Eisai New Zealand Terms and Conditions
This website is provided by Eisai New Zealand Limited (referred to in these terms and conditions (Terms) as “Eisai”, “us”, “we” or “our”), incorporated in New Zealand under New Zealand Business Number (NZBN) 9429047445611, with its registered office at Simpson Grierson, 88 Shortland Street, Auckland, New Zealand 1010.
By accessing this website you agree to be bound by these Terms and our Privacy Policy, as amended from time to time. Please read these Terms carefully as they govern your use of this website. If you do not accept these Terms, do not use the website. We may, for any reason and without notice to you, change any part of this website or these Terms.
We will use reasonable efforts to indicate any material changes to these Terms by posting a notice on the homepage of this website. Your continued use of this website after the effective date of any change to these Terms will be treated as acceptance by you of such change.
USER OBLIGATIONS
You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.
As a user of this website you undertake:
(i) not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
(ii) not to use this website to make unauthorised attempts to access or interfere with any of our systems or third party networks;
(iii) not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(iv) not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third party rights, or for the purpose(s) of causing annoyance, inconvenience or harm to any third party, or send any message which you know to be false or make use of this website for such purpose(s); and
(v) to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.
OUR USE OF YOUR PERSONAL INFORMATION
All personal information collected on this website will be handled in accordance with the New Zealand Privacy Act 2020, our Privacy Policy and any data protection notice on this website.
DISCLAIMER
WHILST WE HAVE EXERCISED REASONABLE CARE IN COMPILING THIS WEBSITE, WE ARE NOT RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR ANY OTHER PERSON OR ORGANISATION, WHEREVER THEY ARE BASED, AS A RESULT, DIRECT OR OTHERWISE, OF INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, WHETHER SUCH INFORMATION IS PROVIDED BY US OR A THIRD PARTY. NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS THE GIVING OF ADVICE OR THE MAKING OF ANY RECOMMENDATION AND THIS WEBSITE SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION.
AS A RESULT OF ONGOING MEDICAL ADVANCES AND DEVELOPMENTS, THE INFORMATION ON THIS WEBSITE MAY NOT ALWAYS BE COMPLETELY UP TO DATE AND, FOR THIS REASON, SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE INFORMATION OBTAINED OR DOWNLOADED FROM OR THROUGH THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS EITHER EXPRESS OR IMPLIED:
(i) RELATING TO ANY CONTENT AVAILABLE ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF SUCH CONTENT;
(ii) THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE;
(iii) THAT THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE, ERROR FREE OR RELIABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS (WHETHER IMPLIED OR EXPRESS) OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, IN WHICH CASE, THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY.
ANY MEDICAL INFORMATION ON THIS WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR INFORMED MEDICAL ADVICE AND WE CANNOT ANSWER ANY UNSOLICITED E-MAILS RELATING TO PERSONAL HEALTHCARE ISSUES. INFORMATION ON THE PRODUCTS MENTIONED ON THIS WEBSITE MAY VARY BY COUNTRY. PATIENTS AND HEALTHCARE PROFESSIONALS SHOULD CHECK WITH LOCAL MEDICAL RESOURCES AND REGULATORY AUTHORITIES FOR INFORMATION APPROPRIATE TO THEIR COUNTRY. YOU MUST CONSULT A SUITABLY QUALIFIED HEALTHCARE PROFESSIONAL ON ANY SPECIFIC PROBLEM OR MATTER WHICH IS COVERED BY ANY INFORMATION ON THIS WEBSITE BEFORE TAKING ANY ACTION.
WE SHALL HAVE NO LIABILITY IN RESPECT OF ANY LOSS OR DAMAGE SUSTAINED BY YOU RELATING TO THE PROVISION OF THIS WEBSITE, WHETHER CAUSED BY OUR BREACH OF CONTRACT OR MISREPRESENTATION OR BY OUR NEGLIGENCE OR OTHER TORT (CIVIL WRONG) INCLUDING (WITHOUT LIMITATION) ANY LOSS OF PROFIT, BUSINESS OR OPPORTUNITY, OR ANY INCIDENTAL, CONSEQUENTIAL, ECONOMIC, OR INDIRECT LOSS OR SPECIAL DAMAGE SUFFERED BY YOU AND ARISING FROM OUR LIABILITY UNDER OR IN CONNECTION WITH THIS WEBSITE OR THESE TERMS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS CLAUSE EXTENDS TO OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND CONTRACTORS.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR SERVANTS OR AGENTS; OR (II) FRAUD; OR (III) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR (IV) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW, INCLUDING WHERE THE CONSUMER GUARANTEES ACT 1993 (CGA) AND FAIR TRADING ACT 1986 (FTA) APPLY. IF YOU ARE A CONSUMER UNDER THE CGA OR FTA, YOU MAY HAVE RIGHTS OR REMEDIES WHICH ARE NOT EXCLUDED NOR LIMITED BY THE ABOVE. IF YOU ARE IN TRADE AND USING THIS WEBSITE OR ITS CONTENT FOR BUSINESS PURPOSES, YOU AGREE THAT THE ABOVE LIMITS AND EXCLUSIONS WILL APPLY.
WE PROVIDE THIS WEBSITE AS A FREE SERVICE TO OUR USERS. WE HAVE NO DUTY TO UPDATE THIS WEBSITE OR ITS CONTENT AND WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF OUR FAILURE TO UPDATE.
THIRD PARTY LINKS AND CONTENT
This website may contain third party owned content (e.g. articles, data feeds or abstracts) and may also include hypertext links to third party owned websites. We provide such third party content and links as a courtesy to our users. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any other liability arising out of any information or opinion contained on such third party owned website or content. Third party owned websites or sources will likely have their own restrictions on how you may use their content and what responsibility the third party will accept in relation to the content. You should ensure you read and comply with any terms and conditions that apply to those websites or sources.
INTELLECTUAL PROPERTY
All intellectual property on this website, including (without limitation) in all documents, files, text, images, graphics, devices, trade marks, copyright works and code contained in it and the website’s general “look and feel”, is owned by Eisai and/or its third party licensors. You are authorised to copy and print extracts or documents from this website (except for any third party owned content which has been identified as such) for your non-commercial use provided any such copy or print retains all copyright or other proprietary notices and any disclaimer contained within them. Unless otherwise indicated, all Eisai product names are registered trade marks. All Eisai logos and trade marks may not be used or reproduced without our prior written consent. Other than as specifically set out in this clause, reproduction of part or all of the content of this website in any form, including framing, creating any derivative work based on this website and/or its content, incorporation into other websites, electronic retrieval systems or publications, is prohibited. No links to this website may be included in any other website without our prior written permission.
We cannot guarantee that you have any right to use third party owned content which is available on this website and you must obtain permission from the third party owner before using or downloading such content. Content may not be changed nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents.
In the event that you submit any material for inclusion on this website including (without limitation) personal information, know-how, comments, ideas, questions, techniques, abstracts or similar (User Content), you: (i) agree that such User Content will not be deemed to be confidential; (ii) grant to us a worldwide, perpetual, royalty-free, transferrable, sub-licensable and non-exclusive licence to use, disclose, copy, modify, adapt, publicly display and translate all or any of such User Content for any purpose whatsoever without restriction (other than, in the case of personal information, compliance with any restrictions on the use of your personal information noted above); (iii) warrant that providing User Content to us does not breach any intellectual property, privacy or confidentiality rights of any third party and that you are the owner or are otherwise entitled to use and license the use of the User Content to us in accordance with these terms; and (iv) waive, or will procure the waiver of, any moral rights in the User Content. We reserve the right, in our sole discretion, to remove or delete, without notice, any material you submit for inclusion on this website.
Except for the limited permission set out above, nothing on this website should be construed as granting any other right or licence.
GENERAL
We will send all notices relating to these Terms and the use of this website by e-mail to your last known registered e-mail address. You can send notices to us by e-mail to contact_NewZealand@eisai.net
These Terms apply to use of this website by you alone. We may assign these Terms to a third party and/or engage the services of contractors, including (without limitation) the providers of outsourcing services, for the performance of our rights and obligations under these Terms.
If any provision of these Terms is held to be illegal or unenforceable, it will not affect the validity and enforceability of the remaining provisions.
These Terms represent the complete agreement and understanding between you and us and govern your access and use of this website. These Terms supersede any other written or oral agreement between you and us in relation to the use of this website.
Any delay by us in enforcing any breach of these Terms shall not affect our rights of enforcement and any waiver of any breach shall not operate as a waiver of any subsequent or continuing breach.
We shall not be liable for any failure to perform, or for any delay in performing, any of our obligations under these Terms where such failure or delay arises from circumstances beyond our control.
Although the information on this website is accessible to users outside the New Zealand, the information on this website is intended for use only by New Zealand residents. Your use of this website and any dispute arising out of such use of this website is subject to the laws of New Zealand, and accordingly, you submit to the exclusive jurisdiction of the New Zealand courts.
In using this website you agree that any concerns you may have about the content will first be taken up with Eisai. If you are not satisfied with Eisai’s response, you may submit a complaint to New Zealand Medicines and Medical Devices Safety Authority (Medsafe).
References to “Eisai”, “we”, “us” and “our” are references to Eisai New Zealand Limited and its affiliates. You can contact Eisai by sending an e-mail to contact_NewZealand@eisai.net