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Healthcare Professional Website Terms & Conditions of Use (Hong Kong)

Last Updated: March 2018

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. By accessing or using this Website, you acknowledge and agree that you have read, understood and agreed, without limitation or qualification, to be legally bound by, and to act in accordance with, these terms and conditions of use (“Terms of Use”) which constitute a legal agreement with Pfizer Corporation Hong Kong Limited (“Pfizer,” “we,” “us,” or “our”) in relation to your use of this Website, our mobile application, and any content, product, service or feature made available through this Website or mobile application.

IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE DO NOT ACCESS OR USE THIS WEBSITE.

Pfizer may also revise these Terms of Use from time to time by updating this posting. You agree that all notices posted on this Website constitute valid notices to you under any legal requirements. You are encouraged to visit this area each time you visit this Website to keep up to date with the current Terms of Use governing your use of this Website. Your continued use of this Website after any such change or revision reaffirms your continuing agreement to be legally bound by the then-current Terms of Use and all other policies or notices posted on this Website.

As used in these Terms of Use, the words “you” and “your” refer to you, the user of this Website, as the party agreeing to these Terms of Use.

Use of this Website. This Website is intended for use only by healthcare professionals residing in Hong Kong. You are required to declare and confirm that you are a qualified healthcare professional in Hong Kong before you may access or use this Website. This Website is provided for your viewing, general information and educational purposes only. Nothing on this Website should be construed as providing any kind of medical advice or recommendation, and should not be relied on as the basis for any decision or action. Pfizer has the sole and exclusive discretion to monitor, control and terminate access to this Website at any time without providing any reason or prior notice.

Disclaimer. Although Pfizer will use reasonable efforts to include accurate and up-to-date data, information, images, graphics, contents, articles and materials (collectively “Contents”) on this Website, Pfizer makes no warranties or representations of any kind as to (a) the accuracy, currency, usefulness or completeness of the Contents or any part thereof; (b) the appropriateness or suitability of the Contents for your purposes; (c) the error-free or uninterrupted availability of the Contents or this Website; or (d) the availability of the Contents for use outside of Hong Kong. The views and opinions of authors expressed in the Contents do not necessarily reflect those of Pfizer.

Pfizer does not endorse or recommend any commercial products, devices, processes or services disclosed in or displayed on any of the Contents or this Website or appeared in any pop-up advertisements on your web browser when visiting this Website. You may not use any of the Contents for advertising or product endorsement purposes.

Notwithstanding anything to the contrary provided, you agree that access to and use of this Website and the Contents are at your own risk. The Contents are provided on an “as is” and “as available” basis without warranty of any kind and to the extent permitted by Hong Kong law, Pfizer disclaims all warranties, whether express or implied, including warranties of merchantability, fitness for purpose or non-infringement. Neither Pfizer nor any party involved in creating, producing or delivering this Website or the Contents shall be liable for any claims, actions, losses, expenses, costs or damages, including without limitation, any direct, incidental, consequential, indirect or punitive damages, arising out of or in relation to any access to, use of or inability to use this Website or Contents, or any errors or omissions in the Contents. This limitation includes damages to, or for any viruses that may infect, your computer equipment or any loss of data.

Indemnification. You agree to indemnify, defend and hold harmless Pfizer, its affiliates, their respective officers, directors, employees and agents, its suppliers, licensors and third party partners from and against all claims, actions, losses, expenses, damages and costs, including reasonable attorneys' fee, resulting from or in relation to any violation by you of any of these Terms of Use.

Contents. Contents in this Website may comprise of latest scientific updates, such as fact sheets and medical journals, and other experts’ opinions, such as conference slides and expert videos, which are made available for reference only. You are required to conduct your own verification on their accuracy and completeness. Any reliance on such Contents is at your own risk. Some Contents may comprise of Pfizer’s drug approved information which you may use subject to varying indications as specified on drug labels used in different local markets. You agree and acknowledge that different Contents may be subject to different access rights which may be determined by Pfizer from time to time. Pfizer reserves the right to alter or delete Contents from this Website at any time at its discretion and to temporarily or permanently suspend your access to any Contents.

Privacy. You agree that Pfizer may collect your personal information when you access or use this Website. Pfizer respects your privacy. For information on how Pfizer collects, processes, uses, and stores your personal information, please refer to Pfizer’s Privacy Policy, including its Personal Information Collection Statement, available at https://www.pfizer.com.hk/en/privacy-policy (the “Privacy Policy”). The Privacy Policy is incorporated by reference into these Terms of Use.

Third Party Websites and Links. This Website may contain links or references to other websites maintained by third parties for your convenience only and which Pfizer has no control of. Similarly, this Website may be accessed from third party links over which Pfizer has no control. Pfizer makes no warranties or representations of any kind, whether expressed or implied, as to the accuracy, currency, completeness or availability of any data, information, or content contained in such third party websites and shall have no liability for any damages or injuries of any kind arising from the access or use of such third party websites and the data, information or content therein. Your use of such third party websites and applications is at your own risk.

Inclusion of any third party link does not imply any endorsement or recommendation by Pfizer of any products, services, information or contents disclosed or displayed on those third party websites.

It is your responsibility to ascertain and comply with the terms and conditions of use of such third party websites which may also contain provisions different from those of Pfizer’s Privacy Policy.

Medical Information. This Website may contain general information relating to various medical conditions and their treatment, which is provided for information only and is not meant to be a substitute for any advice by any qualified doctor or healthcare professional specialized in the area. Patients should not use the information contained herein for diagnosing a health or fitness problem, condition or disease. Patients should always consult with a qualified doctor or healthcare professional.

Non-Confidential Information. To post any comments or other communication on this Website, you must provide a valid email address and any other information Pfizer requests to verify your identity. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication that you send to us through the Internet or post on this Website by electronic mail or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and non-proprietary, and Pfizer shall have no obligation of any kind with respect to such information. Pfizer shall be free to use any information, ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever without compensation to you, including but not limited to, developing, manufacturing and marketing products and services. You are solely and legally responsible for any such comments or communication posted. Pfizer has the right to temporarily or permanently suspend your access to our comments facilities and to edit, not accept or delete any posts you have submitted.

Intellectual Property. Pfizer, its affiliates or licensors, as the case may be and unless otherwise noted, owns all rights, title, benefits and interests in and to this Website and the Contents (other than third party contents), including all product names, trade names, trademarks, service marks, logos, images, copyright, designs, patents and other intellectual property rights (collectively “Intellectual Property”). Nothing in this Website or these Terms of Use shall be deemed to confer on you or any person any license or right from Pfizer, its affiliates or licensors with respect to any Intellectual Property.

The use or misuse of any Intellectual Property without Pfizer’s prior written consent is strictly and expressly prohibited. Pfizer will actively and aggressively enforce its Intellectual Property rights to the fullest extent of the law. Pfizer does not claim any ownership in, nor any affiliation with, nor any endorsement on, any third party product names, trade names, trademarks, service marks, logos or images appearing in third party contents or this Website.

The Contents of this Website are also subject to copyright protection and are for your browsing and viewing only. No Contents may be downloaded, printed or copied other than for your personal and non-commercial reference and use and with all copyright and other proprietary notices in those Contents retained, and thereafter may not be recopied, reproduced or otherwise redistributed.

Except as expressly provided in these Terms of Use, you may not, without the express written consent of Pfizer, (a) copy, display, download, distribute, modify, reproduce, republish or retransmit any Contents or any portion thereof in any electronic medium or in hard copy; (b) create any derivative work based on such Contents; (c) alter, adapt, edit, incorporate, modify or translate any of the Contents; (d) use any of the Contents for any illegal, derogatory or otherwise objectionable purposes or which may bring Pfizer or any third party into disrepute; (e) commercialize any of the Contents for your own direct or indirect benefit; or (f) directly or indirectly use any of the Contents to imply any endorsement, approval or sponsorship by Pfizer or any third party.

If you believe that any Contents or part thereof on this Website infringes upon any copyright that you own or control, you may file a notification of such infringement with our Medical Information Department at 18/F., Kerry Centre, 683 King's Road
Quarry Bay, Hong Kong . Please provide your full name and contact details together with evidence of your rights and the infringing content.

Void Where Prohibited. This Website and the Contents are intended to comply with the laws and regulations in Hong Kong. Although this Website is accessible to users outside of Hong Kong, the information pertaining to Pfizer pharmaceutical and consumer health products, if any, is intended for use only by Hong Kong-based healthcare professionals. Other countries may have laws, regulatory requirements and medical practices that differ from those in Hong Kong. This Website links to other sites produced by Pfizer's various operating divisions and subsidiaries, some of which are outside of Hong Kong. Those websites may have information that is appropriate only to that particular originating country. Pfizer reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Website is void where prohibited.

Applicable law; jurisdiction. These Terms of Use and any disputes arising from or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of Hong Kong Special Administrative Region of the People’s Republic of China (“Hong Kong”), without reference to its conflicts of law principles that would result in the application of the laws of another jurisdiction. You hereby agree to submit to the exclusive jurisdiction of the Hong Kong courts.

Severability. If any provision of these Terms of Use shall be found to be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any other remaining provisions.

No waiver. No failure on the part of Pfizer to enforce any part of these Terms of Use shall constitute a waiver of any of its rights under these Terms of Use whether for past or future actions on the part of any person. No reliance on Pfizer’s actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Pfizer shall have any legal effect whatsoever.

Forward Looking Statements. This Website may contain forward looking statements that are subject to risks and uncertainties that might cause actual results to differ from those foreseen, including risks detailed in Pfizer's annual reports filed with the Securities and Exchange Commission ("SEC"), including Pfizer's most recently filed report with the SEC. Past performance of the price of securities should not be relied on as a guide to future performance.