TERMS OF USE

Effective Date: 25th June 2024

Welcome. These Terms of Use (“Terms of Use”) apply to this website (“Website”)Website provided by Celltrion Healthcare New Zealand Limited and/or any of its affiliates (“we”, “us”, or “our”). The information provided through our Website is for general informational and educational purposes only. Please read and review the Terms of Use carefully before accessing or using our Website. Additionally, please read, agree, and accept the terms of our Privacy Policy. BY ACCESSING OR USING OUR WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU SHOULD NOT ACCESS OR USE OUR WEBSITE.

1. Use of Our Website. The information provided through our Services is for general informational and educational purposes.  Your access to and use of the information contained in our Website is subject to this Terms of Use Agreement. By accessing and using our Website, you accept, without limitation or qualification, this Terms of Use Agreement.

2. User Conduct. By using the Website, including any content and Website available through it, you agree that you shall not:

a. delete, modify, exploit, or otherwise attempt to change or alter any of the Website;

b. attempt to access accounts, computer systems, or networks connected to any of our servers or to the Website, in any unauthorized manner, including, without limitation, through the introduction of malicious software or use of SQL injections, brute force attacks, password mining, or any other means, or obtain or attempt to obtain any materials or information through any means not intentionally or readily made available through the Website;

c. use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of the Website or servers or networks connected to the Website, or take any other action that interferes with administration, security, and/or operation of the Website or other parties’ use of the Website;

d. use any robot, spider, scraper, or other automatic or manual device or process for the purpose of harvesting or compiling information on the Website for purposes other than for a generally available search engine;

e. use any of our names, service marks, logos, or trademarks without prior written consent, including, without limitation, as metatags, search engine keywords, or hidden text;

f. use any material or information, including images or photographs, which are made available through the Website in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party;

g. transmit or upload files that contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another;

h. create a false identity for the purpose of misleading others, or violate the privacy rights of others;

i. defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of any third-party; or

j. provide false information, impersonate another person or entity, or misrepresent your affiliation with any entity.

You are prohibited from using our Website to post or transmit any unlawful, threatening, libelous, defamatory, obscene, pornographic, illegal, or any material that could constitute or encourage conduct that would be considered a criminal offence, violate the rights of any party or which may otherwise give rise to civil liability or violate any law. You are also prohibited from using our Website to advertise or perform any commercial solicitation. We will have no obligations with respect to such communications. We reserve the right, at our sole discretion, to remove any and all user submissions we deem to be in violation of these Terms.

3. Content. We will use reasonable efforts to include accurate and up-to-date information in our Website but makes no warranties or representations of any kind as to accuracy, currency or completeness. You agree that access to and use of our Website and the information therein is at your own risk. We disclaim all warranties, express or implied, including warranties of merchantability or fitness for a particular purpose. Neither we nor any party involved in creating, producing, or delivering our Website shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use our Website, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment. You understand and acknowledge that your sole and exclusive remedy with respect to any defect or dissatisfaction with our Website is to cease use of our Website.

4. Indemnification. You agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, suppliers and third-party partners from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms of Use.

5. Privacy. We respect the privacy of users of our Website. Please refer to our Privacy Policy that explains users’ rights and responsibilities with respect to information that is disclosed through our Website.

6. Third-party Websites and Links. Our Website may contain references or links to other websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Similarly, our Website may be accessed from third-party links over whom we have no control. We make no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such third-party websites, including any third-party social media or mobile app platform. Inclusion of any third-party link on this Website does not imply an endorsement or recommendation by us and a link to this Website from another website does not imply a relationship between us and any third-party. Your use of any such third-party site or platform is at your own risk and will be governed by such third-party’s terms and policies (including its privacy policy).

7. Medical Information. The information contained in or provided by our Website may relate to various medical conditions and their treatment. Such information is provided for informational purposes only and is not meant to be a substitute for advice provided by a doctor or other qualified health care professional. You should not use the information contained herein for diagnosing or treating a health condition or disease. Patients should always consult with a doctor or other healthcare professional for medical advice or information about diagnosis and treatment.

8. Minimum Age Requirement. This Website are offered and available to users who 18 years of age or older and reside in the New Zealand. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use this Website.

9. Non-Confidential Information. Subject to any applicable terms and conditions set forth in our Privacy Policy, any communication or other material that you send to us through our Website, the Internet, electronic mail, or otherwise, such as any questions, comments, suggestions or the like, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing, and marketing products.

10. Trademarks. All product names, whether or not appearing in large print or with the trademark symbol, are trademarks of us, our affiliates, related companies or its licensors or joint venture partners, unless otherwise noted. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, the law of slander and libel, the law of privacy and publicity, and communications regulations and statutes. Please be advised that we actively and aggressively enforce its intellectual property rights to the fullest extent of the law.

11. Copyrights. The entire contents of our Website are subject to copyright protection. The contents of our Website may not be copied other than for noncommercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced, or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, or retransmit any information, text or documents contained in our 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 us. Nothing contained herein shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent or trademark of us, or any third-party.

12. Void Where Prohibited. Our Website and their contents are intended to comply with the laws and regulations in the New Zealand. Although the information in our Website is accessible to users outside of the New Zealand, the information pertaining to our products is intended for use only by residents of the New Zealand. Other countries may have laws, regulatory requirements, and medical practices that differ from those in the New Zealand. This site links to other sites produced by our affiliates and/or subsidiaries, some of which are outside the New Zealand. Those sites may have information that is appropriate only to that particular originating country. We reserve the right to limit provision of its products or Website to any person, geographic region, or jurisdiction and/or to limit the quantities or any products or Website we provide. Any offer for any product or service made through our Website is void where prohibited.

13. Governing Laws and Jurisdiction. The terms of this Agreement are governed by the laws of the New Zealand, without regard to its principles of conflicts of law, and regardless of your location.  

 Any and all disputes arising out of or in connection with this Agreement, including any question regarding its existence, validity or termination, shall be exclusively and finally resolved by arbitration under the Rules of the London Court of International Arbitration (“Rules”), which Rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be one (1) and such arbitrator shall be selected in accordance with the Rules. The seat of arbitration shall be Auckland, New Zealand. The arbitral proceedings shall be conducted in the English language. The judgment rendered by the arbitrator shall be final and binding and may be entered into any court of competent jurisdiction. Notwithstanding the above, any action seeking injunctive relief may be brought in any court of competent jurisdiction.  

14. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

15. Waiver and Severability. No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. We reserve the right to alter or delete materials from our Website at any time at its discretion.

16. Entire Agreement. The Terms of Use and our website Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

 
THIS SITE IS DESIGNED FOR THE GENERAL PUBLIC IN NEW ZEALAND.

PRESCRIPTION MEDICINE. Herzuma (trastuzumab biosimilar) is a prescription-only medicine containing trastuzumab. Herzuma powder for intravenous infusion is available as: (i) Herzuma 150mg vial containing 150mg of trastuzumab and (ii) Herzuma 440mg vial containing 440mg of trastuzumab.

USES OF HERZUMA. Herzuma is prescribed for adult patients with HER2-positive: (i) early breast cancer, (ii) metastatic breast cancer, and/or (iii) metastatic gastric cancer.

RISKS AND BENEFITS. Herzuma has risks and benefits. Always discuss your condition and treatment plan with your healthcare professional to determine if Herzuma is right for you. If you have any specific questions about how Herzuma might affect your treatment, side effects, or interactions with other medications, please seek their advice.