Disclaimer
1. General
KeyPharm NV with registered office at 8020 Oostkamp, Siemenslaan 11, (0883.397.311) (hereinafter “KeyPharm”) provides the following websites:
- https://www.keypharm.com
- https://www.biotona.be
- https://www.drop-diffusers.com
- https://www.physalishealth.com
- https://www.tiger-balm.be
- https://www.theherbalist.be
These websites are each referred to individually as the “Website”.
These Terms of Use (hereinafter "Terms of Use"), together with the terms expressly referred to (such as Privacy Statement), provide you with information about KeyPharm and the manner and conditions of use of the Website and the Platform and any sub-domains thereof.
Please read these Terms of Use thoroughly before using the Website and Platform. By using the Website and/or creating an account, you agree to these Terms of Use. If you do not agree to these Terms of Use, please do not continue to use the Website and/or the Platform.
2. Purpose and content
The Website is offered for non-commercial and purely informational purposes. The purpose of the Platform is to make available to healthcare professionals (such as but not limited to: doctors, pharmacists, osteopaths, physiotherapists) product information on food supplements and cosmetics and to provide exclusive access to research results on e.g. ingredients used.
KeyPharm has compiled the content of the Website and Platform with the utmost care and makes every effort to keep the content on the Website and Platform as complete, accurate and up to date as possible. Despite all continuous efforts, KeyPharm cannot guarantee that the (product) information made available is at all times complete, accurate or updated. In case the information provided on (or via) the Website and/or Platform is deficient, KeyPharm shall make the necessary efforts to correct this as soon as possible. Should you find any inaccuracies, please notify KeyPharm by email to info@keypharm.be.
3. Use of the Website and the Platform
Users acknowledge that they are only accessing the (product) pages on the Platform as healthcare professionals.
Any use of the Website and Platform shall at all times be at the user's own responsibility. KeyPharm accepts no liability for any damages resulting from the use of (the information on) the Website and Platform.
If the Website and/or the Platform contains (product) information which may be downloaded, such download shall be at the user's own risk. KeyPharm accepts no liability for any damage resulting from a download, including but not limited to loss of data or damage to the computer system of the user of the Website and/or Platform.
The User must at all times refrain from acts that may have a harmful impact on the proper functioning and safety of the Website and the Platform, as well as on other users of the Website and the Platform. Thus, it is forbidden to use the Website and the Platform to distribute content that could cause damage to (other users of) the Website and the Platform, such as the distribution of harmful software such as computer viruses, malware, worms or trojans.
4. Account
Consultation of the (product) information offered on the Platform is reserved for users who create an account on the Platform.
The user guarantees that the information he/she provides to KeyPharm for the creation of an account is accurate and complete.
In the event that KeyPharm suspects that you have violated the Terms of Use or any other obligation arising from the other provisions of these Terms of Use, KeyPharm may deny users access to and use of the Platform and temporarily or permanently close the account. This change of status shall be communicated to you via email. The user may also terminate his/her account at any time.
Each user acknowledges and agrees to be responsible for all actions made with his/her respective user account on the Platform.
5. Product information
The Website and the Platform do not provide medical advice or guidance on the specific use of the products mentioned on the Website and the Platform. In their capacity as professional users of the Platform, users are responsible for the use of the product information they consult through the Platform or for the prescription of products listed on the Platform.
The manner in which products are listed on the Website and Platform is not intended to offer them for sale, but is intended to be an overview of the KeyPharm product range.
The Website and the Platform are intended to be available worldwide. The information on the Website and Platform may contain direct or indirect references to products which may not be available in all countries. Therefore, there can be no guarantee that all information posted by KeyPharm on the Website and Platform is accurate and applicable worldwide. In particular, no guarantee can be given that products will be available in the same appearance, to the same extent or under the same conditions anywhere in the world.
6. Links to external web pages
The Website and the Platform may contain links to external third party websites. These links are provided for information purposes only or for the convenience of the professional user. The presence of such a reference in no way implies that KeyPharm agrees with the content made available via the reference.
KeyPharm has no control over the content of such websites and/or pages and therefore can in no way be held liable for the content of such websites or the accuracy of information contained therein, nor can KeyPharm provide any guarantee in this regard. Users accessing such websites do so at their own risk. Therefore, KeyPharm accepts no liability for direct or indirect damages resulting from accessing or using such external websites and their content.
7. Intellectual property rights
The User acknowledges and accepts that the Website, the Platform and the (product) information provided thereon are protected by intellectual property rights. These intellectual rights belong to KeyPharm and third parties (licensors or suppliers of the products). Any reproduction, public communication or re-use of the Website and Platform or any part thereof, i.e. including text, graphics, interface elements and information contained therein by any means whatsoever, is prohibited except upon express prior written consent of KeyPharm.
8. Liability
The (product) information on the Website and the Platform is provided "as is", without any guarantee, either explicit or implicit, including but not limited to (implicit) guarantees of merchantability, fitness for a particular purpose or non-infringement.
In no event shall KeyPharm be liable for any direct or indirect damages resulting from access to, use of or browsing the Website and the Platform or downloading of information, data, text or images from the Website and the Platform or any decisions made by the user based on the (product) information displayed on the Website and the Platform.
KeyPharm does not give any guarantees for the proper functioning of the Website and the Platform and shall not be held liable in any way for malfunction or temporary unavailability of the Website and/or the Platform.
9. Privacy
Personal data which you provide to KeyPharm during registration on the Platform will be handled and/or processed in accordance with our Privacy Statement. Please read this Statement carefully as it contains important provisions for the user. In addition, the Website and Platform use cookies. More information can be found in our Cookie Statement.
10. Invalidity
If a court or any other competent authority should find that any provision of these Terms of Use is inapplicable or illegal, all other provisions of these Terms of Use shall continue to apply, and the inapplicable or illegal provision shall be replaced by an applicable or legal provision that most closely reflects the original intent of the parties.
11. Changes
KeyPharm reserves the right, without prior notice, to make changes or corrections to the Website and/or the Platform, and/or change the Terms of Use. New information on the Website and Platform shall automatically be subject to these Terms of Use.
12. Applicable law and competent court
These Terms of Use are governed by Belgian law. All disputes relating to or arising from the use of the Website and/or Platform will be submitted to the competent court of the judicial district of West Flanders, section Bruges.
13. Contact
In case of questions or complaints concerning the Website and/or Platform, the user may contact KeyPharm at:
Siemenslaan 11, 8020 Oostkamp