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TERM AND GENERAL CONDITIONS OF USE OF GSK PLATFORMS
This Term and General Conditions ("Term") apply to the use of the services offered by GLAXOSMITHKLINE BRASIL LTDA., A company registered with the CNPJ / MF under nº 33.247.743 / 0001-10, manager of the website www.gsk.com.br and the other services covered by this Agreement, hereinafter referred to as GSK, to the greater and more capable PERSON using the services offered by GSK, whose data become an integral part of this Agreement, as well as having electronically "accepted" all clauses of this term and all other applicable policies, available on the site, hereinafter referred to as USER.
The services available by GSK on the website https://india-pharma.gsk.com/en-in/ and in the other pages of the company will be governed by the clauses and conditions below.
CLAUSE 1 - DEFINITIONS
1.1 For the exact understanding and interpretation of the rights and obligations set forth in this Term, the following definitions are adopted:
a. REGISTRATION: complete registration form with the personal and professional data of the USER, including with email and USER PASSWORD, obligatorily filled in order to obtain the LOGIN for the use of the GSK platform and Services;
b. LOGIN: this is the email and PASSWORD informed by the USER in the act of your REGISTRATION, which will use to access the Services offered by GSK and its REGISTRATION;
c. GSK PLATFORMS: electronic platform (web page and / or mobile application) that focuses on providing the USER with information about diseases and forms of treatment, in the various areas of operation;
d. TOOLS: the services available to USERS offered by GSK on its platforms;
e. PASSWORD: sequence of letters and numbers chosen by the USER, which must be previously informed by the USER when accessing the platform;
f. SITE: GSK's electronic portal, located at www.gsk.com.br, whereby the USER may use the Services offered by GSK, by completing a REGISTRATION, LOGIN information and access PASSWORD own.
CLAUSE 2 - OBJECT
2.1. GSK's provision of these GSK services to the USER after the duly validated registration act, intended to provide the USER with information on diseases and forms of treatment, in the various areas of activity, is the purpose of this Agreement. In spite of being able to be used from anywhere in the world, the USER declares himself aware and agreeing that, regardless of where the services are being accessed, the relationship between the USER and GSK will always be, and in any hypothesis, subject to Brazilian law.
2.2. The USER declares and agrees that all content imputed on the GSK Platform is the sole responsibility of the USER who inserted it, not having GSK for any interference with them. In this sense, GSK always recommends that the USER make sure that the data contained therein is true. Likewise, the USER is aware that any modification made to the information entered on the GSK Platforms by the USER is his sole responsibility, exempting GSK from any liability or reimbursement to the applicant for any loss and damages due to lack of diligence in handling the content available on GSK Platforms.
CLAUSE 3 - CREATING ACCOUNT AND USE OF TOOLS
3.1 . In order to use the TOOLS provided by GSK on GSK Platforms, the USER must complete the REGISTRATION available to obtain a LOGIN and a PASSWORD to enable the services provided by GSK, informing all the necessary data in each type of register, depending on the tool used , the civil and criminal USER being responsible for the veracity of the information, including before third parties, also being obliged to keep their data updated. The registration at GSK PLATFORMS is free. The USER must also provide an email address for the LOGIN and a unique and exclusive USER PASSWORD, which must be kept confidential. In this regard, GSK may in its sole discretion carry out an initial check of information submitted by the USER who wishes to use the services available on the GSK Platforms in the act of the REGISTRATION. In addition to the above, GSK does not conduct a thorough investigation of the veracity of the information provided, except as provided in the Clauses above. In this way, the USER is the sole and exclusive responsible for the misuse of the services.
3.1.1. GSK PLATFORMS will be at the disposal of the USER 24 (twenty four) hours a day, 7 (seven) days a week, except for regular maintenance, which will be informed by a statement.
3.1.2. The LOGIN and PASSWORD giving access to the REGISTRATION are for personal and non-transferable use of the USER, which is why GSK is not responsible for any unauthorized manipulation of such information by third parties, and therefore, the USER must take all necessary measures to keep such information confidential.
3.1.3. The USER undertakes to notify GSK immediately, regarding any unauthorized use of its account, as well as unauthorized access by third parties to it. The USER will be solely responsible for the operations carried out in his account, since access to it will only be possible by the apposition of the PASSWORD, whose knowledge is exclusive to the USER.
3.1.4. By registering on the GSK Platforms, the USER may use all the TOOLS made available by GSK, stating that they have read, understood and accepted the GSK Platforms.
3.2. GSK reserves the right to use all valid and possible means to identify its USERS, so GSK may, at any time, at its discretion, request copies of USER documents, in order to guarantee the accuracy of the data. In these cases, GSK may suspend the supply of services until the requested documents are received, being exempt of any responsibility or reimbursement to the applicant. In the event that any data is verified by GSK as inconsistent with the documents and information presented, the USER will have a period of two (2) business days to make the necessary corrections, under penalty of having his access to the GSK PLATFORM blocked until the regularization of the REGISTRATION, and may even terminate definitively the aforementioned REGISTRY, if it deems necessary to protect the interests of GSK and its USERS, without prejudice to other measures deemed necessary and appropriate.
3.3. The information provided by the USER shall be confidential and exclusive use of GSK and its partners, and will only be provided in the cases provided for by the Law or when fraud (s) is verified, such as: ideological falsehood (use of names and documents false), or incorrect use of the services, in which case the fraudster's information (name, address, IP, etc.) may be provided to the victim and the responsible authorities (including DERCIFE - and Electronic Fraud).
3.3.1. In this sense, and without prejudice to other measures, GSK may warn, suspend or cancel, temporarily or definitively, the REGISTRY of a USER, at any time, initiating legal actions and / or suspending the provision of its services if : a) the USER does not comply with any provisions of this Term and other GSK policies; b) disobeys with your USER duties; c) if they engage in fraudulent or malicious acts, such as the use of GSK Platform TOOLS for illicit activities, among others; d) if the identity of the USER can not be verified or any information provided by it is incorrect.
3.4. The USER declares to be aware that it may only have a single REGISTRATION under its ownership, and therefore, GSK is not accepted in any case, the REGISTRY of new LOGINS owned by the same USER, or the assignment / transfer of the respective account, the user name, your CRM registration number and your CPF / MF, e-mail address, among other data, at GSK's discretion, among other data. If the USER changes its address or needs to update any information of its SIGNATURE, it should simply update its SIGNATURE with the new data.
3.5. GSK TOOLS are only available to persons who have the legal capacity to use them, therefore, persons who do not have this capability, including minors, or persons who have been temporarily disabled or permanently disabled by GSK PLATFORM for any infraction to the present Term, including by the fact of having multiple REGISTRATIONS, are warned of the legal sanctions of the Civil Code, notably, articles 166, I, 171, I and 180 of Law No. 10,406 / 02.
3.6 The full name that the USER uses on the GSK Platforms may not be similar to the GSK name, nor can any name be used that insinuates or suggests that the data registered and organized belong to GSK. Also considered as offensive names, as well as those containing other personal data of the USER or some URL or electronic address will be eliminated. GSK reserves the right to refuse any request for a REGISTRATION and to cancel a previously accepted REGISTRATION, provided that it disagrees with the policies and rules of this Term.
3.7. Failure to use the REGISTRATION by the USER, defined as the absence of any access thereto, for a period of 01 (one) year, will result in the termination of said REGISTRATION, and GSK shall be exempt from any liability or reimbursement by virtue of this cancellation of REGISTRATION.
3.8. The USER shall be responsible for the use of the services provided in this Agreement, observing all applicable national, state and local laws, regulations and ordinances, the Safety and Privacy Norms and Policies published and disclosed by GSK and its commercial partners, contained in your SITE.
3.9. GSK shall not be liable for errors, interruptions, malfunctions, delays or other imperfections that may arise in the services, which are possible to occur in the case of IT services, and GSK does not in any way guarantee the provision of uninterrupted and / or error-free service in proven circumstances of unforeseeable circumstances or force majeure.
3.10. The USER will be fully responsible for making sure that the configuration of your equipment is in full compliance with the minimum security requirements, such as antivirus and Web browser, always updated, necessary for the enjoyment of the services offered by GSK. the latter free and exempt from any liability arising from non-compliance with the provisions of this clause.
CLAUSE 4 - MODIFICATIONS IN THE PRESENT TERM
4.1. GSK may change, at any time, the conditions of this Term, aiming at its improvement and improvement of services rendered. The new conditions will come into force 10 (ten) days after their publication in GSK PLATFORMS. Therefore, if you do not agree to the modifications, the USER will have until the end of the period of 10 (ten) days counted from the publication, to communicate by e-mail your non-agreement and request the cancellation of said REGISTRY with your information. In this case, the contractual link will cease to exist. However, if there is no manifestation within the period stipulated above, it will be understood that the USER has tacitly accepted the new terms of the Term and will continue to bind the parties.
CLAUSE 5 - FORBIDDEN PRACTICES
5.1. It is expressly prohibited by this Policy, GSK's other policies or current law, to insert any information by the USER on GSK Platforms that contain certain data, images and / or legends, or that apologize to: (i) any activities illicit, and / or prohibited; (ii) stolen, stolen or subtracted property, or any illicit origin, such as smuggling, forgery or tampering; (iii) cigarettes and tobacco derivatives and / or that advocate smoking; (iv) endangered animals of any species; (v) content related to prostitution or similar, and any information about products of pornographic, erotic, obscene material; (vi) content that promotes violence and / or discrimination based on race, sex, religion, nationality, sexual orientation or any other type; (vii) content or files containing viruses, programs or codes that may damage data, information or the operation of other electronic devices; (viii) content that falsifies, omits or simulates IP, network or e-mail addresses, in an attempt to conceal the identity and / or authorship of the offenders; and (ix) activities that violate intellectual property laws, such as unauthorized copies, use of images or texts without the author's permission, whether trademarks, replicas and / or forgeries.
5.1.1. In this sense, it is the sole responsibility of the USER to ensure the legality of its activities and GSK assumes no responsibility for their existence in GSK PLATFORMS, and GSK may suspend or cancel the REGISTRATION of these USERS that do not comply with the restrictions described in this Agreement, without prejudice to legal actions that may occur due to the configuration of crimes or contraventions as a result of the activities performed.
5.2. If GSK finds or suspects that any USER is in violation of any specific condition of this Agreement or that it is considered an illegal activity, in addition to the protection measures already described in this Agreement, such as the cancellation of said REGISTRATION, the data of the infringing USER will be sent to the corresponding authorities, so that they may take appropriate legal measures.
CLAUSE 6 - PERSONAL INFORMATION COLLECTED BY THE SITE
6.2. In addition to the personal information provided, GSK PLATFORMS has the technological capability to collect other technical information, such as the USER's Internet protocol address, computer or mobile operating system, browser type and referral website addresses.
6.3. As previously determined, GSK PLATFORMS will not provide the USER information to third parties without prior authorization of GSK PLATFORMS, except in cases where GSK already has the authorization to share it, pursuant to this Agreement or other applicable policies, or when are required to respond to requests or questions from governmental entities, or in cases where GSK in good faith believes that disclosure is necessary in order to respond to claims that the content submitted to GSK PLATFORMS infringes the rights of third parties, that is, necessary for the protection of the rights, properties and / or security of said platform, provider of GSK Services, its USERS and / or the general public.
6.5. GSK may also, in its sole discretion, examine the information stored in its databases for the purpose of identifying USERS with multiple identities or aliases for legal and / or security purposes. Otherwise, if GSK is required by law, court order or other legal process to disclose any personal information of the USER, it will not hesitate to cooperate with these agents. Thus, by means of this instrument, the USER authorizes GSK to disclose this personal information to serve the above purposes.
6.8. The USER that does not agree to this Term and proceed with the cancellation of its REGISTRATION, will remove its data for future consultations, but this removal will not work retroactively, ie, the actions prior to that decision will continue to be stored and used according to with the terms of this Instrument.
6.8.1. In order to cancel your registration on the GSK PLATFORMS, the USER can do so through the configuration panel or upon request to GSK PLATAFORMAS administrators by e-mail XXXXX.
6.9. The use of any device, software or other resource that interferes with the activities and operations of the TOOLS and GSK PLATFORMS, as well as in the accounts or their databases, is not permitted. Any interference, attempted or infringing intellectual property laws and / or prohibitions set forth in this Agreement, including unauthorized copying, reverse engineering, and / or modifications that may create derivative works, will responsible for the pertinent legal actions, as well as the sanctions provided herein, and is also responsible for the damages for any damages caused.
6.10. GSK may make use of supplementary tools in its REGISTRATION for the purpose of increasing the security of the USER and avoiding the automated registration of false users such as BOTS and / or other attempts to circumvent the use of GSK PLATFORMS.
6.11. In case of doubts about the protection of personal data, or to obtain more information about personal data and the exceptional cases in which the confidentiality of this clause may be broken, the USER may contact XXXX.
CLAUSE 7 - RESPONSIBILITIES AND TAXES
7.1. The USER is allowed to navigate the GSK PLATFORMS without any charge or fee, and GSK has no relation or responsibility with the data entered by its USERS on GSK PLATFORMS, serving only as a service instrument. However, GSK maintains strict control over the data entered by its USERS, periodically evaluating them and removing from their base any USERS using the GSK PLATFORMS for illicit activities, as exemplified in clause 6.1 above. In this sense, it is the responsibility of the USERS to comply with GSK's standards of ethics and good faith, whose main concern is to provide a free and secure environment for the exchange of information and the complete satisfaction of the USER with GSK services.
7.2. Therefore GSK is not responsible for the existence or legitimacy of the data registered by the USERS in its various TOOLS, as well as for the ability to contract the USERS or for the veracity of the personal data in their SIGNATURES, and these data are entered by the USERS by at its own risk.
7.3. GSK shall not be liable for any damage, loss or loss in the USER's equipment caused by Internet, system or server failures used by the USER, whether resulting from third-party conduct, acts of God or force majeure. GSK also will not be responsible for any virus that may attack the USER equipment due to access, use or navigation on the Internet or as a consequence of the transfer of data, files, images or texts. USERS shall not assign to GSK any liability or demand payment for loss of profit due to damages resulting from technical difficulties or failures in the systems or the internet. Eventually, the system may not be available for technical reasons or faults of the internet, or for any other fortuitous event or force majeure beyond the control of GSK. For this reason, GSK reinforces the orientation of the USER to have an up-to-date antivirus and Web browser for access to GSK PLATFORMS and their services.
7.4. As GSK provides a TOOL for the organization of content aimed at USERS, the responsibilities for all obligations that fall on the USER activities, be they tax, tax, labor, consumer or any other nature, will be exclusively of the USER. In the event of a legal action brought against GSK, whose facts are based on actions of the USER, the latter shall be called to the proceedings and shall bear all the charges arising therefrom, pursuant to article 70, III of the Code of Civil Procedure.
7.5. This Term of Use does not create any partnership, mandate, franchise or employment relationship agreement between GSK and the USER.
7.6. In the event that any area of the GSK PLATFORMS allows the publication of comments, recommendations and even assessments of the USERS, any and all liability will be solely and exclusively of the USERS responsible for the information they publish or that in any way makes them available to the users. OTHER USERS, exempting GSK from any damages caused as a result of these publications. Regardless of any provision of this Agreement, the USER hereby agrees not to publish content that: (i) may cause personal or material harm, loss, physical, emotional or mental harm, death, to any person, whether adult or minor age, or any animal; (ii) may be connected to any illicit activity or apology; (iii) are in any way discriminatory, racist, defamatory, invasive of the privacy of others, slanderous, humiliating, among other types of harassment; and (iv) that contain information that is illegal or violates the intellectual property of others.
CLAUSE 8 - TERM AND EFFECTIVE DATE
8.1. This Term has an indefinite term, coming into force on the date of its electronic acceptance. GSK may terminate the provision of the services object of this Agreement at any time, by prior and express communication to the USER within 15 (fifteen) days.
CLAUSE 9 - INTELLECTUAL PROPERTY
9.1. The commercial use of the expression "GSK", "GLAXO", "SMITHKLINE", "GLAXOSMITHKLINE" or any variation such as brand, corporate name or domain name, as well as the contents of the GSK services screens available on GSK PLATFORMS, such as programs, databases, networks, and files, which allow the USER to access and use your account, are owned by GSK and its affiliates and are protected by international copyright, trademark, patent, model and copyright laws and treaties. industrial designs. Misuse and reproduction in whole or in part of such content is prohibited, unless expressly authorized by GSK.
9.2. GSK PLATFORMS may eventually use links to other websites, which does not mean that these sites are owned or operated by GSK. Since you have no control over these sites, GSK will not be responsible for the contents, practices and services offered therein. The presence of links to other sites does not imply GSK's partnership, supervisory, complicity or solidarity relationship with these sites and their contents.
CLAUSE 10 - INDEMNITY
10.1. The USER will indemnify GSK, its subsidiaries, subsidiaries, directors, administrators, employees, representatives, suppliers and employees for any claims brought by third parties arising from its activities in the GSK PLATFORMS for failure to comply with this GSK Term and other policies, or for violation of any law or rights of third parties, including attorneys' fees.
CLAUSE 11 - GENERAL PROVISIONS AND FORUM
11.1. The USER expressly agrees that GSK and / or any of its partners send their subscribers e-mail messages of an informative nature, regarding specific communications inherent to the Services provided under this Agreement, including, but not limited to, GSK Platforms, among others. other information.
11.2. In order to maintain and meet the latest market and technological development requirements, GSK may, at its sole discretion, change, at its option, either in form or content, suspend or cancel at any time, any of the services, products , utility or application made available by you or third parties, upon prior notice to the USER, including with respect to the services available on GSK Platforms provided under this Instrument.
11.3. GSK's tolerance with the USER for noncompliance with any of the obligations hereunder shall not be deemed novation or waiver of any right, constituting mere liberality, which shall not prevent GSK from subsequently requiring faithful compliance with the conditions set forth in this Agreement, anytime.
11.4. The USER will not be able to assign his REGISTRATION to third parties or other USERS. In turn, GSK may, regardless of any notice or notification, assign or dispose of the services provided by GSK PLATFORMS, in whole or in part, to partner companies or their economic group at any time.
11.6. Thus, in view of the provisions of this Agreement, the USER fully agrees with these provisions, undertaking to comply with the conditions hereunder irrevocably and irrevocably, as well as to use in a profitable and legal way the services offered to him.
11.7. All items in this Term of Use are governed by the laws in force in the Federative Republic of Brazil. For all matters relating to its interpretation and compliance, the parties shall submit to the Central Forum of the District of Rio de Janeiro, State of Rio de Janeiro, except for claims submitted by USERS that fall within the legal concept of consumers, who may submit to the place of domicile.