constitute the entire agreement between You and UCB relating to the subject matter hereof and supersede and merge herein any prior promises, agreements, or understandings between You and UCB relating to any of the subject matters of these Terms of Use.

These Terms of Use may not be modified, in whole or in part, except as described elsewhere in these Terms of Use. Anything contained on the Zirtek Site inconsistent with or conflicting with the provisions of these Terms of Use is superseded by the terms of these Terms of Use.

19. Governing Law and Jurisdiction

By accessing and using any services on the Zirtek Site, You and UCB agree that all matters relating to, and/or disputes arising out of Your access to, or use of, the Zirtek Site (including non-contractual disputes and claims) shall be governed by, interpreted, construed and enforced in accordance with the  laws of the England and Wales and shall be subject to the exclusive jurisdiction of the courts of the United Kingdom.

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