WEBSITE TERMS AND CONDITIONS

Definitions and interpretation

• “Frame” means to organise the website into different frames, with each frame displaying a different html document, severing the link between the content and the URL;
• "Hyperlink" means a reference or link from some point in one data message directing a browser or other technology or functionality to another data message or point therein or to another place in the same data message;
• “Information” means information in whatever form including, without limitation, any information relating to medicinal products, propriety information and therapeutic information;
• "Personal information" means personal information as defined in the Protection of Personal Information Act 4 of 2013 (“POPI”);
• “Roche” means Roche Products (Proprietary) Limited (Registration Number:1947/027044/07);
• Roche website also known as “RocheInfo-Hub” means the website displaying official Roche content;
• “Site content” means textual, visual or aural content that is encountered as part of the user experience the website;
• “User” means any person who access and/or uses the Roche website;
• “Website” means the RocheInfo-Hub;
• Unless a contrary intention clearly appears words importing –
  • any one gender include the other two genders;
  • the singular include the plural and vice versa; and
  • natural persons include created entities (corporate or unincorporate) and the state and vice versa.
  • References to "you" and "your" are to any person who visits, browses, or otherwise uses our website or receives any of our e-mails.

 

Allowed use and license

• By accessing the Roche website the User agrees to the terms and conditions herein contained and all applicable laws.
• Roche authorises the User to view, download and print the content of the Roche website, provided that such contents are used for personal, educational and/or non-commercial purposes.
• Content on the Roche website may not be used for any commercial or non-private use without the prior written consent of Roche.
• Users may only access and use the Roche website for lawful purposes.

 

• No person may frame the Roche website in any manner whatsoever without the prior written consent of Roche.
• Users are not allowed to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site content in any way, unless specified.
• you may not use our website, our Services or our Content:
  • in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect
  • for the purposes of submitting false, inaccurate or misleading information on the Website or conducting yourself in a false, inaccurate or misleading fashion, including making any fraudulent offers to sell or buy products, items or services, or to send chain letters or pyramid schemes or anything similar;
  • in any way that constitutes stalking, incites hatred or harm against any other person, is threatening, defrauding, harassing, or advocating the harassment of, another person or otherwise interfering with another person's use of the website, or Services or any Roche Services or Roche Products;
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (for example, spam or junk mail);
  • to create, host, or transmit (whether in a public forum or otherwise) any defamatory, offensive, or obscene material, or engaging in activities which would cause offence to others on grounds of race, religion, creed, or sex;
  • to transmit any computer viruses, worms, defects, trojan horses, time bombs, cancelbots, easter eggs or other computer programming routines or items of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or other personal information;
  • to access, or attempt to access, the accounts of others or to penetrate or attempt to penetrate our or a third party's security measures, computer software, hardware, electronic communication systems, or telecommunications systems;
  • to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or to engage in “screen scraping,” “database scraping,” or any other activity with the purpose of obtaining lists of users or other data; or
  • to conduct any activities which adversely affects the ability of other people or systems to use the Services or the Internet generally.
• Due to the global nature of the Internet, you agree to comply with all local laws and regulations regarding online conduct and acceptable content. You also agree to comply with any applicable regulations regarding the export of any data from any country.
• Any restrictions on the use of the Website or the Content shall also apply to any part of the Website or the Content which may be cached when using the Website or the Content.
• Subject to the further provisions of these Website Terms, you are not allowed to (i) frame, modify, distribute, commercialise, exploit and/or alter the Website or the Content; (ii) incorporate any part of the Content in any other work or publication; and/or (iii) perform any other act which may not be considered fair use.
• In addition, you shall not and shall not allow a third party to:
  • decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas, algorithms, file formats, programming of the software forming part of the website and/or the Content ("the Software") or any files contained in or generated by the Software by any means whatever;
  • remove any product identification, copyright or other notices, from the Software or documentation;
  • lend to a third party or use any portion of the Software (whether or not modified or incorporated with other software) on or with any machine or system other than your hardware; or
  • disseminate performance information or analysis of the Software from any source relating to the Software.

 

IP rights and domain names

• All intellectual property on the Roche website, including but not limited to trademarks, domain names, patents, text, graphics, software, icons, hyperlinks, software, design elements are the property of Roche and are protected from infringement by domestic and international legislation.
• All Site content remains the sole property of the relevant content owner and is protected under all relevant copyright, trademark, patent and other applicable laws.
• Nothing on the Roche website should be construed as granting any licence or right to distribute content without the express written consent of Roche.

 

Severability

If for any reason any of the provisions contained herein are found to be void or unenforceable it will be severed to the extent that it is void or unenforceable and the remaining provisions will continue in full force and effect.

 

Waiver

• Although Roche will make reasonable endeavours to ensure that the content on the Roche website is reliable, inaccuracies may occur. It is therefore important that the User acknowledges that -
  • use of the website is at own risk;
  • the website is provided to the User ‘as is’.
• The User is furthermore prohibited from –
  • placing information, personal or otherwise, on the Roche-InfoHub website unless requested;
  • posting comments on the Roche website;
  • creating additional hyperlinks on the Roche website;
  • defacing the Roche website;
  • deleting, altering and/or amending content on the Roche website.

 

Hyperlinks

• Roche may provide hyperlinks to other websites not controlled by it. Such links do not imply the endorsement, agreement or support for the content of such other sites.
• Downloading material from these sites may risk infringing intellectual property.
• It is the User’s responsibility to access the authenticity of any website which may be hyperlinked to the Roche site.
• Roche is not responsible for ensuring that hyperlinks are operational.

 

Security

• Although Roche acknowledges that a 100 percent secure online environment is unattainable, Roche is committed to taking reasonable security measures to safeguard the content of its website.
• The User’s privacy is very important to Roche. Any information provided to Roche is therefore stored on a secure server.
• Roche does not sell or rent personal information (such as name, address, email address, telephone or fax number) to third parties. Roche does, however, reserve the right to disclose aggregated information regarding its users and usage of the Roche Site (such as User demographics and traffic patterns) to, amongst others, advertisers and suppliers.
• Roche may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.

For further information regarding Roche’s treatment of a user’s personal information, refer to Roche’s Privacy Notice.

 

Disclaimer and limitation of liability

• Information contained on the Roche website is for information purposes only and not intended to constitute professional and/or medical advice as circumstances will vary from person to person.
• Roche is not liable to Users for information posted on the Roche website.
• Roche is not liable for the actions of Users of the Roche website.
• By using the Roche website a User indemnifies, defends and holds harmless Roche, its lawful agents, employees and representatives from all damages, losses and expenses, including legal expenses arising from the following -
  • any claims for the infringement of intellectual property rights, libel, defamation to any material the User may send to the Roche website;
  • the User’s breach of any provisions of these terms and conditions of the Roche website;
  • any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person may suffer as a result of or in consequence of the use of or reliance of any information or material provided for on the Roche website;
  • Roche, its lawful agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person may suffer as a result of entering into any transaction with any third party, including Roche, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on the Roche website or any related site.
  • In no event shall Roche, its lawful agents and representatives referred to in this website, be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Roche website and the material contained therein, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not Roche, its lawful agents, employees and representatives is advised of the possibility of such damages.

 

Removal and correction of content

Users should report any untrue, inaccurate, illegal and/or harmful content appearing on the Roche website. Roche undertakes to correct and/or remove any such content as soon as it becomes aware thereof.

 

Entire agreement

The terms and conditions set out herein constitute the whole agreement between the User and Roche and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by Roche from the User.

• Any failure by Roche to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
• No amendment of these terms and conditions or any provision or term hereof or of any other conditions contained on this website shall be binding unless made by and recorded in written by Roche.
• To the extent permissible by law Roche shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

 

Applicable law

The Roche website is hosted, controlled and operated from the Republic of South Africa, and therefore South African law governs the use of the Roche website.

 

Jurisdiction

The High Court of South Africa (Gauteng Local Division, Johannesburg) shall have jurisdiction with regard to any legal proceedings whatever arising in terms of this Agreement.

 

Contacting us

If you have any questions about our website or these terms of use, including any complaints, please contact us either by e-mail to illovo.medinfo@roche.com, telephone on 0800 21 21 25 , or by post to P.O. Box 1469, Halfway House, 1685, South Africa.

 

Legal costs

Roche shall not be liable for legal costs and expenses incurred by the User to obtain professional advice relating to these terms and conditions.

 

Breach of terms and conditions

Should the User breach any terms and conditions of this website, Roche shall be entitled, without prejudice to its rights in terms of the terms and conditions or at law, to claim damages from the User, commence criminal proceedings and/or obtain an interdict against the User.

 

Update of terms and conditions

These terms and conditions were last updated on 21 September 2021

 

Accuracy of Information

 

Whilst we make all reasonable steps and precautions to ensure the accuracy of all of the Content we make available on our Website, the Content is intended for general information purposes only. It is not intended to, and does not, constitute professional advice or a replacement or substitute for professional advice of any nature.

You understand and agree that our Content may also change from time to time. The Website may therefore not always contain the correct or most up-to-date information, details and descriptions and to the extent allowed by law, we make no representations, warranties, or guarantees, whether express or implied, that our Content is accurate, complete or the most up to date

No Medical Advice

All health and health-related information contained within this Roche website is intended to be general in nature and should not be used as a substitute for a visit with a Healthcare Professional. No information provided in this site may be considered medical advice. The information may not be relevant for your individual situation and may be misinterpreted. Roche assumes no responsibility for how you use information obtained from this site. Before making any decisions regarding your health care, ask your Healthcare Practitioner.