Last Updated: 30 April 2021

Sciensus Rare (“SR”, “us” or “our”) Core Terms of Use (“Terms”) of our Sciensus Rare Axcess Portal

You ('you') should read these Terms carefully before using our Sciensus Rare Axcess Portal website (‘Portal’) and services (‘Services’) as they set out the basis on which we provide our Portal and Services to you. If you are unhappy with or do not agree with these Terms, then you should exit the Portal and contact us to discuss your objection and how we may assist you.

These Terms apply to all the users (including you) of our Portal. These Terms should be read in conjunction with the additional terms listed below.

By using the Portal, you are agreeing to these Terms, along with the following additional terms, which also apply and shall be incorporated into our contract with you:

Any reference to 'these Terms' shall include all these terms (as applicable). Words are defined where they first appear in these Terms and in the Definitions section (please see Section 17).

1. WHO WE ARE AND HOW TO CONTACT US

Who we are?

All services mentioned on this Portal are provided by Sciensus Rare*.

How to contact us.

To contact us, please email contact-rare@sciensus.com or telephone our customer service team on 00 800 500 600 30. For other options, please visit Get in touch.

We may contact you by telephone, email or by letter using the contact details provided by you when you registered at the Portal.

2. OUR SERVICES

What Services do we offer?

The Portal is an online ordering platform for Healthcare professionals (Clinicians/Pharmacists), Wholesalers and Retail Pharmacies to access medicines which SR are distributing within their country. For Pharmaceutical clients our Portal will provide an anonymised summary overview of your products supply.

As a Portal user you will be able to:

  • register for a SR account;
  • upload registration and/or regulatory documentation;
  • view products/prices available in your country appropriate to your account type;
  • download relevant product documentation such as Summary of Product Characteristics (SmPC), Patient Information Leaflet (PIL) etc;
  • view registration/order status and progress; and
  • view order history.

Our Portal is available to you if you are in the United Kingdom (i.e. England, Wales, Scotland and Northern Ireland), Germany, France, Italy, Spain, Portugal, Denmark, Belgium, Sweden, Austria, The Netherlands, Vatican City, Poland, Luxembourg, Iceland and Republic of Ireland.

Our Portal is available to you when you access it only on behalf of an organisation or in your professional capacity and you are authorised by your organisation to purchase medicine on its behalf. You must not access the Portal for your personal use and your permission to use the Portal shall cease on termination of your employment, but you may be entitled for re-registration to the Portal under your new employment. If you continue to use the Portal for your personal use or when not employed, we may terminate this contract and your Portal access with immediate effect.

3. USE OF THE SERVICES

To ensure you can use the Portal and Services in accordance with these Terms, you must:

  • provide full and accurate information as required;
  • comply with our Fair Usage Policy (see Schedule 1, below) at all times;
  • not use the Portal and/or the Services for any inappropriate purposes; and
  • follow instructions given to you on the Portal.

4.CONNECTIVITY

This secure service is very easy to use and works on most desktop personal computers, (PC’s), laptops, tablets and smart phones. There is no need to download or install any software or application onto these devices.

All you will require is access to the internet and a supported web browser, which includes any of the following latest version of:

  • Google Chrome; or
  • Microsoft Edge; or
  • Apple Safari.

5. USING THE PORTAL

Use requirements. In order to use the Portal and the Services you represent and warrant that you are over 18 and have capacity to accept and agree to these Terms.

Identification Checks / fraudulent Information. We may contact you to verify your identity and we may request further information from you. We reserve the right to not to allow you to enter the Portal if we believe the information you have supplied is not accurate and/or we believe someone is presenting as you and they are not. We may suspend, discontinue or deny you access to and use of the Portal service until we are satisfied it is you.

We may monitor use. We reserve the right to monitor your use of the Portal and/or Services and to disable any user access at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms or if we suspect any unauthorised use or misuse of the Portal and/or Services.

6. HOW WE MAY USE YOUR PERSONAL INFORMATION

For further information about how we use your personal information please see our Privacy Policy.

If you would like a copy of your personal information you can contact our Data Protection Officer at DPO@hah.co.uk.  If you want to know more about your rights, please review our Privacy Policy.

Information Resources (Opt-in). By registering and suppling your registration details you have confirmed your consent to receive the Portal Services.

7. WE MAY MAKE CHANGES TO THESE TERMS

We may amend these Terms from time to time. Every time you wish to use our Portal, please check these Terms to ensure you understand the Terms that apply at that time.

8. WE MAY MAKE CHANGES TO THE PORTAL AND/OR THE SERVICES

We may update and/or make changes to the Portal and/or the Services from time to time, for example, to reflect changes in your needs and/or our business priorities, security updates or any legal or regulatory changes.

9. WE MAY SUSPEND OR WITHDRAW THE PORTAL

We do not guarantee that the Portal, 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 the Portal for business and operational reasons, including (without limitation) for technical or security reasons.

We will try to give you reasonable notice of any suspension or withdrawal.

If we need to suspend access to the Portal at any time, we will notify you in advance (unless the suspension is due to unforeseen circumstances such as emergency maintenance).

We reserve the right to suspend or terminate your access to the Portal at any time, without notice and without us bearing any liability to you, if we reasonably believe you have breached any of these Terms. In such circumstances, we will notify you.

10. TEMPORARY USE LICENCE GRANTED

While you are logged into to the Portal Service, you are not able to use the Portal and the Services for your own personal, non-commercial use.

This is a limited licence and you may not sell, assign, sublicense, grant a security interest in or otherwise attempt to transfer any right in the Portal, create any works based on the Portal or commercially exploit the Portal or the Services in any way. This includes (but is not limited to) selling, reselling, reproducing, duplicating or copying the Portal and/or the Services and the use of any data mining, gathering or extraction tool. Any of these uses will result in your licence being terminated and you will no longer be authorised to use the Portal or the Services.

11. DISCLAIMERS

Content Disclaimers: Any information on our Portal or in any communications from us is for general informational purposes only and is not intended to amount to advice on which you should rely. Such information should not be relied upon as a substitute for seeking appropriate individual medical advice or services.

Although we make reasonable efforts to update the information on the Portal, we make no representations, warranties or guarantees, whether express or implied, that the content on the Portal is accurate, complete or up to date. We accept no responsibility for any consequences relating directly or indirectly to any action or inaction you take based upon such information.

General Disclaimers: We make no warranty that the Portal or the Services will meet your requirements or that the Services will be uninterrupted, 100% secure or error-free, or that defects, if any, will be corrected. We are not responsible for transmission errors or any corruption or compromise of data carried over local or interchange telecommunication carriers.

We will take all reasonable precautions to protect against failure of our equipment and software and will perform regular back-ups of all data stored. You acknowledge and accept that in the event restoration of data from backup is necessary, it may take several days to complete such restoration of data and resume operation of the Portal and/or the Services.

We do not guarantee that the Portal will be secure or free from bugs or viruses. You are responsible for configuring your Devices in order to access the Portal. You should use your own virus protection software.

WE MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT: THE SATISFACTION OF GOVERNMENT REGULATIONS REQUIRING DISCLOSURE OF INFORMATION ON PRESCRIPTION DRUG PRODUCTS; OR ANY TREATMENT, ACTION OR APPLICATION OR PREPARATION OF MEDICATION BASED ON INFORMATION OFFERED OR PROVIDED VIA THE PORTAL OR SERVICES.

We do not endorse the promotions, products or services of any third parties, nor do we warrant or validate the accuracy of any third-party advertisements, promotions, communications or other materials. We do not assume any responsibility or liability for the accuracy of information contained on any third-party web sites.

12. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability to compensate you for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, or for fraud or fraudulent misrepresentation.

Liability for damage to your Device or digital content. If defective digital content which we have supplied damages your 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. However, we will not be liable for damage which you could have avoided by following our advice to apply an update offered to you free of charge or for damage which was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

No liability for inability to use the Portal / reliance on any content. Subject to 'We do not exclude or limit in any way our liability to you where it would be unlawful to do so' 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 in connection with:

  • inability to use the Portal; or
  • use of or reliance on any content displayed on the Portal.

We are not liable for business losses. If you use the Services for any commercial, business or re-sale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

13. CIRCUMSTANCES OUTSIDE OUR CONTROL

We shall not be responsible if the supply of the Services is delayed or prevented by circumstances outside our reasonable control. If this happens, we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay or failure.

14. TERMINATION OF OUR PORTAL CONTRACT WITH YOU AND CONSEQUENCES

Our right to terminate. By using the Portal and engaging with the Service we have entered a contract, terminating your right to use the Portal or the Services is possible if:

  • you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the Portal Services, for example valid contact details;
  • you seriously (as determined by us) or repeatedly breach any of these Terms or our Fair Usage Policy (see Schedule 1, below).

We may withdraw from the Portal Services. We may write to you to let you know that we are going to stop providing the Portal Services. We will try to let you know in advance of our stopping the supply of the Services.

We will advise you of any termination or suspension via the contact email.

Your right to terminate. You may cease using the Portal at any time by contacting us at 00 800 500 600 30 or via email contact-rare@sciensus.com.

15. INTELLECTUAL PROPERTY

The “Healthcare at Home”, the “Sciensus” wordmark and logo are registered trademarks used with permission of the owner.  We are the owner or the licensee of all other intellectual property rights in the Portal, and in the material published on it. These works are protected by copyright laws and treaties around the world. All such rights are reserved.

16. OTHER IMPORTANT TERMS

Nobody else has any rights under these Terms. No other person shall have any rights to enforce any of these Terms apart from SR.

If a court finds part of these Terms illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these Terms, we can still enforce them later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaching these Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to these Terms and where you may bring legal proceedings. These Terms are governed by English law and you can bring legal proceedings in respect of the Portal and/or the Services in the English courts. If you live in Scotland, you may alternatively bring legal proceedings in Scotland. If you live in Northern Ireland, you may alternatively bring legal proceedings in Northern Ireland.

17. DEFINITIONS

The following defined terms apply to these Terms.

Device means the computer, laptop, smartphone or tablet computer that you use to connect to the Portal.

Services has the meaning set out in clause 2 and as further described in the Portal.

*Sciensus Rare is part of the Healthcare at Home Group of companies. The Portal is operated by Healthcare at Home Ltd a company registered in England & Wales (company number 027559609)  for itself and on behalf of Sciensus International B.V. a company registered in the Netherlands (company number 34363537).

Healthcare at Home Group Companies: If you are outside the UK, Sciensus International B.V. is the contracting entity when you register on the Sciensus Rare Axcess Portal. If you are in the UK, Healthcare at Home Ltd (a company registered in England and Wales with Company registration number 02759609) is the contracting entity when you register on the Sciensus Rare Axcess Portal.  When processing your registration which contains personal data Healthcare at Home Ltd and Sciensus International B.V. act as Data Controllers in common.  Healthcare at Home Ltd is registered with the UK Supervisory Authority (Information Commissioner’s Office), registration number Z6896758. Also, Sciensus GmbH acts as a processor when processing your registration which contains personal data.

Sciensus International B.V.  is regulated by Ministerie van Volksgezondheid, Welzijn en Sport (The Dutch Ministry of Health, Welfare and Sport). SR operates under the following Wholesaler Licences: (1) Netherlands: NL WDA – 15224G; (2) UK: UK WDA – WDA (H) 15956.

SCHEDULE 1

Fair Usage Policy

Our Fair Usage Policy is designed to prevent fraud and misuse of the Portal and our Services.

Unlawful, prohibited or unusual activities (non-exhaustive list)

You are not permitted to (or permit anyone else to):

  1. use the Portal or Services in any unlawful or fraudulent way and/or for any unlawful, fraudulent or inappropriate purpose;
  2. use the Portal or the Services for the purpose of harming or attempting to harm minors in any way;
  3. post or transmit a message (written, verbal or via video) under a false name or use our network resources to impersonate another person or misrepresent authorisation to act on behalf of others (including but not limited to Clinicians) or SR. All messages transmitted via the Portal should correctly identify the sender and you may not attempt to alter the origin of email messages or postings;
  4. allow another person or entity to use your personal sign on information;
  5. attempt to undermine the security or integrity of computing systems or networks of SR, the Portal or any sites or webpages accessed through or via the Portal, and you must not attempt to gain unauthorised access;
  6. harvest or collect data about any other individual who uses the Portal;
  7. post or transmit any data, materials, content or information which is threatening, false, misleading, abusive, defamatory, derogatory, pornographic or profane, or that contains or promotes any virus, worm, trojan horse, time bomb or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate or otherwise interrupt or expropriate the Portal and/or the Services;
  8. tamper, hack, spoof, copy, modify or otherwise corrupt or attempt to gain unauthorised access to the administration, security or proper function of the Portal and/or the Services, or the server on which the  Portal or related materials are stored or any server, computer or database connected to the Portal. You will not use robots or scripts with the Portal;
  9. attempt to reverse engineer, reverse assemble, reverse compile, decompile, disassemble, translate or otherwise alter, defraud or create false results from any executable code or information on or received by the Portal. You agree to have anti-virus and/or anti-spyware software running that is set to override your Internet browser's cookie setting;
  10. upload or provide any information to the Portal or any Clinician in breach of any third party's intellectual property rights and/or any obligation of confidentiality or contractual duty owed to any third party; or
  11. reproduce, duplicate, copy or sell any part of the Portal in contravention of the provisions of our Terms.

Breach of this Fair Usage Policy

When we consider that a breach of this Fair Usage Policy has occurred, we may take such action as we deem appropriate.

Failure to comply with this Fair Usage Policy constitutes a material breach of our Terms upon which you are permitted to use our Portal, and may result in our taking all or any of the following actions (at our sole discretion):

· deletion of any information provided by you that we deem in our sole discretion to be fraudulent, abusive, defamatory, obscene or in violation of any third-party intellectual property right;

· suspension or termination of your contract for the Services. Where we consider it reasonable and at our complete discretion, we may provide you with a notice of improper behaviour before suspending, terminating or offering alternative Services, as we deem appropriate;

· issue of a warning to you;

· legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

· further legal action against you;

· disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

We exclude our liability for all action we may take in response to breaches of this Fair Usage Policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.