Terms of Use

1. WEBSITE TERMS OF USE

This page tells you the terms on which you may make use of our website www.femal.co.uk. By using our Website, you accept that you agree to be bound by these Website Terms of Use. If you do not agree to these Terms of Use, you must not use our Website. We advise you to consult these Terms of Use regularly as they made be modified from time to time without notice.

Click on the links below to go straight to more information on each area:

01. WEBSITE TERMS OF USE
02. INFORMATION ABOUT US AND HOW TO CONTACT US
03. YOUR USE OF THIS WEBSITE
04. INFORMATION ON THIS WEBSITE
05. OTHER TERMS THAT MAY APPLY
06. SECURITY
07. DISCLAIMERS
08. INTELLECTUAL PROPERTY RIGHTS
09. ACCEPTABLE USE
10. AVAILABILITY OF WEBSITE
11. LIMITATIONS OF LIABILITY
12. INDEMNIFICATION
13. LINKS TO THIRD PARTY WEBSITES
14. LINKING TO THIS WEBSITE
15. PRIVACY
16. [UPLOADING CONTENT TO THE WEBSITE]
17. MISCELLANEOUS
18. GOVERNING LAW AND JURISDICTION

2. INFORMATION ABOUT US AND HOW TO CONTACT US

The Website is owned and operated by [insertl] (“We”, “our”, “us”). We are a limited company registered in [insert] under company number [insert] and have our registered office at insert]. Our VAT number is [insert]. If you have any questions, comments or complaints about this Website, you may contact us by email at: [email protected].

3.YOUR USE OF THIS WEBSITE

This Website is intended to be used by residents of the [European Union (which for the avoidance of doubt, shall include the United Kingdom)] (the "EU") (“you”, “your”). If you are not resident in the EU, please refer to a Femal website in your country of residence.

The information on the Website is intended to only be accessible by users inside the EU and the information pertaining to Femal products is intended only for use by EU residents. Other countries outside of the EU may have laws, regulatory requirements and medical practices that differ from those in the EU. We do not represent that content available on or through the Website is appropriate for use or available in other locations.

[The Website may also link to other websites produced by other operating divisions, some of which are outside the EU. Those websites may have information that is appropriate only to that particular originating country. Subject to applicable laws, we reserve the right to limit the provision of products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on the Website is void where prohibited.]

4. INFORMATION ON THIS WEBSITE

The information provided on this Website is for general information purposes only. We may add, remove or update the information on the Website at any time without notice to you.

Certain sections of the Website are intended for particular audiences (including our shareholders, members of the healthcare community, and the general public) and we make no representation that information on the Website is appropriate or available for use outside of the EU.

• Medical Information

  This Website contains information relating to various food supplement products. Such information is provided for information purposes and is not intended to be a substitute for informed medical advice provided by your own doctor or qualified healthcare professional. The information on this Website should not be used to diagnose a health problem or condition. Patients should always consult with a doctor or other qualified healthcare professional for medical advice. Information on the products mentioned on this Website may vary by country and patients and healthcare professionals who are visiting the Website from outside the EU do so at their own risk and should check with local medical resources for information appropriate to their country (please see “Information on Products” section below). We make no representations, warranties or guarantees, whether express or implied, that the content on our Website is accurate, complete or up to date and to the maximum extent permitted by law, we exclude all liability and responsibility arising from any reliance placed on the information on the Website by any visitor to the Website, or by anyone who might be informed by its content.

• Forward Looking Statements

  The Website contains forward-looking statements about our financial and operating performance, business plans and prospects, in-line products and products in development that involve substantial risks and uncertainties. Actual results could differ materially from the expectations and projections set forth in those statements. A discussion of these and other risks can be found in the most recent Annual Report. We assume no obligation to update any forward-looking statements as a result of new information or future events or developments.

• Information on Products

  The information on the Website may contain direct or indirect references to products, programs and services which are not available in certain countries or regions, or which may be subject to different regulations and conditions of use depending on the country. Such references do not imply any intention by us to sell these products, programs or services in your country. Please consult your local subsidiary/affiliate for information on the products, programs and services which are available in your country.

• No invitation to deal

  Nothing on this Website shall be deemed to constitute an invitation to invest or deal in shares, American Depository Receipts ("ADRs"), or other securities in [Shionogi Limited]. 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 securities must not be relied on as a guide to their future performance.

5. OTHER TERMS THAT MAY APPLY

The following additional terms may also apply to your use of this Website:

• Our Privacy Policy. See further under clause [15];
• Our Cookie Policy, which sets out information about cookies on the Website;

In addition, our online store is hosted on Shopify Inc. Shopify Inc. provide us with the online e-commerce platform that allows us to sell our products and services to you. If you purchase goods from [the Website], our Terms & Conditions of Sale [INSERT AS LINK] will apply to the sales.

6. SECURITY

[If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. 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 reasonable opinion you have failed to comply with any of the provisions of these Terms of Use. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [EMAIL OR CONTACT DETAILS].

7. WE DO NOT GUARANTEE THE ACCURACY OF THE INFORMATION ON THIS WEBSITE

The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Website. We will make reasonable efforts to include accurate and up-to-date information on the Website, but we cannot guarantee the accuracy of such information. To the maximum extent permitted by law, we exclude all warranties, express or implied, regarding the operation and use of the Website. You understand and agree that you use the Website at your own risk and that you are solely responsible for your use and for any damage to the device through which you access the Website, loss of data or any other harm of any kind which may result from downloading, accessing or using the Website.

8. INTELLECTUAL PROPERTY RIGHTS

[Shionogi, Shionogi Limited and its affiliates (“Shionogi Group”)]/[We] are the owner[s] or the licensee[s] of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may read, print, download and copy the material on this Website for your personal and non-commercial use, provided you acknowledge the Website as the source of the material and include the copyright statement “© Shionogi group of companies, all rights reserved”. Unless specifically indicated, no other use of the material is permitted.

You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of the Website in breach of these Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Nothing contained in this Website shall be construed as conferring any licence or right to any intellectual property.

All product names, whether or not appearing with the trademark symbol, are the registered or unregistered trademarks of [us, Shionogi Limited or our affiliates] or related companies. The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in violation of law and/or regulation. We have and will continue to actively enforce our intellectual property rights to the fullest extent of the law.

9. ACCEPTABLE USE

By using the Website you acknowledge that we are not responsible and will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website through your internet connection or to your downloading of any content on it, or on any website linked to it.

By using the Website you agree not to:

• use the Website (or any part of it) in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious codes, including viruses, or harmful data, into the Website or any operating system;
• use the Website in a way which could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
• collect or harvest any information or data from the Website or our systems or attempt to decipher any transmissions to or from the servers running any part of the Website;
• change or delete any ownership notices from materials downloaded or printed from the Website; or
• circumvent or modify any Website security technology or software, without our express written consent.

10. AVAILABILITY OF WEBSITE

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Website for business or operational reasons. We are not liable for any modification to, or suspension or interruption of the Website.

11. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

• We do not exclude or limit our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
• Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms & Conditions of Sale [INSERT AS LINK].

If you are a consumer:

• Please note that we only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
• If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

If you are a business user:

• We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.
• We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, the Website; or
  • use of or reliance on any content displayed on the Website.
• In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

12. INDEMNIFICATION

If you are a business user, you agree to indemnify, defend and hold harmless us, our officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of these Terms of Use.

13. LINKS TO THIRD PARTY WEBSITES

Where the Website contains links to other websites and resources provided by third parties, these links are provided for your information only. The inclusion of a third party link on our Website does not imply that we in any way endorse, recommend or approve of the content presented on such websites or resources. We have no control over the content of those websites or resources, and accepts no liability or responsibility for them or for any loss or damage that may arise from your use of them. When you leave the Website and access a third party website, your use of that third party's website will be subject to the applicable terms of use on that third party's website.

14. LINKING TO THIS WEBSITE

Third party websites may contain a link to our Website, but a link to our homepage must not be installed without our prior written consent. If consent is given, any link must be presented in such a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link from any website that is not owned by you. We reserve the right to withdraw linking permission without notice. We do not review, control, approve, nor are responsible for any content, advertising, products or other materials available or accessible via those sites.

15. PRIVACY

We respect the privacy of the Website users. Please refer to our Privacy Policy,which explains users' rights and responsibilities with respect to information that is disclosed on the Website.

Any information which is submitted to us by any user of the Website from outside of the EU shall remain subject to our Privacy Policy and Terms of Use. In respect of non-EU users of the Website, our obligations in relation to personal data shall only extend to compliance with its obligations under EU law and shall not extend to your local or national laws. Subject to our compliance with the Privacy Policy, all information submitted by users from outside the EU is submitted at the user's risk.

Subject to any applicable terms and conditions set forth in our Privacy Policy, and irrespective of whether you are inside or outside of the EU, any communication or other material that you send to us through the internet or post on the Website, such as any questions, comments, or suggestions, is and will be deemed to be non-confidential and we shall have no obligation of any kind with respect to such information. We shall be free to use any ideas, concepts, know-how or techniques contained in such communication for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products.

16. [UPLOADING CONTENT TO THE WEBSITE]

[Whenever you make use of a feature that allows you to upload content to the Website, or to make contact with other users of the Website, you must comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK].

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to the Website will be considered non-confidential and non-proprietary. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy [INSERT AS LINK].]

17. MISCELLANEOUS

If any provision of these Terms of Use are held to be unlawful, void or unenforceable, then such provision shall be deemed severable without affecting the enforceability of the remaining provisions.

We amend these Terms of Use from time to time. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time.

This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us at: [[email protected].]

18. GOVERNING LAW AND JURISDICTION

If you are a consumer, these Terms of Use and your use of the Website are governed by English law. Any claims arising from or related to a visit to our Website are subject to the exclusive jurisdiction of the English courts. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business user, these Terms of Use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.