GlaxoSmithKline Externalisation Self Registration Portal - Terms of Use |
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IMPORTANT!
YOUR REGISTRATION AND USE OF THIS GlaxoSmithKline
externalisation Self Registration Portal (the “Site”) to
gain access to GSK's systems, applications, INFORMATION or other
resources (collectively the “Systems”) CREATES A LEGALLY
BINDING CONTRACT BETWEEN YOU AND GLAXOSMITHKLINE (“GSK”). READ THIS DOCUMENT
CAREFULLY. DO NOT USE THIS SITE OR THE SYSTEMS IF YOU DO NOT INTEND
TO BE LEGALLY BOUND TO THESE TERMS OF USE, WHICH MAY HAVE CHANGED
SINCE THE LAST TIME YOU USED THE SITE.
When you use the Site or Systems, you are representing to GSK that
you:
When
you use this Service, you agree that YOU WILL NOT:
GSK
may use information held about you, or provided by you throughthis
Site, to control access to the “Systems”. The information
GSK holds and processes on the Site and Systems are subject to GSK's
Privacy
Statement.
Your
use of the Site, and your access to the
Systems are and will be subject to these Terms of Use. You agree that
you will use the Site and the Systems in a manner consistent with
these Terms of Use, and other posted instructions.
Authorised
User Conduct
You
agree not to interrupt or attempt to interrupt the operation of the
Site or the Systems in any way or to attempt to gain unauthorised
access to the Site, any portion thereof, or to any other Systems
using the identity generated through this Site.
You
agree that you will not use the Site or the Systems in any manner
that could damage, disable, overburden, or impair it or interfere
with GSK’s or any other party‘s use and enjoyment of the
Site or Systems.
You
agree that you will not obtain or attempt to obtain any materials or
information through any means not intentionally made available or
provided for through the Site or in relation to any Systems.
Unauthorised
use of the Site or Systems, including, but not limited to,
unauthorised entry or attempted entry into any Systems, misuse of
passwords, misuse of any information available in or through the Site
or Systems, or illegal conduct, is strictly prohibited. GSK reserves
the right to prohibit access to anyone determined to be violating or
attempting to violate these Terms of Use.
Account
and Password
When
you register through the Site, you will be issued an account which
will have an assigned user name and password. You are responsible for
maintaining the confidentiality of your user name and password.
You
are solely responsible for all transactions, communications, and acts
or omissions that occur through the use of your user name and
password by you or any person or entity using a password provided to
you, whether or not such access or use has been authorised by you.
GSK
will not be responsible or liable for any loss or damage arising from
your failure to comply with this provision. If you believe that
someone has used your account to access the Site or any Systems, you
should immediately contact us.
Third
party service providers
We
may use third party service providers ("Third Party Service
Providers") to provide certain content or services with or without
notice to you. We may also change Third Party Service Providers from
time to time and at any time with or without notice to you. You
consent and authorise us to delegate the authorisations you provide
to us to Third Party Service Provider(s) as we deem necessary or
desirable to provide services, or access to the Site or any Systems.
Intellectual
Property Rights
The
Site and the Systems contain copyrighted works, trade marks and other
proprietary material owned by GSK or Third Party Service Providers.
GSK
and its licensors own all rights, title and interest in and to the
Site and the Systems, all the content, data and materials thereon
(with the exception of your personal information), the look and feel,
design and organisation of the Site and Systems, and the compilation
of the content, data and materials on the Site and Systems, including
but not limited to any copyrights, trade mark rights, patent rights,
and other intellectual property and proprietary rights therein.
You
may not copy, reproduce, modify, create derivative works of, publish,
transmit, display, sub-license or distribute material or images from
the Site or any Systems without GSK’s express written
permission.
Nothing
contained herein shall be construed as conferring by implication,
estoppel or otherwise any licence or right under any patent or trade
mark of GlaxoSmithKline or any third party. Except as expressly
provided above, nothing contained herein shall be construed as
conferring any licence or right under any GSK copyright.
Should
any viewer of a GSK published document respond with information
including feedback data such as questions, comments, suggestions, or
the like regarding the content of any such GSK material, such
information shall be deemed to be non-confidential and GSK shall have
no obligation of any kind with respect to such information and shall
be free to reproduce, use, disclose, and distribute the information
to others without limitation. GSK shall be free to use any ideas,
concepts, know-how or techniques contained in such information for
any purpose whatsoever including but not limited to developing,
manufacturing and marketing products incorporating such information.
Modifications
to the Site and the Services
GSK
may terminate, change, suspend or discontinue any aspect of the Site
(or any Systems to which your account may entitle you to have
access), including, but not limited to, content, features or hours of
availability. GSK may also impose limits on certain features of the
Site or the Systems, or restrict your access to part or all of the
Site or Systems without notice.
Limitation
of Liability
Under
no circumstances, including, but not limited to, negligence, shall
GSK, or its subsidiary or parent companies or their affiliates,
directors, officers, employees, agents, or any Third Party Service
Providers be liable for
any direct, indirect, incidental, special, consequential, exemplary
or punitive damages that result directly or indirectly from; (1) the
use of or inability to use the Site or any Systems, content,
materials or functions related thereto; or (2) the consequences of
any decision made or action or non-action taken by you as a result of
your use of the Site or any Systems; or (3) any other matter relating
to the content, Systems, or distribution of services through the
Site. You further agree and acknowledge that additional terms and
conditions relating to our and your liability may be set out in such
additional contract terms as may relate to your access to the
Systems, or to the provision by you of services which require access
to the Systems.
Legal
Notices
Although
we use reasonable efforts to provide accurate and up-to-date
information through the Site, and in the Systems, neither GSK nor any
Third Party Service Provider makes any warranties or representations
as to the availability, accuracy, reliability, uptime or
uninterrupted access, or completeness of content on the Site and any
Systems. To the fullest extent permitted by law, GSK disclaims all
warranties of any kind, whether express or implied, with regard to
information contained on the site and any service, including all
implied warranties of merchantability, fitness for a particular
purpose and non-infringement.
Nothing
on this Site constitutes an invitation or offer to invest or deal in
the shares, securities or ADRs of GSK or any of its affiliated
companies. In particular, actual results and developments may be
materially different from any forecast, opinion or expectation
expressed on this Site (or any System you may access through the
account provided via this Site) and the past performance of the price
of shares or securities must not be relied on as a guide to their
future performance.
GSK
offers products and services to diagnose, prevent and treat disease.
Its prescription medicines, for prescription by healthcare
professionals, are regulated by government agencies in each of the
countries in which it does business, such as the Food and Drug
Administration in the United States of America or the Medicines
Control Agency in the United Kingdom.
These
regulations often restrict the prescribing information that can be
disclosed to the public so that you need to consult with your health
care professional. You may also need to visit other healthcare Web
sites to find out more about prescription products.
In
spite of GSK’s efforts, the information in this Site or any
Systems may become out of date over time. Nothing on this Site (nor
in any Systems) should be construed as the giving of advice or the
making of a recommendation and it should not be relied on as the
basis for any decision or action. It is important that you rely only
on the advice of a health care professional to advise you on your
specific situation, if you are considering any aspect of the use of
GSK products. GSK accepts no liability for the accuracy or
completeness or use of, nor any liability to update, the information
contained on this Site or in the Systems.
Access
to the Site and Systems is provided on an "as is" basis,
without warranty of any kind, either expressed or implied, including,
but not limited to, the implied warranties of merchantability,
fitness for a particular purpose, or non-infringement. Some
jurisdictions do not allow the exclusion of implied warranties, so
the above exclusion may not apply to you.
Confidentiality
Subject
to the provisions of any written agreement between you and GSK, all
information in or available through the Systems shall be deemed to be
confidential to GSK and you agree (i) to protect all such GSK
information as you do your own information of a similar nature, but
in any case to use at least reasonable measures to protect such
information from unauthorized disclosure and use, and (ii) to obtain
GSK’s express written consent prior to disclosing any such
information to any third party other than your employees who need to know such
information and are bound in writing to keep such information
confidential. For the
avoidance of doubt, GSK Confidential Information shall include,
without limitation, GSK data, information created or obtained from
GSK’s third party customers, agents, or suppliers, the medical
information of any person whatsoever, the computer software and
documentation of third parties, and any data or information stored
electronically or on backup media.
Choice
of Law
These
Terms of Use constitute the entire agreement regarding the Site, and
apply in addition to any other terms and conditions that may apply to
your use of the Systems, and supersedes all prior or contemporaneous
communications, whether electronic, oral or written between you and
us with respect to the Site.
The
Site may be operated from our facilities in the United States of
America or the United Kingdom. These Terms of Use are governed by and
construed in accordance with the laws of England and Wales, without
giving effect to any principles of conflicts of law.
If a court determines that any term or condition in these Terms of
Use is illegal or unenforceable, then such term will be eliminated
and the remaining terms and conditions will remain in force and
effect. You further agree to accept the exclusive jurisdiction of the
English courts.
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