TERMS OF USE GRIFOLS AUSTRALIAN HCP PORTAL FOR BIOPHARMA PRODUCTS
1. INTRODUCTION AND COMPANY'S DETAILS
These are the Terms of Use of the Grifols Australian HCP Portal for Biopharma Products (the "Platform") operated by GRIFOLS AUSTRALIA PYT Ltd., an Australian company with registered offices at Unit 5/80 Fairbank Road, Clayton South, Victoria 3169, Australia, Australian Business Number 35 050 104 875 ("Grifols").
To contact Grifols in a direct and effective manner, users can write to the e-mail australia_info@grifols.com or they can call to Tel: +61 3 9535 9333.
2. OBJECT AND SCOPE OF APPLICATION
These Terms of Use regulate access to, and use of, the contents of the Platform, which are only intended for healthcare professionals practising in Australia. At any time, Grifols reserves the right to modify the presentation, configuration and content of the Platform, as well as the conditions to access and use the Platform. Grifols may also cease to make the Platform available. Access to, and use of, the Platform once its contents and/or its Terms of Use are modified and come into force, entail users' acceptance to the modified Platform and Terms of Use.
By accessing, browsing and using the Platform, the user of the Platform represents and warrants that it is a healthcare professional practising in Australia (the "User") and accepts these Terms of Use.
Access to the Platform is free of charge, except for the connection costs of the telecommunications network offered by the internet provider contracted by the User.
3. USER OBLIGATIONS
The User undertakes to:
- Accept and comply with these Terms of Use and any document that forms part of said terms and use the Platform and its contents in accordance with the instructions that Grifols makes available from time to time.
- Not use the Platform contents in any manner that may contravene the provisions of these Terms of Use or any other applicable laws that regulate the use of the Platform or its contents.
- Use the available contents, materials and information for personal use, and not for further distribution, publication, public display, or preparation of derivative works or facilitate any of these activities in any way.
- Neither alter nor manipulate the contents of the Platform, unless otherwise authorised expressly by Grifols.
- Safeguard the log-in details to access the Platform securely, and not share them or make them available to third parties.
- Neither store nor communicate through the Platform illegal contents or contrary to moral or public order, as well as defamatory, aggressive, obscene, explicitly sexual, offensive, violent or encouraging violence, racism or xenophobia or, in general, illegal or harmful for third party rights, physical integrity or moral.
- Not divulge other users' or third parties' personal data without their prior express authorisation or without any other legal justification.
- Not defame, abuse, disturb, harass or infringe in any other manner Users' or third parties' rights.
- Not eliminate or attempt to eliminate any security measures adopted in the Platform.
- Comply with the current legislation.
4. REGISTRATION AND LOG-IN DETAILS
In order to access the Platform, Users need to send an e-mail to hcpgateway@grifols.com and once Grifols confirms that Users are registered with the Australian Health Practitioner Regulation Agency (AHPRA) it will send an e-mail containing a link to fill in a data collection form to register to the Platform and to create its own password to access the Platform.
Grifols assumes that the activity being carried out with valid log-in details has been carried out by a User that holds said long-in details.
If a User suspects that other individuals know his/her log-in details or suspects that his/her account is being used to carry out unusual activities, said User must immediately notify Grifols.
The password used by a User to access the Platform cannot be the same password they use to access any systems other than Grifols', including personal accounts. Users must not trust any emails, messages or phone calls in which someone requests their passwords.
Each time a User accesses the Platform, it must verify that the address in the browser actually corresponds to the Platform's address.
5. INTELLECTUAL PROPERTY RIGHTS
Grifols is the owner or has obtained the corresponding license of any exploitation intellectual and industrial property rights over the Platform, as well as any intellectual and industrial property rights over the arrangement of the Platform contents (sui generis right for the protection of databases), the graphic design (look & feel), the underlying software (including source code), as well as any elements integrating the Platform (texts, graphics, photographs, videos, audio recordings, etc.) and any software related to the Platform.
In no event, accessing, exploring, using, storing and/or downloading contents, materials and information of the Platform and/or using the services herein provided will be understood as a waiver or transfer (neither total nor partial) of any of the aforementioned rights by Grifols or the relevant owner. The User is entitled to utilise the intellectual and industrial property rights with the sole purpose of accessing the contents of the Platform.
Consequently, Users are not allowed to eliminate, suppress or manipulate author copyright notices, other identification details of Grifols or of the corresponding content owners, as well as any technical protection devices or any information and/or identification mechanisms contained therein.
In particular, it is strictly forbidden to use the Platform content for its inclusion, partially or totally, in any other websites without Grifols' prior and written authorisation and to reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying software of the Platform, unless prior and written authorisation of Grifols or otherwise permitted by applicable law.
References to registered or non-registered trade names, trademarks, logos and other distinctive signs, either owned by Grifols or by any other third parties, must not be used without the prior consent of Grifols or its owners. In no event, although otherwise expressly stated, access or use of the Platform grants Users any rights over the trademarks, logos and distinctive signs protected by law.
Intellectual property rights are reserved and, in particular, it is forbidden to modify, copy, reuse, exploit, reproduce, transform, publicly communicate, make second or subsequent publications, load files, send by mail, transmit, use, process or distribute in any form, either totally or partially, the contents included in the Platform for public or commercial purposes without the prior written and express authorisation of Grifols or of the owner of such rights.
Users will maintain Grifols and its licensors harmless from any third party actions claiming that their intellectual and/or industrial property rights have been infringed due to the lack of compliance of this clause by said Users.
6. RESPONSIBILITY
The contents, materials and information included in the Platform are to be used within the Users' professional field.
Grifols rejects any responsibility derived from the unlawful or unauthorised access to the Platform. Grifols shall not be liable for any damages caused to the Users or to any third party if the Platform is not used following Grifols' guidelines.
As long as permitted by the applicable law, Grifols does not guarantee and is not responsible for: (i) the continuation of the Platform contents, materials and information contained therein; (ii) the absence of errors in such contents; (iii) the absence of viruses and/or harmful components in the Platform or in its server; (iv) the lack of security of the Platform and/or the strength of the security measures adopted in the Platform; (v) the lack of utility or performance of the Platform contents and (vi) the damages caused by any person who infringes the conditions, rules and instructions of Grifols established on the Platform or due to the violation of the security systems.
If illicit, illegal, contrary to laws or other content infringing intellectual and/or industrial property rights come to the knowledge of Users, the User shall immediately notify Grifols so that Grifols can proceed to the adoption of the corresponding measures.
7. CONTENT
The information, contents and materials included in the Platform are informational and shall be treated as private and confidential by taking the upmost precaution to avoid revealing it to any third party. The information, contents and materials, as well as any other information contained in the Platform shall under no circumstance be considered as promoting or recommending Grifols' products.
8. POLICY ON LINKS
In order to help Users to find information about other products or services of their interest, the Platform may offer links to other websites through different buttons, links, banners, etc., which are managed by third parties. Grifols does neither have the faculty nor the human and technical means to know, control and approve the information, contents, products or services offered through other websites which are linked from the Platform.
Consequently, Grifols is not responsible for any aspects related to the websites which are linked from the Platform. For announcement purposes only, Grifols will not be responsible for the operation, access, data, information, files, quality and reliability of the products and services, the links and/or any other contents generally offered through the websites which are linked from the Platform.
In this sense, if Users have effective knowledge of the illegal character of the activities carried out through these third party websites, they shall immediately notify Grifols so that it proceeds to disable the link that permits access to said websites.
The establishment of links from the Platform to websites belonging to third parties does not imply the existence of any kind of relationship, collaboration or reliance between Grifols and the responsible person of the third party website.
9. UNSOLICITED COMMERCIAL EMAIL (SPAM)
Grifols prohibits the use of the Platform to generate or send unsolicited commercial email. If Grifols considers that certain information may be of interest to the User, it reserves the right to provide this information to it by e-mail, provided it has a legal justification to do so, while offering the opportunity to unsubscribe from this service.
10. PERSONAL INFORMATION
The processing of Users' personal information is regulated in the document Privacy Notice.
11. MODIFICATION OF THESE TERMS OF USE
Grifols may modify, totally or partially, the terms and conditions herein regulated by publishing any modifications in the same manner as these Terms of Use or through any communication addressed to Users.
Therefore, the temporary validity of these Terms of Use is coincident with the period within which such terms are available to Users. The modified Terms of Use will come into force once these are totally or partially modified. Access by Users to the Platform will imply the express acceptance of the modifications included in the Terms of Use.
At any time, Grifols may terminate, suspend or interrupt access to the contents, materials, information and services of the Platform, without giving prior notice to Users and without Users being entitled to compensation for damages. Upon termination, the prohibitions of use on the contents, materials, information and services mentioned in these Terms of Use will continue being applicable.
12. MISCELLANEOUS
The heading of the provisions are for information purposes only and will not affect, qualify or amplify the interpretation of these Terms of Use.
In case any provision of these Terms of Use is, totally or partially, considered null or inapplicable by any competent court, tribunal or governmental body, such nullity or inapplicability will not affect the rest of the provisions of these Terms of Use.
The lack of exercise or execution by Grifols of any right or provision contained in these Terms of Use will not constitute a waiver to such right or provision, unless made in writing.
13. APPLICABLE LAW AND JURISDICTION
The relationship between Grifols and the Users will be governed by the law of Victoria, without prejudice of any law applicable by virtue of the provisions on applicable law and jurisdiction regulated in Victorian laws. However, if applicable legislation permits choosing the jurisdiction, Grifols and Users, expressly waiving any other jurisdiction, will subject any disputes to the courts of the State of Victoria.
Creation date: February 2022