Terms of use

Terms of use

1. Introduction

Merz Pharma UK Ltd (“Merz“, “we”, “us“), 260 Centennial Park, Elstree Hill South, Elstree, Hertfordshire, WD6 3SR, operates the Websites www.cellfina.co.uk and www.cellfina.ie (the “Websites”). These Terms of Use apply to your use of the Websites. By using our Websites, you accept these Terms of Use and agree to comply with them. If you do not agree to these terms, please do not use these Websites.

2. Other applicable terms

These Terms of Use refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy, which sets out the terms on which we may process any personal data we collect from you or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

Our Cookie Policy, which sets out information about the cookies on our site.

These documents and any other terms or policies listed on our site, (together with any documents referred to in them) (the “Terms”) constitute the entire agreement between you and us in relation to your use of our site or any services, and supersedes all previous agreements in respect of your use of such site or any services.

3. Information about us

Our site is owned and operated by Merz Pharma UK Limited, 260 Centennial Park, Elstree, Hertfordshire, WD6 3SR.

We are regulated by the Prescription Medicines Code of Practice Authority and comply with the Association of British Pharmaceutical Industry Code of Practice and the Association of British Healthcare Industry Code of Practice.

We only use your personal information in accordance with our Privacy Policy. Please take the time to read our Privacy Policy, as it includes important terms which apply to you.

4. Changes to these terms

We may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we make, as they are binding on you.

5. Changes to our website

We may update our site from time to time, and may change the Content at any time. However, please note that any of the Content on our site may be out of date at any given time, and we are under no obligation to update it.

We do not guarantee that our site, or any Content on it, will be free from errors or omissions.

6. Accessing our site

Our site is made available free of charge.

We do not guarantee that our site, or any information on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice. We will not be liable to you if for any reason our site is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our site.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of the Terms and other applicable terms and conditions, and that they comply with them.

7. Intellectual property rights

We are the owner or licensee of all intellectual property rights in our site, and in the material we publish on it (the “Content”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved and unless otherwise specified, the authors of such works asserts their moral right under Chapter 4 of the Copyright, Designs and Patents Act 1988 to be identified as the author of the relevant works.

You may print off one copy, and may use small quotations extracted from any page(s) of our site for your personal use provided you acknowledge the appropriate site (and author) and, where applicable, provide a link back to the original source. You must not use any part of the Content on our site for commercial purposes without notifying us of your intentions and obtaining a licence to do so from us or our licensors.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

If you print off, copy or download any part of our site in breach of these Terms of Use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Nothing on this site should be construed as granting, by implication or otherwise, any licence or right in or to our intellectual property rights without our express written permission.

The following copyright notice must appear on every copy of the Contents of this site or a portion thereof: Copyright © 2017 Merz. All rights reserved.

8. Reliance on information posted on our site

The Content is provided for general information only and is not intended to amount to advice on which you should rely.

Our site may contain expert opinions, or information identified as expert opinion may be accessed from this site via a hyperlink. Such content represents the opinions of these respective experts. In all circumstances, you must obtain professional or specialist advice or conduct your own due diligence before taking, or refraining from, any action on the
basis of any information on the Website.

Before proceeding with any Cellfina® treatment, you should carefully consider its appropriateness for you and discuss the options with your aesthetic practitioner.

We therefore disclaim all liability, to the fullest extent allowed by law and in accordance with section 10 below, and responsibility arising from any reliance placed on such information by any visitor to or member of our site, or by anyone who may be informed of any of the any of the information on the Websites.

Although we use our reasonable efforts to update the Content, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up-to-date.

9. Limitation of liability

Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the use of, or inability to use, our Website.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;
business interruption;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.

If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business
interruption, or loss of business opportunity.

If defective digital Content that we have supplied, damages a device or digital Content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

10. Information about you and your visits to our site

We may process information about you in accordance with our Privacy Policy. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

11. Viruses, hacking and other offences

We do not guarantee that our sites will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our sites, the server on which our site is stored or any server, computer or database connected to our sites. You must not attack our sites via a denial-of-service attack or a distributed denial-of-service attack.

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by
disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

12. Linking to our sites

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any websites that are not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice. The websites from which you are linking must comply in all respects with the Content standards set out in these Terms of Use.

If you wish to make any use of material on our site other than that set out above, please address your request to Customer Services, Merz Pharma UK Ltd, 260 Centennial Park, Elstree Hill South, Elstree, Herts WD6 3SR.

13. Links from our sites

Where our site contains links to other websites and resources provided by third parties, these links are provided for your information only. We have no control over the Content of those websites or resources, and accept no
responsibility for them or for any loss or damage that may arise from your use of them.

14. Jurisdiction and applicable law

These Terms of Use shall be governed and construed in accordance with the laws of England. We both agree to the exclusive jurisdiction of the courts of England. If you are deemed a consumer and live in Scotland or Northern Ireland, you can bring legal proceedings in either the Scottish, Northern Irish or the English courts.

15. Compliance with export rules and regulations

The Content, any software accessed via our site or your purchase of our products may be subject to export control laws and regulations and other applicable local laws. You agree to comply with any such applicable laws.

16. Trade marks

MERZ and Cellfina® are trade marks of Merz Group. You are not permitted to use the marks without our approval, unless you are using it as part of material you are permitted to use under these Terms of Use.

17. Miscellaneous

We may transfer, sub-contract or otherwise deal with our rights and/or obligations under the Terms without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these Terms of Use without our prior written consent.

If a provision of the Terms is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be
lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

The Terms are for the benefit of you and us, and are not intended to benefit any third party or be enforceable by any third party.

These Terms of Use and any documents referred to contain the entire understanding between the parties with respect to the matters contained herein and therein.

18. Contact Us

To contact us, please email customerservices@merz.com Thank you for visiting our site.