Terms of Use

Effective date: January 1, 2019

Please read these Terms of Use Agreement and our Privacy Statement (collectively, “the Terms”) carefully before accessing and using the Services as they constitute a legal agreement between Mylan Pharmaceutical Hong Kong Limited and/or Mylan Inc. (collectively, “Mylan”) and you.

These Terms concern your access to and use of the Mylan website, applications and digital services (collectively the “Services”).

Please read these terms carefully before accessing and using the Services as they constitute a legal agreement between Mylan and you.

By accessing and using the Services, you acknowledge that you acknowledge:

  • You have read and understood these terms;
  • You will abide by these Terms; and
  • You have reached the legal age of majority in your place of residence and are otherwise in compliance with the statutory qualifications for entering into a contract.

If you use the Services on behalf of your employer, once the Terms are accepted by you, it is considered an agreement between your employer and Mylan, and you represent and warrant that you have the authority to bind your employer to these Terms.

If you do not agree to any of these terms, please do not use the service.

1. Additional terms

Certain features of the Services, such as mobile applications (" Applications "), promotions, offers and research, may be subject to additional terms and conditions (" Additional Terms ") displayed in conjunction with these features. Mylan may display additional terms to you through the Services or offline. Regardless of the form in which the additional terms are displayed, Mylan requires that you agree to the additional terms before using these features in the Service. All additional terms are included in this clause unless otherwise stated in the Additional Terms. If you do not agree to the additional terms, you will not be able to access the services associated with them. These Terms and Conditions apply as well as the Additional Terms. However, if any additional terms are inconsistent with any of the provisions of this clause, the additional terms shall prevail (but only for the services to which the additional terms apply).

2. Amendment clause

The effective date of this clause is set out in the opening section of this webpage. We may modify or supplement these Terms as we add new features. We will give you prior written notice to inform you of any significant changes to these Terms. We will not make changes to the retrospective effect of your privacy unless required by law or to protect the use of the Services by other users. By continuing to use the Services after the Effective Date, you are accepting the revised Terms. This revised version supersedes all previous versions or agreements, notices or statements regarding this clause.

3. Service content

Services (including any information, images, artwork, text, video clips, audio clips, trademarks, logos, service marks and/or other content) (collectively referred to as "Mylan Content ") provided for or through the Service are owned by its licensors and are protected by US and foreign copyrights, trademarks and other laws.

If you agree to the terms, Mylan will grant you access to and use of the Services and the downloading, printing and/or copying of the Content, non-exclusive, non-transferable and limited license (excluding the right to sublicense), but only for your use and subject to these terms.

Nothing in the Service shall be construed as granting any license to Mylan's trademarks, logos or service marks (" Marks "), patents, trade secrets or other intellectual property rights covered by the Services by grant, implied, estoppel or otherwise or right. Any other intellectual property rights that use any mark or ambitiously without authorization may violate the law. Mylan reserves all rights not expressly granted in these Terms.

You may not : unless Mylan provides written authorization to you :

  • Incorporate any content into any other work (such as your own website) or use Mylan content in any public or commercial manner;
  • Change any notice of copyright, trademark or other intellectual property rights that may be part of Mylan; or
  • "Deep link" to any service (that is, any page other than the home page linked to one of the services).

Your use of Mylan is at your own risk.

4. Mylan content is not medical or professional advice

Mylan content (including all medical related materials) is for reference only. Please confirm all your content with other sources and your doctor and professional health care provider. Mylan does not warrant or guarantee any treatment, treatment, medication, equipment, diagnosis, action, recommendation or strategy provided by any author or other person through the Services.

Mylan is for informational purposes only and is not intended to replace or replace professional medical advice, diagnosis or treatment. You should not ignore, avoid or delay seeking medical advice from a qualified health care provider. Do not apply services to emergency medical needs. If you are experiencing emergency medical conditions, call your health care professional and 999 immediately.

5. Using the service

5.1 Qualifications : You must be at the legal age of majority or above in your place of residence in order to use the service. By using the Services, you indicate to Mylan that you have a legal age at your place of residence and are a legal resident of Hong Kong.

5.2 Your Account : If you create an account (" Account ") to use certain features of the Service, you agree that you will maintain your account information to ensure that such information is current, complete and accurate. If you provide incorrect, incomplete or inaccurate information, you understand that we have the right to terminate your account and the right to use the service.

By establishing an account, you agree that Mylan may use the contact information provided by you when you created the account to contact you.

Please do not share your account with anyone else. You are solely responsible for all use of your account, including your authorization to access your account and use your account. If you fail to protect your User ID or Password and cause anyone to use your account, you are also liable.

5.3 Your Responsibilities : You may only use the Services for lawful purposes. Your use of the Service in any manner may not result in damage, defamatory, excessive load or damage to Mylan's servers or network or interfere with the use and enjoyment of services by any other party.

You may not attempt to gain access to services, other users' accounts, or computer systems or networks through unauthorized access, intrusion, passwords or any other means. Without limiting the foregoing, you agree that you will not (and you agree not to encourage or permit any third party):

  1. Copying, modifying, adapting, translating, reverse engineering, decoding or otherwise attempting to obtain or access any part of the Service or Content;
  2. Use any robot, spider, website search, search application or other automated device, program or method to access, retrieve, crawl or distribute any part of the service;
  3. Rent, lease, lend, sell, sublicense, transfer, distribute, publish, transfer or otherwise make available to any third party (or any feature or function of the Service) for any reason;
  4. Reformat or create a framework combination of any part of a web page that is part of the service; or
  5. Create more than one account in an automated manner or in a false or fraudulent manner.

You are solely responsible for any and all charges, fees and other costs associated with the use of the Services. If you access and use the service on your smartphone, tablet or other mobile device, you must use the wireless service through Wi-Fi or a participating mobile service provider. Some services may require SMS (SMS or MMS) functionality. You agree that you are solely responsible for all information and data charges charged by your mobile service provider. We will not charge any additional SMS services provided by Mylan, but information and data rates may apply. Your mobile service provider will issue a bill for all expenses, which should be paid to your mobile service provider. Mylan is not responsible for any delayed receipt of SMS because the delivery process depends on whether your mobile service provider is effectively transmitting SMS. SMS is provided on an "as available" basis and may not be sent anytime, anywhere.

Once you choose to receive our SMS, the frequency we send to you in the SMS will depend on the transaction between you and us. By agreeing to receive the SMS, you understand and agree that Mylan may use the Automatic Dialing System to send you SMS messages, and you are not required to agree to receive SMS as a condition for purchasing any goods or services.

5.4 User Contribution : Mylan may, from time to time, access you to the web pages or screens in the Service, and you and others may display, post or submit (" Publish ") materials or pages on these pages or screens or provide feedback or information (" User Contribution ") to Mylan in other ways . By posting or transmitting user contributions to Mylan (or Mylan's designated persons and organizations) through the service, you and the designated persons and organizations of Mylan and Mylan will be awarded globally, non-exclusively, and may be sublicensed (through multiple layers) to transfer, royalty-free, permanent irrevocable rights to use, copy, sublicense (through multiple layers), distribute, create derivative works, execute and direct your user contributions to any media now known or later developed for any Commercial or other use. All user contributions are considered non-confidential and non-proprietary.

You are the owner of the user's contribution and are responsible for the user's contribution. As you have the opportunity to use the Service to post user contributions, you represent and warrant that:

  • You own or control all rights of your users, including but not limited to all copyrights and trademarks;
  • Your user contribution is true and accurate;
  • Your user Contribution will not infringe, misappropriate or violate any third party's copyright, trademark, patent, literary, trade secret, privacy, disclosure, exclusive rights or other rights;
  • Your user Contribution will not contain material that identifies anyone, unless you have obtained prior written consent from this person, and if you are a healthcare professional, you will not submit any information that directly identifies a patient or unless you have disclosed any information that obtains all necessary consents, authorizations, or other licenses required by law;
  • Your user Contribution will not make any unsubstantiated claims against any third party or its products or services, or include any comments, defamatory, obscene, pornographic, threatening and defamatory or harassing comments or other content;
  • Your user contributions are in compliance with all applicable laws, regulations and regulations.

6. Guaranteed Disclaimer and Limitation of Liability

No guarantee

Mylan warrants that Mylan has effectively entered into these Terms and has statutory powers to enter into these Terms. You warrant that you have effectively entered into these Terms and have statutory powers to enter into these Terms. Except as expressly provided above, the Services are provided on an "as is" and "as available" basis and do not provide any express or implied warranties of any kind. Mylan hereby disclaims all liabilities for any kind of warranties and conditions, including any implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, non-defect, uninterrupted use and any trading process or business practice or implied guarantee. Mylan does not warrant the accuracy, completeness, versatility or reliability of any service. Mylan does not warrant that (i) the Service will meet your needs, (ii) the operation of the Service will be uninterrupted, and that no virus or error will be contained, or (iii) the error will be corrected. Any oral or written advice provided by Mylan or its agents is not and will not constitute any warranty.

Some jurisdictions do not allow the exclusion of implied warranties, meaning that all or part of the above exclusion statements may not apply to you.

Limitation of Liability

Your use of the Services is at your own risk.

Mylan hereby disclaims any liability for any indirect, incidental, consequential or special damages arising out of the access or use of the Services or in connection with any access or use of the Services, whether based on contract, infringement, strict liability or otherwise (Even if Mylan has been informed of the possibility of such damage), including but not limited to any content that is relied upon by either party to use the service, or because of errors or omissions when transmitting information to or from the user, or delay in transmitting any content, telecommunications interruptions or viruses connected to the service, whether caused in whole or in part by inadvertence, force majeure, war, terrorism, telecommunications failure, theft or destruction or unauthorized access to the service.

If, for any reason, the disclaimer or limitation of liability set forth in this Section 6 is not applicable or enforceable, Mylan’s maximum liability for any such damages shall be limited to the event that caused the liability. The total amount you paid to Mylan for the first six (6) months and $1,000 (whichever is lower).

The foregoing disclaimer does not apply to the extent prohibited by applicable law.

You acknowledge and agree that the above limitation of liability, together with the other limitation of liability in these Terms, is an important provision and Mylan is not willing to grant you the rights set forth in this clause unless you agree to the above limitation of liability.

7. Indemnity

You agree to any and all liability (including fees for performing any indemnity, and any insurance provider and attorney's fees) due to any third party's breach of these Terms or the use of the Services. Defend, indemnify and protect against Mylan and its affiliates and their respective officers, directors, employees, agents and licensees. Mylan reserves the right to solemnly defend and control any matter subject to this indemnity at its own expense. A settlement that does not affect the rights or obligations of Mylan shall not be made without the prior written approval of Mylan.

8. Application update

From time to time, Mylan may, at its sole discretion, develop and provide application updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, " Updates "). Updates can also modify or completely remove certain features and functionality. You agree that Mylan is under no obligation to provide any upgrades or to continue to provide or activate any particular feature or functionality.

Depending on your mobile device settings, when your mobile device is connected to the Internet: (a) the update program will be downloaded and installed automatically; or (b) you may be notified or prompted to download and install the available update program.

Please download and install all updates in a timely manner. If you do not do so, some parts of the service may not function properly. You further agree that all updates will be considered part of the Services and subject to all terms and conditions of these Terms.

9. Electronically contracted

Your confirmation of the use and/or registration of the Services constitutes you to enter into an electronic agreement with Mylan.

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10. Materials, news and press releases

The service may contain information, news and/or press releases about Mylan. Although we believe that such information is accurate at the date of preparation, Mylan does not undertake any responsibility or obligation to update this material, news or any press release. News, press releases or other information containing companies other than Mylan should not be relied upon as information provided or recognized by Mylan.

11. Third Party Websites and Services

Services may include links to third-party websites and services, including social media (collectively referred to as " link services "). The link service is not subject to security control and Mylan is not responsible for any information or material or any form of transmission received from the link service or from any link service. Joining the link does not mean that Mylan has an affiliated link service or has any connection with the link service operator. Mylan does not investigate, verify or monitor the link service. Mylan provides a link to connect to the link service for your convenience. Your access to Link Services are at your own risk and are subject to the privacy policies, terms and conditions of use, and other legal requirements applicable to the Link Services.

12. Mylan's link policy

Unless otherwise agreed in a written agreement between you and Mylan, you must comply with the following rules if you link to any part of the Service: (i) the link to the service must be a plain text link, and clearly marked as "Mylan Services", (ii) the appearance, location and other aspects of the link shall not impair the goodwill associated with the Mylan mark or impair it, (iii) the link must be "pointed" to the service with the root domain name, not the other pages within the service, (iv) the appearance, location, and other attributes of the link, must not create a false impression that makes your institution or entity sponsored or affiliated with or related to Mylan. (v) When the user makes a choice, the link must display the service in full screen, rather than within the "framework" of the linked website or service, and (vi) Mylan reserves the right to revoke its consent to the link at any time in its sole discretion.

13. Dispute resolution

Hong Kong law should govern this clause without reference to the legal rules to be used. You and Mylan agree that the United Nations Convention on Contracts for the International Sale of Goods does not apply to the interpretation of this article.

You and Mylan agree that each of them may only make a claim against the other party on an individual basis, and not as a plaintiff or class action member in any collective or representative action or legal proceeding to be filed.

You and Mylan agree that all claims will be settled by binding arbitration in the manner set out in this Section 13 and that you and Mylan will waive any right to make any such claims in any court. In arbitration, you may not be able to obtain rights such as access to the court (such as the right to obtain evidence) or such rights will be restricted.

Any dispute or claim arising out of the terms and its interpretation or the breach, termination or validity of this clause, or the relationship arising from this clause, including the validity, scope or enforceability of the clause in arbitration ( Collectively referred to as the " scope of dispute ") shall be settled through binding arbitration in accordance with the commercial arbitration rules of the Hong Kong International Arbitration Centre. Any such dispute or claim shall be arbitrated on an individual basis and shall not be combined with any claim or dispute of any other party in any arbitration. Arbitration shall be conducted in Hong Kong and the arbitral award may be arbitrated by any court of competent jurisdiction. Before completing the arbitration, you or Mylan may seek any temporary or preliminary relief from the competent Hong Kong courts to protect your rights or property.

Payment for all application, administrative and arbitration fees will be governed by the rules of the Covenants, Conditions and Limitations. However, if you can prove that the arbitration fees are higher than the litigation costs for you, Mylan will pay the application, administrative and arbitration fees that the arbitrator considers necessary to avoid the excessive cost burden on the arbitration. If the arbitrator determines that your claim in the arbitration is unreasonable, you agree to reimburse Mylan for all arbitration-related expenses that you are obligated to pay under the Hong Kong International Arbitration Centre Rules.

An arbitrator will be elected under the Hong Kong International Arbitration Centre Rules. The arbitration shall be conducted in English. The arbitrator has the power to grant any relief provided by the court in accordance with law or equity. The arbitrator's ruling will be final and binding on all parties. However, the arbitrator does not have the power to award punitive or exemplary damages, and the parties hereby waive the rights. The arbitrator will adopt the applicable law and the provisions of this article. Failure to do so will be considered as a justification beyond the jurisdiction of the arbitration and constitute a judicial review. The arbitrator's ruling must be accompanied by a written explanation and confidentiality.

If the terms of any arbitration agreement in this Section 13 are deemed unenforceable, the unenforceable terms shall be separated from the Terms and the remaining arbitration clauses will be enforced (but in no case will there be a collective, Arbitration initiated by a representative or private chief prosecutor). Regardless of whether any regulation or law contains a contrary statement, any notice of claim arising out of or relating to this clause must be made within one (1) year after such claim is made, otherwise it will always be prohibited.

14. Securities Law

The Service Website may include statements regarding Mylan's operations, prospects, strategies, financial condition, future economic performance and requirements for Mylan products or services and its intentions, plans and objectives, which are forward-looking statements. These statements are based on a number of assumptions and estimates that have significant uncertainties, many of which are outside the control of the company. The use of such things as "anticipation", "expectation", "believe", "estimate", "seek", "plan", "intention" and similar words in the service or in the service is intended to indicate forward-looking statements and incorporation into securities laws. The safe harbor range for forward-looking statements. The Services and the information contained in this Terms do not constitute an offer or solicitation to sell any securities. Nothing contained in this Agreement shall be construed as and shall not be deemed to be included in any securities related filings or documents of Mylan.

15. Geographical restrictions

The service is mainly based in Hong Kong and is accessible and accessible only to persons in Hong Kong. You acknowledge that you may not be able to access services outside of Hong Kong, and it may be illegal for certain individuals or certain countries to access services outside of Hong Kong. If you access the service from outside Hong Kong, you are responsible for complying with local laws.

Services may be subject to US export control laws, including the US Export Administration Act and related regulations. You may not directly or indirectly export, re-export or post the Services to any law, regulation or legislation that prohibits the exporting, re-exporting or publishing of services in the jurisdiction or country or the services of such jurisdictions or countries. You are expected to comply with all applicable federal laws, rules and regulations and complete all necessary commitments, including obtaining any necessary export licenses or other government approvals, before exporting, re-exporting, publishing or otherwise providing services outside the United States.

You represent and warrant that: (i) you are not located in a country that is embargoed by the United States Government or designated by the United States Government as "supporting terrorism"; and (ii) you are not included in any list of prohibited or restricted persons of the United States Government.

Please note that by agreeing to these Terms, you expressly agree that you hereby waive any claim or action against Mylan that you may have in accordance with the laws of any jurisdiction outside Hong Kong and that you have disputed any of the disputes under the terms of Section 13. Only Hong Kong Law is applicable herein.

16. Data privacy and protection

Please ensure that you read our privacy statement carefully to understand the information collected by Mylan through the service and how we handle it.

Without limiting the terms of the Privacy Statement, you understand that Mylan will not and cannot guarantee that your use of the Services and/or the information you provide through the Services will be private or secure. Unless required by law, Mylan will not be liable for any lack of privacy or security that you may encounter and will not be liable to you. You are responsible for using the most appropriate preventive and safety measures in accordance with your circumstances and the intended use of the service. Mylan reserves the right to disclose any information deemed necessary by Mylan at any time to comply with any applicable laws, regulations, legal procedures, government requirements or to protect the security of personal data and services.

17. US Government Rights

Some parts of the service are commercial computer software, and commercial computer software is defined in Federal Rules and Regulations 48 § 2.101. Therefore, if you are a US government agency or any of its contractors, in terms of services, you can only obtain (a) the Department of Defense in accordance with §227.7201 of the Federal Rules and Regulations 48, §227.7204 of the Federal Regulations. And its contractor’s provisions, or (b) § 12.212 of the Code of Federal Regulations, relating to all other US government licensees and their contractors, to the rights granted to all other users of the license.

18. Termination

This clause will automatically terminate when you fail to comply with any terms or conditions. Mylan may terminate or modify your access to the Services at any time for any reason and we may or may not notify you. For example, if Mylan considers you to be a minor, Mylan may refuse access to the Services without notice to you.

Termination of access will not limit Mylan's other rights or remedies. In order for the intent and purpose of this clause to be effective, any provision that must be in force (including but not limited to clauses 6, 7, 13, 16, 19 and 20) will remain in effect after termination.

19. APPLE device additional terms

If you access the app via Apple, Inc. (" Apple ") brand mobile device or tablet and execute Apple's iOS (" Apple Device "), the following terms (" Apple Device Additional Terms ") will become part of the Terms:

  1. There are conflicting terms. In the event of a conflict between these Terms and the Apple Device Additional Terms, the Apple Device Additional Terms apply to access and use of the Services through the Apple device.
  2. Enter into an agreement with Mylan (not Apple ). You acknowledge that this Agreement is an agreement between Mylan and you, not an agreement with Apple. Mylan (and not Apple) is solely responsible for any applications and their content that you access through the Apple device (" iOS App "). If the Terms are less restrictive for iOS apps or otherwise conflict with the Apple App Store Terms of Service (" App Store Terms of Service "), the App Store Terms of Service shall apply to any conflict.
  3. The scope of the license. Granting a license to use an iOS app is limited to the use of the app's non-transferable license on an Apple device that you own or control, and must comply with the scope of the usage rules in the App Store Terms of Service.
  4. Maintenance and support. Mylan is solely responsible for providing the iOS app with any maintenance and support services as required by these Terms or as required by law. You acknowledge that Apple is not obligated to provide any maintenance and support services for any iOS application.
  5. Warranty. Mylan is solely responsible for any product warranties (whether express or implied by law) that are not effectively exempt from liability. If the iOS app does not comply with any applicable warranty terms, you can notify Apple that Apple will refund the purchase price (if any) of the iOS app, and to the maximum extent permitted by applicable law, Apple does not have any other iOS app. Warranty obligations, and Mylan shall be solely responsible for any other claims, losses, liabilities, damages, costs or expenses that are not in accordance with any warranty terms.
  6. Product claims. You hereby acknowledge that Mylan (and not Apple) is responsible for handling claims by you or any third party regarding iOS applications and/or using iOS applications, including but not limited to: (i) product liability claims; (ii) The iOS application does not comply with any applicable legal or regulatory requirements; and (iii) claims under consumer protection or similar legislation. This clause does not limit Mylan's liability beyond the scope permitted by applicable law.
  7. Intellectual property. You acknowledge that if any third party claims that iOS or your own and use of the iOS App infringes the intellectual property rights of such third party, Mylan (and not Apple) is solely responsible for investigating, defending, resolving and dissolving any such intellectual property infringement claim.
  8. Third party beneficiaries. You hereby acknowledge and agree that Apple and Apple's subsidiaries are third party beneficiaries of these Terms and for any iOS application and that Apple has the right (and is deemed to have accepted the right) to apply to iOS after you accept the Terms. The Program enforces these Terms against you in the capacity of a third party beneficiary under these Terms.
  9. Question or complaint. Please send your questions, complaints or claims to the iOS app to the contact – customer.service@mylan.com.

20. Other

  1. These Terms (including our Privacy Statement) contain a complete understanding of the matters described in this clause between Mylan and you.
  2. This clause gives benefits to Mylan and your successors and assigns, and will be binding on Mylan and your successors and assigns.
  3. These Terms may be transferred by Mylan, but you may not assign these Terms without the prior written consent of Mylan.
  4. If any provision of these Terms becomes unenforceable or invalid, the remaining provisions will continue to have the same effect as if the unenforceable or invalid provision was not adopted.
  5. In the event that Mylan or you fail to perform any of the obligations under this clause and the other party does not enforce the obligation, failure to enforce the obligation under any circumstances will not constitute a waiver of any obligation, nor will it prevent any other circumstances of enforcing obligations.
  6. Nothing in these Terms shall be deemed to constitute Mylan or your agent or representative of the other party, or as a joint venture or partner.
  7. If, for any reason other than the reasonable control of a party that invokes this clause, interferes with Mylan or your performance or your failure to perform any of the obligations under this clause, the performance period of the affected party will be postponed for the period of delay or failure to perform for this reason.
  8. Adding titles and captions is for convenience only.