Terms & Conditions

IMPORTANT: PLEASE READ THIS NOTICE CAREFULLY

1. Accessing our Site and Applications

2. Reliance on information published

3. Disclaimer

4. Intellectual Property Rights

5. Information about you and your visits to our Site

6. Viruses, Hacking and other Offences

7. Links to other Websites

8. Changes to Terms of Use

9. Investors

10. Jurisdiction and Applicable Law

11. Miscellaneous

12. Your concerns

13. Countries

1. Accessing our Site and Applications

Access to the Site and Applications is permitted on a temporary basis and we reserve the right to withdraw or amend the service we provide on the Site and/or any of the Applications without notice. We will not be liable if for any reason the Site or any Application is unavailable at any time or for any period.

Access to some parts or the whole of the Site and/or an Application may be restricted from time to time to registered users. If you choose, or you are provided with a user identification code, password or other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. 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 provisions of these Terms of Use.

You are responsible for making all arrangements necessary for you to have access to our Site and/or Applications. You are also responsible for ensuring that all persons who access our Site and/or Applications through your internet connection are aware of these Terms of Use, and that they comply with them.

2. Reliance on information published

The information and other materials posted on or contained within the Site and/or any Application is provided for general information and education purpose and is in no way intended to serve as a substitute for medical advice, or to amount to advice on which reliance should be placed. If you have a medical condition, you should promptly see a medical professional or health care provider. This website is not intended to offer medical diagnosis or patient specific treatment advice. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our Site or any user of our Applications, or by anyone who may be informed of any of their content.

3. Disclaimer

Merck, Merck affiliates and third parties connected to us accept no liability for:

3.1 The accuracy or completeness or use of, nor any liability to update, the information contained on the Site and/or any Application. These materials are provided “as is” or “as described”, without warranty, condition or guarantee of any kind, either express or implied (whether by statute, common law or equity), including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement; or

3.2 Any direct, indirect or consequential loss or damage incurred by any user in connection with the Site and/or any Application or in connection with the use, inability to use, or results of the use of the Site and/or any Application, any websites linked to them and any materials published on them, including without limitation any liability for:

a) LOSS OF INCOME OR REVENUE; b) LOSS OF BUSINESS; c) LOSS OF PROFITS OR CONTRACTS; d) LOSS OF ANTICIPATED SAVINGS; e) LOSS OR CORRUPTION OF DATA; f) LOSS OF USE; g) LOSS OF GOODWILL; h) WASTED MANAGEMENT OR OFFICE TIME; OR i) ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWSOEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, or any other liability which cannot be excluded or limited under applicable law.

4. Intellectual Property Rights

Merck is the owner, or the licensee, of all intellectual property rights in the Site and/or any Application, and in the material published on them, unless indicated differently. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Merck Group companies and/or other parties. No licence to, or right in, any such intellectual property rights, such as trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Merck Group of companies and/or other parties is granted or awarded to you.

Merck authorises you to print and copy materials published on our Site and/or Applications for your personal reference and non-commercial use only, provided that any copy of these materials which you make retains all copyright and other proprietary notices and any disclaimer contained thereon and on our Site and/or Applications. Our status (and that of any identified contributors) as the authors of material on our Site and/or Applications, must always be acknowledged.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, diagrams, photographs, video or audio sequences or any graphics separately from any accompanying text. If you print off, copy or download any part of our Site or a Application in breach of these Terms of Use, your right to use our Site or the relevant Application will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any trademark or copyright of Merck or any third party.

Merck claims no ownership in, nor any affiliation with, any third-party trademarks or trade names appearing in this Site or any Application. Such third-party trademarks or trade names are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Merck should be inferred from the use of these marks.

Subject to our Privacy Policy, should any viewer of published information respond with information including feedback data such as questions, comments, suggestions, or the like regarding the content of any such material on the Site and/or any Application, such information shall be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose, and distribute the information to others without limitation. We shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever.

5. Information about you and your visits to our Site

We process information about you in accordance with our Privacy Policy. By using our Site and/or Applications (if applicable), you consent to such processing and you warrant that all data provided by you is accurate. For more information, view our Privacy Policy.

6. Viruses, Hacking and other Offences

You must not misuse our Site and/or Applications by introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Applications, Site, or any server, computer or database connected to our Site and Applications.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and/or Applications will cease immediately.

We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site and/or Applications or to your downloading of any material published on them, or on any website linked to them.

7. Links to other Websites

Our Site and/or Applications may contain links to third parties websites or resources. We accept no liability for any information or opinion contained on any such websites or resources.

Merck has no control over such websites or resources. It is the responsibility of the user of such websites or resources to ensure that any information accessed is accurate and that software downloaded from those sites is free of viruses or any other items of a destructive nature. Merck and its affiliates accept no liability whatsoever in respect of any loss, damage, costs or liability incurred through any such downloaded material.

The Privacy Policy and Terms of Use described herein do not apply to third party websites. Please ensure you check the legal and privacy statement posted on each site you link to.

8. Changes to Terms of Use

We may occasionally update these Terms of Use and we encourage you to periodically review these Terms of Use to stay informed of any amendments as they are binding on you. Your continued use of the Site and Applications constitutes your agreement to the Terms of Use existing at that time. Some of the provisions contained in these Terms of Use may also be superseded by provisions or notices published elsewhere on our Site or on an Application.

9. Investors

Investors, and potential investors, are directed to the website of the Merck Group, and are reminded that the Merck Group website has its own terms of use and privacy policy which will be binding upon you in relation to your use of that site and any information contained therein.

Nothing on our Site constitutes an invitation or offer to invest or deal in the securities of the Merck Group or an invitation by Merck or any of its affiliates to enter into such a contract with a user of our Site. In particular, actual results and developments may be materially different from any forecast, opinion or expectation expressed on this website and the past performance of the price of shares must not be relied on as a guide to their future performance.

10. Jurisdiction and Applicable Law

These Terms of Use are governed by Kenyan law. The Kenyan Courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our Site and/or use of any Application, although we reserve the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.

11. Miscellaneous

To the extent that any provisions of these Terms of Use are held to be illegal, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions.

12. Your concerns

If you have any concerns about material which appears on our Site or any Application, please refer to the Contacts section of this Site to contact Merck.

13. Countries

Kenya

Thank you for visiting our Site and/or Application.