Terms of Use​

TERMS OF USE

ATTENTION: IMPORTANT LEGAL NOTICE

1. Introduction

1.1. These terms and conditions (Terms) apply to the entire contents of the dedicated BUCCOLAM® website under the domain name www.buccolam.co.uk (Website). This Website and the BUCCOLAM® 2,5mg, 5mg, 7,5mg and 10mg in oromucosal solution midazolam product (Product) are the properties of Neuraxpharm.

1.2. Please read these Terms carefully before using this Website. We recommend that you print off a copy of these Terms.

1.3. If you have a query about our Website or these Terms, please contact us at info-uk@neuraxpharm.com. For information about Neuraxpharm the Product itself and our products and services, please email us at info-uk@neuraxpharm.com

2. Information about Neuraxpharm

Neuraxpharm UK Ltd is a limited company registered in England & Wales, with company number 10918621. Our registered office is at Neuraxpharm UK Ltd, Unit 12, Farnborough Business Centre, Eelmoor Rd. GU14 7XA Farnborough, Hampshire, United Kingdom.

3. These Terms are binding

3.1. Using this Website indicates that you accept these Terms and agree to comply with them as well as with any notices we place on the Website. If you do not accept these Terms, please do not use this Website.

3.2. You are responsible for ensuring that anyone who has access to the Website through your internet connections is aware of these Terms and that they comply with them.

4. These Terms may change

These Terms may be changed in our discretion to reflect our business in any better or different way or for any reason. You should refer to the Website as often as you can so that you become aware of any revisions and updates we make to these Terms. The date at the end of these Terms is the date of the latest version.

5. Access to the Website

5.1. Neuraxpharm shall use its reasonable efforts to ensure that this Website is available 24 hours per day and 7 days per week but we shall not be liable if for any reason this Website is unavailable at any time or for any period. Access to this Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

6. Website content and materials

6.1. Neuraxpharm may change the format and content of the Website itself from time to time or the details about any products or services shown on the Website at any time without notice. You should refresh your browser each time you visit our Website to ensure that you download the most up-to-date version.

6.2. We may add to, subtract from, update or otherwise amend any feature or function of the Website at our option from time to time without any notice or liability to you. Any specific materials may be removed at our discretion for any reason. You may not use, reproduce, distribute, display, publish, transmit or otherwise exploit any part of the website or any materials on its pages for any purpose without first obtaining the express written consent of Neuraxpharm.

6.3. You may however download and print pages from the Website for your personal use in accordance with these Terms. In downloading any Website material depicted in any screenshot you acknowledge that you do not acquire any ownership rights in that material. You acknowledge that you may not make any commercial use of any Website material obtained in this way or make any other use or reproduce, display, distribute or create derivative works based on any Website material.

6.4. Neurapxharm is under no obligation to you to provide or make available the Website or any product or service in its any form, or at all.

7. Malicious use

7.1. You must not circumvent or attempt to circumvent any content filtering techniques we use or attempt to access parts of the Website (or any hardware, software or networks associated with it) that you do not have our authority to access, or use any automatic device such as a robot or spider or manual process to copy or scrape the Website or any material within it.

7.2. You are prohibited from posting or transmitting to or from this Website any material:

7.2.1. that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause material annoyance or inconvenience; or

7.2.2. for which you have not obtained all necessary licences and/or approvals; or

7.2.3. which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in the UK or any other country in the world; or

7.2.4. which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, ransomware, denial-of-service or distributed denial-of-service attacks, hacking, corrupted data or other malicious software or harmful data).

7.3. Neuraxpharm shall fully co-operate with any law enforcement authorities and comply with any court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of this Term and your right of access to all use of this Website will cease immediately.

8. Links to and from the Website

8.1. Links to third party websites (if so provided) on this Website are provided solely for your convenience. If you use these links, you leave this Website. Neuraxpharm has not reviewed any third party websites and does not control and is not responsible for these websites or their content or availability. Neuraxpharm therefore does not endorse, approve or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

8.2. If you would like to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

8.2.1. you do not remove, distort or otherwise alter the size or appearance of the BUCCOLAM® trade mark;

8.2.2. you do not create a frame or any other browser or border environment around this Website;

8.2.3. you do not in any way imply that Neuraxpharm is endorsing any products or services other than our own;

8.2.4. you do not misrepresent your relationship with Neuraxpharm nor present any other false information about Neuraxpharm;

8.2.5. you do not otherwise use of the BUCCOLAM® trade mark or any of Neuraxpharm’s other trade marks displayed on this Website without express written permission from ourselves;

8.2.6. you do not link from a website that is not owned by you; and

8.2.7. your website does not contain content that is distasteful, offensive or controversial, infringes any intellectual property rights or other rights of any other person or otherwise does not comply with all applicable laws and regulations or is otherwise in breach of Term 7.

8.3. Neuraxpharm expressly reserves the right to revoke the right granted in Term 8.2 for breach of these terms and to take any action it deems appropriate.

8.4. You shall fully indemnify Neuraxpharm and/or its owner(s) for any loss or damage suffered by Neuraxpharm for breach of Terms 7 and 8.

9. Intellectual property rights

9.1. This Website contains material belonging to Neuraxpharm or its licensors that is protected by the Intellectual Property Rights (IPR) of NEURAXPHARM or of any third parties that license us to display material on the Website or by international treaties relating to mutual recognition of IPR between most countries. IPR of relevance include, but are not limited to, copyright, moral rights, trade marks, database right, design right, patents or know-how. In addition, the Website and its included material such as texts, illustrations, images, software, graphics, photographs, URLs, technology and documentation incorporate the IPR of NEURAXPHARM and its licensors. The Website as it appears to you online and the underlying code is protected by such IPR including but not limited to copyright, database right and design right vesting in NEURAXPHARM and its licensors.

9.2. We grant you a limited, revocable, non-exclusive, non-assignable, non-sub licensable, royalty-free, worldwide license for as long as you wish to access and use the Website and view materials on it on a passive basis. Under this license you are permitted to print and download extracts from this Website for your own use in accordance with Term 6.2 on the following basis:

9.2.1. no documents or related graphics on this Website are modified in any way;

9.2.2. no graphics on this Website are used separately from accompanying text; and

9.2.3. NEURAXPHARM´s copyright and trade mark notices and this permission notice appear in all copies.

9.3. Copyright and other intellectual property rights in all material on this Website (including without limitation photographs and graphical images) are owned by NEURAXPHARM or its licensors. For the purposes of these Terms, any use of extracts from this Website other than in accordance with Term 9.2 for any purpose is prohibited.

9.4. If you breach any of these Terms, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

9.5. The copyright and database right in all material and information on this Website including, without limitation, site design, text, graphics and underlying code are owned by or licensed to NEURAXPHARM.

9.6. You may only access and download the contents of the pages on this Website on a temporary basis and for the sole purpose of viewing such information. You may not permanently copy or reproduce any part of the contents of the pages on this Website without NEURAXPHARM’s prior written permission. Except as set out above, nothing contained on this Website shall be construed as granting any license or rights under any IPR of NEURAXPHARM.

9.7. Subject to Term 6.2, no part of this Website may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.

9.8. BUCCOLAM® is the trade mark of NEURAXPHARM with respect to the Product. It is registered or protected in several jurisdictions throughout the world and all rights in it are reserved.

9.9. Any IPR or other rights not expressly granted in these Terms are reserved.

10. Disclaimers

10.1. The material on this Website is provided “as is”, without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, NEURAXPHARM makes available this Website on the basis that NEURAXPHARM excludes all representations, warranties, conditions and other terms (including, without limitation, the conditions implied by law of satisfactory quality, fitness for purpose and the use of reasonable care and skill) which but for these Terms might have effect in relation to this Website.

10.2. NEURAXPHARM specifically disclaims any liability for your use of the Website or of any materials or any information that you obtain for the Website. You use the Website at your own discretion and risk and you are solely responsible to your computers or systems or existing data that results from your use and access to the Website. NEURAXPHARM also disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for any purpose or generally, non-infringement of third party IPR, title, quiet enjoyment, freedom from malware and further disclaims any warranty that the content of this Website is accurate, complete and up to date.

10.3. Although NEURAXPHARM uses all reasonable efforts to ensure that the information on this Website is correct, we do not warrant the accuracy and completeness of the material on this Website. NEURAXPHARM may make changes to the material on this Website, or to any products or services described in it, at any time without notice. The material on this Website may be out of date, and NEURAXPHARM makes no commitment to update such material.

10.4. Some material provided on this Website may relate to medical, health or fitness conditions and their prevention and treatment. Such material is provided for information purposes only. It is not, and is not meant to be a substitute for advice that should be provided by a physician or appropriate medical professional. If you are an epilepsy patient or your believe that you show certain clinical symptoms, you should not use the information on this Website for diagnosing a health or fitness problem or disease, but you should always take advice from your own physician or medical adviser. To the extent permissible by applicable law, NEURAXPHARM, does not warrant that access to this Website will be available, nor that this Website or the server that makes it available are free of viruses or other harmful components.

10.5. NEURAXPHARM makes no representation that any material contained in this Website is appropriate for, nor able to be used in any jurisdiction. If you choose to gain access from any location other than the United Kingdom, you do so of your own volition and are responsible for compliance with all applicable local laws and you represent and warrant that your activities are lawful in every jurisdiction where you access or use the Website.

11. No warranties

NEURAXPHARM does not represent or warrant that the Website will be error free or uninterrupted or that defects will be corrected or that the Website or the server that makes the Website available is free from any harmful components, including, without limitation, viruses and other malware. We exclude any representation or warranty that the information on this Website is accurate, complete, fit for your purposes or useful.

12. Our limitations of liability

12.1. NEURAXPHARM, it’s officers, directors, employees, shareholders or agents of any of them, exclude all liability and responsibility for any amount or type of loss or damage that may result to you or a third party (including without limitation, any direct, indirect, punitive or consequential loss or damages), and whether in tort (including without limitation negligence), contract or otherwise) in any way or in connection with:

12.1.1. this Website;

12.1.2. the use, reliance upon, inability to use or the results of use of this Website;

12.1.3. any websites linked to this Website or the material on such websites;

12.1.4. your downloading of any material from this Website or any websites linked to this Website ; or

12.1.5. viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing this Website.

12.2. NEURAXPHARM is specifically not liable for:

12.2.1. loss of income, profits, contracts, sales, business, data or revenue;

12.2.2. business interruptions;

12.2.3. loss of anticipated savings;

12.2.4. loss of business opportunity, goodwill or reputation; or

12.2.5. any indirect or consequential loss or damage.

12.3. In no event will the total liability of NEURAXPHARM to you for any damages, losses or causes of action exceed £100 sterling.

12.4. Nothing in these Terms shall exclude or limit NEURAXPHARM´s liability for:

12.4.1. death or personal injury caused by negligence or breach of statutory duty; or

12.4.2. fraud; or

12.4.3. misrepresentation as to a fundamental matter; or

12.4.4. any liability which cannot be excluded or limited under applicable law.

13. Privacy

13.1. All information you supply about yourself and others by way of enquiry forms, emails and the like, if it is “personal data” within the meaning of current data protection legislation applicable in the United Kingdom and/or the European Economic Area, is subject to our compliance with such current data protection legislation.

13.2. Other than personally identifiable information, which is covered under our BUCCOLAM® Privacy Policy which is incorporated as part of these Terms, any material you transmit or post to this Website shall be considered non-confidential and non-proprietary. NEURAXPHARM shall have no obligations with respect to such material. NEURAXPHARM and its designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.

14. Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with English law. Disputes arising in connection with this legal notice shall be subject to the exclusive jurisdiction of the English courts.

Version 1 (7 June 2021) © 2021 Neuraxpharm. All rights reserved.

This information is provided as a resource for patients who have been prescribed Buccolam by their doctor or other healthcare professional.

Reporting of adverse events (Healthcare Professionals in the UK)

Adverse events should be reported. Reporting forms and information can be found at: www.mhra.gov.uk/yellowcard or search for MHRA Yellow Card in the Google Play or Apple App Store. Adverse events should also be reported to Neuraxpharm. at: pv-uk@neuraxpharm.com