Terms and Conditions
The terms and conditions set forth herein (the “TERMS AND CONDITIONS”) regulate the access, navigation, and use of the web site https://notts.cl/ (hereinafter, “THE WEBSITE”) of Vivunt Pharma Chile Limitada (“VIVUNT”), which is directed exclusively at residents of Chile. The other websites of VIVUNT and its subsidiaries have their own terms of use, and are not governed by these TERMS AND CONDITIONS.
VIVUNT requests you to read these TERMS AND CONDITIONS as soon as you access THE WEBSITE.
- Acceptance of the Terms and Conditions
The access and/or visit of THIS WEBSITE expresses the knowledge and full and unreserved adherence of the visitor (the “VISITOR” or “VISITORS” indistinctly), to each and every one of the TERMS AND CONDITIONS in the version published on this page from the moment the VISITOR accesses THIS WEBSITE. Consequently, these TERMS AND CONDITIONS apply, without exception, to all VISITORS of THIS WEBSITE from the first moment they access any of the pages that comprise it.
If you do not fully accept these TERMS AND CONDITIONS, VIVUNT requests you not to proceed with the access and visit of THIS WEBSITE since, by doing so, it shall be understood that you have fully accepted these TERMS AND CONDITIONS.
- Modification of the Terms and Conditions
The TERMS AND CONDITIONS may be modified in whole or in part only by VIVUNT and such changes and implementations shall be valid as from the moment that they are published or uploaded in THIS WEBSITE. The continued use of or access to THE WEBSITE following any changes to these TERMS AND CONDITIONS constitutes acceptance of those changes. Therefore, we suggest that each time you decide to enter THIS WEBSITE, visit these TERMS AND CONDITIONS and check that they have not been modified.
- The Web Site
THIS WEBSITE belongs totally, solely and exclusively to VIVUNT and its purpose is to provide information on NOTTS products and some pain treatment tips.
- Content of the Web Site
All the information included in THIS WEBSITE is a summary form and shall never be considered as complete or exhaustive on any of the topics covered. Consequently, it is not intended, nor should it be used, to replace a visit, call, consultation or medical advice.
All the contents, being understood by such, among others, the texts -including all the reports, articles, data, comments, dissertations, exhibitions, notes and reproductions-, graphics, logos, icons, images, files of any type and software, published on THIS WEBSITE (henceforth, the “CONTENTS”) shall only be used as a source of information. Any other activity, including the reproduction, modification, assignment, public communication, distribution and/or transmission, total or partial, without prior authorization of VIVUNT is strictly forbidden by law. If you want to use material of THIS WEBSITE in a way other than that of accessing to content through the use of a web browser, you must request the related authorization from VIVUNT by sending a message to the following email address: comunicaciones@vivunt.cl.
VIVUNT reserves the right to unilaterally modify, at any time and without prior notice, the content, presentation and configuration of THIS WEBSITE, as well as the conditions required to access and/or visit thereof.
- Purpose of the Content
All the information included in THIS WEBSITE is merely informative. In no case shall such information be considered professional medical advice by VIVUNT and/or THIS WEBSITE and/or of those who eventually sign reports, articles, comments, dissertations, exhibitions, articles, etc. that are published on THIS WEBSITE.
It is expressly stated that neither VIVUNT nor THIS WEBSITE, nor those who eventually sign reports, articles, comments, dissertations, exhibitions, articles, etc. to be published on THIS WEBSITE are intended to replace or in any way substitute for a visit to a doctor, nor do they provide, through THIS WEBSITE, any kind of advice, neither of diagnosis nor of medical treatment, nor of collaboration of medicine, nor of practice of medicine, but simply provide information on NOTTS products.
The information that VISITORS may obtain through this WEBSITE is merely informative and shall not contemplate, nor intend to contemplate, all illnesses, symptoms, discomforts, physical or psychological conditions related to health. VISITORS shall not use the information contained in THIS WEBSITE to diagnose or perform the analysis, diagnosis or treatment of a disease or health problem without first consulting a qualified doctor. The information provided on THIS WEBSITE shall never replace the advice, diagnosis, indication or professional advice of a qualified doctor. Please consult your doctor if you have any questions or concerns regarding your condition and/or health condition. THIS WEBSITE does not offer advice for medical treatment or recommend any doctor or product for that purpose. Such requests, if made, shall not be answered.
VIVUNT discourages self-medication in all its forms, as well as the self-management of health problems. Therefore, VIVUNT always advises to consult a qualified doctor.
- Access and Visiting Conditions
The information provided by VIVUNT through THIS WEBSITE, is free for VISITORS and does not require its prior subscription or registration.
- Conditions of Use
- Obligation to make correct use of THE WEBSITE
VISITORS agree to use the WEBSITE in accordance with law, with the provisions of these TERMS AND CONDITIONS, the morals and generally accepted good customs and public order, and undertake to refrain from using the WEBSITE for illegal purposes or effects, contrary to the provisions of these TERMS AND CONDITIONS, harmful to the rights and interests of third parties, or that in any way may damage, disable, overload or deteriorate THIS WEBSITE or prevent its normal visit by VISITORS, all of the above under penalty of indemnifying VIVUNT for damages caused.
- Minors under the age of 18
THE WEBSITE may contain product information for persons under 18 years of age. In this sense, VIVUNT recommends parents, guardians and/or individuals in charge of those under 18 years of age to supervise minors who access THIS WEBSITE and to actively and carefully participate in all the activities carried out by said minors.
- Means to get CONTENTS
THE VISITOR shall refrain from getting any kind of CONTENT accessible through THIS WEBSITE using means or procedures other than those that have been made available to them or have been indicated for that purpose in the web pages where they are included or, in general, those that are usually used on the Internet for that purpose provided that they do not entail a risk of damage or disablement of THIS WEBSITE, and/or of the CONTENTS, and/or allow unfulfillment of these TERMS AND CONDITIONS.
- Correct use of CONTENTS
THE VISITOR undertakes to use the CONTENTS in a diligent, correct and lawful manner and, in particular, agrees to: (1) not to use the CONTENTS in a manner, for purposes or effects contrary to law, morals and good customs generally accepted, to public order, to these TERMS AND CONDITIONS; (2) not to reproduce or copy, distribute, allow public access through any form of public communication, transform or modify the CONTENTS, unless VIVUNT and/or the holder of the related rights has given authorization to do so, or that is legally permitted; (3) not to suppress, evade or manipulate or violate, by any means, the intellectual and/or industrial rights and other data identifying the rights of VIVUNT or of its holders included in the CONTENTS, as well as the technical protection devices that may contain the CONTENTS; (4) not to use the CONTENTS and, in particular, the information of any kind of obtained through THIS WEBSITE to send advertising, communications for the purpose of direct sale or with any other kind of commercial purpose, unsolicited messages addressed to a plurality of individuals regardless of their purpose, as well as marketing or disclosing this information in any other way.
- Hyperlinks of this Website
THE VISITOR and, in general, those who intend to establish a hyperlink between their web page and any of the web pages of THIS WEBSITE (hereinafter referred to as the “HYPERLINK”) must meet the following conditions: (1) the HYPERLINK shall only allow access to THE WEBSITE, and not reproduce its CONTENTS; (2) Only HYPERLINKS with respect to the main page of THIS WEBSITE shall be allowed, unless prior expressed and written authorization by VIVUNT in relation to other pages of THIS WEBSITE; (3) no browser, frame or border environment shall be created on the WEBSITE web pages; (4) no false, inaccurate or incorrect statements or indications will be made on the web pages of THIS WEBSITE and, in particular, it shall not be declared or implied that VIVUNT has authorized the HYPERLINK or has supervised or assumed in any way the contents or services offered or made available in the web page in which the HYPERLINK is established; (5) Except for those signs that are part of the same HYPERLINK, the website where the HYPERLINK is established shall not contain any brand, commercial name, site label, denomination, logo, slogan or other distinctive signs belonging to VIVUNT; (6) the website where the Hyperlink is established shall not contain information or illegal content, contrary to morals and generally accepted good practices and public order, or content that violates any third party´s rights. The creation of the Hyperlink shall not imply in any case the existence of relations between VIVUNT and/or the WEBSITE and the owner of the web page in which it is established, nor the acceptance and approval by VIVUNT and/or the WEBSITE of the content or services offered and/or made available therein.
- Intellectual Property
CONTENTS of THIS WEBSITE are the exclusive property of VIVUNT and/or third parties that have transferred their copyrights and/or authorized its publishing and/or use in THIS WEBSITE and are protected by Intellectual Property laws. The improvements and/or modifications of the CONTENTS published on THIS WEBSITE are the exclusive property of VIVUNT. The CONTENTS are offered primarily for the information of the VISITORS and shall be used for the purposes for which they were created and made available.
The VISITOR may not use the information contained in THE WEB SITE without the prior written consent of VIVUNT, and agrees not to perform any act that may damage the Intellectual Property rights of VIVUNT in Chile, as well as in the rest of the world.
The publishing of CONTENTS generated by third parties is and shall be duly attributed to those who claim to be their authors, who shall be solely responsible for their content. The opinions expressed and/or the CONTENTS generated by third parties on THIS WEBSITE are the sole responsibility of their authors and do not necessarily reflect the opinion of VIVUNT nor of THIS WEBSITE.
- Exclusion of Guarantees and Liabilities
- General Limitation of Liability
THE VISITOR is aware of, and voluntarily accepts, that the access, visit and use of THIS WEBSITE, and of any of its sectors and CONTENTS, takes place, in any case, under its sole and exclusive responsibility.
All the CONTENT published in the WEBSITE, referred to prescribed medicinal products, as well as over-the-counter medicinal products, has a unique and exclusively informative purpose, which cannot be taken as final or specific advice.
In this sense, before using the medicinal products published in THE WEB SITE, it is recommended to consult a medical professional. Again, it is remarked that VIVUNT discourages self-medication in all its forms, as well as self-administration of health problems, and shall not be liable in any way or to any extent for any kind of damage, direct or indirect, mediate, immediate, consequential, etc., derived from access to the information contained on THE WEBSITE or in any Website connected to THE WEBSITE.
VIVUNT, the authors of the information contained on THE WEBSITE and/or any other person or institution that is or has been involved in its preparation, dissemination and/or is involved in any other way with it, reserve the right to update, delete and/or in any way modify at any time the CONTENT, in whole or in part, without prior notice and without liability.
- Liability for damages
VIVUNT is not liable for damages of any kind that VISITORS may suffer due to access and/or visit to the CONTENTS published on THIS WEBSITE or on another Website that contains HYPERLINKS to THIS WEBSITE. Neither shall VIVUNT be liable for damages caused as a result of self-medication and/or consumption of its products without prior consultation with a medical professional. In this sense, the VISITOR is responsible for the use he/she makes of the information provided on THE WEBSITE.
Additionally, THE VISITOR shall be liable for all damages that VIVUNT and/or THE WEBSITE may suffer as a result of the unfulfillment of the obligations under these TERMS AND CONDITIONS. THE VISITOR agrees to indemnify and hold harmless VIVUNT and/or any of its dependents, licensors, suppliers and licensees, of and against all loss, expense, damage and costs arising from any violation of applicable laws and regulations and of these TERMS AND CONDITIONS, when such violation is carried out, by act or omission, by THE VISITOR or by any person accessing THIS WEBSITE, using the account and/or technical devices belonging to THE VISITOR.
VIVUNT does not guarantee the availability and/or continuity of the operation of THE WEBSITE. VIVUNT excludes all liabilities for damages of any nature that may occur due to lack of availability or continuity of the operation of THE WEBSITE and/or its CONTENTS.
VIVUNT does not guarantee that the WEBSITE and/or its CONTENTS are useful for the performance of any particular activity. As stated in previous sections, the purpose of the CONTENT published on THE WEB SITE is purely informative and not promotional. VIVUNT excludes all liability for damages of any kind that may be due to the loss of usefulness that VISITORS may have attributed to THE WEBSITE and/or any of its CONTENT.
- Exclusion of guarantees and liability for the CONTENTS
The information provided on THIS WEBSITE does not constitute an offer, advice, counselling, suggestion, diagnosis, nor a request for the purchase, disposal, marketing or any transaction of any product, action or value of VIVUNT.
VIVUNT controls previously the CONTENTS that are published, but does not guarantee the absence of digital viruses that can be propagated through the internet, nor the absence of other elements that may produce alterations in the computer system (software and hardware) or in the electronic documents and files stored in the computer system of VISITORS. VIVUNT excludes all liability for damages of any kind that may occur due to the presence of viruses or other harmful elements in the CONTENTS of THE WEBSITE.
VIVUNT excludes all liability for damages of any kind that could occur due to the transmission, disclosing, storage, availability, reception, obtaining or access to the CONTENTS.
- Exclusion of guarantees and responsibility for the services and CONTENTS outside the WEBSITE
THIS WEBSITE makes available to the VISITORS technical linking devices (such as, among others, hyperlinks and banners), directories and search tools that allow access to websites belonging to third parties (hereinafter, “LINKED WEBSITES”). The installation of these links, directories and search tools has the sole purpose of informing about the existence of other sources of information on the subject, but in no way implies the existence of any kind of suggestion, invitation or recommendation to visit said websites or any kind of link or association between VIVUNT and/or THIS WEBSITE and the operators of the LINKED WEBSITES.
VIVUNT does not previously control, approve or make of its own the services, information, data, files, products and/or any kind of existing material in the LINKED WEBSITES. Therefore, prudence in the valuation and use of them must be maximized.
For the avoidance of doubt, these TERMS AND CONDITIONS cease to apply from the moment THE VISITOR accesses these LINKED WEB SITES.
VIVUNT does not guarantee or assume any type of liability for damages of any kind that may be caused due to (1) the functioning, availability, accessibility or continuity of the LINKED WEBSITES; (2) the maintenance of services, information, data, files, products and any kind of material existing in the LINKED WEBSITES; (3) the provision or transmission of services, information, data, files, products and any kind of material existing in the LINKED WEBSITES; (4) the quality, legality, reliability and use of the services, information, data, files, products and any kind of material existing in the LINKED WEBSITES.
VIVUNT is not liable and shall not be held liable for any damages, whether current or potential, material or moral, direct or indirect, suffered by VISITORS and derived from the relationship that they establish with third parties whose services have been published on THIS WEBSITE.
- Procedure in case of violation of intellectual property rights and/or copyrights.
In the event that VISITORS or a third party consider that any of the CONTENTS have been uploaded to THIS WEBSITE in violation of their intellectual property rights, they must notify VIVUNT, and this notification must be sent to the following email address: comunicaciones@vivunt.cl, including the following information: (1) data of the claimant; (2) data of the owner of the intellectual property rights allegedly infringed; (3) accurate and complete identification of the CONTENTS which the claimant believes to have infringed the intellectual property rights, as well as their location in THIS WEBSITE.
- Applicable Legislation and Jurisdiction
THIS WEBSITE is operated and controlled by VIVUNT, domiciled at Santa Lucia N° 330, Second Floor, Santiago, Chile. Any interpretation and/or conflict related to all or part of the TERMS AND CONDITIONS set forth herein, or to VIVUNT’s compliance with them, shall be settled by the judicial courts of said jurisdiction. Furthermore, for the purposes set forth above, the laws of Chile shall be exclusively applicable, with the exclusion of any rule of its international law system and/or any other rule that refers to the application of any foreign law.
Should any clause of these TERMS AND CONDITIONS be or become invalid or unenforceable, this shall not affect the validity of the remaining clauses.
- Complementary Application of the Privacy Policies
These TERMS AND CONDITIONS shall apply jointly and complementary with the Privacy Policy – VIVUNT of THE WEBSITE, and shall apply from the first time VISITORS access any of the pages that comprise it.