Terms of use

Should you disagree with these conditions, we must ask you not to use this website. By using this website, you declare that you are using the website and its content at your own risk.

Thank you for your interest in the adveva™ for people prescribed MAVENCLAD® patient support programme (the “Programme”) offered through www.mavencladadveva.com.au (“Website”).

Merck Healthcare Pty Ltd (Merck) have directed a third party service provider, hired by Merck (1) manage the MAVENCLAD® adveva™️ patient support programme (2) to collect and use your personal information to register you for the programme and (3) to provide you with the services and features offered as part of the programme, which may include print or online publications, telephone and email messages depending on what you have elected to receive during the registration process. Merck and its service providers comply with all legal requirements of Australia concerning privacy including the Privacy Act 1988 (Cth) (the “Privacy Act”) and the Australian Privacy Principles (“APPs”).

This Website is owned and operated by Merck. Access to and use of this Website is subject to the following Terms and Conditions (“Terms”). Should you disagree with these Terms, we must ask you not to use this Website. By using this Website, you declare that you are using the Website and its content at your own risk and that you agree to be bound by these Terms.

Access

Access to different functionalities on the Website will vary depending on category of user:
(a) Healthcare Professionals (“HCP”)
HCP access includes the following functionality:

  • access to information on multiple sclerosis and Merck products, including downloads of information and educational materials for patients and HCPs;

(b) Patient access includes the following functionality:

  • access to information regarding multiple sclerosis and MAVENCLAD® including educational and instructional materials;

Exclusion and Limitation of Liability

The content, products and services available on this Website are provided on an “as is” basis. Merck does not represent that the information contained in this Website is accurate, comprehensive, verified, complete or error free.

To the maximum extent permitted by law, Merck excludes all liability whether in contract or in tort (including negligence), as to the compatibility, security, quality or fitness for purpose of any content or any goods or services available on this Website. Merck assumes no liability for the contents of any other website you may access from this Website.

Merck will not be liable for any losses sustained and arising out of or in connection with use of this Website including, without limitation, indirect or consequential losses, loss of profit, loss of goodwill, loss of data or special loss. If any law prohibits the exclusion of such liability, Merck limits its liability to the extent permitted by law, to the resupply of the relevant material or information.

Intellectual Property Rights

All intellectual property rights of any kind in this Website is owned by or licensed to Merck and is protected by copyright, trademark and other intellectual property rights and laws. All rights to the Website or arising from the same shall remain with Merck.

Merck grants to you a limited licence to access the Website including any documents, presentations and content contained in it for the purposes set out in these Terms.

Merck may modify this Website and/or discontinue its operation at any time without prior announcement, either wholly or in part, at its own discretion and without accepting liability. Merck is under no obligation to update the content of this Website.

Unless otherwise indicated in these Terms, all details, documents and presentations published on this Website are owned by Merck. Unless written consent has been obtained from Merck (Corporate Communications Department), no permission is given to import published and copyrighted content from our Website to other programmes or Websites or to use such content in any other way.

Unless otherwise provided in these Terms, nothing in these Terms shall be construed as conferring on you any right or licence (by implication, estoppel or otherwise), under copyright or other intellectual property rights, in relation to the Website and content on the Website. Apart from fair dealing for the purpose of personal use, private study, research, criticism or review as permitted under copyright legislation, you may not reproduce, transmit, adapt, distribute, sell, modify or publish or otherwise use any of the material on this Website without Merck prior written consent.

International users must also observe any special provisions under local legislation relevant to this Website and the subject matter of these Terms.

Personal Information

Merck is particularly concerned to ensure the protection of your personal information as defined in the Privacy Act 1988 (Cth) and the Australian Privacy Principles. You will find information on the collection, use and disclosure of personal information in the Privacy Policy and Privacy Statement available on this Website.

The information provided as a consequence of your participation in the Programme does not replace the information and advice provided by a medical practitioner and in the event of any emergency, you should contact your healthcare professional. Your discussions with the Merck personnel may also be provided to your healthcare professional (provided you have given your consent), otherwise the service provider will not disclose your personal information unless required or permitted by law. Merck and its service providers may also use your personal information to follow up on adverse events, for market research purposes and to contact you to provide support and education as part the Programme which may include post, email and telephone communications.

You may withdraw from the programme, access or update your personal information at any time by contacting the Programme coordinator on 1800 290 895.

Prohibited Use

You must only use the Website in accordance with these Terms. You must not do or fail to do, directly or indirectly, anything which may:

  • violate any applicable local, state, national or international laws;
  • infringe or adversely affect our right, title, and interest in the Website or content of the Website;
  • infringe or adversely affect any third party’s rights;
  • interfere with or disrupt the Website’s operation, functionality, security or any hardware, software, servers, networks or equipment connected to it;
  • interfere with or disrupt the use of the Website by other users of the Website;
  • “stalk” or otherwise harass other users of the Website;
  • attempt to monitor, gather or extract information about Website usage, architecture or users; or
  • create a link to any part of the Website without our prior written consent.

This is a secure access website. You must not, without Merck’s prior written consent, modify, reproduce, adapt, alter, decompile, disassemble, reverse engineer, post or upload to another website, transmit, broadcast, copy, duplicate, distribute, publish, create derivative works of, exploit or otherwise deal with any material on the Website in any way, in whole or in part.

If in the reasonable opinion of Merck you fail to comply with any of these Terms, we may terminate or limit your access to this Website.

Information and materials you provide to Merck

Subject to our Privacy Policy, if you provide us with any ideas, suggestions, information or other material on this Website in relation to Merck, our services or this Website, you agree that we may use, reproduce, publish, modify, adapt and transmit them to others free of charge and without restriction.

You must not post or transmit any material on the Website that you do not have the right to post or transmit, for example, under intellectual property, confidentiality, privacy or other applicable laws.

You must not post any material on the Website without providing proper attribution to its original author or copyright owner or without the original owner or copyright owner’s consent.

You must not post or transmit on the Website:

  • unsolicited or unauthorised content, including advertising or promotional materials;
  • content that contains software viruses or any other computer code, files or programmes designed to interrupt, destroy or limit the functionality of the Website; or
  • content that is harmful, obscene, offensive, abusive, invasion of privacy, defamatory, hateful, illegal or otherwise discriminatory.

Links

This Website may contain links to other websites which are not under Merck control or which are not maintained by Merck.
The links to any such third party websites are provided for your convenience and information only. If you access these websites you do so at your own risk.

Merck is not responsible for the content of those websites and will not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or your reliance on any such content.

The fact that a website is linked to this Website does not imply any endorsement or sponsorship by us of that website or that Merck is affiliated in any way with the third party operating that third party website.

Third Party Content, Products and Services

Products and services offered for sale or advertised, and other information found on this Website may be the products, services, and information of third parties. Third party products and services are not provided by Merck. If you purchase third party products and services, your legal relationship will be with the third party supplier and not Merck. You must check with any third party supplier as to the terms of provision of such products and services and the costs and charges involved. Merck may receive fees or commissions from third parties for such products and services.

Effect on our Terms and Conditions of Sale

Unless express otherwise specified in writing, the Terms and Conditions of Sale of Merck are not affected by the Website, it’s content, material or details.