Terms of Use

  1. Terms of Use

Effective date: 24 June 2021

 

Zogenix.eu Website Terms of Use

Access and/or use of Zogenix.eu website (hereinafter the “Website”) is subject to the terms and conditions set forth herein (“Terms of Use”), Zogenix privacy policy, any additional policies and agreements that may be posted on the Website from time to time and all applicable laws, statutes, and regulations.

The Website is the property of Zogenix International Limited (“Zogenix”, “we”, or “our”) and is provided to you on the basis of these terms and conditions (“Terms of Use”).

Please read these Terms of Use carefully. These Terms of Use may have changed since your last visit to this Website.

 

Acceptance

The use of our Website is governed by these Terms of Use. By accessing and browsing the Website, contacting us, registering for an event, a webinar or accepting to receive marketing and educational materials, users (“Users”, “you” or “your”) accept, without limitation or qualification, the following Terms of Use, as well as to use the Website in full compliance with applicable laws. If you do not agree with these Terms of Use, you are not authorised to access or use the Website.

 

Updates and Changes

Zogenix reserves the right to revise and update these Terms of Use at any time. Such changes and modifications will be made available to the User on the Website and govern any further use of the Website by the User. We encourage you to review these Terms of Use periodically to be informed on how to use the Website.

 

Use of Information

The Website has been created with the purpose of providing general corporate information about Zogenix and is not intended to promote or advertise any product or the use of any product, including Zogenix’s products.

 

The Website and its contents should not be relied upon as an exclusive source of information.

You may only access, download or use information from the Website in line with its corporate objectives. You may not distribute, modify, transmit, reuse, repost, or use any information available into the Website for any other purposes, without the prior written authorisation of Zogenix. 

 

The information contained in this Website is not (and should not be construed as) a recommendation, invitation or inducement for you or any other person to invest in the shares or other securities of Zogenix or any other company, or any other investment products or services or engage in any investment activity.

 

The information provided in this Website should not be relied upon in connection with any investment decision. Actual results and developments may be materially different from any opinion or expectation expressed on this Website.

 

Medical Disclaimer

Zogenix is not engaged in providing medical advice via this Website and the information provided is not intended to replace a professional medical advice, diagnosis or treatment. In particular, you should not rely on the content contained herein for diagnosing a health problem or disease. Should you desire or need advice for any medical condition you or your family might have, please consult your physician or other professional healthcare providers.

 

Intellectual Property Rights

We have invested a significant amount of time, effort, and resources in the creation of the Website, which is protected by copyright and intellectual property laws and treaties around the world. You understand and agree that Zogenix and/or its licensors retain all right, title, and interest in the Website (including all copyrights, patents, service marks, trademarks and other intellectual property rights) and to all content, including without limitation, any and all medical and product information, text, data, graphics, images, sound, products, programmes and other information provided on or to the Website, whether by Zogenix or users and whether in print, machine-readable, visual or audible form (altogether, “Zogenix Content”). You may access, download, display, print and retain Zogenix Content from the Website solely for your own educational and non-commercial use.

The Zogenix Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted herein. All trademarks, product names, whether or not appearing in large print or with the trademark symbol, are trademarks of Zogenix, its affiliates, related companies or its licensors or joint venture partners unless otherwise noted.

 

The use of any Zogenix Content, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law and unfair competition laws. No license or right is intended to be conveyed to you under any trademark of Zogenix or any third party, whether by implication, estoppel or otherwise.

 

Further, you agree not to remove, alter or obscure any intellectual property notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. You may not use any diagrams, illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. No links to this Website may be included in any other website without our prior permission.

 

 

If you wish to obtain permission to reprint or reproduce any materials appearing on the Website other than as permitted above, you may contact us at info@zogenix.com.

All rights not expressly granted herein are reserved. Zogenix reserves the right to take appropriate legal action for any illegal or unauthorised use of the Website or to prevent the unauthorised use of our intellectual property rights.

 

Separate or Additional Terms

Notwithstanding anything contained in the foregoing paragraph, certain Zogenix Content on the Website may be subject to separate or additional terms or conditions of use as stated either on the Website or in such Zogenix Content. You agree to comply with such terms and conditions with respect to your use of such Zogenix Content. In particular, we cannot guarantee that you have any right to use third party owned content which available on our Website and you must obtain permission from the third-party owner before using or downloading such content.

 

No Warranty

THIS WEBSITE IS DESIGNED TO PROVIDE GENERAL CORPORATE INFORMATION ONLY. While Zogenix uses reasonable efforts to ensure that the information provided in the Website is accurate and up to date, inaccuracies or typographical errors may still be possible.

 

You acknowledge that the services and Zogenix Content located on the Website are provided “AS IS”, “AS-AVAILABLE” and “WITH ALL FAULTS.” Zogenix, its directors, officers, employees, subsidiaries and affiliates make no warranty as to this Website and the entire risk with respect thereto is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, ZOGENIX, ITS DIRECTORS, OFFICERS, EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ZOGENIX DOES NOT WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR PROTECTING YOURSELF BY USING ANTI-VIRUS PROGRAMMES AND FIREWALLS. INFORMATION CONTAINED ON THE WEBSITE MAY BE INCOMPLETE, INACCURATE OR CONTAIN TYPOGRAPHICAL ERRORS. ZOGENIX DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OF THE MATERIAL ON THE WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR CURRENCY.

 

In addition, any information presented on the Website as of a particular date may only be accurate as of such date and Zogenix disclaims any responsibility to update such information. Zogenix shall not be held responsible for any action taken by Users that is based on information presented on the Website.

 

Indemnity

The Website is being provided by Zogenix to you as a free service. You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use; (ii) your use of the Website; and/or (iii) your use of or reliance on any Zogenix Content, including any medical information provided on the Website. You agree to hold Zogenix and Zogenix’s directors, officers, employees, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from any and all damages, costs, expenses and other liabilities including, but not limited to, legal and professional fees and expenses relating to any claim arising out or resulting from your access to the Website and the Zogenix Content thereon.

 

Our Liability

To the extent permitted by law, we, other members of the Zogenix group, our employees and third parties connected to us hereby expressly exclude:

  • All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity; and
  • Any liability for ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO USE OR ACCESS THE WEBSITE, OR ANY ERRORS OR OMISSIONS IN ITS CONTENT, , including, without limitation, any liability for (i) loss of income or revenue; (ii) loss of business; (iii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and (viii) for any other loss or damage org any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

 

The above provisions apply to all claims for damages, regardless of their legal cause, except for claims for damages in the event of (a) death or personal injury arising from our negligence, (b) fraudulent misrepresentation or misrepresentation as to a fundamental matter, (c) an explicit assumption of a guarantee (in which case Zogenix shall be liable within the scope of the guarantee assumed), and (d) violations of applicable mandatory provisions of product liability laws.

 

Third Party Websites

This Website may include hyperlinks to websites maintained or controlled by others. Such links are provided for your convenience only. Zogenix is not responsible for and does not routinely screen, approve, review or endorse the contents of or use of any of the information, products or services that may be available at these websites. You must take appropriate steps to verify such information, products or services before acting upon it.

 

Viruses, hacking and other offences

You must not misuse our website by knowingly introducing viruses, trojans, worms, logic bombs  or other material which is malicious or technologically harmful.  You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any other server, computer or database connected to our Website.  You must not attack our Website via a denial-or-service attack or a distributed denial-of-service attack.

 

By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990.  We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

 

We will not be liable for any loss or damage caused by a distributed denial-of-service attach viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your you downloading or any material posted on our Website or on any website linked to our Website.   In accordance with good computing practice, you are advised to virus check all material and/or content accessed and/or downloaded from our Website using commercially available, up to date virus checking software.

 

General Provisions

Assignment. You may not assign or otherwise transfer in any way any of the rights and obligations arising out of these Terms of Use without the prior written consent of Zogenix, which consent may be withheld at Zogenix’s sole and absolute discretion. Zogenix may assign these Terms of Use in whole or in part at any time with or without notice to you.

Choice of Law. The Terms of Use shall be governed by the laws of of England and Wales.

Invalidity. Any clause deemed invalid or unenforceable shall be deemed severable and shall not affect the validity or enforceability of the remaining provisions.

Headings. Section titles in these Terms of Use are for convenience and do not define, limit, or extend any provision of these Terms of Use.

 

Jurisdiction. The English courts shall have exclusive jurisdiction in the event of any dispute.

Entire Agreement; Amendments. These Terms of Use constitute the entire agreement between you and Zogenix with respect to the subject matter hereof and supersede all prior agreements, understandings, negotiations and discussions, whether oral or written. No waiver of any of the provisions of these Terms of Use shall be deemed or shall constitute a waiver of any other provision of these Terms of Use, whether or not similar, nor shall any such waiver constitute a continuing waiver unless otherwise expressly provided.

 

Zogenix Contact Information

Zogenix International Limited, The Pearce Building, West Street, Maidenhead, Berkshire, SL6 1RL United Kingdom.

 

Effective as of 24 June 2021