Terms of use

EFFECTIVE DATE: AUGUST 2018

These terms and conditions of use (the "Terms of Use") govern and apply to anyone accessing or using the ABSORICA website located at http://absorica.com/index.php (the "Website").

The Website is owned and operated by Sun Pharmaceutical Industries Limited and its subsidiaries and affiliates (collectively, “Sun Pharma,” “we,” “us,” and “our”). While browsing the Website, please be aware that your access to and use of the various information, documents, and services offered by Sun Pharma (the “Materials”) are subject to these Terms of Use. Your use of the Website is expressly conditioned on your compliance with and acceptance of the following Terms of Use. If you choose to continue to use or access this Website after having the opportunity to read the Terms of Use, you recognize that Sun Pharma has provided valuable consideration by offering this Website free of charge, and in exchange for that valuable consideration, you agree to the Terms of Use and incorporated Privacy Policy. If you do not agree with any part of the following Terms of Use or Privacy Policy, please do not use the Website.

Sun Pharma reserves the right to modify these Terms of Use at any time without notice, and such changes shall be deemed effective immediately upon posting of the modified Terms of Use. Your continued use of this Website following the posting of changes to same will indicate your acceptance of those changes.

THE WEBSITE IS NOT INTENDED FOR USE OR ACCESS BY ANYONE UNDER THE AGE OF 13. IF YOU ARE UNDER THE AGE OF 13, YOU MAY NOT USE OR ACCESS THE WEBSITE OR PROVIDE US WITH ANY PERSONALLY IDENTIFIABLE INFORMATION. If you are 13 or older but under the age of 18, you represent that you have reviewed these Terms of Use with your parent or legal guardian and that you and your parent or guardian understand and consent to these Terms of Use.

1. OWNERSHIP AND COPYRIGHT
Copyrights, trademark rights, database rights, design rights, and any and all other intellectual property and other rights relating to the Website and Materials existing now or in the future, including, but not limited to, computer programs, source and object code, documentation, software graphics, text, images, designs, videos, sound, illustrations, animations, databases, logos, domain names, trade names, and trade identities (collectively referred to as the “Content”), are the property of Sun Pharma, its parents, subsidiaries, affiliates, and/or licensors. All elements of the Website, including, without limitation, the general design and the Content, are protected by trade dress, copyright, moral rights, trademark, and other laws relating to intellectual property rights. The Website may only be used for the intended purpose for which it is being made available.

Images of people or places displayed on the Website are either the property of, or used with permission by, Sun Pharma. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms of Use or specific permission provided elsewhere on the Website. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

A single copy of the Materials may be downloaded or otherwise copied from this Website for non-commercial personal use only, provided however, that all copyright and other proprietary notices are kept intact. Any further copying, reproduction, publication, posting, transmission, or distribution of any part of this Website in any way is prohibited. Except as provided herein, no license or right, express or implied, is granted to any person under any intellectual property right. Except as authorized under the copyright laws, you are responsible for obtaining permission before reusing any copyrighted material that is available on the Website. Modification of the Materials or use of the Materials for any other purpose is a violation of Sun Pharma’s copyright and other proprietary rights. Sun Pharma neither warrants nor represents that your use of Materials will not infringe the rights of third parties not owned by or affiliated with Sun Pharma.

2. USE OF WEBSITE
The Website and Materials may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed without the prior written permission of Sun Pharma, except as provided herein. “Deep-linking,” “embedding,” or using analogous technology is strictly prohibited. You are prohibited from posting to or transmitting from the Website any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. You are responsible for complying with all local rules, laws, and regulations, including, without limitation, rules about intellectual property rights, the Internet, technology, data, electronic mail, publicity, and privacy. You agree that you will not use any device, software, or other instrumentality to interfere or attempt to interfere with the proper working of any of the Website, and that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. In addition, you may not use any robot, spider, other automatic device, or manual process to monitor, copy, or scrape any of our web pages or the content contained herein, without the prior express written consent from an authorized executive of Sun Pharma. You agree you will not interfere or attempt to interfere with or damage, impair, or disable the operation of the Website, by any means, including, but not limited to, providing links to third-party sites or uploading or otherwise disseminating viruses, worms, spyware, adware, or other malicious code. You may also not reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation. You may not make any unsolicited offers, request, advertisements, or spam.

You represent, warrant, and agree that you will comply with the above acceptable use requirements. In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including, without limitation, the immediate removal of the related materials from this Website.

3. ABSORICA SMS TEXTING TERMS AND CONDITIONS
The ABSORICA Program Text Messaging (SMS) is valid with most major US carriers. There is no fee payable to Sun Pharma to receive text messages; however, your carrier’s message and data rates may apply. Participants may receive an average of 5 messages per month during the course of this program. You may unsubscribe from the Program at any time by texting STOP. For help, text HELP or contact your mobile carrier.

4. ACCURACY OF INFORMATION
We attempt to ensure that information on the Website is complete, accurate, and current. Except as prohibited by applicable New Jersey law, we make no representation as to the completeness, accuracy, or currency of any information on the Website and in the Materials. Sun Pharma shall not be responsible for any errors or omissions in the Materials.

5. LINKS
This Website may contain hyperlinks or other connection devices, which will allow you to use this Website and access other websites. Sun Pharma is not responsible and assumes no responsibility for the contents of any non-Sun Pharma linked Internet website, or for any potential damage arising out of or in connection with the use of any such link. The Internet websites to which links are provided in this Website are not under the control of Sun Pharma. Access to any other Internet websites linked to the website is at the user’s own risk.

In addition, the existence of a link between this Website and any other Internet website is not and shall not be understood to be an endorsement by Sun Pharma of any material, substance, information, or the owner or proprietor of the linked Internet website, and such link shall not imply nor create any relationship nor endorsement between Sun Pharma and the owner or proprietor of such linked website.

6. PRIVACY
Sun Pharma is committed to ensuring the privacy of its customers. Your use of our Website is subject to our Privacy Policy. Please read the Privacy Policy for information on how your personal information and other information about you will be handled. By accepting these Terms of Use you are also accepting the terms of the Privacy Policy, which is incorporated herein by reference for all purposes. If you do not agree to these Terms of Use, please do not use the Website.

7. DISCLAIMER
This Website contains information pertaining to various health conditions and available treatments. This information should not be used as medical advice, for prescription or diagnosis. Please consult with your physician or other qualified medical or health professional regarding any disease treatment. Sun Pharma assumes no responsibility for any treatment undertaken based upon the Materials provided on this Website.

8. LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES AND RELEASE
EVERY USER WHO VISITS THIS WEBSITE DOES SO AT HIS OR HER OWN RISK. NEITHER SUN PHARMA NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE WEBSITE IS LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE WEBSITE. WITHOUT LIMITING THE FOREGOING, THE MATERIALS IN THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SECURITY, OR ACCURACY.

Neither Sun Pharma nor any other party involved in the creation, production, or delivery of this Website or whose materials or information appear in this Website, will be liable for any damages or injury caused by, including, but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, line failure, technical inaccuracies, typographical errors, or the inability to use the Materials, even if there is negligence on Sun Pharma’s part or an authorized Sun Pharma representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages.

In the event that you have a dispute with one or more other users of the Website, you release Sun Pharma (and its officers, directors, agents, subsidiaries, joint ventures, and employees) from claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

9. INDEMNIFICATION
You agree to indemnify, defend, and hold Sun Pharma, its officers, directors, shareholders, employees, and agents from and against all demands, liabilities, judgments, fines, interest, penalties, damages, losses, costs, claims, or expenses (including, without limitation, attorneys’ fees and fees of other professional advisers) resulting from (i) your online conduct and use of the Website and Materials; (ii) your violation, breach, or alleged breach of these Terms of Use; (iii) your failure to comply with any applicable laws or regulations; (iv) your negligence, willful misconduct, or violations of the intellectual property or other rights of any person, including, without limitation, copyright and trademark infringement, obscene or indecent postings, and online defamation; or (v) any of your dealings or transactions with other persons resulting from use of the Website. You will be required to completely and fully indemnify Sun Pharma for its losses.

10. LEGAL NOTICE TO NEW JERSEY RESIDENTS
No provision in these Terms of Use shall apply to any consumer in New Jersey if the provision limits redress for/under: (i) Sun Pharma’s tortious actions (e.g., negligence, failure to exercise a basic standard of care, failure to avoid creating an unreasonable risk of harm); (ii) the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1, et seq. (i.e., the statutorily imposed duty to refrain from manufacturing and selling dangerous products, with the possibility of punitive damages for violations thereof); (iii) the New Jersey Punitive Damages Act, N.J.S.A. 2A:15-5.9, et seq. (i.e., the statutory right to pursue punitive damages in the event of harm caused by actual malice, wanton and willful disregard, reckless indifference); (iv) the New Jersey Uniform Commercial Code (i.e., a comprehensive statutory regime governing the rights and duties of buyers and sellers with respect to contracts for the sale of goods, with the possibility of damages for economic and property harm); and (v) Sun Pharma’s failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft, as regulated by the Federal Trade Commission and the Federal Communications Commission, and as governed by the New Jersey Identity Theft Protection Act, N.J.S.A. 56:8-161, et seq., and the New Jersey Consumer Fraud Act, N.J.S.A. 56:8-3, et seq.). With respect to these Terms of Use, the provision concerning the exclusion or limitation of certain damages is not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property.

11. JURISDICTION AND GENERAL TERMS
This Website is intended for use in and by citizens and domiciliaries of the United States of America only. The Materials may contain information about products which may not be available in other countries or may be available under different trademarks in different countries, subject to different indications or restrictions of use. The Terms of Use shall be governed by and construed in accordance with the laws of the State of New Jersey, in the United States of America, regardless of where the user is based. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Essex County, New Jersey, U.S.A., and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.

If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.

You or we may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. Unless otherwise stated, any other rules, restrictions, guidelines, and terms and conditions that may be posted or made available in connection with a particular feature on the Website are incorporated by this reference into these Terms of Use.

Your use of the Website is independent of Sun Pharma and not as an employee, agent, partner, or joint-venturer with Sun Pharma for any purpose.

No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

12. ENTIRE AGREEMENT
The Terms of Use constitutes the entire agreement between you and Sun Pharma and supersedes any prior understandings or agreements (written or oral). If you do not understand any of the foregoing terms and conditions or if you have any questions or comments, we invite you to contact us at US.Privacypolicy@sunpharma.com.