Terms of Use
Date of publishing: 19th Oct 2020
This Agreement on the terms of use of Pfizer website: www.ashaformbc.com(“Pfizer Pro Website”/ “Web Site” / “Site” / “Digital/Electronic Media”) is between User and Pfizer Limited (‘Pfizer’ or “We”).
Terms of Use: This document states the terms of use on which you may make use of this Digital/Electronic Media. Please read these terms of use carefully before you start to use the Digital/Electronic Media and provide your acceptance when prompted.
By using our Digital/Electronic media, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these terms of use, please refrain from, using the Digital/Electronic media.
Pfizer may change these terms of use and other guidelines and rules posted on the Digital/Electronic Media from time to time.
The information provided on this Digital/Electronic Media is for general informational and educational purposes only. By accessing and using this Digital/Electronic Media, you accept, without limitation or qualification, this Terms of Use Agreement. If you proceed and use this Web site, you assume full responsibility for your actions.
Your access to and use of the information contained in the Digital/Electronic Media will be subject to the current version of the Terms of Use, rules and guidelines posted on the Digital/Electronic Media at the time of such use. If you breach any of the terms of use, your license to access or use this Digital/Electronic Media shall be liable for termination
1. ACCESSING DIGITAL/ELECTRONIC MEDIA, YOUR PERSONAL INFORMATION, PRIVACY AND COOKIES
Access to our Digital/Electronic Media is permitted agreement to our terms of use.
ELIGIBILITY: Your decision to access website is voluntary. Your membership and participation are completely voluntary.
PRIVACY: Pfizer respects the privacy of its Digital/Electronic Media users. Please refer to Pfizer’s Privacy Policy that explains users' rights and responsibilities with respect to information that is disclosed herein.
From time to time, we may restrict access to some parts of Digital/Electronic Media, or its entirety. We also reserve the right to withdraw or amend the service we provide on our Digital/Electronic Media without notice. We will not be liable if for any reason our Digital/Electronic Media is unavailable at any time or for any period.
COOKIES: Cookies are a standard feature of websites that allow us to store small amounts of data on your computer about your visit to our Site. Cookies help us learn which areas of the site are useful and which areas need improvement.
You can refuse or accept cookies from the site at any time by activating the settings on your browser. Information about the procedure to follow in order to enable or disable cookies can be found on your Internet browser provider’s website via your help screen. Please be aware that if cookies are disabled, your experience on the site may be diminished, and not all features of the site may operate as intended.
We may also use technologies similar to cookies, such as:
Pixel Tags. Pixel tags (also known as web beacons and clear GIFs) are used to, among other things, track the actions of users of the Site, measure the success of our marketing campaigns, and compile statistics about usage of the Site and response rates.
Adobe Flash. Flash Local Shared Objects (also known as Flash cookies) (“Flash LSOs”) and other technologies are used to, among other things, collect and store information about your use of the Site. For your options with respect to Flash LSOs, please visit this page. Please note that setting the Flash player to restrict or limit acceptance of Flash LSOs may reduce or impede the functionality of some Flash applications.
Analytics. We use multiple analytics tools (primarily but not limited to Google analytics and Adobe Omniture) time to time to collect anonymized statistics in order to improve site.
2. CONTENT
You agree that access to and use of this Digital/Electronic Media and the content thereof is at your own risk. This is not intended in any manner to be a substitute to professional medical advice. Pfizer disclaims all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither Pfizer nor any party involved in creating, producing or delivering this Digital/Electronic Media shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Digital/Electronic Media site, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment.
Non-Confidential Information
Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through the Internet or post on the Digital/Electronic Media by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and Pfizer shall have no obligation of any kind with respect to such information. Pfizer shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.
3. USE OF DIGITAL/ELECTRONIC MEDIA, PERSONAL AND NON-COMMERCIAL USE LIMITATION
Unless otherwise specified, this Digital/Electronic Media is for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Digital/Electronic Media. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, electronically copy, download and print hard copy portions of the material from the different areas of the Digital/Electronic Media solely for your own non-commercial use. Any other use of materials on this Digital/Electronic Media, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this site, without prior written permission of Pfizer is strictly prohibited. Harassment in any manner or form on the site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including You may not upload to, distribute, or otherwise publish through the Digital/Electronic Media any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on this Digital/Electronic Media or use this Digital/Electronic Media to solicit others to join or become members of any other commercial online service or other organization.
4. THIRD PARTY WEB SITES AND LINKS:
The Digital/Electronic Media may contain links or references to other Web sites maintained by third parties over whom Pfizer has no control. Such links are provided merely as a convenience. Similarly, this Digital/Electronic Media may be accessed from third party links over whom Pfizer has no control. Pfizer makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Web sites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply an endorsement or recommendation by Pfizer in any manner whatsoever.
5. MEDICAL/AWARENESS INFORMATION:
This Digital/Electronic Media may contain general awareness and educative information relating to raising awareness on metastatic breast cancer. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should use your discretion and consult your health care professional, re usage or non-usage of the information contained on this Web site.
6. TRADEMARKS:
All trademarks, whether or not appearing in large print or with the trademark symbol, are trademarks of Pfizer, its affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that Pfizer actively and aggressively enforces its intellectual property rights to the fullest extent of the law
7. COPYRIGHTS:
The compilation (meaning the collection, arrangement and assembly) of all content on this Digital/Electronic Media and all software used on this Digital/Electronic Media is subject to copyright protection and is the property of Pfizer. The compilation includes works that are licensed to Pfizer.
The contents of this Digital/Electronic Media may not be copied other than for non- commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Digital/Electronic Media or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Pfizer. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Pfizer, or any third party.
8. RELATIONSHIP OF THE PARTIES:
In addition, no confidential or other relationship, fiduciary or otherwise, exists between YOU and Pfizer. Parties here act as an independent contractor and not as partner, joint venture, agent, employee or employer of the other and shall not bind nor attempt to bind the other to any contract.
9. MODIFICATION OF TERMS:
Pfizer may modify the terms of this Agreement at its sole discretion and without notice, which modification shall be effective immediately. Accordingly, we suggest that you check this page regularly for updated or additional guidelines
10. BREACH OF TERMS, SUSPENSION AND TERMINATION:
These terms and conditions are applicable to you upon your accessing this Digital/Electronic Media and/or completing the registration. These terms and conditions, or any of them, may be modified or terminated by Pfizer without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Failure to comply with this agreement constitutes a breach of the terms of use upon which you are permitted to use this Digital/Electronic Media, and may result in our taking all or any of the following actions: Immediate, temporary or permanent withdrawal of your right to use this Digital/Electronic Media. Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach. Any further legal action as may be advised without prejudice to the above.
We exclude liability for actions taken in response to breaches of these terms of use. The responses described in this provision are not limited, and we may take any other action we reasonably deem appropriate.
11. INDEMNITY:
You agree to indemnify, defend and hold harmless Pfizer, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation by you of these Terms of Use.
12. DISCLAIMER:
THIS DIGITAL/ELECTRONIC MEDIA AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS CONTAINED ON THIS DIGITAL/ELECTRONIC MEDIA ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY. PFIZER DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIGITAL/ELECTRONIC MEDIA AND THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS ON THIS Digital/Electronic Media, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. IN NO EVENT WILL PFIZER BE LIABLE FOR DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS DIGITAL/ELECTRONIC MEDIA OR ANY INFORMATION, GOODS OR SERVICES OBTAINED ON THIS Digital/Electronic Media, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES (EVEN IF PFIZER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), TO THE FULLEST EXTENT PERMITTED BY LAW. ALL INFORMATION CONTAINED ON THIS DIGITAL/ELECTRONIC MEDIA SITE, INCLUDING INFORMATION RELATING TO MEDICAL AND HEALTH CONDITIONS, PRODUCTS AND TREATMENTS, IS FOR INFORMATIONAL PURPOSES ONLY. IT IS OFTEN PRESENTED IN SUMMARY OR AGGREGATE FORM. IT IS NOT MEANT TO BE A SUBSTITUTE FOR THE ADVICE PROVIDED BY A PHYSICIAN OR OTHER MEDICAL PROFESSIONALS OR ANY INFORMATION CONTAINED ON OR IN ANY PRODUCT PACKAGING OR LABELS. YOU SHOULD NOT USE THE INFORMATION CONTAINED ON THIS DIGITAL/ELECTRONIC MEDIA FOR DIAGNOSING A HEALTH PROBLEM OR PRESCRIBING A MEDICATION. YOU SHOULD CAREFULLY READ ALL INFORMATION PROVIDED BY THE MANUFACTURERS OF THE PRODUCTS ON OR IN THE PRODUCT PACKAGING AND LABELS BEFORE USING ANY PRODUCT. YOU SHOULD ALWAYS CONSULT A PHYSICIAN AND MEDICAL ADVISORS PRIOR TO BEGINNING ANY SUPPLEMENT PROGRAM. ANY LINKS ON THIS DIGITAL/ELECTRONIC MEDIATO WEB SITES OPERATED BY THIRD PARTIES ARE PROVIDED FOR YOUR CONVENIENCE ONLY. PFIZER IS NOT RESPONSIBLE FOR THE CONTENT AND PERFORMANCE OF THESE WEB SITES OR FOR YOUR TRANSACTIONS WITH THEM AND OUR INCLUSION OF LINKS TO SUCH WEB SITES DOES NOT IMPLY ANY ENDORSEMENT OF THE MATERIAL ON SUCH WEB SITES/Digital/Electronic Media
13. ASSIGNMENT:
The User may not assign or transfer any of its rights or obligations under this agreement without Pfizer prior written consent, [such consent not to be unreasonably withheld or delayed]. Pfizer may assign or transfer its rights under this agreement without consent, provided that it gives advance notice to the User.
14. VARIATION AND WAIVER:
(i) User shall visit the Digital/Electronic Media to note any variation to the terms of use.
(ii) A waiver of any right under this agreement is only effective if it is in writing and applies only to the party to whom the waiver is addressed and the circumstances for which it is given. No waiver shall be implied by taking or failing to take any other action.
15. SEVERANCE:
If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions. Pfizer reserves the right to alter or delete materials from this Digital/Electronic Media at any time at its discretion.
16. VOID WHERE PROHIBITED:
This Digital/Electronic Media and its contents are intended to comply with the laws and regulations in India. Although the information on this Digital/Electronic Media is accessible to users outside of India, other countries may have laws, regulatory requirements and medical practices that differ from those in India. This Digital/Electronic Media links to other sites produced by Pfizer's various operating divisions and subsidiaries, some of which are outside India. Those sites may have information that is appropriate only to that particular originating country. Pfizer reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Digital/Electronic Media is void where prohibited.
17. APPLICABLE LAW AND JURISDICTION:
The parties understand the English language and are fully aware of all terms and conditions contained herein. If any translation of this Agreement made, the English language version shall always continue to govern. This agreement shall be governed by and interpreted for any and all purposes in accordance with the internal laws of India applicable to contracts made, without reference to principles of conflicts of laws. Although the information on this Application is accessible to users outside of India, the information contained herein is intended for use only by residents of India. Other countries may have laws, regulatory requirements and medical practices that differ from those in India. This Digital/Electronic Media may link to other Applications/ websites produced by Pfizer's various operating divisions and subsidiaries, some of which are outside of India. Those Applications may have information that is appropriate only to that particular originating country. The courts sitting in, or having principal jurisdiction over Mumbai shall have exclusive jurisdiction of all disputes hereunder and the Parties hereby agree that any such court shall be a proper forum for the determination of any dispute arising hereunder. Any cause of action or claim you may have with respect to the Digital/Electronic Media must be commenced within one (1) year after the claim or cause of action arises. Pfizer's failure to insist upon or enforce strict performance of any provision of these terms and conditions 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 of these terms and conditions. Pfizer may assign its rights and duties under this Agreement to any party at any time without notice to you. Pfizer makes no representation that materials in the Digital/Electronic Media are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.
18. User undertakes and confirms all information is true and correct.