Formulary: Terms and Conditions

These terms and conditions (“Terms and Conditions” or “Terms”) apply between you, the User of this Website, and Fagron B.V., the owner of this Website. Your agreement to comply with and be bound by Clauses 1, 2, 4 – 10, and 14– 24 of these Terms and Conditions is deemed to occur upon your first use of the Website. Clauses 3 and 11 – 13 apply only to the sale of Services. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of the Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and the acceptance by Fagron of that offer is deemed to occur upon Fagron sending a confirmation email to you indicating that your order has been accepted.

1. Definitions and Interpretation

In these Terms and Conditions, the following terms shall have the following meanings:

“Account”: means collectively the personal information, Payment Information, and credentials used by Users to access paid Content and/or any communications System on the Website;

“Content”: means any text, graphics, formularies, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website;

“Facilities”: means collectively any online facilities, tools, services or information that Fagron B.V. makes available through the Website either now or in the future;

“Fagron B.V.” or “Fagron”: means Fagron B.V., Fascinatio Boulevard 350, 3065 WB Rotterdam, The Netherlands, or any of its affiliates, as the case may be. The terms “we”, “our” or “us” also refer to Fagron;

“Payment Information”: means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes;

“Premises”: means Fagron’s place(s) of business located at Fascinatio Boulevard 350, 3065 WB Rotterdam, The Netherlands;

“Services”: means the current and future services made available to you through this Website, specifically the use of the Fagron Academy – Formulary platform;

“System”: means any online communications infrastructure that Fagron B.V. makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links;

“User” / “Users”: means any third party that accesses the Website. The term “you” also refers to the User;

“Website”: means www.fagron.com/formulary and any sub-domains of this site, unless expressly excluded by their own terms and conditions.

2. Eligibility

You must be at least 18 years of age to use the Platform. By using the Website, you represent and warrant that you meet this eligibility requirement. If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

3. Business Customers

These Terms and Conditions also apply to customers using Services in the course of business.

4. Intellectual Property

  • 4.1 Subject to the exceptions in Clause 5 of these Terms and Conditions, all Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, formularies, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is and remains the property of Fagron or its affiliates, licensors or other relevant third parties with whom Fagron has a contractual arrangement. By continuing to use the Website you acknowledge that such material is protected by applicable Dutch and international intellectual property and other laws and agree that you will not infringe such intellectual property rights.
  • 4.2 You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise described in these Terms and Conditions or unless express written permission from Fagron to do so. To this end, the User agrees with the following:
  • 4.2.1 Any formulary or other Content which is put at the disposal of the User is provided exclusively for the use of the authorized User and should only be downloaded and accessed on the User’s personal device. Any unauthorized sharing, distribution, or reproduction of this Content, in whole or in part, is strictly prohibited.
  • 4.2.2 The formulary or other Content may only be shared with others for the specific purposes for which it was downloaded. Any person receiving the Content in this manner must acknowledge and agree to the terms of this provision, including the commitment not to further distribute it. The formulary or other Content, and any derived formularies or materials, remain the property of Fagron.
  • 4.2.3 By accessing, downloading, using or sharing any formulary or other Content, you acknowledge your responsibility to comply with these Terms and to follow all applicable guidelines and regulations. The information contained within should be used in accordance with professional standards and is not intended to replace the judgment or expertise of a licensed healthcare professional.

5. Third Party Intellectual Property

  • 5.1 Unless otherwise expressly indicated, all intellectual property rights including, but not limited to, copyright and trademarks in product images and descriptions, belong to the manufacturers or distributors of such products as may be applicable.
  • 5.2 You may not reproduce, copy, distribute, store, or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

6. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Fagron or that of its affiliates. We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.

7. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the Website without our prior permission. Deep linking (i.e. links to specific pages within the site) requires Fagron’s express written permission. To find out more please contact Fagron by email at globalservice@fagron.com .

8. Use of Communication Facilities

  • 8.1 When using any communications means through the System on the Website you should do so in accordance with the following rules. Failure to comply with these rules may result in your Account being suspended or closed:
  • 8.2 You acknowledge that Fagron reserves the right to monitor any and all communications made to Fagron or using the System.
  • 8.3 You acknowledge that Fagron may retain copies of any and all communications made to Fagron or using the System.
  • 8.4 You acknowledge that any information you send to Fagron through the System may be modified by Fagron in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Fagron’s use of such information must be communicated to Fagron in advance and Fagron reserves the right to reject such terms and associated information.

9. Accounts

  • 9.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require Payment Information until you wish to make a purchase. By continuing to use this Website, you represent and warrant that:
  • 9.1.1 all information you submit is accurate and truthful;
  • 9.1.2 you have permission to submit Payment Information where permission may be required; and
  • 9.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your representation and warranty.
  • 9.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.
  • 9.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should contact Fagron immediately to suspend your Account and cancel any unauthorized orders or payments that may be pending. Please be aware that orders or payments can only be canceled up until the provision of Services has commenced. In the event that an unauthorized provision commences prior to your notifying us of the unauthorized nature of the order or payment then you shall be charged for the period from the commencement of the provision of services until the date you notified us and may be charged for a billing cycle of one month.
  • 9.4 When choosing your username, you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

10. Termination and Cancellation of Accounts

  • 10.1 Either Fagron or you may terminate your Account. If Fagron terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, Fagron reserves the right to terminate at its sole discretion, without notice or liability, without giving reasons.
  • 10.2 If Fagron terminates your Account, your right to use the Website will immediately cease, any current or pending orders or payments on your Account will be canceled and provision of Services will not commence, and any licenses, as the case may be, granted to you under these Terms, will be terminated immediately.

11. Services, Pricing and Availability

  • 11.1 Whilst every effort has been made to ensure that all general descriptions of Services available from the Website correspond to the actual Services that will be provided to you, Fagron is not responsible for any variations from these descriptions as the exact nature of the Services may vary depending on your individual requirements and circumstances.
  • 11.2 We neither represent nor warrant that the Services will be available at all times and cannot necessarily confirm availability until confirming your order. Availability indications are not provided on the Website.
  • 11.3 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or remove any special offers from time to time and as necessary.

12. Orders and Provision of Services

  • 12.1 By purchasing online, your order constitutes a contractual offer that we, at our sole discretion, may accept. A binding contract between you and Fagron is formed only when we send you an order confirmation email. No part of this website or its content constitutes an offer that you can accept.
  • 12.2 Order confirmations under sub-Clause 12.1 will be sent to you before the Services begin and shall contain the following information:
  • 12.2.1 Confirmation of the Services ordered including full details of the main characteristics of those Services;
  • 12.2.2 Fully itemized pricing for the Services ordered including, where appropriate, taxes and other additional charges;
  • 12.3 After the purchase, you will receive a confirmation that the purchase took place and a binding contract has been formed.
  • 12.4 If Fagron, for any reason, does not accept your order, no payment shall be taken under normal circumstances. In any event, any sums paid by you in relation to that order will be refunded within 14 calendar days.
  • 12.5 Payment for the Services shall be taken via your chosen payment method, online.
  • 12.6 Fagron shall use all its reasonable endeavours to provide the Services with reasonable skill and care, commensurate with best trade practice.
  • 12.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Fagron immediately and inform Fagron of the mistake. We aim to correct such errors within five (5) working days.
  • 12.8 Fagron provides technical support through the Website via an online support forum and/or phone. Fagron makes every effort possible to respond in a timely manner but we do not guarantee a particular response time.

13. Cancellation of Orders and Services

  • 13.1 We want you to be completely satisfied with the products or Services you order from Fagron through the Website. You may cancel an order that Fagron has accepted or cancel the contract, as long as you did not yet use the Services or accessed the Content you purchased.
  • 13.2 By accepting these Terms and Conditions, you explicitly agree to waive the right to a “cooling off” period after the purchase if you immediately use the purchased product. If you do not use the product, you may use the cooling off period to cancel the purchase – This period begins once your order is confirmed and the contract between Fagron and you is formed and ends at the end of 14 calendar days after that date. If you change your mind about the Services within this period and wish to cancel your order, please inform Fagron immediately using the following email: globalservice@fagron.com .  

14. Privacy

Use of the Website is also governed by Fagron’s privacy policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please consult the website www.fagron.com .

15. Disclaimers

  • 15.1 The Website is provided on an “as-is” and “as-available” basis. We disclaim all warranties, express or implied, including, but not limited to, implied warranties of accuracy, merchantability, fitness for a particular purpose, non-infringement, compatibility with any IT systems, or any specific results from the use of our Service(s). We do not warrant that the Website and/or the Services will be available uninterrupted, error-free, secure, or free from viruses or other harmful components.
  • 15.2 No part of this Website is intended to constitute advice and the content of this Website should not be relied upon when making any decisions or taking any action of any kind.
  • 15.3 Whilst Fagron uses reasonable endeavors to ensure that the Website is secure and free of errors, viruses, and other malware, you are strongly advised to take responsibility for your own internet security, that of your personal details, and your computers.

16. Indemnification

You agree to defend, indemnify, and hold harmless Fagron, its affiliates, and their respective directors, officers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your User content and any use of the Website’s content, services, and products other than as expressly authorized in these Terms.

17. Changes to the Facilities and these Terms and Conditions

We reserve the right to change the Website, its content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If we are required to make any changes to these Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

18. Availability of the Website

  • 18.1 The Website is provided “as is” and on an “as available” basis. Fagron Academy – Formulary uses industry best practices to provide a high uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be free of defects and/or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility, and satisfactory quality.
  • 18.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

19. Limitation of Liability

  • 19.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. You should be aware that you use the Website and its content at your own risk.
  • 19.2 In no event shall Fagron, its affiliates, directors, employees, or agents be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your use of or inability to use the Website; (ii) any unauthorized access to or use of our servers and/or any personal information stored therein; (iii) any interruption or cessation of transmission to or from the Website; or (iv) any bugs, viruses, trojan horses, or the like that may be transmitted to or through the Website by any third party.
  • 19.3 In the event that any of these terms are found to be unlawful, invalid, or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.
  • 19.4 The creators of any formulary or other Content accept no liability for misuse, misinterpretation, or adverse outcomes resulting from its application. Always consult a licensed healthcare provider or pharmacist for specific medical advice or compounding instructions.

20. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

21. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

22. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Fagron.

23. Communications

  • 23.1 All notices/communications shall be given to Fagron by email to globalservice@fagron.com. Such notice will be deemed received on the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
  • 23.2 We may from time to time, if you opt to receive it, send you information about Fagron’s products and/or services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email that you receive from us.

24. Law and Jurisdiction

These Terms and Conditions and the relationship between you and Fagron shall be governed by and construed in accordance with the Law of the Netherlands and you agree to submit any issue in relation to these Terms and Conditions or the contractual relationship between Fagron and yourself governed by these Terms and Conditions, to the exclusive jurisdiction of the Netherlands.