TERMS
AND CONDITIONS
Welcome
to PSPhere (the “Platform”). These terms of use, including the privacy
policy http://pspherehome.dkshpsp.com.sg, which is incorporated by this
reference (collectively the “Terms and Conditions”), are a binding legal
contract between [DKSH Singapore], its affiliates, group companies and
subsidiaries (collectively, “DKSH”), and the individual or legal entity
who directly or indirectly accesses, uses, or subscribes to the platform (“You”
or “Your”). Please read the Terms and Conditions carefully before you
start, or authorize any users under your account, to use the Platform, Site, or
Services. If you do not agree to these Terms and Conditions, you must not
access, use or authorize use of the Platform, Site, nor Services.
These Terms
and Conditions govern your use of this platform, which is provided by DKSH on http://pspherehome.dkshpsp.com.sg
(the “Site”), and any services we provide to You (“Services”) either
through the Platform, Site, or through third party service/content providers (“Third
Party Provider”). By accessing the platform on this site, you are
indicating your acknowledgment and acceptance of these Terms and Conditions. If
you do so on behalf of a legal entity, you represent and warrant that you have
the authority to accept these Terms and Conditions on behalf of that legal
entity, and you represent and warrant that all users of the platform at such
legal entity shall comply with these Terms and Conditions. These Terms and Conditions
are subject to change by DKSH at any time in its discretion. The most current
version of these terms & conditions can be reviewed by clicking on the
"terms & conditions" hypertext link located on the platform. Your
use of this site after such changes are implemented constitutes your acknowledgment
and acceptance of the changes. Please consult these Terms and Conditions regularly.
All
components of the Terms and Conditions and any service level agreements shall be
read together and construed, to the fullest extent possible, to be in concert
with each other. To the extent that they cannot be so construed, then in the
event of any direct conflict between this Terms and Conditions and the service
level agreements, the Terms and Conditions will prevail.
1. MEDICAL
DISCLAIMER
DKSH
provides the Platform, Site, and Services to assist people with various medical
conditions to engage in various patient support related programs. Our Platform,
Site, and Services require your active engagement and participation and you
understand that, despite your efforts, individual user’s results will vary for
a variety of reasons. We cannot guarantee that you will successfully be
enrolled in or engage any particular patient support related program. We may
also use third parties, in whole or in part, to provide our products and
services.
2. ACCESS
TO THIS SITE
To
access this Site, you must have been invited by a Healthcare professional to
join a relevant program and have created a Platform account, and provide
accurate personal and contact information and documentation for which you have
a legal right to copy, publish, share, store, or otherwise use (whether
relating to yourself, or to another individual under your care, custody, and
control, as the case may be) (“User Data”), that is protected by a
username and password (your “Account”). You represent and warrant that
you are 18 years old or older. You agree to provide DKSH with accurate and
complete Account information when you register, and that You have sole
responsibility for the accuracy, quality, integrity, legality, reliability, and
appropriateness of all data you provide. If DKSH believes the information you
provide is not correct, current, or complete, DKSH has the right to refuse you
access to this Site or any of its resources, and to terminate or suspend your
access at any time. You agree to keep your password and other Account details
secret, and not share them with anyone else, in order to prevent unauthorized
access to your Account. If your contact information or other Account
information changes, you must update your Account details promptly. After you
create an Account, DKSH and/or its authorized third party can begin to use and
access the User Data.
If you
access the Platform through a legal
entity such as your business, your employer, or through an authorized DKSH partner,
you acknowledge and agree that other users may have been designated to access,
control, and manage your Account and your User Data. You, not DKSH, are solely
responsible for your Account and User Data. DKSH is not liable for any loss or
damage arising from any access to, sharing or use of, your Account and User
Data. You must inform DKSH immediately at custcare.spore@dksh.com
if you believe there has been unauthorized access to your Account or your User
Data.
3. USE
OF THE SITE
You
may use this Site for purposes expressly permitted by this Site, which relate
to the following purposes of the Platform:
· providing
and/or collecting information relating to the use of pharmaceuticals and/or
medical devices (“Product”);
· handling
Product post-authorization patient support, including for purposes of filing,
receiving, and responding to complaints, adverse reports, defective reports,
and/or product recalls;
· providing
and/or collecting information on patient Product compliance;
· providing
and/or receiving field service and in-person patient support by licensed
healthcare professionals;
· providing
and/or receiving call center support and logistics management;
· providing
and/or receiving information on disease education and awareness;
· administering
compensation and reimbursement schemes;
· enrolment
into/execution of therapy programs and/or clinical trials; and
· conducting
and/or participating in surveys of patients and healthcare service providers.
You
may not use this Site for any other purpose, including any commercial purpose
not expressly permitted by written agreements with DKSH, without DKSH’s express
prior written consent. For example, you may not (and may not authorize any
other party to) (i) co-brand this Site, or (ii) frame this Site, or (iii) hyperlink
to this Site, without the express prior written permission of an authorized
representative of DKSH. For purposes of these Terms and Conditions,
‘‘co-branding’’ means to display a name, logo, trademark, or other means of
attribution or identification of any party in such a manner as is reasonably
likely to give a user the impression that such other party has the right to
display, publish, or distribute this site or content accessible within this Site.
You agree to cooperate with DKSH in causing any unauthorized co-branding,
framing or hyperlinking immediately to cease.
The Site
may be made available to you in several different devices. You are solely
responsible for providing, maintaining, and ensuring compatibility with the Site,
all hardware, software, electrical, and other physical requirements for your
use of the Platform, including, without limitation, telecommunications and
Internet access connections and links, web browsers or other equipment, wearables,
programs, and service required to access and use the Platform.
4. PROPRIETARY
INFORMATION
The
material and content accessible from this Site, and any other site owned,
operated, licensed, or controlled by DKSH (the ‘‘Content’’) is the
proprietary information of DKSH or the party that provided the Content to DKSH (the
“Rights Owner”). DKSH and/or the Rights Owner retains all right, title,
and interest in the Content. Accordingly, the Content may not be copied,
distributed, republished, uploaded, posted, or transmitted in any way without
the prior written consent of DKSH, except that you may print out a copy of the Content
solely for your personal use. In doing so, you may not remove or alter, or
cause to be removed or altered, any copyright, trademark, trade name, service
mark, or any other proprietary notice or legend appearing on any of the
Content. Modification or use of the Content except as expressly provided in
these Terms and Conditions violates DKSH and/or the Rights Owner’s intellectual
property rights. Neither title nor intellectual property rights are transferred
to you by access to this Site.
5. HYPERLINKS
This
Site may be hyperlinked to other sites which are not maintained by, or related
to, DKSH. When you access a non-Platform site, even one that may contain the Platform
logo, you leave the Site and understand that it is independent from DKSH, and
that DKSH has not reviewed nor is it responsible for the content of any linked
sites. DKSH makes no representations whatsoever about such resources or other
sites. The inclusion of any link to a site does not imply endorsement by DKSH
of the site or their entities, content, products, or services. All warranties,
conditions or other terms express or implied as to any such linked site,
including without limitation as to accuracy, ownership, validity or legality of
any content of a linked site, are hereby excluded. It is up to you to take
precautions to ensure the accuracy and validity of the content that you are
relying on, and to ensure that whatever you select for your use is free of such
items as viruses, worms, Trojan horses and other items of a destructive nature.
6. SUBMISSIONS
You
hereby grant to DKSH the royalty-free, perpetual, irrevocable, worldwide,
non-exclusive right and license to use, reproduce, modify, adapt, publish,
translate, create derivative works from, distribute, perform, and display all
content, remarks, suggestions, ideas, graphics, or other information
communicated through this Site (together, the ‘‘Submission’’), and to
incorporate any Submission in other works in any form, media, or technology now
known or later developed. DKSH will not be required to treat any Submission as
confidential, and may use any Submission in its business (including without
limitation, for products or advertising) without incurring any liability for
royalties or any other consideration of any kind, and will not incur any
liability as a result of any similarities that may appear in future DKSH
operations.
DKSH
will treat any personal information that you submit through this Site in
accordance with its Privacy Policy http://pspherehome.dkshpsp.com.sg.
7. DISCLAIMER
7.1 GENERAL
You understand that DKSH makes no representation
that the information in the Site is appropriate or available for use in
locations outside [Singapore], and access to the Site from territories where
the content of the Site may be illegal or inappropriate is strictly prohibited.
If you choose to access the Site from other locations, you do so on your own
initiative and are responsible for your compliance with applicable local,
state, and federal laws while using the Platform, Site, and Services.
You further understand that DKSH cannot and
does not guarantee or warrant that files available for downloading from the
Internet will be free of viruses, worms, Trojan horses, or other code that may
manifest contaminating or destructive properties. You are responsible for
implementing sufficient procedures and checkpoints to satisfy your particular
requirements for accuracy of data input and output, and for maintaining a means
external to this Site for the reconstruction of any lost data. DKSH does not
assume any responsibility or risk for your use of the Internet.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE
CONTENT IS PROVIDED ‘‘AS IS’’ AND WITHOUT WARRANTIES OF ANY KIND, EITHER
EXPRESSED OR IMPLIED. DKSH DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR
NON-INFRINGEMENT. DKSH DOES NOT WARRANT THAT THE FUNCTIONS OR CONTENT CONTAINED
IN THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE
CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. DKSH DOES NOT WARRANT OR MAKE ANY
REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF THE CONTENT IN TERMS OF
ACCURACY, RELIABILITY, OR OTHERWISE. THE CONTENT MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS, AND DKSH MAY MAKE CHANGES OR IMPROVEMENTS
AT ANY TIME. YOU, AND NOT DKSH, ASSUME THE ENTIRE COST OF ALL NECESSARY
SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM
THE USE OF THIS SITE OR ITS CONTENT. DKSH MAKES NO WARRANTIES THAT YOUR USE OF
THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR
RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH CONTENT.
All of the information in this Site, whether
historical in nature or forward-looking, speaks only as of the date the
information is posted on this Site, and DKSH does not undertake any obligation
to update such information after it is posted or to remove such information
from this Site if it is not, or is no longer, accurate or complete.
7.2 FOR
PATIENTS
You note that the Content on this Site is not
meant to be a substitute for professional medical care, advice, diagnosis,
treatment, or attention by a qualified healthcare practitioner, nor should it
be implied as such, or be considered or relied on as such. The Platform is not
intended to provide instruction on the use of any product produced or supplied
by DKSH, its affiliates, related companies, or its licensors and partners. You
should not rely on the Content of this Site or any other service offered by or
through this Site for medical diagnosis or treatment. You should always check
with your healthcare professional if you have any questions or concerns about
your well-being, condition, and/or the Product, or before starting a new
program of treatment. It is important to avoid self-diagnosis and/or
self-treatment before seeking the advice of your healthcare professional. The Content
on this Site does not constitute a doctor-patient relationship between DKSH and
you. DKSH is not responsible or liable, directly or indirectly, for any form of
damages whatsoever resulting from the use (or misuse) of Content contained in
or implied by this Site. There is no implied endorsement of any sponsored
product advertised on/through the Site. Products and services information
provided on this Site is intended for use in [Singapore] only, and you note
that not all of which are available in every country.
7.3 FOR
HEALTHCARE PROFESSIONALS, THIRD PARTY SERVICE PROVIDERS AND COMPANIES
DKSH disclaims all liability and responsibility
arising from any reliance placed upon the Content that you (including but not
limited to your employees and authorized representatives) provide through your
use of the Site. You are solely responsible for the accuracy and completeness
of your Content, and you must comply with all relevant laws, regulations and
industry codes, including but not limited to anti-corruption and anti-bribery
laws, anti-fraud laws, data privacy laws, regulated advertising laws, codes of
professional ethics and standards, and pharmacovigilance standards and
obligations that you are subject to.
7.4 PRODUCT
INFORMATION
For specific information about particular Products,
you should refer to the full Product use and prescribing information as
approved by the relevant governmental authority of the country where you are
located. The Product use and prescribing information provided here is based on
[Singapore] labeling and may not be appropriate outside of [Singapore].
You should be aware that unless otherwise
stated, any Product(s) under development described on this Site have not been
found safe or effective by any regulatory agency and are not approved for any
use outside of clinical trials.
8. LIMITATION
ON LIABILITY
DKSH,
ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS,
EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY
INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL,
EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, PAIN AND
SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF THE PLATFORM Or SITE, PROVISION OF OR FAILURE TO PROVIDE
SERVICES, OR INFORMATION AVAILABLE FROM THE SERVICES OR PLATFORM, EVEN
IF DKSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
9. INDEMNITY
You
will indemnify and hold DKSH, its subsidiaries, affiliates, licensors, content
providers, service providers, employees, agents, officers, directors, and
contractors (the ‘‘Indemnified Parties’’) harmless from any breach of
these Terms and Conditions by you, including any use of Content other than as
expressly authorized in these Terms and Conditions. You agree that the
Indemnified Parties will have no liability in connection with any such breach
or unauthorized use, and you agree to indemnify any and all resulting loss,
damages, judgments, awards, costs, expenses, and attorneys’ fees of the
Indemnified Parties in connection therewith. You will also indemnify and hold
the Indemnified Parties harmless from and against any claims brought by third
parties arising out of your use of the information accessed from this Site.
10. TRADEMARKS
Trademarks,
service marks, and logos appearing in this Site are the property of DKSH or the
Rights Owner that provided the trademarks, service marks, and logos to DKSH. DKSH
and/or the Rights Owner retain all rights with respect to any of their
respective trademarks, service marks, and logos appearing in this Site.
11. INFORMATION
YOU PROVIDE
You agree
that you will not post, send, submit, publish, or transmit in connection with
this Site any material that:
· you
do not have the right to post, including proprietary material of any third
party;
· advocates
illegal activity or discusses an intent to commit an illegal act;
· is
vulgar, immoral, obscene, pornographic, or indecent;
· does
not pertain directly to the Platform;
· threatens
or abuses others, libels, defames, invades privacy, stalks, is obscene,
pornographic, racist, abusive, harassing, threatening, or offensive;
· seeks
to exploit or harm children by exposing them to inappropriate content, asking
for personally identifiable details, or otherwise;
· infringes
any intellectual property or other right of any entity or person, including
violating anyone’s copyrights or trademarks or their rights of publicity;
· violates
any law or may be considered to violate any law;
· impersonates
or misrepresents your connection to any other entity or person or otherwise
manipulates headers or identifiers to disguise the origin of the content;
· advertises
any commercial endeavor (e.g., offering for sale products or services) or
otherwise engages in any commercial activity (e.g., conducting raffles or
contests, displaying sponsorship banners, and/or soliciting goods or services)
except as may be specifically authorized on this Site;
· solicits
funds, advertisers, or sponsors;
· includes
programs that contain viruses, worms, and/or Trojan horses or any other
computer code, files, or programs designed to interrupt, destroy, or limit the
functionality of any computer software or hardware or telecommunications;
· disobeys
any policy or regulations established from time to time regarding use of this Site
or any networks connected to this Site; or
· contains
hyperlinks to other sites that contain content that falls within the
descriptions set forth above.
DKSH reserves
the right to monitor use of this Site to determine compliance with these Terms and
Conditions, as well the right to remove or refuse any information for any
reason. DKSH reserves the right to terminate your access to the Platform at any
time without notice for any reason, or no reason, whatsoever. DKSH also
reserves the right at all times to disclose any information as necessary to
satisfy any applicable law, regulation, legal process, or governmental request,
or to edit, refuse to post or to remove any information or materials, in whole
or in part, in its sole discretion. Content uploaded to the Site may be subject
to posted limits on use, reproduction, and/or dissemination and you are
responsible for abiding by such limitations with respect to your Submissions,
including any downloaded materials. Notwithstanding these rights, you remain
solely responsible for the content of your Submissions under this Section 11.
You acknowledge and agree that neither DKSH nor any third party that provides
Content to DKSH will assume or have any liability for any action or inaction by
DKSH or such third party with respect to any Submission.
12. SECURITY
Any
passwords used for this Site are for individual use only. You will be
responsible for the security of your password. DKSH will be entitled to monitor
your password and, at its discretion, require you to change it. If you use a
password that DKSH considers insecure, DKSH will be entitled to require the
password to be changed and/or terminate your account.
You
are prohibited from using any services or facilities provided in connection
with this Site to compromise security or tamper with system resources and/or
accounts. The use or distribution of tools designed for compromising security
(e.g., password guessing programs, cracking tools, or network probing tools) is
strictly prohibited. If you become involved in any violation of system
security, DKSH reserves the right to release your details to system
administrators at other sites in order to assist them in resolving security incidents.
DKSH reserves the right to investigate suspected violations of these Terms and
Conditions.
DKSH reserves
the right to fully cooperate with any law enforcement authorities or court
order requesting or directing DKSH to disclose the identity of anyone posting
any e-mail messages, or publishing or otherwise making available any materials
that are believed to violate these Terms and Conditions. BY ACCEPTING THIS
AGREEMENT YOU WAIVE AND HOLD HARMLESS DKSH FROM ANY CLAIMS RESULTING FROM ANY
ACTION TAKEN BY DKSH DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM
ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER DKSH OR LAW
ENFORCEMENT AUTHORITIES.
13. MISCELLANEOUS
These Terms
and Conditions will be governed and interpreted pursuant to the laws of [Singapore],
notwithstanding any principles of conflicts of law. You specifically consent to
personal jurisdiction in [Singapore] in connection with any dispute between you
and DKSH arising out of these Terms and Conditions or pertaining to the subject
matter hereof. The parties to these Terms and Conditions each agree that the
exclusive venue for any dispute between the parties arising out of these Terms and
Conditions or pertaining to the subject matter of these Terms and Conditions will
be in the courts in [Singapore]. If any part of these Terms and Conditions is
unlawful, void, or unenforceable, that part will be deemed severable and will
not affect the validity and enforceability of any remaining provisions. These Terms
and Conditions constitute the entire agreement among the parties relating to
this subject matter. Notwithstanding the foregoing, any additional terms and
conditions on this Site will govern the items to which they pertain. DKSH may
revise these Terms and Conditions at any time by updating this posting.
14. CONTACT
INFORMATION
Questions
or comments regarding the Site may be submitted to custcare.spore@dksh.com.
Last
updated: August 2021.
© 2021
DKSH Singapore Pte Ltd.