Terms of Use

Please read and review the following Terms of Use Agreement carefully before using this Web site. By using this Web site, you agree to this Terms of Use Agreement. If you do not agree, please exit and disregard the information contained herein.
Welcome. This Web site is owned and operated by MSD Belgium BV (MSD), located at Vorstlaan 25, 1170 Brussels with registered number 0406.820.770, RPR Brussels, a Belgian subsidiary of Merck & Co., Inc., Rahway, NJ, USA. MSD and its other affiliated companies are a global pharmaceutical company. When we refer to “MSD,” we mean the pharmaceutical business of Merck & Co., Inc., Rahway, NJ, USA, including our divisions of Human Health, Research, Manufacturing, Corporate, and Vaccines. This Web site and its contents are designed to comply with applicable laws and regulations.

Acceptance
By using this Web site, you agree to be bound by and to comply with this Terms of Use Agreement. MSD reserves the right to change these terms from time to time, as it deems to be necessary. We will always post notice of those changes, and the date that they become effective, within the current Terms of Use Agreement on the Web site. You may view the current applicable version of this Terms of Use Agreement at any time through a link at the bottom of each page within this Web site.

Scope
The Terms of Use set forth in this Terms of Use Agreement apply only to your use of this Web site. MSD operates other Web sites that are covered by their own conditions as specified within those Web sites.

Description of Services
This Web site contains material about MSD and its various products. MSD’s online services contain information about MSD and its various products. This Website and the online service is intended exclusively for the target group that is authorized to obtain or trade in medicinal products in accordance with applicable laws. Your access to and use of the information contained in our online services is subject to these Terms of Use and all applicable laws. By accessing and browsing this Web site, you accept, without limitation or qualification, this Terms of Use Agreement and acknowledge that it supersedes any other agreement between you and MSD.

Representation
As a user of this Web site, you are liable for the accuracy of the information that you provide to us, including, but not limited to, the information you provide about your occupation.

Registration and Privacy
Please refer to MSD’s Internet Privacy Policy for information on our registration processes and how the company protects your personal information.

Links to Other Websites
Registration is a prerequisite of the use of the e-newsletter. Registration is restricted to medical professionals with a professional practice licence in Canada. By registering for the e-newsletter, the user confirms that they are a medical professional registered in Canada. MSD may review the data by appropriate means and is entitled to refuse registration without specifying reasons as to why.
The MSD e-newsletter contains information from specific fields and other current information in the field of healthcare, for example new research findings and further education opportunities. The e-newsletter also contains information about MSD and its various products. The information is intended for the addressee personally.
MSD will send the addressee each e-newsletter by email. The user has no legal entitlement to this service. MSD reserves the right to suspend or cease delivery of the e-newsletter without prior announcement. The user in turn may terminate their subscription to the e-newsletter at any time, usually by cancelling their registration under the menu item "Cancel e-newsletter registration".

Intellectual Property and Other rights
MSD owns and provides this Web site. All trademarks, names, titles, logos, images, designs, text and other materials used in this Web site belong to MSD or its affiliates. No rights (rights of use, license or intellectual property rights) are acquired or transferred by accessing, downloading, receiving or copying information from our online services. You may not reproduce (in whole or in part), transmit (by electronic means or otherwise), modify, link into or use for any public or commercial purpose this Web site or the information contained therein without MSD’s prior written consent. The images shown on the respective drug packages are protected by copyright and are for illustration purpose only. The drug packages actually delivered may differ for regulatory reasons.

Confidentiality
Via the use of this Web site, you may be given access to certain non-public information and specifications relating to the MSD and its products ('Confidential Information'), which is confidential and proprietary to MSD. You may use Confidential Information only as necessary in exercising your rights granted under these Terms of Use Agreement and MSD’s General Conditions of Sale. You agree that you will protect any Confidential Information from unauthorized use, access, or disclosure in the same manner that you would use to protect your own confidential and proprietary information.

Disclaimer of Warranties
MSD has taken reasonable measures to ensure that the information contained within this Web site is reliable, however, by using this Web site, you accept the information, products, and services provided herein “AS IS.” MSD makes no express or implied warranty regarding the accuracy, content, completeness, reliability, operability, or legality of information contained within this Web site, including, without limitation, the warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights. MSD also assumes no responsibility or liability for any damage to your computer or equipment (e.g., due to viruses) resulting from your access to or use of this Web site. MSD reserves the right to change the content of its website at any time without notice.

Liability
If you have any basis for recovering damages (including breach of these Terms of Use Agreement), you agree that your exclusive remedy is to recover, from MSD or any affiliates, resellers, distributors, suppliers (and respective employees, shareholders, or directors) and vendors, only direct damages up to EUR 15.00 collectively. You can't recover any other damages or losses, including, without limitation, consequential, lost profits, special, indirect, incidental, or punitive. These limitations and exclusions apply even if this remedy doesn't fully compensate you for any losses or fails of its essential purpose or if we knew or should have known about the possibility of the damages. To the extent permitted by law, these limitations and exclusions apply to any claims related to these Terms of Use Agreement or your use of the Web site.
You agree to defend, hold harmless, and indemnify MSD from any claim or action brought by a third party, including all damages, liabilities, costs and expenses, and reasonable attorney fees, to the extent resulting from, alleged to have resulted from, or in connection with your breach of the obligations herein or infringement of MSD’s or third party's intellectual property.
You agree to indemnify MSD against any loss or damage and any claims, actions, proceedings, costs or expenses suffered or incurred by MSD as a result of our acting on incorrect information or instructions received from you (including in an Order) or any failure by you to comply with the Terms of Use Agreement or any other reasonable instructions issued by MSD from time to time.

Assignment and Delegation.
You may not assign or delegate any rights or obligations under these Terms of Use Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under these Terms of Use Agreement, fully or partially without notice to you.

Consequences
MSD reserves the right to suspend or terminate your account if you violate the Terms of Use Agreement. If your violation causes harm to others, you agree to indemnify and hold MSD, harmless from and against any and all loss, damage, or expense. If any dispute arises between us regarding this Terms of Use Agreement or your use of this Web site, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to Dutch speaking courts of Brussels. These Terms of Use and your use of this Web site are governed by Belgian law, excluding its conflict of law provisions.

Last updated: July 2023.