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LABOPHARM EUROPE LIMITED
Website Terms of Use and Data Protection Policy
WEBSITE TERMS OF USE

Please take a moment to read the following Website Terms of Use.  If there is anything you do not understand, then please Contact Us.
The LEL MEDICAL MARKETING MATERIALS INTRANET Website located at www.labopharm.eu (this “ Website ”) (including any and all articles, brochures, presentations, research results, business strategies, diagrams, images, graphics, videos, soundtracks and any other content, information or materials provided within it) (the “ Materials ”) is provided by Labopharm Europe Limited (“ LEL ” or “ we ”, “ us ” or “ our ”) for providing our distribution partners (“ Distributors ”) with information about LEL's once-daily Tramadol incorporating Contramid™.
In these Website Terms of Use, any references to “you” or “your” (unless the context suggests otherwise) means both the individual accessing the Website and the Distributor for whom he or she works (whether as an employee or consultant), and each shall be jointly and severally liable to us under these Website Terms of Use.

Acceptance Of the Website Terms of Use

Your access and use of this Website, including any Materials, is subject to your acceptance of, and compliance with, the provisions of these Website Terms of Use, which incorporate our Data Protection Policy (which you should also read) and any other legal notices and/or instructions which may appear on the Website  from time to time (together these “ Website Terms of Use ”). 
IMPORTANT:   By accessing and using the Website, you will automatically be assumed to have read, understood and accepted these Website Terms of Use both on your behalf and on behalf of your employer the Distributor . 
If there is anything you do not understand in these Website Terms of Use please Contact Us.
If you do not agree to be bound by these Website Terms of Use please cease to access and use the Website (including any Materials you have copied or downloaded).
Where  you are a Distributor, if there are any inconsistencies between the distribution agreement we have entered into with you (“Distribution Agreement”) and these Website Terms of Use, then in relation to your use of the Website, these Website Terms of Use shall prevail, and otherwise the Distribution Agreement shall prevail.

Your use of this Website

IMPORTANT :  You may only use this Website (including the Materials) for lawful purposes, and in any event in accordance with these Website Terms of Use.
You agree:

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    • to comply with any legal notices contained on the Website;
    • to respect and comply with the legal rights of others, in particular our rights (including our rights in copyright and trade marks), and the rights of our licensors;
    • to use this Website only for the purposes of obtaining information relevant to the marketing of LEL's once-daily Tramadol product (the “Product”), pursuant to a distribution agreement between yourself as Distributor for a particular territory and LEL
    • not to use this Website for any personal commercial gain, nor to sell or trade in any of the Materials copied or downloaded from this Website; and
    • not to change any of the text or images contained in the Website or merge it with any other text or images, or forge headers or otherwise manipulate identifiers in order to disguise the origin of any of the content on the Website.

Availability of the Website

While we endeavour to ensure that this Website is generally available, we make no representation or guarantees on such availability.
Since you will receive the Website via third party telecommunications networks, you acknowledge that we cannot guarantee that the availability of the Website will be uninterrupted or error free.  Similarly, we cannot guarantee that the transmission of any information over such telecommunications networks will be secure, nor that you will be able to access the Website at all times.
You confirm that we shall not be liable to you for any failure on our part to repair any faults in the Website or failure to provide continuous access to it, nor for any inability on your part to access the Website, whether through any denial of service attack or otherwise.
We reserve the right to withdraw access to all or any part of the Website for periods of time to modify its content, scheduled or emergency maintenance and other purposes, without notice to you.
You are responsible for the provision of and payment for all telecommunications services necessary to use the Website, and all hardware, equipment and other services (including but not limited to computers, modems and any other communication equipment) necessary to use the Website.
IMPORTANT : the Website is therefore provided to you on an “ as is ” and “ as and when available ” basis, and your use of the Website is at your own risk.

Registration and use of your data

In order to access this Website you must be a “Registered User”.
In order to become a Registered User, you must work (as an employee or consultant) for a Distributor who has first notified us in writing that you are to be given access to the Website.  You will then be issued with a Username and Password.
When registering on the Website or submitting personal details when you are contacting us, you agree to provide accurate, up-to-date and complete information about yourself, (as prompted by the Website) (" Your Data ") and to promptly update Your Data as and when appropriate.
In return we agree to use your Data only in accordance with our Data Protection Policy .
You are responsible for keeping your Password confidential and will take all necessary steps to ensure that it is kept secure and not disclosed to any other person. 
Where you are a Registered User and you cease to work (as an employee or consultant) for the applicable Distributor, then you and the Distributor must immediately notify us (Contact Us [ insert link ]) of this fact so that we can remove your rights of access and you must cease accessing any part of the Website.
IMPORTANT :  If you know or suspect that your Password has been disclosed to any other person you must Contact Us immediately and change your Password.  Please note that you are responsible for all activities that occur under your Password.

Distributors

Each Distributor must have a person registered with us as its Registered User.
If a Distributor wishes to nominate any person to become a Registered User then it must notify us in writing of the name and position of such person within the organization of the Ditributor.
All Registered Users are granted the same access to the Website and Materials.
If a Distributor wishes to restrict the use any of its Registered Users may make of the Website, then it is responsible for notifying such restrictions to its Registered Users, and for enforcing such restrictions.  For the avoidance of doubt, we shall not be responsible to either the Distributor or any Registered User in relation to any restrictions other than those set out in this Website Terms of Use.

Ownership and Licence

You acknowledge that all rights in copyright, patents, design rights, trade marks and other intellectual property rights (whether registered, capable of registration or otherwise) throughout the world, for the full duration of such rights (including all extensions and renewals) (“ IP Rights ”) in the Website (including in the Materials) are owned by us, our licensors, or third parties where indicated.
Except for your use of the Website in accordance with these Website Terms of Use, you are granted no IP Rights in respect of its content.
You may display on your computer, print, copy, and download the Materials provided always that:

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    • it is for the purposes set out below;
    • LEL is the acknowledged source;
    • all titles credits and URLs are included; and
    • you comply with any legal notices contained in the Website.

You may not sub-licence this permission, and it is revocable by us at any time. 
Those Materials which are marked as “confidential” are the “Confidential Materials” all other Materials are “Discloseable Materials”.
The Purposes for which you may display on your computer, print, copy, and download the Materials are as follows:

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    • Distributors may only use the Confidential Materials internally and for the purpose of the Distributor's business planning in relation to its purchase and sale of Tramadol Contramid in its “Territory” (set out in the Distribution Agreement), including planning any marketing strategies of Tramadol Contramid.  For the avoidance of doubt Confidential Materials must not be disclosed to any third party.
    • Distributors may use and disclose the Discloseable Materials externally but only for the purpose of advertising and promoting Tramadol Contramid to medical practitioners in their respective Territories, as defined in their respective Distribution Agreements.

You shall indemnify LEL against any loss or damage suffered by us as a result of any use or disclosure of any Materials by you in breach of the Website Terms of Use, including any damage to LEL's reputation.

Trade Marks

All trade marks, logos, titles, brand and product names (our “ Trade Marks ”) which are featured in the Website are owned by us or our licensors.
You may only use or refer to our Trade Marks which are included in any Materials downloaded, copied or printed by you in accordance with these Website Terms of Use.  Otherwise you must not offer or distribute any products or services under or by reference to our Trade Marks, or otherwise reproduce any of our Trade Marks without our express written consent.
This is without prejudice to any rights you may have to use our Trade Marks under the Distribution Agreement.

Confidentiality

You agree that you will not use or disclose any Confidential Materials except in accordance with these Website Terms of Use and for the Purposes set out above, except to the extent:

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    • we have given our express written consent; or
    • the content of such Confidential Materials has come into your possession or into the public domain other than through a breach by you or any third party of an obligation of confidentiality; or
    • you are required to disclose such Confidential Materials by law or Court Order and you have given us as much prior written notice as is reasonably practicable in the circumstances.

Where you are a Distributor, you will only share Confidential Materials with Registered Users and other employees, counsel and consultants on a reasonable need to know basis, and who are bound by obligations no less stringent than those in these Website Terms of Use.

Links

The Website contains links to Websites which are not under our control.  These links are provided for your convenience only.  We are not responsible for the availability or content of such other Websites, nor for any products or services available from them. Any such link should not be seen as an endorsement of such Websites, or any products or services contained on them.
You should be aware that your use of such other Websites may be subject to additional terms and conditions (and privacy policies) imposed by the owners of such Websites.  Your dealings with such third parties is a matter for you and the third party, and we accept no liability as a result of you accessing such Websites or entering into contractual arrangements with the operator in question.

Modifications to these Website Terms of Use

These Website Terms of Use (including the Data Protection Policy ) may be amended from time to time, and we therefore suggest that you review it periodically.

Disclaimers

IMPORTANT : The Materials are provided for information purposes only and should not be relied upon without taking your own independent advice.
While we endeavour to ensure that the Materials are accurate, appropriate and up-to-date, you should note that:

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    • we make no representations, warranties or endorsements about either the Materials or their accuracy (including in relation to any opinions or recommendations given); and
    • anything on this Website is for information purposes only and does not constitute health advice, business, legal or professional advice and should not be treated as a substitute for your own knowledge skill and research and the advice of your own professional advisers.  Patients should always consult their own doctor with respect to their own health. 
    • Accordingly we recommend that before relying on any information on this Website you independently verify its accuracy.  You accept that you will have no claim or cause of action whatsoever against us in respect of any inaccuracy  or unsatisfactory quality of any information contained in the Website.

IMPORTANT :  Please note that you are solely responsible for any decisions you take based on the information contained in the Website, including the Materials.

Although we cannot guarantee the prompt editing or removal of any inappropriate or inaccurate Material, if you find any Material that is inaccurate or inappropriate, please Contact Us.
While we use virus checkers to check the content of the Website, we are unable to guarantee that it is virus and/or error free.  You should always check any content before downloading.  Any Materials are downloaded by you at your own risk, and on the basis that you will be solely responsible for any damage to your computer system or loss of data that result from the download of such content.
IMPORTANT: You agree that, unless we specifically state otherwise, we provide this Website (including the Materials) to you without any conditions, warranties, or guarantees, whether express or implied, including but not limited to any implied warranties or conditions as to the satisfactory quality or fitness for a particular purpose, which are expressly excluded to the extent permitted by law.

Liability

Your  liability to us and ours to you shall be governed as set out in the relevant Distribution Agreement.
IMPORTANT : You acknowledge that, on the basis of the nature of this Website, that we do not make any additional charge for the use of it and that all the disclaimers and limits on our liability contained in these Website Terms of Use are fair and reasonable.

Termination

We are entitled to revoke any Registered Users' access to the Website or any Materials at any time:

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    • where you have materially or persistently breached these Website Terms of Use; or
    • in any event on one week's notice.

We are entitled to revoke any Distributors' access to the Website or any Materials at any time:

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    • where the Distributor or any of its Registered Users have materially or persistently breached these Website Terms of Use; or
    • the Distribution Agreement has terminated or expired (howsoever occurring); or
    • in any event, on at least one month's notice,

and upon termination all of its Registered Users shall automatically cease to be Registered Users.

General

Please note the following:

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    • any failure or delay by us to bring legal proceedings in relation to the Website, the Materials or these Website Terms of Use shall not be regarded as a waiver of any rights. If we do waive any such rights, this shall not be regarded to be a waiver of any other or future rights we may have;
    • if any paragraph, or part of any paragraph, of these Website Terms of Use is found by any Court, or other competent body to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable, that part shall be deemed to be severable from these Website Terms of Use and the remaining provisions of these Website Terms of Use shall continue in full force and effect;
    • these Website Terms of Use are not intended, nor shall they operate, to create a partnership or joint venture of any kind between us and you, and you are not authorised to act as our agent;
    • no term of these Website Terms of Use shall be enforceable by a third party, whether under the Contracts (Rights of Third Parties) Act 1999, or otherwise;
    • Distributors may serve any formal notice on us, and we may serve any formal notice on them in accordance with the notice provisions in the Distribution Agreement.
    • any individuals may serve any formal notice on us using the contact details at Contact Usand we may serve a formal notice on you, by either first class post or email to the contact details you submitted upon registration (as may be updated by you from time to time) and such notice will be regarded as formally received by the other on the next day that is not a weekend or a public holiday;
    • the Website Terms of Use represents all the terms and conditions of your agreement with us that arises automatically when you use the Website (or any Materials), and supersedes any previous agreements between us relating to your use of the Website.
    • If there are any inconsistencies between our Data Protection Policy or any legal notices or instructions, and the terms and conditions set out on this webpage, then the latter shall prevail;
    • you acknowledge that (in relation to your use of the Website) you have not relied on, and shall have no remedy in respect of, any statement, representation, warranty or understanding made by us or on our behalf (whether or not made negligently) other than those expressly set out in these Website Terms of Use; and
    • these Website Terms of Use shall be interpreted in accordance with English Law and you and we submit to the exclusive jurisdiction of the English Courts.

You can contact us by sending an e-mail message to: europe@labopharm.com
Or by writing to us at:

LABOPHARM EUROPE LIMITED
5, The Seapoint Building
44 Clontarf Road
Dublin 3
Ireland

 

DATA PROTECTION POLICY
Please take a moment to read the following Privacy Policy.  This should be read in conjunction with our Website Terms of Use .  Please note that words which are defined in our Website Terms of Use also apply to this Privacy Policy.  If there is anything you do not understand then please Contact Us. 

This Privacy Policy

Labopharm Europe Limited (“LEL”) is committed to protecting your privacy online.  This Privacy Policy sets out how we treat your personal information, allowing you to make informed choices about the personal information that you provide us via our Website www.labopharm.eu or otherwise.
IMPORTANT: By submitting any personal information to us via or in relation to the Website you will automatically be taken to have read, understood and accepted this Data Protection Policy. 
This Data Protection Policy may be amended from time to time, and we therefore suggest that you review it periodically.

What we mean by personal information

Personal information means any data from which we can identify you and which concerns you (including information such as your name, postal address, email address and password).  All such personal information that we obtain from you in relation to our Website will be dealt with in accordance with the provisions of this Data Protection Policy.

Personal information that we collect

We collect personal information from you in a variety of ways, including when:

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    • you are registering or updating your details on the Website;
    • otherwise contacting LEL with comments, complaints or queries in relation to the Website.

If you choose to withhold any requested information, we may not be able to provide you with access to the Website.
We also collect information about you using Cookies.  Please see below for more information About Cookies

How we use your personal information

Your personal information is used by us in the following ways:

  • So that we can provide you with access to the appropriate parts of the Website and permit you to download appropriate Documents from it.
  •  We may use information provided by you (such as what you think about our Website and improvements that you would like to see made) so that we can improve the Website and the facilities available on it.

Disclosure of personal information

We reserve the right to give your personal information to a third party without your consent where:

  • the disclosure is required by law, such as where there is a court order, or statutory obligation requiring us to make such a disclosure; and/or
  • we believe that such disclosure is necessary to assist in the prevention or detection of any criminal action (including fraud), to protect the health or wellbeing of you or another person, or is otherwise in the overriding public interest, and is permitted by law.

How we protect your personal information

We are strongly committed to data security and we take reasonable and appropriate steps to protect your personal information from unauthorised access, loss, misuse, alteration or corruption.  We have put in place physical, electronic, and managerial procedures to safeguard and secure the information you provide us.
These steps include [communicating this Data Protection Policy to our employees and relevant contractors.  Only authorised employees and contractors under strict controls will have access to your personal information.
However, while we strive to protect your personal information, due to the nature of the internet we cannot guarantee the security of any information you transmit to us.  With this in mind, we urge you to take every precaution to protect your personal information while you are on the internet.

How long we keep your personal information

Where you are a Registered User, we will keep and use the personal information contained in your Registration for as long as you continue to be registered, and for at least 2 years afterwards, in order to deal with any consequent queries or complaints you may have.
If you cease to login to the Website for over 12 months then we will delete your registration.  If you wish to login to the Website after such period has elapsed then you may need to re-register with us.

Updating your personal information

In accordance with your rights under the Data Protection Act 1998, you are entitled to see all the personal information LEL holds about you and to amend or update any inaccuracies in such information.  Please note that we are entitled to charge a £10 fee for providing you with access to your personal information. 
If you would like to review or update your personal information, please Contact Us

Liability

Please read carefully the paragraphs entitled Disclaimers, Your Liability and Our Liability in the Website Terms of Use , as they also apply to this Privacy Policy.

About cookies

Cookies are small files stored in your computer's hard drive by your web browser.  When you access the Website our computer server will access these cookies so that it can recognise your computer, and make using the Website easier for you. 
For example, if you opt for the Website to remember your login, a Cookie will be stored on the computer you are then currently using, containing your user ID number.  When you return to this Website, you will then be automatically logged in without being required to enter your Password.
We also use session Cookies to store information about your current session.  These Cookies are deleted when you leave this Website and close your browser.  We may also use cookies to collect statistical information about your use of this Website. 
Most web browsers automatically accept cookies, but you can alter your settings to allow you to be prompted every time a cookie is sent to you or you can choose not to receive cookies at all.  However, please note that if you have ‘disabled' cookies in your browser, this way you may not be able to use certain features on the Website.
For independent information about cookies you can go to www.allaboutcookies.org .