Terms of Use
Welcome to the TakedaPro Portal (“Portal”) which will be accessible from www.taekdapro.com.au (together, the “Website”). The information provided on this Website is about Takeda and its products, or health related information provided through the Website, and is intended exclusively for Australian healthcare professionals with a registered Takeda ID. It is for general information and educational purposes only.
Please read and review these Terms of Use carefully before accessing and using this Website. If you do not agree to these Terms of Use (including any amendments to these Terms of Use), you must not access or use this Website.
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USE OF TAKEDA WEBSITE
Your access to, and use of, this Website is governed by the following terms and conditions and all applicable laws. By using any of the contents of this Website, including but not limited to, all text and images, graphics, logos, icons, and video clips (the “Contents”) you hereby acknowledge that you have read, understood and agreed, without limitation or qualification, to these Terms of Use and acknowledge that any other agreements between you and Takeda Pharmaceuticals Australia Pty Ltd having its offices at Grosvenor Place, Level 39, 225 George Street, Sydney NSW 2000 Australia (“Takeda”) are superseded with respect to this subject matter.
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INFORMATION PURPOSES
This Website may contain specific information relating to various Takeda medicines including, but not limited to, prescription only medicines.
All information presented on this Website is solely intended for Healthcare Professionals. For the avoidance of doubt, a “Healthcare Professional” refers to any natural person that is a member of the medical, dental, pharmacy or nursing profession or any other person, who in the course of his/her professional activities may prescribe, purchase, supply, recommend or administer a medicine or medical devices. By using this Website you certify that you have a current and unrestricted license to operate as a Healthcare Professional in the country from which this site is accessible. This section of the Website is not intended for patients’ access and in this regard, patients must not act upon this Website.
All information presented on this Website, including any materials available on the Portal, is solely intended for educational and informational purposes only. The information provided is not intended to replace the professional judgement of the physician in determining the treatment they deem appropriate based on their professional judgment and experience. Please note that approved prescribing information must guide the appropriate use of all medicines and before prescribing any medicine, Healthcare Professionals should consult the approved prescribing information for that medicine in their country.
This Website may contain information about products that may not be available in all countries, or may be available under different trademarks, for different indications, in different dosages, or in different strengths and subject to different regulatory requirements depending on the country of use. Many of the products listed are available only by prescription through Healthcare professionals.
All information and references relating to handling, storage or use of products, to be implied from the relevant resource, are based on Takeda's knowledge at the time such information is provided.
The information provided on this Website does not constitute an offer of, or solicitation for, the purchase, disposal of, trading, or any transaction in any Takeda securities, its affiliates and/or partners’ securities. Investors must not rely on this information for investment decisions.
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TAKEDA ID
This Website is restricted to users who have registered with us using your TakedaID, and to access the Portal, you will need to also log in to the Portal using your Takeda ID and password. To register, you will need to provide information on our Website including your name, email address and password and accept related terms and conditions to obtain your unique Takeda ID. You warrant that the information you provide is accurate, true and correct, and you will notify us if any information changes. You are responsible for all activities that are conducted through your account whether or not you have authorised such use.
Your TakedaID, password or any other piece of information which you use as part of our security procedures, must be treated as confidential, and you must not share it with any other person. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use. You agree to notify us immediately upon becoming aware of any unauthorised disclosure or use of your user identification code and/or password. Please refer to our TakedaID terms and conditions at https://accounts.takeda.com/terms-of-use/ and Takeda ID privacy notice at https://accounts.takeda.com/privacy-notice/
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USE OF CONTENTS AND INTELLECTUAL PROPERTY RIGHTS
The entire Contents of this Website are subject to the relevant trademark and copyright protection. The trademarks, logos and service marks (collectively, the "Trademarks") used or mentioned on this site are registered and unregistered trademarks of Takeda, one of its affiliates and/or partners and are protected by applicable law. You may download, display or print information from this Website solely for non-commercial personal use or for use in non-commercial education and scientific work. No modification for further reproduction of the content is permitted and all copyright and other proprietary notices contained herein shall be retained in all copies. The content may otherwise not be copied or used in any way without the prior written consent of Takeda or except as provided in these Terms of Use. This Website and all of its Contents are owned by Takeda, its affiliates and/or partners. All rights reserved.
Other than the limited right to use the Website and all of its Contents in accordance with these Terms of Use, no license to, or right in, the Website and/or the Contents or any trademarks, patents, designs, trade secrets, technologies, products, process and other proprietary rights of Takeda, its affiliates and/or partners is granted to or conferred upon you.
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INFORMATION "AS IS"
Takeda will use reasonable efforts to include accurate and up-to-date information on this Website but, to the extent permitted by applicable law, makes no warranties or representations of any kind as to its accuracy, currency or completeness.
To the extent permitted by applicable law, Takeda disclaims all warranties, expressed or implied, including warranties of acceptable quality or fitness for a particular purpose. Furthermore, Takeda neither warrants nor represents that your use of any of the Contents on this Website will not infringe rights of third parties, not owned by Takeda or any of its affiliates. You agree that access to and use of this Website and the Contents thereof is at your own risk.
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DISCLAIMED LIABILITY
To the maximum extent permitted by law, neither Takeda nor any party involved in creating, producing or delivering this Website shall be liable for any damages or injury including, without limitation, direct, indirect, incidental, consequential, punitive, and special or other damages, lost opportunities, lost profit or any loss or damages of any kind arising out of access to, use of, or inability to use, this Website, or any errors or omissions in the Contents thereof. This limitation includes damages to, or any viruses that may affect, your computer equipment, and this limitation applies to the fullest extent permitted by applicable law.
Nothing in these Terms excludes, restricts or modifies any right, remedy, guarantee, warranty or other term or condition implied or imposed by the Australian Consumer Law which cannot be lawfully excluded or limited. The limitations outlined above, and anywhere else in those document, will not operate to the extent they are inconsistent with those statutory guarantees.
Takeda’s liability for breach of any warranty or statutory guarantee implied into these Terms of Use by statute which cannot be excluded is limited (where permitted by applicable law) to the supply of that part of the Website again or, at Takeda’s option, the payment of the costs of having an equivalent service supplied again.
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DATA PRIVACY
Takeda respects the privacy of its Website users. Please refer to the TakedaPro Australia Privacy Notice for information about how your personal data may be processed when you visit or use this Website.
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LINKS TO OTHER INTERNET SITES
This Website may contain links or references to other internet sites maintained by third parties over which Takeda has no control. Such links are provided merely as a convenience. Similarly, this Website may be accessed from third party links over which Takeda has no control. Your use of such third party internet sites is subject to the terms of use and privacy policies of those websites, and your access to and use of those sites is at your own risk.
Accordingly, Takeda makes no warranties or representations of any kind as to the truthfulness, accuracy, currency, completeness of any information contained, or compliance with, applicable law in such third-party internet sites and assumes no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third-party links does not imply any endorsement or recommendation by Takeda.
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USE OF QUESTIONS AND COMMENTS
Except for transmissions covered by our Privacy Statement or made by Healthcare Professionals pursuant to the applicable laws, regulations and codes, communications which you forward to this Website or otherwise transmit to Takeda on or through this Website shall be deemed non-confidential and non-proprietary and Takeda shall not be required to respond. Subject to the applicable laws, Takeda and its affiliates reserve the right to use such communications of a non-confidential nature for any purpose and to reproduce, publish and disclose this information to third parties without limitation or compensation.
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APPLICABLE LAW AND PLACE OF JURISDICTION
For any breaches of the terms and conditions in the Terms of Use, Takeda reserves the right to take corrective action including, but not limited to, suspending or terminating access to the Website (such as if you knowingly transmit any virus to this Website, or impersonate any person when using or accessing the Website) and removing any information, data and content communicated to this Website, at any moment and without notice.
These Terms of Use, the Contents of this Website and your use of it shall be governed by and construed in accordance with substantive laws of New South Wales, Australia. Any conflict arising out of, or in relation hereto, if not solved amicably, shall be settled by courts of competent jurisdiction in New South Wales.
In case any part of these Terms of Use is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
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UPLOADING CONTENT
If some features of the Portal allow you to upload content to the Portal, you must not upload or otherwise transmit or distribute material which breaches any law, which infringes any third party rights, which is defamatory, discriminatory, obscene, offensive, misleading, deceptive, inflammatory or which is threatening, abusive or invasive of another person’s privacy. You warrant that you are the owner or authorised user of the materials you upload.
You must ensure that all information provided by you and uploaded to the Portal is and remains accurate and complete.
You must not transmit to or via the Portal any virus or other information or otherwise use the Portal in a way which tampers with, hinders the operation of or makes unauthorised modifications to the Portal, or inhibits any other user from using the Portal.
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APPLICABLE LEGISLATION
These Terms of Use are governed by the law in force in Australia, without reference to the rules on conflicts of laws. If any provision of these Terms of Use is found to be illegal, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms of Use and will not affect the validity of the remaining provisions.
These Terms of Use (and the documents referred to in them) constitute the entire agreement between You and Takeda.
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ADVERTISING
You agree not to use Takeda's name, brand, or logos for advertising or any other similar purpose, including, without limitation, brochures, advertisements, press releases, testimonials, web pages, customer reference lists, or other express or implied representations. without the prior written authorisation of Takeda, which may be refused in its sole discretion. You agree that this clause is important to Takeda and that legal remedies may not be adequate to protect Takeda against breach of this clause. You agree in advance that Takeda shall have the right to obtain injunctive relief in your favor without showing actual damages in the event of User's breach of this clause. Such indemnity shall not be deemed the sole indemnity for any breach of this Terms of Use, but shall be in addition to any other indemnity available to Takeda at law or in equity.
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UPDATE TO THE TERMS OF USE AND OTHER POLICIES PROVIDED ON THIS TAKEDA WEBSITE
Takeda reserves the right to update, alter or delete material from the Website at any time, and Takeda may, at any time, revise these Terms of Use and/or any other policies set forth in this Website by updating this posting. By using the Website, including accessing the Portal, you accept all of its Terms of Use and should, therefore, periodically visit this page to review the then current Terms of Use and policies.
Dated: July 2023
The copyright and ownership of this Website reside with:
TAKEDA PHARMACEUTICALS AUSTRALIA PTY LTD
Suite 3901, Level 39,
Grovesnor Place,
255 George Street, Sydney,
New South Wales 2000, Australia