TERMS AND CONDITIONS

[Teva Pharmaceutical Industries Ltd., a company organized under the laws of the state of Israel, having its registered office at 5, Bazel st, Petach-Tikva, P.O B 3190 and with its official website at www.teva.co.il  (including its affiliates and/or anyone acting on its behalf - “Teva”, “us”, “we”, or “our”)] operates and maintains the site: CnsBytes.com.hk (the “Site”). The Site contains information on Neurology disease states and products designated for doctors and medical staff only, and is meant for one's personal information, education, and communication. While you should feel free to browse the Site, please consider that your access to and use of the Site is subject to the following terms and conditions (“Terms”), the privacy policy of the Site (“Privacy Policy”) and all applicable laws and regulations. For the avoidance of doubt, these Terms are in addition to any right granted to Teva according to any applicable law.

Acceptance of these terms

By accessing and using the Site, you fully accept, without limitation, these Terms and the Privacy Policy, and you undertake to comply with these Terms, the Privacy Policy and all applicable laws. If you do not agree to these Terms or the Privacy Policy, you may not use this Site. Teva may, at any time and from time to time, subject to its sole discretion, revise these Terms and/or any part thereof, by updating this posting. You are bound by any such revisions if you continue to access or use the Site following the publication of the revised Terms. Therefore you should periodically visit this page to review the then current Terms to which you are bound.

These Terms apply to all access and/or use of the Site, in any media.

Access to the Site

The access to the Site is limited, with an access code (the "Access Code"). In order to obtain the Access Code, you may be asked to fill in your full name, email address and professional license number. Please note, the information provided will be included in Teva's database, and Teva shall be entitled to use it, in accordance with the Privacy Policy.

Teva may, at its sole discretion and from time to time, change the Access Code and/or block and/or restrict the access and/or use of the Site and/or any part of the Site and/or the content thereof, and may also condition and/or limit the access of any person who visits the Site and/or makes use of the Site.

By accessing the Site, you hereby agree and acknowledge, as follows:

(a)   You acknowledge that you are not obligated to use the Site and/or provide personal information and/or any other information, and doing so is at your own free will.

(b) Teva may use any information about you, including any personal information you provide the Site, in accordance with the Privacy Policy and applicable laws.

You may not share the Access Code with others. You agree to take all necessary precautions to protect the Access Code and your personal information. If you have reason to believe that the Access Code was used by an unauthorized user, you must notify Teva immediately.

Intellectual property rights

Teva reserves all rights to enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.

All intellectual property, including trademarks, trade names, logos, service marks, patents, copyrights or trade secret displayed on the Site (collectively the “IP”), including the names: Teva and CnsBytes are registered and unregistered intellectual property rights of Teva and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any IP without the prior written permission of Teva or such third party that may own the IP. You should assume that all content you view or read on the Site is protected by copyright and may not be used without the written permission of Teva, except as expressly provided in these Terms or in the text on the Site. Images displayed on the Site are either the property of, or used with license by, Teva. Without limitation, the use of these images by you, or anyone on your behalf, is prohibited unless expressly permitted by these Terms or as expressly provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trade mark laws, the laws of privacy and publicity, and communications regulations and statutes.

You may download material displayed on the Site for personal, non-commercial use only, provided you also retain all copyright and other proprietary notices contained in the materials or as specified on the Site. You may not, however, distribute, modify, transmit, reuse, re-post, copy, publish, license or use the content of the Site, including the text, images, audio, and video, for public or commercial purposes.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyright work has been copied in a way and included on the Site that constitutes copyright infringement, you must submit your notice in writing to the attention of "Copyright Infringement" and include in your notice a detailed description of the alleged infringement. To the extent we suffer loss, we reserve the right to pursue for damages (including costs and attorneys' fees) for misrepresenting that any content is infringing your copyright.

Use of the site

Your use of or linking to any content on the Site, except as provided in these Terms, is strictly prohibited.

The content of the Site is restricted to health care professionals, according to the relevant local laws and regulatory authority guidelines. This content is not to be used by non-health-care professionals, nor assigned by health care professionals to non-health care professionals.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non- proprietary. Anything you transmit or post to the Site may be used by Teva and/or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Teva and/or its affiliates are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know-how, or techniques.

You hereby undertake not to create a database from the content appearing on the Site, and not to operate any computer program or other electronic means for performing any actions on the content appearing on the Site, including search, copying, downloading, mirroring and automatic retrieval of the content, in order to create a database.

You agree not to use the Site for illegal purposes, and not to prejudice other users in any way and/or the use by other users and/or the business of Teva. Without limiting the generality of the foregoing, you may not access the Site, or attempt to access the Site, to take any action that could harm Teva or any third party, or interfere with the operation of the Site, in a manner that violates any laws and/or regulations.

Exclusion and limitation of liability

Whilst Teva will use reasonable endeavors to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the Site will be uninterrupted and in a fully operating condition nor that the information on and provided in the Site will be free from errors or omissions. Access to this Site and its contents may be suspended temporarily and without notice in case of system failure, necessary maintenance or repair or for reasons beyond Teva’s control.

Teva may block and/or restrict the use of the Site, and reserves the right to terminate in its sole discretion and without notice any activity of the Site.

Teva maintains this Site as a service to the medical community. The Site has been designed to provide general scientific, commercial and promotional information to healthcare professionals. This Site is not intended to provide investment or medical advice, nor does it provide instruction on the appropriate use of products manufactured or sold by Teva or products currently under development by Teva, its affiliates, related companies, or its licensors or joint venture partners. It is expressly agreed that your use of the Site is not intended to be, in any way or manner, an inducement for you to prescribe, supply, administer, recommend, promote, buy or sell any particular medicinal products, including Teva’s products, and if you do so, you do it at your sole and exclusive responsibility, and you and/or anyone acting on your behalf shall have no claim and/or demand against Teva in connection therewith.

Any commercial messages on the Site (if any), including advertisements, notices, banners, and links to third-party content or websites ("Commercial Messages") does not constitute approval, request or recommendation by Teva to purchase the services or products offered therein, nor does it indicate Teva's consent to the contents, reliability, timeliness or legality of the Commercial Messages. Teva does not review or monitor the content of Commercial Messages and it is not responsible for the content, information, products, or services available and/or included in the Commercial Messages. Without derogating from the generality of the foregoing, any person who visits the Site and/or makes use of the Site and/or anyone acting on his behalf will not have any claim and/or demand against Teva in respect of publication of Commercial Messages and/or in connection therewith including the content thereof.

Your use of and browsing in the Site are at your own risk. Whilst Teva will use reasonable endeavors to correct any error or omission as soon as practicable once they have brought to our attention, Teva makes no representations regarding the correctness or completeness of the content in the Site and it is not responsible for the correctness and/or completeness and/or accuracy of the information on the Site, or for updating, supplementing or completing such information. It is your responsibility to check the correctness and accuracy of the information on the Site prior to any use of the information, you and/or anyone acting on your behalf shall have no claim and/or demand against Teva in connection therewith. Neither Teva nor any other party involved in creating, producing, hosting or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out your access to, or use of, the Site or its contents. Without limiting the foregoing, everything on the Site is provided to you “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, and Teva hereby disclaims to the fullest extent permitted by law any liability, including any liability for death, personal injury, non-infringement, merchantability, and fitness for any particular purpose, including for any purpose relating to or resulting from access to or use of the information, content and outputs of the Site, as well as the Site itself.

Teva assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect your computer equipment or other property on account of your access to, use of, or browsing in the Site or you're downloading of any materials, data, text, images, video or audio from the Site.

Nothing in these Terms shall limit Teva’s liability for personal injury or death arising out of negligence or fraud or for any other damage which cannot be limited or excluded by applicable law.

Teva is not responsible for the content of any off-site pages or any other sites linked to the Site. Your visiting any other off-site pages or other sites is at your own risk.

If you are not satisfied with the Site and/or these Terms, your sole and only remedy is to stop using the Site.

You hereby undertake to indemnify, compensate, defend and hold Teva, and its subsidiaries, affiliates, directors, officers, employees, agents, assigns and anyone acting on behalf of Teva, harmless from and against any and all losses, costs, expenses (including attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the Site and any violation by you of the Terms. Teva reserves the right to assume the exclusive defense of any claim for which it is entitled to indemnification under this section. In such event, you shall provide Teva with such cooperation as Teva may request. Data protection and privacy

Your security and privacy is very important to us. Please read the Privacy Policy which appears on the Site for important information regarding the use of your personal data on the Site and your rights in relation thereto. By accessing the Site, you represent that you have read and agree to the provisions of these Terms and the Privacy Policy. The use of personal information of individuals who visit the Site and/or make use of the Site is subject to the Privacy Policy.

Any information about who visits the Site and/or makes use of the Site that is not subject to the Privacy Policy, and does not constitute personal data under applicable data protection laws, shall be deemed to be non-confidential and not protected by any proprietary rights, and shall not be subject to privacy protection.  

General If any of these Terms is determined to be illegal, invalid or otherwise unenforceable by reason of law then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and the remaining terms shall survive, remain in full force and effect and continue to be binding and enforceable. The Site and these Terms shall be governed by and interpreted in accordance with the laws of the state of Israel. Disputes arising in connection with the Site and/or these terms shall be subject to the exclusive jurisdiction of the courts in the Tel Aviv-Jaffa district.

Contact

If you have any questions regarding the Site and/or these Terms, please visit here [https://www.tevapharm.hk/en/hong-kong/contact-us/  

Miscellaneous Captions and paragraph headings used in these Terms are for convenience only and shall not be used in the construction or interpretation thereof. The word “including” shall mean: “including, without limitation”.

Any reference to Teva written in these Terms shall include references to the operators and managers of the Site and anyone acting on their behalf.

The failure of Teva to enforce any provisions of these Terms or respond to a breach by any party of any such provisions of these Terms does not constitute a waiver of any of Teva's rights to subsequently enforce any terms or conditions of these Terms or respond to any such breach.

Teva may assign these Terms or delegate any or all of its rights or obligations hereunder to any third party without your consent. You may not assign or attempt to assign any of your rights or obligations under these Terms, in whole or in part, without Teva's prior written consent. Any purported assignment of any of your rights or obligations hereunder without Teva's prior written consent shall be void.