Version 1.1 - Effective Date: 03.05.2016

Terms of Use

Merz Pharmaceuticals GmbH (“Merz“, “we“, ”us“), Eckenheimer Landstrasse 100, 60318 Frankfurt, Germany, operates the website www.merz-institute.com (the “Website”).
These Terms of Use apply to your use of the Website.

1 Registration

1.1 Parts of the Website are reserved for healthcare professionals and require a prior registration (“Registered Users”).
1.2 In order to register you must be a natural person with full legal capacity and a healthcare professional (medical practitioner/physician, dentist or pharmacist).
1.3 Registration or acceptance of registration does not affect any professional limitations that may be placed on a healthcare professional by legislation, rules and policies.
1.4 For the registration you are required to submit personal data, such as your name, date of birth, profession, discipline, registration number, practice address and email address (together the “Registration Data”). You are also required to choose a user name and password (together the “Log-in Information”).
1.5 Merz is entitled to request relevant proof (e.g. certificate of professional qualification, DocCheck authentication) that you are a healthcare professional.
1.6 All Registration Data must be complete and accurate. You are required to update your Registration Data if it changes.
1.7 We reserve the right to decline registration or activation in case of the suspicion of fraud or falsity of personal information. No right to registration and/or activation exists.
1.8 You will receive an email containing a link you are required to activate to confirm your registration. Only after successful confirmation of your registration you are able to access and use the parts of the Website that are reserved for Registered Users only (the “Registered Access”).
1.9 As soon as a precondition for becoming a Registered User (e.g. being a healthcare professional) no longer exists, you have to immediately notify us by sending an email to merz-institute@cocomore.com and your right to use the Access ceases automatically.
1.10 You may register only once. We reserve the right to close any additional accounts a Registered User may register on the Website.
1.11 With registration on this Website you agree that the payment is processed by the external provider “Payone”. Payone will not use your data for any other than the payment process. Payone and Merz have entered into a data processing agreement.

2 Using the Website and the Log-in Information

2.1 You are required to keep your Log-in Information secure at any time and must not share it with other third parties, in particular where legislation restricts access to product or professional information by lay persons. In the event you become aware of or reasonably suspect any breach of security, such as an unauthorised use of your Log-in Information by a third party, or of any loss, theft or disclosure of your Log-in Information, you must immediately notify us.
2.2 Your Access is personal to you and you may not disclose, assign or otherwise transfer your Access and/or Log-in Information to any other person or entity.
2.3 You are responsible for all transactions made through your Access, irrespective of whether you act negligently or wilfully.
2.4 Registered Users may have access to shopping services offered by us through the Website (the "Shopping Services"). The purchase of products and items through the Shopping Services is subject to the Terms of Sale.

3 Use of your personal information

3.1 Your personal information, as collected on this website, will only be collected, used, destroyed, accessed, etc. (“processed”) within the context of the Website, Registered Access and this agreement except in the cases mentioned in our Terms of Use.

4 Guidelines for using the Website and/or Registered Access

When using the Website and/or the Registered Access, all illegal, harmful or otherwise inappropriate conduct, including, but not limited to the following, is prohibited:

• Providing any incorrect or false data when accessing and/or using the Website;
• Conducting in any fraudulent activities, in particular in connection with transactions through the Shopping Services;
• Sharing or making unauthorised copies of software, videos, documents, music, images and other content;
• Illegal, harassing, hateful, defamatory, embarrassing, offensive, obscene, sexually explicit or otherwise objectionable actions;
• Using unauthorised software designed to modify or otherwise inappropriately use the Website or any part of it;
• Gaining unauthorised access to any of our or third party service providers’ computers, hardware, equipment, servers or networks used to support the Website;
• Hosting, intercepting, emulating, reverse engineering any part of the Website or redirecting the communication protocols used as part of the Website, regardless of the method used to do so (unless explicitly permitted under applicable law);
• Posting, uploading or otherwise making available any content that infringes the rights of others, including any patent, trademark, trade secret, copyright, privacy rights, portrait rights or other intellectual property or proprietary rights;
• Using or propagating computer viruses, worms, Trojan horses, trap door programs or any other malware whatsoever.

5 Third-Party content

The Website may contain links to websites of Merz Group and/or of other third party entities or may offer access to third party content of Merz Group and/or of other third parties. We assume no liability in this respect.

6 Limitation of liability

6.1 We are liable in accordance with statutory law (a) for damages arising as result of an injury to life, limb and/or health; (b) in case of intent; (c) in case of gross negligence; and/or (d) in case we are in breach of the requirements of the German Product Liability Act.
6.2 Without limiting the liability under section 6.1 above, the following applies: We may only be liable for slight negligence in cases of a breach of a “material” contractual obligation hereunder. “Material” obligations in this sense are obligations that are necessary for the fulfilment of this agreement, the breach of which would jeopardize the purpose of the agreement and the compliance with which you may generally trust in. In such cases, the liability will be limited to the typical and foreseeable damages; in other cases we shall not be liable for slight negligence.”

7 Termination of the Access

7.1 Registered Users can terminate their Access at any time by sending an email to content-support@merz-institute.com or sending a letter to Merz Pharmaceuticals GmbH, Global Medical Education and Training Aesthetics, Eckenheimer Landstrasse 100, 60318 Frankfurt Germany.
7.2 We are entitled to terminate your Access by giving one month notice.
7.3 We may terminate your Access, at any time, without notice if you breach the terms of these Terms of Use. In case of minor breaches we will provide you with a prior warning outlining your non-compliance and give you an opportunity to remedy this. However, if your behaviour is unacceptable, we are is not required to provide you with such prior warning. Behaviour is considered unacceptable in particular in case of serious violations of sections 2.1, 2.2, 2.3, 2.4 and 3 of these Terms of Use.
7.4 The termination of your Access for any reason will prevent your use of parts of the Website that are reserved for Registered Users, including, but not limited to the Shopping Services, and will lead to a termination of any and all licenses granted in connection with your Access, including licenses you acquired through the Shopping Services.

8 Change of Terms of Use

A current version of these Terms of Use will always be available on the Website, identified at the top of the page by its effective date. We may change these Terms of Use at any time. In case of any changes, we will notify Registered Users by e-mail. If a Registered User does not object to these changes within four weeks after they have been notified to the Registered User, the changes will be deemed to be accepted by the Registered User. With the e-mail notification we will remind the Registered User that the changes will be deemed to be accepted if the Registered User does not object to these changes within four weeks after the notification. If the Registered User objects to the changes, we reserve the right to terminate the Access giving one month notice.

9 Miscellaneous

This Terms of Use together with the Terms of Sale contain the entire understanding of the Parties with respect to the matters contained herein and therein.
In the event of any provisions of this Terms of Use being or becoming ineffective or of any omission being discovered, the validity of the remaining provisions shall not thereby be affected.
In place of the ineffective provisions or for the purpose of rectifying the omission a reasonable arrangement shall operate being the nearest legally possible approach to that which the Parties hereto desired or would have desired in consideration of the spirit and object of this Terms of Use had they considered the point.
The Parties agree that in case of any inconsistencies or differences, regarding the interpretation of any term or wording in this Terms of Use the interpretation according to the German meaning shall prevail.

10 Applicable Law

This Terms of Use shall be governed by and construed in accordance with the laws of Germany excluding the UN Sales Convention on Contracts for the International Sale of Goods and without reference to conflict of laws principles.
The venue for all disputes arising from this Terms of Use shall be Frankfurt am Main, Germany.

Version 1.1 - Effective Date: 03.05.2016 TERMS OF USE