Legal Statement

WEBSITE TERMS AND CONDITIONS

Definitions and interpretation

  • Frame” means to organise the website into different frames, with each frame displaying a different html document, severing the link between the content and the URL;
  • Roche” means Roche Products (Proprietary) Limited (Registration Number:1947/027044/07);
  • Roche website” means the website displaying official Roche content;
  • Site content” means textual, visual or aural content that is encountered as part of the user experience the website;
  • User” means any person who access and/or uses the Roche website;
  • Website” means a collection of web pages (documents that are accessed through the Internet);
  • Unless a contrary intention clearly appears words importing –
    • any one gender include the other two genders;
    • the singular include the plural and vice versa; and
    • natural persons include created entities (corporate or unincorporate) and the state and vice versa.

Allowed use and license

  • By accessing the Roche website the User agrees to the terms and conditions herein contained and all applicable laws.
  • Roche authorises the User to view, download and print the content of the Roche website, provided that such contents are used for personal, educational and/or non-commercial purposes.
  • Content on the Roche website may not be used for any commercial or non-private use without the prior written consent of Roche.
  • Users may only access and use the Roche website for lawful purposes.
  • No person may frame the Roche website in any manner whatsoever without the prior written consent of Roche.
  • Users are not allowed to copy, reproduce, reuse, retransmit, adapt, publish, frame, post, upload, modify, broadcast or distribute any Site content in any way.

IP rights and domain names

  • All intellectual property on the Roche website, including but not limited to trademarks, domain names, patents, text, graphics, software, icons, hyperlinks, software, design elements are the property of Roche and are protected from infringement by domestic and international legislation.
  • All Site content remains the sole property of the relevant content owner and is protected under all relevant copyright, trademark, patent and other applicable laws.
  • Nothing on the Roche website should be construed as granting any licence or right to distribute content without the express written consent of Roche.

Severability

If for any reason any of the provisions contained herein are found to be void or unenforceable it will be severed to the extent that it is void or unenforceable and the remaining provisions will continue in full force and effect.

Waiver

  • Although Roche will make reasonable endeavours to ensure that the content on the Roche website is reliable, inaccuracies may occur. It is therefore important that the User acknowledges that -
    • use of the website is at own risk;
    • the website is provided to the User ‘as is’.
  • The User is furthermore prohibited from –
    • placing information, personal or otherwise, on the Roche website;
    • posting comments on the Roche website;
    • creating additional hyperlinks on the Roche website;
    • defacing the Roche website;
    • deleting, altering and/or amending content on the Roche website.

Hyperlinks

  • Roche may provide hyperlinks to other websites not controlled by it. Such links do not imply the endorsement, agreement or support for the content of such other sites.
  • Downloading material from these sites may risk infringing intellectual property.
  • It is the User’s responsibility to access the authenticity of any website which may be hyperlinked to the Roche site.
  • Roche is not responsible for ensuring that hyperlinks are operational.

Security

  • Although Roche acknowledges that a 100 percent secure online environment is unattainable, Roche is committed to taking reasonable security measures to safeguard the content of its website.
  • The User’s privacy is very important to Roche. Any information provided to Roche is therefore stored on a secure server.
  • Roche does not sell or rent personal information (such as name, address, email address, telephone or fax number) to third parties. Roche does, however, reserve the right to disclose aggregated information regarding its users and usage of the Roche Site (such as User demographics and traffic patterns) to, amongst others, advertisers and suppliers.
  • Roche may disclose personal information in response to a specific request by a law enforcement agency, subpoena, court order, or as required by law.
  • For further information regarding Roche’s treatment of a user’s personal information, referred to Roche’s Privacy Policy

Disclaimer and limitation of liability

  • Information contained on the Roche website is for information purposes only and not intended to constitute professional and/or medical advice as circumstances will vary from person to person.
  • Roche is not liable to Users for information posted on the Roche website.
  • Roche is not liable for the actions of Users of the Roche website.
  • By using the Roche website a User indemnifies, defends and holds harmless Roche, its lawful agents, employees and representatives from all damages, losses and expenses, including legal expenses arising from the following -
    • any claims for the infringement of intellectual property rights, libel, defamation to any material the User may send to the Roche website;
    • the User’s breach of any provisions of these terms and conditions of the Roche website;
    • any claims, cost, loss, damage or expense, whether directly or indirectly, whether monetary or otherwise, which any person may suffer as a result of or in consequence of the use of or reliance of any information or material provided for on the Roche website;
    • Roche, its lawful agents, employees and representatives are further indemnified in respect of any costs, losses, damages or expenses which any person may suffer as a result of entering into any transaction with any third party, including Roche, its lawful agents, employees and representatives as a result of or in consequence of the reliance of any information contained on the Roche website or any related site.
    • In no event shall Roche, its lawful agents and representatives referred to in this website, be liable for any damages of whatsoever nature, whether for bodily, moral or material injury (including, without limiting, indirect, punitive, incidental and consequential damages, loss profits, expenses, costs, damage resulting from lost data or business interruption) resulting from the use or inability to use the Roche website and the material contained therein, whether based on warranty, contractual or extra contractual liability, any other legal matters, and whether or not Roche, its lawful agents, employees and representatives is advised of the possibility of such damages.

Removal and correction of content

Users should report any untrue, inaccurate, illegal and/or harmful content appearing on the Roche website. Roche undertakes to correct and/or remove any such content as soon as it becomes aware thereof.

Entire agreement

The terms and conditions set out herein constitute the whole agreement between the User and Roche and shall take precedence over any disclaimer and/or legal notices attached to any communications and/or postings received by Roche from the User.

  • Any failure by Roche to exercise or enforce any rights or provisions shall not constitute a waiver of such rights or provisions.
  • No amendment of these terms and conditions or any provision or term hereof or of any other conditions contained on this website shall be binding unless made by and recorded in written by Roche.
  • To the extent permissible by law Roche shall not be bound by any express or implied term, representation, warranty, promise or the like not recorded herein.

Applicable law

The Roche website is hosted, controlled and operated from the Republic of South Africa, and therefore South African law governs the use of the Roche website.

Jurisdiction

The High Court of South Africa (Witwatersrand Local Division) shall have jurisdiction with regard to any legal proceedings whatever arising in terms of this Agreement.

Legal costs

Roche shall not be liable for legal costs and expenses incurred by the User to obtain professional advice relating to these terms and conditions.

Breach of terms and conditions

Should the User breach any terms and conditions of this website, Roche shall be entitled, without prejudice to its rights in terms of the terms and conditions or at law, to claim damages from the User, commence criminal proceedings and/or obtain an interdict against the User.

Update of terms and conditions

These terms and conditions were last updated on 1 February 2014