Disclaimer

INTRODUCTION

Welcome to the Aspen website. In this Disclaimer & Website Use Agreement “Aspen” means, collectively, Aspen Pharmacare Holdings Limited its subsidiaries and affiliates. The information provided on this website is for general information and in certain circumstances also for educational purposes, the information is provided for no other purpose whatsoever.

PLEASE READ AND REVIEW THIS DISCLAIMER & WEBSITE USE AGREEMENT CAREFULLY EACH TIME BEFORE ACCESSING THE CONTENT OF THIS WEBSITE OR USING THIS WEBSITE AS IT MAY CHANGE FROM TIME TO TIME. YOUR ACCESS TO, AND USE OF THE INFORMATION CONTAINED ON THIS WEBSITE IS SUBJECT TO THIS DISCLAIMER & WEBSITE USE AGREEMENT. BY ACCESSING AND USING THIS WEBSITE, YOU ACCEPT, WITHOUT LIMITATION OR QUALIFICATION THIS DISCLAIMER & WEBSITE USE AGREEMENT.

Your access to and use of this website indicates your acceptance of the then-current Disclaimer & Website Use Agreement, and you represent that you are at least the age of majority in your jurisdiction. If you do not agree to abide by the Disclaimer & Website Use Agreement, you must not access or use this website. You may not use this website in any matter that is illegal or that infringes upon the legal rights of any person, including Aspen.

2. PURPOSE

The information provided on this website is for general information and educational purposes. Certain sections of this website are intended for particular user audiences including, Aspen’s employees, customers and shareholders, as well as members of the healthcare community and the general public.

3. NO REPRESENTATION

Aspen makes no representations and gives no warranties about the accuracy nor suitability of the content published on this website, nor that the services will be free from errors or omissions nor that the use of the website will be uninterrupted. Furthermore, you understand that Aspen does not represent or warrant that content published on this website will be free of viruses, worms, Trojan horses, or other code that may manifest contaminating or destructive properties. Should you rely on the information and technology contained on this website, then you do so at your own risk.

4. COPYRIGHT

The content of this website is subject to copyright protection. None of the content of this website may be copied other than for non-commercial individual reference, and only if all copyright or other proprietary notices are retained. Such information may thereafter not be recopied, reproduced or otherwise redistributed and only a single copy may be stored. Furthermore, you may not modify the information in any way. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on this website or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Aspen. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of Aspen, or any third party. If you should link to any third-party websites from this website, you shall be bound by and undertake to comply with the copyright provisions of each such website.

5. TRADEMARKS

All product names, whether or not in large print or with the trademark symbol, are trademarks of Aspen, related companies or its licensors or joint venture partners. Any use of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may violate copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Further, please be advised that Aspen actively and aggressively enforces its intellectual property right to the fullest extent of the law.

6. NEWS AND PRESS RELEASES

This website may contain information, news, and/or press releases, the content of which is accurate or current only as of the date of the particular information, news, press release, or posting. Aspen does not update press releases once they have been made public.

7. THIRD PARTY WEBSITES AND LINKS

This website may contain links or references to other websites maintained by third parties over whom Aspen has no control. Such links are provided merely as a convenience. Similarly, this website may be accessed from third party links over which Aspen has no control. Aspen makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link in the website does not imply an endorsement or recommendation by Aspen of such website.

8. COMPETITIONS AND PROMOTIONS

Certain parts of this website may contain competitions or promotions from Aspen or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the terms and conditions relevant thereto. Notwithstanding any specific terms and conditions, Aspen specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on this website without any liability to you.

9. MATERIAL SUBMITTED BY WEBSITE USERS

By submitting material to any of our servers, such as, by e-mail or via this website, you agree that: (i) the material will not contain any item that is unlawful or otherwise unfit for publication, including material which is offensive and/or derogatory; (ii) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (iii) you own the material or have the unlimited right to provide it to Aspen and Aspen may publish the material free of charge and/or incorporate it or any concepts described in it in Aspen’s products or services without accountability or liability; (iv) you agree to comply with all applicable laws when using this website, and not use this website to send or transmit spam; and (v) you agree not to take action against Aspen in relation to material that you submit.

10. COOKIES

A cookie is a piece of information that Aspen’s web server may send to your machine when you visit this website. The cookie is stored on your machine, but is not intended to identify you or give Aspen any information about your computer. A cookie helps to recognise you when you re-visit this website and to co-ordinate your access to different packages on this website. Aspen uses cookies to learn more about the way you interact with the website content and helps Aspen to improve your experience of using this website. If you reject the use of cookies, you will still be able to access this website but please note that some of its functions may not work as well as if cookies were enabled.

11. MEDICAL INFORMATION

This website may contain general information relating to various medical conditions and their treatment. Such information is provided for information purposes only. This information is not intended to be a substitute for the advice of a healthcare professional, or a recommendation for any particular treatment plan. It is important to make use of the advice of a healthcare professional to employ good clinical judgement for the specific conditions of individual patients. The product information contained throughout this website is intended only for information purposes in the country(ies) to which the specific website page and/or product refers. Information relating to all scheduled products is provided exclusively for healthcare professionals who are registered with the relevant regulatory authority, and by accessing such information the visitor warrants that they are appropriately registered with the required authorities and are qualified healthcare professionals.

12. PRIVACY

Aspen acknowledges and respects the privacy of individuals that use and/or interact with the Aspen website and/or provide personal data to Aspen in the course of Aspen’s business. The Aspen Privacy Statement explains how Aspen collects, shares and uses personal data and how data subjects can exercise their rights.

13. DISCLAIMER OF WARRANTIES, LIABILITIES AND INDEMNIFICATION

Any communication or material you transmit to Aspen via this website or internet electronic mail is transmitted by you on a non-confidential basis. Aspen makes no promise, express or implied, not to use such communication or material for any purpose whatsoever, including reproduction, publication, broadcast and posting and you grant Aspen a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use copy, reproduce, modify, adapt, publish, translate, create derivative works from distribute, perform, display and otherwise exploit the communication and/or material or any ideas, concepts, know-how or techniques associated with the communication and/or material for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Aspen or its successors or assigns, and you agree, represent and warrant that you will waive all moral rights (including the right to be associated with the communication and/or material) in the communication and/or material upon their transmission to Aspen.

Aspen shall bear no responsibility and also disclaims all liability for any claim, loss, cost and expense (including reasonable attorneys’ fees and disbursements), damage or other liability, either directly or indirectly, attributable to the use of this website or reliance upon information provided through the facilities available on this website. You agree to indemnify, defend and hold harmless Aspen, its officers, directors, employees, agents, suppliers and third party partners from and against all claims, losses, costs and expenses (including reasonable attorneys’ fees and disbursements), damages and other liabilities, resulting from any violation by you of this Disclaimer & Website Use Agreement.

14. GENERAL

Governing laws – This Disclaimer & Website Use Agreement and your use of this website shall be governed by the laws of the Republic of South Africa and supplemented by the laws of the country for which the website is intended by Aspen to be used. Any legal action or proceeding related to this website shall be brought exclusively in the High Court of the Republic of South Africa, or, at the election of Aspen, such other court in the country for which the website is intended by Aspen to be used.

Severability – If any provisions of this Disclaimer & Website Use Agreement are held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

Variation – Aspen reserves the right to alter or delete materials from this website at any time at its discretion and without notice. Furthermore Aspen reserves the right to amend this Disclaimer & Website Use Agreement at any time by posting the amended Disclaimer & Website Use Agreement on this website. Unless otherwise stated, the current version will apply each time you access this website. Aspen also reserves the right to correct any errors or omissions in any portion of this website at any time without notice, but confirms that it has no duty to do so. Aspen and its service providers will also have the right to terminate your use of this website if you have breached, or are in breach of this Disclaimer & Website Use Agreement.

Other – The provisions of this Disclaimer & Website Use Agreement will inure to the benefit of and be binding upon Aspen and any service providers, as applicable, and their respective successors and assigns, and you and your heirs, executors, administrators, successors and personal representatives. You may not assign your rights under this Disclaimer & Website Use Agreement.

The Disclaimer & Website Use Agreement constitutes the entire agreement between Aspen and you with respect to the subject matter hereof and supersedes all communications, representations or agreements, either oral or written, between Aspen and you with respect to this subject matter.

You agree to have the Disclaimer & Website Use Agreement and any related information made available to you, and to otherwise have communications between you and Aspen occur electronically.