Terms of Use

These Terms of Use are updated and effective as of November 5, 2024.

This website and any related mobile applications (collectively the “Website”) is operated by AFT Pharmaceuticals US, Inc. (referred to as “AFT”, “we”, “our” or “us”) for users who are residents of the United States.

Acceptance of Terms of Use

1. The use of the Website is governed by these Terms of Use (the “Terms of Use”). By accessing and browsing the Website you confirm that you accept and agree to be bound by these Terms of Use.

Amendments to Terms of Use

2. We may amend these Terms of Use from time to time, and you should check and read these Terms of Use regularly to ensure you understand the version of the Terms of Use that apply at that time. By continuing to use the Website after any such amendment, you are deemed to have agreed to the then amended Terms of Use.

Intellectual Property

3. All intellectual property on the Website, including without limitation, the text, graphics, photographs, logos, icons, buttons, images, copyright works and trademarks, is owned by us or licensed to us (by third-party content suppliers or licensors). Those works are protected by copyright laws and treaties around the world. We are the exclusive owner of all rights in the compilation, design and layout of the Website.
4. Any goods, process or technology described in the Website may be the subject of other intellectual property rights reserved by us. Nothing contained in these Terms of Use shall be construed as conferring on you by implication, estoppel or otherwise any license or right under any patent, trade mark, copyright or other intellectual property right of ours or any third party. Any rights not expressly granted herein are reserved by us.

Use on Behalf of Organization

5. If you are accessing and/or using the Website for or on behalf of an organization, you warrant that you have the appropriate authority and power to do so on behalf of that organization and are authorized to accept these Terms of Use on behalf of the organization. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms of service, and that they comply with them.

Right to Use Website and Content

6. You may access, view, reproduce and print the content on the Website, provided you only use that content for informational and other non-commercial purposes (including without limitation, personal shopping) and you must not use any part of the content on the Website for commercial purposes without obtaining a license to do so from us or our licensors. Any reproduction of any content contained in the Website must include a prominent acknowledgement of our status (and that of any identified contributors) as the authors of content on the Website and our rights in the relevant content.
7. To the extent permitted by applicable law, any other distribution, copying, reproduction, reselling, publishing, transmitting or storage of the content on the Website is prohibited, except with our express prior written permission.

Hyperlinking

8. You may not link to the Website without our prior written consent. Should we give our consent you will ensure that any such link to the Website is fair and legal and does not damage our reputation or take advantage of it. If you wish to link any part of the Website, please email your request to customer.service@aftpharm.com.
9. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where no such association, approval or endorsement exists. You must not establish a link to the Website in any website that is not owned by you. We reserve the right to prohibit links to the Website or to withdraw linking permission, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material, nor may you create a link to any part of the Website other than the home page.

Disclaimer

10. The information and other content provided on the Website is for general information only and has not been prepared by taking into account the particular objectives, situation, health or needs of any individual users. Such information and content is not intended to be  advice on which you should rely. You must make your own assessment of the suitability and appropriateness of the information and other content made available on the Website for your particular use. We do not provide legal, accounting, financial advisory or investment banking services and, if you require any such  services, you should contact your relevant adviser. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is current, accurate or complete when you access it. Any reliance upon the information and material provided on the Website shall be at your own risk. We have no liability or responsibility for any errors or omissions in the content on the Website.
11. We do not warrant that the Website and/or your use of the Website will be faultless, immediate, continuous, secure or free from bugs or viruses. Internet transmissions are never entirely secure or private. Accordingly, we do not warrant that any information you provide through the Website will not be read or intercepted by others. We will not have any liability for the interception, ‘hacking’ or other unauthorized access of information provided through the Website. You are responsible for configuring your information technology, computer programs and platform to access to the Website. You should use your own virus protection software.
12. The Website may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.

Third Party Websites and Materials

13. Our Website contains links to websites owned and operated by third parties. If you use these links, you leave our Website. These links are provided for your information and convenience only and are not an endorsement by AFT of the content of such linked websites or third parties. AFT has no control over the contents of any linked website and is not responsible for such websites, their content or availability.

Your Responsibilities

14. You agree to use the Website only for the purposes for which it is being provided. You must not use the Website for any improper, injurious, offensive or unlawful purposes. You must not damage or disrupt the Website.
15. You are responsible for any actions you take based on services or information obtained through the Website, and all outcomes resulting from your use of those services or information.
16. You are also responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use the Website.
17. You shall not conduct, facilitate, authorize or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
    1. Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
    2. Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
18. You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to the Website or any of the services or information made available to you through the Website.

Indemnification

19. You agree to indemnify us and our related or associated companies, relevant suppliers, licensors, agents, officers, and employees (each an “Indemnified Party”) against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered by us arising out of or in connection with any:
    1. breach by you of any of your obligations under the Terms of Use;
    2. of your negligent acts or omissions; or
    3. claim, suit or action brought against the Indemnified Party by a third party that the Indemnified Party’s use of any material provided by you in connection with the Website actually or allegedly infringe that third party’s intellectual property rights.

Cookies

20. Our Website uses cookies for various purposes and you should visit our Cookie Policy for information about such uses.

Liability Limitations

21. Whether you are a consumer or a business user, we do not exclude or limit in any way our liability to you where it would be unlawful for us to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
22. If you are a business user:
    1. We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.
    2. We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
       1. use of, or inability to use, the Website; or
       2. use of or reliance on any content displayed on the Website; or
       3. cyber attacks, data breaches, or unauthorized access to your personal information through the Website.
    3. In particular, we will not be liable for:
       1. loss of profit, sales, business, or revenue;
       2. business interruption;
       3. loss of anticipated savings;
       4. loss of business opportunity, goodwill or reputation; or
       5. any indirect or consequential loss or damage.
23. If you are a consumer user:
    1. We only provide the Website for domestic and private use. You agree not to use the Website for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
    2. If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you reasonable compensation.

Partial Invalidity

24. If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Use. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Use, all of which will remain in full force and effect to the extent permitted by applicable law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.

Privacy Policy

25. Our Privacy Policy sets out information regarding the collection, use and disclosure of your personal information by us and governs our processing of such personal information. Where you provide personal information to us to obtain any products, services or information through the Website, that personal information must be correct, complete and up-to-date when you provide it. You agree to advise us as soon as possible if the personal information you provided changes, or you become aware of any inaccuracy in the personal information you have provided. If you are providing personal information relating to any person other than yourself, you warrant that you are authorized to provide that information.

Confidentiality and Statements

26. Subject to the terms of our Privacy Policy with respect to your personal information, any communication or material transmitted by you to us in connection with the Website (including by email) will be treated as non-confidential and non-proprietary. Other than your personal information, anything you transmit, including ideas, suggestions, information or other material, may be used, reproduced, published, modified, adapted and transmitted by us without restriction and on a royalty-free basis.

Subscribers

27. You may subscribe to our blog, or any other services of which we may notify you from time to time, by registering on the Website. You must ensure that the information you provide about yourself as part of the registration process is correct, complete, accurate and up-to-date. You agree to notify us of any changes to this information.
28. If you wish to unsubscribe from our blog or any other services, please click on the “Unsubscribe” message that accompanies the relevant material (or contact us at customer.service@aftpharm.com).

Jurisdiction and Governing Law

29. These Terms of Use are governed by the laws of the state of Delaware. We and you both agree that the state and federal courts located in the state of Delawarewill have exclusive jurisdiction concerning matters connected with your use of the Website.

Interpretation of Certain Terms

30. In these Terms of Use, unless the context otherwise requires, “you” means:
    1. the individual who accesses and/or uses the Website; and
    2. where an individual accesses and/or uses the Website for or on behalf of an organization, the organization on whose behalf such access or use is made, in each case, jointly and severally (and references to “your” and “yourself” have corresponding meanings).