PHOENIX Medical Supplies Limited (“PHOENIX”) General Terms of Use for Pharmacy Panel

Definitions

“Pharmacy Panel” means the password protected area of the website (www.numarkpharmacypanel.co.uk) which hosts surveys for completion by Pharmacists who are invited to take part by PHOENIX.

“Pharmacist” means the UK registered professional pharmacist, registered with the GPhC

“User” means the individual Pharmacist registered to take part in the Pharmacy Panel.

“User Account” means the Pharmacy Panel account unique to the Pharmacist following registration.

  1. Validity
    1. The following General Terms of Use apply to the use of the Pharmacy Panel. By registering or using Pharmacy Panel, the User accepts these Terms of Use without restrictions or limitations. Phoenix does not recognize any deviating or conflicting conditions.
    2. Phoenix is entitled to change the Terms of Use.
    3. The Terms of Use in their current version are available here at any time.
  2. The use of Pharmacy Panel
    1. Pharmacists who are residents of the United Kingdom are entitled to use Pharmacy Panel. The use of Pharmacy Panel is free of charge, there is no legal claim to the use of Pharmacy Panel.
    2. Non-pharmacists are not permitted to use Pharmacy Panel and anyone who registers with Pharmacy Panel who is not a registered Pharmacist will be reported to the GPhC.
    3. User accounts may not be transferred to third parties under any circumstances.
    4. When using Pharmacy Panel the User undertakes not to overload, attack, change or impair the website or the associated software, hardware and/or server. The User undertakes not to hinder or impair the use of the website by others. Furthermore, the User agrees not to manipulate information or material on or in connection with the website.
    5. Pharmacy Panel is not intended for use by minors. Minors are expressly prohibited from submitting personal data and using forums.
  3. Registration
    1. Registration is required to access the content of Pharmacy Panel.
    2. To register, the Pharmacist will receive an e-mail with a link to create the User Account and provide an opportunity to set a password.
    3. After the User Account has been set up, an e-mail containing your User details and a link to be followed in order to activate the User Account by completion of a profiling questionnaire.
    4. After registration of the User Account is complete, the Pharmacist can log in using e-mail address and password (“Login Details”) to access all of the functions of Pharmacy Panel.
    5. Each User may only register with one e-mail address and hold one User Account. Multiple registrations of a User with different e-mail addresses is not permitted.
    6. Each User is obliged to keep their Login Details private and to protect against access by third parties. Login Details may not be made available to third parties or passed on to them in any way. It is also not permitted to use the Login Details of third parties.
    7. Each User is solely responsible for the use of their account or any related account activity, including the use of the account by any person who, with or without authorization, uses your Login Details or has access to any computer on which your account is located or accessed. If there is any indication that a third party has gained access to your Login Details, the User must promptly change the relevant data.
    8. By registering the User agrees to receive invitations to take part in online surveys without being obliged to participate. When participating in an online survey the User agrees to answer all questions truthfully and as precise as possible.
    9. Users will either be invited by e-mail to take part in an online survey or can view current surveys for completion when they login to Pharmacy Panel. Each User may only take part in a survey once. There is no legal claim to participation in the surveys.
    10. The User is obliged to keep their User Account, provided during the registration process, always up to date.
  4. Usage of Pharmacy Panel
    1. Pharmacy Panel is for use only by the User. Third parties are not permitted to use Pharmacy Panel.
    2. Access to the server of Pharmacy Panel is only through a web browser. It is not permitted to use administrator passwords or to impersonate an administrator when using the website.
    3. All content presented on the Pharmacy Panel website, e.g. particular text, pictures, photos, graphic representations, music, brands or trademarks are subject to the protection of the copyright law or other laws for the protection of intellectual property. Therefore, with the exception of the contractual use of Pharmacy Panel, these may not be reproduced, distributed, edited, translated or otherwise stored or processed in other media, including electronic form. Any use, in particular, the use of text, parts of text, sound or image material require the prior consent of the respective authors or rights administrators.
  5. Termination
    1. The User can delete their account at any time without giving any reasons and without notice. As soon as the User account is deleted, the User’s information, which was necessary for the use of Pharmacy Panel will be deleted within one month, unless there is an obligation to retain the data due to laws or legal regulations.
    2. PHOENIX may terminate the participation of a User of Pharmacy Panel and may delete the User Account if the respective User has not participated in any surveys in the past 12 months.
    3. PHOENIX is entitled to delete the User Account of a User if there is an important reason to do so and thus exclude the User from further use of Pharmacy Panel. An important reason for the deletion of the User Account exists in the following cases:
      • The User has provided false information during the registration process
      • In case of multiple registrations of a User
      • In the event of violations of these Terms of Use
      • If the results of an online survey are deliberately falsified by misuse (e.g. providing false information during registration)
      • In case of multiple User Account registrations from one person
      • In the event of violations of legal prohibitions, in particular, copyright, competition law or data protection regulations.
  6. Change or discontinuation of “Pharmacy Panel” availability
    1. PHOENIX reserves the right to make changes to the content of Pharmacy Panel at any time, in particular, to discontinue individual content. Phoenix Medical Supplies also reserves the right to discontinue Pharmacy Panel as a whole.
    2. PHOENIX thrives to make Pharmacy Panel available for use without interruptions. However, downtimes cannot be excluded despite all due care. The User cannot derive any claims against Phoenix from an interruption or other disruptions.
  7. Disclaimer of liability
    1. Phoenix’s liability for damages is excluded in the event of negligence on the part of Phoenix and its vicarious agents. This does not apply for breaches of a material contractual obligation (e.g. an obligation whose fulfilment is essential for the proper execution of the contract and on whose compliance the user may regularly rely on); in this case liability is limited to the foreseeable damage typical for the contract. This limitation of liability shall not apply to injury to life, body or health.
    2. Otherwise, PHOENIX shall be liable in accordance with the statutory provisions.
  8. Data Protection
    1. By registering with Pharmacy Panel or by providing Phoenix with data within the scope of the surveys carried out, the User agrees for PHOENIX to use the data for market research purposes.
    2. Phoenix collect, process and use only data that the User voluntarily provides and PHOENIX only use it for the purpose of Pharmacy Panel. In addition, PHOENIX collect, process and use data of the Users only if the User has consented to it.
    3. Details on the collection, processing and use of personal data can be found in our privacy policy.
  9. Links to other websites

    Pharmacy Panel may contain links to websites of third parties. PHOENIX does not check the content and design of third-party websites and does not assume any responsibility for the content and design of third party websites, nor does PHOENIX adopt these websites and their content as its own. If PHOENIX determines or is otherwise informed that the specific content of a third-party website, to which it has provided a link, triggers civil or criminal liability, PHOENIX will delete it.

  10. Incentives
    1. If advantageous, prizes or other incentives are granted for participation in online surveys, this will be expressly pointed out in the respective survey. Incentives are only granted for completed surveys.
    2. Attempts at deception can lead to the extinction of a claim and to exclusion.
  11. Lottery
    1. Prizes can be raffled off for participation in surveys. The raffle of rewards will be announced in advance of the survey. Legal recourse is excluded; there is no enforceable claim to payment of the prizes. Phoenix will inform you of your prize by e-mail or mail.
    2. Only participants who have completed and submitted the survey within the specified period of time will be considered for the raffles. Multiple participation is not possible. Attempts to deceive can lead to forfeiture of the prize and exclusion.
    3. The drawing of winners happens automatically and without the influence of Phoenix. The winners will be notified by mail or e-mail. A cash payment of the price value is not possible. The prizes will be sent by post. We accept no liability whatsoever for loss of prizes or notification of winnings.
  12. Place of fulfilment and jurisdiction

    These Terms of Use and any dispute or claim arising out of, or in connection with them, its subject matter or formation (including non-contractual disputes or claims) shall be governed by, and construed in accordance with, the laws of England and Wales. The parties irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute.

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