Tekst Grootte:

Terms of Use

(20th of February 2019)

This website is operated by Bausch Health Companies Inc. ("Bausch"). These terms of use ("Terms of Use") apply to your use of this website. Please read these terms of use before you start using the website.

If you order products through the online ordering system on our website, please make sure to read the Terms and Conditions of Supply of Bausch + Lomb available here.

If you have questions about these Terms of Use, please contact us at: csbenelux@bausch.com.

1. Services

This website is directed at our customers only, i.e., eye care professionals and retailers. Our website is not directed as end users of our products. Its purpose is to offer an online ordering system which our customers can use to order our, and our affiliates, products and services.

The use of our online ordering system requires creating an account. To sign up to an account, you must provide certain information. You are required to enter this information truthfully and update it whenever outdated. The registration process is complete after you have received a confirmation email.

After registering a user account, you are responsible for keeping your username and password confidential. This means that you keep your password secret and do not allow and third-party access. If you suspect misuse of your account, please inform us immediately by sending an email to: csbenelux@bausch.com.

Our website, including the online ordering system, is provided to you by Bausch free of charge.

2. Disclaimer of Warranties

The website is provided "as is". You use our website at your own risk. Bausch does not give any guarantee that the contents conform to the expectations of the user or that they shall reach a specific target they aim to.

We cannot guarantee the uninterrupted availability of our website, because we rely on telecommunications networks, which are beyond our control. We strive to minimize operational interruptions, e.g., due to maintenance of hardware or software.

3. Limitation of Liability

Bausch shall only be liable for resulting damages in so far as they result from a breach of a contractual duty through wilful or grossly negligent behaviour by Bausch, or its legal representatives or agents. In case Bausch breaches any essential contractual obligations due to slight negligence, Bausch's liability shall be limited to the foreseeable contractual damages. An essential contractual obligation is an obligation the fulfilment of which is essential for the proper execution of the contract and the compliance with which the contractual partner regularly relies on and may rely on.

Any further liability for damages is excluded. The liability for culpable injury to life, body or health in accordance with statutory provisions shall remain unaffected. This applies also to the mandatory liability under the Product Liability Act.

4. Copyright and Rights of Use

The content provided by Bausch is protected by the laws governing databases, copyright and trademarks. Such content may be neither copied nor disseminated nor used or copied in any manner whatsoever, without the prior agreement of the corresponding proprietors. This applies in particular to any copies made with the aid of robots, crawlers or other automatic mechanisms. Any use or modification of the services for purposes for which they were not intended is prohibited. In particular, copying or uploading of content, offers, directories, databases, etc. for commercial purposes is prohibited and will be subject to criminal and civil legal proceedings within the scope of existing legal options.

5. Indemnification

You agree to indemnify and hold harmless Bausch, its directors, officers, employees and agents from and against any and all claims and expenses, including attorneys' fees, arising out of your, your directors', officers', employees' and agents' violation of these Terms of Use.

6. Changes

Bausch reserves the right, at its sole discretion, to modify or replace any part of these Terms of Use. If Bausch modifies or replaces its Terms of Use, it will ask you to accept these Terms of Use when you log in to your account. You will only be able to use our website, if you accept our Terms of Use. Bausch may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). If these new features and/or services result in a substantial change of the website, Bausch shall present you with an updated version of the Terms of Use and ask for your acceptance.

7. Contact

If you have any questions or need support in connection with this website, please contact us at: csbenelux@bausch.com.

8. Applicable Law

These Terms of Use and all disputes arising in connection with these general conditions, including the validity thereof, or with the use of the website shall be governed by the Netherlands, excluding the conflict of law-provisions of the United Nations Convention on Contracts for the International Sale of Goods.

9. Confidential Information

With respect to any and all information of a confidential nature which appears or which you provide on our website (whether or not marked as such) including but not limited to any and all information relating to our compounds or targets, business and financial information, software, know-how, ideas and methods and techniques used by us in our business ("Confidential Information"), you agree to keep the same confidential and not to disclose the Confidential Information to any third party except with Bausch's express written consent.

10. Duration and Termination

You may terminate these Terms of Use, to the extent they apply to your use of our online ordering system, at any time by sending an email to csbenelux@bausch.com asking us to delete your account. We will send you an email as we deleted your account. Clauses 4 and 9 survive the termination of these Terms of Use.

Once you have terminated this Terms of Use, you are no longer allowed to use Bausch's online ordering system.

11. Severability

If any provision in these Terms of Use is or becomes wholly or partly ineffective, this shall not affect the effectiveness of the remaining provisions. In the event of a provision being ineffective, the parties shall agree upon an effective provision that, insofar as legally possible, most closely reflect what the parities to these Terms of Use intended. The same shall apply in the event of any omission in the contract.

12. Changes

We reserve the right to amend and adapt these Terms of Use with effect for the future, provided such change is reasonable. We indicate on our website that we revised the Terms of Use and will inform you via email about those changes in time. If you do not object to the applicability of the revised Terms of Use within six (6) weeks after receipt, the amended Terms of Use shall be deemed accepted by you. We will inform you about the six-week period and your right to object as well as the legal consequences of remaining silent in an appropriate form at the beginning of the notice period.