1. Introduction
1.1 The following terms and conditions (“Terms of Use”) apply to your access to and use of the website at www.xtandiandme.com operated by Astellas Pharma Ltd whose registered office address is 300 Dashwood Lang Road, Bourne Business Park, Addlestone, United Kingdom, KT15 2NX (hereinafter “Astellas”, “we”, “our” or “us”) (the “Website”). Use of our Website includes accessing and browsing.
1.2 These Terms of Use should be read alongside, and apply in addition to our Privacy Policy. Please read these Terms of Use and our Privacy Policy carefully and save and/or print a copy for your future reference, as they will both apply to your use of our Website.
1.3 By using the Website, you are confirming that you have read, understood and accept these Terms of Use and the Privacy Policy and will comply with them. If you do not agree to or cannot comply with these Terms of Use or the Privacy Policy then you must stop using the Website immediately.
2. Changes to these Terms of Use
2.1 Astellas may change these Terms of Use by amending this page and by continuing to use the Website you agree that you accept the changes. Please check this page from time to time to take notice of any updates.
3. Changes to our Website
3.1 We may update our Website from time to time and we may change the content available to visitors of the Website. However, we are under no obligation to update the Website and do not guarantee that the Website and its contents are up to date.
3.2 We do not guarantee that our site, or any content available on it, will be free from errors or omissions.
3.3 If you have any questions about our Website, these Terms of Use or wish to contact us for any other reason, please do so via www.astellas.com/uk/contact-us.
4. Accessing our Website
4.1 The Website is made available to you free of charge.
4.2 We do not guarantee that our Website, or any content on it, will always be available or your access to it will be uninterrupted. Access is granted on a temporary basis and we may suspend, withdraw, discontinue or change all and any part of the Website without notice for any reason. We will not be liable to you if for any reason our Website is unavailable at any time or for any period.
4.3 This Website is intended to be used exclusively by Prostate Cancer patients, their family members and caregivers, resident in the United Kingdom, who are being treated with Xtandi (enzalutamide). If you are not such a patient, then the contents of this Website should be considered strictly confidential and you are not permitted to access this Website, or any of its contents, by any means.
4.4 We do not represent that content available on or through our Website is appropriate to, or available in, other locations. We may limit the availability of our site to any person or geographic area at any time. If you choose to access our site from outside of Europe you do so at your own risk.
5. Your use of the Website
5.1 When you use our Website, you agree not to:
- (a) use the Website for any purpose that is unlawful, improper or illegal;
- (b) use the Website in a way which infringes the rights of anyone else or restricts or inhibits anyone else’s use and enjoyment of the Website;
- (c) disassemble, reverse engineer or otherwise decompile any software, applications, updates or hardware available through the Website; or
- (d) use the Website in any other way that is forbidden by these Terms of Use.
5.2 You accept that it is your responsibility to ensure that you have in place antivirus, firewall and other appropriate security software when browsing the Internet and accessing this Website and for maintaining the security of any passwords/usernames in respect of any user accounts relating to the Website (if applicable). Astellas cannot accept liability for your failure to take reasonable precautions when browsing the Internet and our Website.
5.3 You must not misuse our Website by knowingly introducing viruses, Trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorized access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you may be committing a criminal offence and we will report any such offence to the relevant law enforcement agencies and will co-operate with those agencies by disclosing your identity to them. If you breach this term, your right to use our Website will cease immediately.
5.4 The content of our Website is provided for general information purposes only and 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 of our Website. Information concerning any product is not intended to provide, or substitute, medical advice. This Website is in no way intended to offer medical diagnosis or patient-specific treatment advice.
5.5 Although we make reasonable efforts to update the information available on our Website, we make no guarantees, representations or warranties that the content is accurate, complete or up-to-date, nor that the Website does not infringe the rights of any third party. We accept no responsibility or liability for your use of content on the Website and your use is entirely at your own risk.
6. Intellectual property rights
6.1 We are the owner or licensee of all intellectual property rights in our Website and in the material published on it. Intellectual property includes text, images, sound and video clips and other works published on the Website. Those works are protected by copyright laws and treaties around the world and all such rights are reserved.
6.2 If you comply with these Terms of Use, you may view, download, print and use content from the Website provided that:
- (a) our status as authors of the content is always acknowledged;
- (b) you do not use the content for commercial purposes;
- (c) you do not modify the Website content in any way; and
- (d) you do not modify the content and you use all Website illustrations and other visual content in conjunction with their accompanying text.
6.3 You must not use the Website content in any way that is inconsistent with these Terms of Use unless you have our prior written consent. If you print off, copy or download any part of our Website in breach of these Terms of Use your right to use the Website will cease and you must, at our option, return all copies of the materials you have made.
7. Limitation of our liability
7.1 Nothing in these Terms of Use limits or excludes:
- (i) our liability for personal injury or death caused by our negligence, fraud or fraudulent misrepresentation;
- (ii) your rights under consumer laws; or
- (iii) any other liability that cannot be limited or excluded under England and Wales law.
7.2 To the extent permitted by law, we expressly exclude all representations, warranties, conditions or other terms which may apply to our Website or any content on it, whether express or implied.
7.3 We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if the loss or damage was foreseeable, that occurs as a result of or in connection with:
- (a) use of, or inability to use, our Website; or
- (b) use or reliance on any content displayed or available on our Website.
7.4 Please note that we only provide the Website for domestic and private use. You agree not to use our 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. We 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 our Website or to your downloading of any content on it or any other website linked to it.
7.5 Information transmitted via this Website will pass over public telecommunications networks. We do not promise that the Website will be available or that the operation of this Website will be uninterrupted or error free and assume no liability for this.
8. Links to third party websites
8.1 This Website may contain links to third party websites. We do not vet, endorse or otherwise approve the content of any third party websites and your use of such websites is entirely at your own risk and we have no control over the content of any third party websites.
8.2 We do not accept responsibility or liability for the availability or content of any such third party websites, nor liability for any damage or harm that you may suffer from visiting and/or using them.
9. Other important terms
9.1 Astellas may discontinue the Website or terminate certain features and functionalities of the Website immediately at any time in its sole discretion.
9.2 If any of these Terms of Use are found to be illegal, invalid or unenforceable by any court of competent jurisdiction, the rest of these Terms of Use shall remain in full force and effect.
9.3 Any failure by Astellas to exercise or enforce any right or provision in these Terms of Use will not constitute a waiver of such right or provision.
9.4 Except as expressly stated in these Terms of Use nothing in these Terms of Use is intended to confer any rights, remedies or benefits upon any person other than you and Astellas.
9.5 These Terms of Use set out the entire agreement between you and us and supersede any and all prior terms, conditions, warranties and/or representations to the fullest extent permitted by law.
9.6 Astellas may suspend your access to the Website for violation of these Terms of Use. In addition, either you or we may terminate our agreement under these Terms of Use at any time by writing to the other party. If this agreement is terminated you must immediately stop using our Website.
9.7 Please note that these Terms of Use, their subject matter and formation are governed by the laws of England and Wales. Both you and we agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, or if you are a resident of Scotland you may bring proceedings in Scotland.
9.8 These Terms of Use and Privacy Policy are available in the English language only.
MAT-UK-XTD-2022-00118 - Date of Preparation: Dec 2022