Terms of Use
This website is provided by Envision Pharma Limited (registered in
England and Wales under company number 04486293) (“Envision”, “we”,
“us” or “our”).
The following terms and conditions, together with our Privacy notice (collectively, these “Terms of Use”), govern your access to and use of EnvisionPharmaGroup.com including any content, functionality and services offered on or through this website (“Website”). Your use of this Website constitutes your acceptance of these Terms of Use. If you do not agree to these Terms of Use, you must not use this Website.
These Terms of Use are made for the benefit of Envision, its holding companies and their respective subsidiaries (“EPG”) who shall each have the right to enforce these Terms of Use.
Changes to the Terms of Use
We may amend these Terms of Use from time to time in
our
sole discretion without notice. All changes are effective immediately when we post them. Your
continued
use of this Website following the posting of revised Terms of Use means that you accept and agree to
the
changes.
Accessing this Website
We reserve the right to withdraw or amend this Website in
whole or in part, and any service or material we provide on or through this Website, in our sole
discretion without notice. We will not be liable if for any reason all or any part of this Website
is
unavailable at any time or for any period.
To access some of the resources this Website offers, you may be asked to provide certain registration details or other information. You agree that all information you provide is governed by our Privacy notice, and you consent to all actions we take with respect to your information consistent with our Privacy notice.
Intellectual Property Rights
This Website and its entire content, material,
features
and functionality (including but not limited to all information, software, text, displays, images,
video
and audio, and its design, selection, and arrangement) (“Content”), is owned by
EPG,
its licensors or other providers of such material and are protected by relevant copyright,
trademark,
and other intellectual property rights laws. No right, title, or interest in or to this Website or
any
Content is transferred to you, and all such rights are reserved.
You understand and agree that you may only use the Content available on this Website as provided to you through the Website.
You must not:
You must not access or use for any commercial purposes any part of this Website or any services or Content available through this Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of this Website in breach of these Terms of Use, your right to use this Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Trademarks
EPG maintains trademarks, service marks, logos, domain names, and
other
branding material for their various organizations, products, and services and has a strong interest
in
maintaining the integrity of its intellectual property and brand. You understand and agree that you
will
not use any EPG trade or service marks, whether such marks are registered or not, without the prior
written consent of the relevant EPG entity. All rights are reserved.
Prohibited Uses
You may use this Website only for lawful purposes and in
accordance
with these Terms of Use. You agree not to use this Website:
Additionally, you agree not to:
Reliance on Information
The information presented on or through this Website is
made
available solely for general information purposes. We do not warrant the accuracy, completeness, or
usefulness of this information. Any reliance you place on such information is strictly at your own
risk.
To the fullest extent permitted by applicable law, we disclaim all liability and responsibility
arising
from any reliance placed on such materials by you or any other visitor to this Website, or by anyone
who
may be informed of any of its contents.
This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Envision, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of EPG. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to this Website
We may update the Content on this Website from time to
time,
but its Content is not necessarily complete or up to date. Any of the Content on this Website may be
out
of date at any given time, and we are under no obligation to update such material.
Links from this Website
If this Website contains links to other sites and
resources
provided by third parties, these links are provided for your convenience only. We have no control
over
the contents of those sites or resources and accept no responsibility for them or for any loss,
damage
or expense that may arise from your use of them. If you decide to access any of the third-party
websites
linked to this Website, you do so entirely at your own risk and subject to the terms and conditions
of
use for such websites.
Health Information
This Website is not intended for use with any health
information
whatsoever. We do not desire to receive, nor are you permitted to provide or otherwise make
available
through this Website any health-related information. You represent and warrant that you will not
directly or indirectly provide or otherwise make available any sensitive or protected health
information
through this Website.
Our Hosted Software Applications
EPG’s services include the provision of hosted
software applications to our clients and their authorised users. These software applications are
normally accessible via customised website portals. If you are accessing such software application,
you
should ensure you are aware of and understand the relevant terms and conditions of use. Reference
should
be made to the relevant company’s terms and conditions of use which may be published on the relevant
website portal or available on such company’s corporate website.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or
warrant that files available for downloading from the internet or this Website will be free of
viruses
or other destructive code. You are responsible for implementing sufficient procedures and
checkpoints to
satisfy your particular requirements for anti-virus protection and accuracy of data input and
output,
and for maintaining a means external to this Website for any reconstruction of any lost data. WE
WILL
NOT BE LIABLE FOR ANY LOSS 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 THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH
THIS WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE IS AT YOUR OWN RISK. THIS WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ENVISION NOR ANY PERSON ASSOCIATED WITH ENVISION MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER ENVISION NOR ANYONE ASSOCIATED WITH ENVISION REPRESENTS OR WARRANTS THAT THIS WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THIS WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ENVISION HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO
EVENT WILL ENVISON, ITS AFFILIATES (INCLUDING EPG) OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES,
AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT
OF
OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THIS WEBSITE, ANY WEBSITES LINKED TO IT, ANY
CONTENT ON THIS WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THIS
WEBSITE OR
SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS
OF
REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL,
LOSS
OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF
FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, SUCH AS 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.
Indemnification
You agree to defend, indemnify and hold harmless Envision, its
affiliates, licensors and service providers, and its and their respective officers, directors,
employees, contractors, agents, licensors, suppliers, successors and assigns from and against any
claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including
reasonable
attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of
this
Website, including, but not limited to, any use of this Website’s content, services and products
other
than as expressly authorized in these Terms of Use or your use of any information obtained from this
Website.
Governing Law and Jurisdiction
These Terms of Use, their subject matter, and
their
formation (including non-contractual disputes or claims), shall be governed by English law.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the English courts although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Waiver and Severability
No waiver by Envision of any term or condition set forth
in
these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a
waiver
of any other term or condition, and any failure of Envision or EPG to assert a right or provision
under
these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy notice constitute the sole
and
entire agreement between you and Envision with respect to your use of this Website and may be
modified
or changed only upon separate written agreement provided by us. These Terms of Use supersede any
previous terms, conditions, or agreements of the parties regarding the access and use of this
Website.
Last updated 12 April 2022