CIPLA DNA ACADEMY WEBSITE TERMS AND CONDITIONS

1. INTRODUCTION
   • This Cipla DNA Academy website can be accessed at https://cipladnaacademy.co.za/ (the “Website”) and provides information in respect of certain Cipla products, events and educational training.
   • The Website is owned and operated by Cipla Medpro South Africa (Pty) Limited (“Cipla”, “we”, “us” and “our”), a company registered in Republic of South Africa, with registration number 2002/018027/07, with its principal place of business at Building 9, Parc du Cap Office Park, Mispel Street, Bellville, Cape Town, 7530.
   • The Website terms and conditions (“Terms and Conditions”) govern the use of the Website.
   • These Terms and Conditions are binding and enforceable against every person that accesses or uses this Website (hereinafter referred to as “you” or “your” or “user”). By using the Website, you acknowledge that you have read and agree to be bound by these Terms and Conditions and the Privacy Policy which shall be deemed incorporated as part of this Website Terms and Conditions. Please do not use the Website if you do not agree to be bound by these Terms and Conditions.
   • Any questions that you may have regarding these Terms and Conditions and/or our Website, should be directed to academy@cipla.co.za.

2. WEBSITE PURPOSE AND USE
   • This Website contains Cipla product information relating to scheduled medicines and such information is provided exclusively for healthcare professionals who are registered with the relevant regulatory authority. By accessing such information, you warrant that you are appropriately registered with the relevant regulatory bodies and that you are a qualified healthcare professional in accordance with applicable law.
   • Cipla grants you permission to use the Website, provided that: (i) your use of the Website is solely for your personal and educational use; (ii) you shall not copy or distribute any part of the Website, in any medium, without Cipla’s prior written consent; (iii) you do not alter or modify any part of the Website and (iv) you comply with all applicable laws and the Terms and Conditions while using the Website.
   • You agree not to use or launch any automated system, including robots, spiders, or similar technological devices or programs in order to access the Website.
   • You agree not to collect or use any personally identifiable information (“Personal Information”) from the Website, including account names and email addresses, nor use the communication systems provided by the Website for any commercial solicitation purposes.
   • You may not, except with Cipla’s prior written authorization, use the Website to:
     • engage in commercial activities, except where specifically permitted;
     • harm any person;
     • solicit Personal Information;
     • provide false information;
     • delete, add or otherwise change other people’s entries or other Content (as defined below) when you have not been granted the privileges to do so;
     • allow usage by others in such a way as to violate the Terms and Conditions; or
     • use another user’s account without that user’s permission.
   • You agree not to circumvent, disable or otherwise interfere with the security related features of the Website or features that prevent or restrict the use or copying of any Content.  

3. REGISTRATION
   • Only registered users shall gain access to the Website.
   • When registering, you will be required to choose a username and a password. Please keep your password private.
   • You will be required to enter your username and password each time you visit the Website. In order to amend any registration particulars, you can do so using the “Edit” option available in your profile.
   • You agree and warrant that your username and password shall:
     • be used for the permitted use only; and
     • not be disclosed by you to any third party.
   • You are solely responsible and liable for the activity that occurs on your account, and you must keep your account password secure. You agree to immediately notify Cipla, in writing, upon becoming aware of or reasonably suspecting any unauthorised access to or use of your username and password and to take steps to mitigate any resultant loss or harm. You indemnify Cipla against any loss or damage arising from your failure to comply with this clause 3.5.
   • If Cipla suspects that your information is not complete, current, or accurate, or that you have otherwise violated these Terms and Conditions, your account may be subject to suspension or termination at Cipla’s election, and you may be barred from using the Website.

4. PROTECTION OF PERSONAL INFORMATION
   • Your privacy is important to us and we will therefore make reasonable efforts to ensure that any Personal Information that you upload on our Website will be stored on a secure server.
   • Our secure server encrypts your Personal Information in order to minimise the risk of unauthorised disclosure or interception.
   • We will not use your Personal Information for any commercial purpose nor shall we disclose, sell or rent your Personal Information to third parties without your consent unless we are legally compelled to do so.
   • Please see our Privacy Policy, which forms part of these Terms and Conditions, for further information regarding Cipla’s treatment of user’s Personal Information. 

5. THIRD PARTY WEBSITE

The Website may contain links to third party websites that are not owned or controlled by Cipla. Cipla has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. You release Cipla from all liability arising from your use of any third-party website.

6. INTELLECTUAL PROPERTY RIGHTS
   • The content on the Website, including product names and information, training material, text, graphics, and photos, interactive features (“Content”) and the trademarks, service marks, logos and other intellectual property, whether registered or unregistered, contained therein, are owned by or licensed to Cipla, and shall remain the sole property of Cipla. The Content may not, in whole or in part, be used for any purpose without the prior written permission of Cipla.
   • The Content is provided to you AS IS for your information and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose without the prior written consent of Cipla or as provided for herein.

7. TERMINATION OF USE

Cipla shall have the right to immediately disable your Cipla DNA Academy account and terminate your access to the Website at any time in its discretion, without notice to you and with no liability to you or any third party.

8. INDEMNITY AND LIMITATION OF LIABILITY
   • You agree to defend, indemnify and hold harmless Cipla, its affiliates and their respective directors, officers, employees and third party partners from and against all claims, damages, losses, liabilities, costs and expenses (including attorney’s fees) arising from:

• your use of and access to the Website and/or any linked third party website; and
• your violation of the Terms and Conditions.
  • To the extent permitted by applicable law, Cipla shall not be liable to you for any losses, damages, claims, liabilities, costs and expenses, howsoever arising.

9. WARRANTY DISCLAIMER
   • Cipla disclaims all warranties, express and implied, in connection with the Website and your use thereof. Cipla makes no warranties or representations about the accuracy or completeness of the Website’s Content or the content of any sites linked to the Website. In no event shall Cipla or any of its affiliates and their respective directors, employees or third party partners, be liable to you for any losses, damages, claims, liabilities, costs and expenses, howsoever arising resulting from:

• any errors, mistakes, or inaccuracies of the Content;
• your access to and use of the Website;
• any unauthorized access to or use of the Website and/or Personal Information stored therein;
• any interruption of transmission to or from the Website; or
• any bugs, viruses, trojan horses, or the like, which may be transmitted to or through the Website.
  • You agree that the use of this Website is entirely at your own risk.
  • The Website is controlled and offered by Cipla from its facilities in Cape Town, South Africa. Cipla makes no representations that the Website is appropriate or available for use in other jurisdictions. Those who access or use the Website from other jurisdictions do so at their own risk and are responsible for compliance with applicable local laws.
  • Cipla does not warrant that the use of the Website will be uninterrupted or error free, or that the Website or Website servers are free from viruses or other harmful components.

10. MODIFICATIONS TO THE WEBSITE

Cipla reserves the right from time to time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice to you. Cipla shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website.

11. GOVERNING LAW AND DISPUTES

The Terms and Conditions and/or any dispute arising from these Terms and Conditions shall be governed by the laws of the Republic of South Africa and the courts at Cape Town, South Africa shall have exclusive jurisdiction.

12. GENERAL
    • Severability: If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of the Terms and Conditions, which shall remain in full force and effect.
    • Waiver: Cipla’s failure to exercise any right under these Terms and Conditions shall not be deemed to be a waiver of such right nor operate to bar the exercise or enforcement of it at any time thereafter.
    • Amendments: Cipla reserves the right to amend the Terms and Conditions at any time without prior notice to you, which shall take effect upon posting to the Website. It is your responsibility to review the Terms and Conditions for any changes. Your use of the Website following any amendment of the Terms and Conditions shall signify your acceptance of the revised terms.

You acknowledge that Cipla is not providing access to the website with any intention to improperly induce, influence or reward past, present or future prescribing, ordering, supply, purchasing, recommending, use, administration, sale or lease of any Cipla Product or Service.