Terms & Conditions
THE INFORMATION THAT YOU RECEIVE VIA THE WEBSITE/APP IS NOT INTENDED TO BE, NOR SHOULD IT BE REGARDED AS COMPRISING MEDICAL ADVICE OF ANY NATURE.
THE WEBSITE/APP IS PROVIDED FOR GENERAL INFORMATION PURPOSES ONLY AND NOT INTENDED FOR THE DIAGNOSIS OF ANY MEDICAL CONDITIONS. USERS SHOULD BE AWARE THAT THE WEBSITE/APP IS MERELY AN INFORMATION SERVICE AND IS NOT INTENDED AS A SUBSTITUTE FOR THE ADVICE YOU RECEIVE FROM A QUALFIIED HEALTHCARE PROFESSIONAL OR ADVICE THAT YOU AS A HEALTHCARE PROFESSIONAL PROVIDE TO YOUR PATIENTS.
1.1 The Website/App is designed as an online platform/Website/App which is intended only for use :
a. by patients with the aim of offering additional support, information and education on their disease by providing access to tools to better manage and obtain more information through educational content in the various e-learning activities.
b. by health care professionals (“HCP’s”) such as licensed medical physicians and pharmacists with the aim of enhancing skills and knowledge of those HCP’s who access and use the Website by supporting the exchange and dissemination of scientific information through interactive medical and clinical educational content in the various e-learning activities.
1.2 The Website/App, and the content and information available through it, should not be used as a basis for any diagnosis, monitoring, management, or treatment of any medical condition. The information provided in the Website/App is provided by Abbott for general information purposes only and does not constitute business, medical or other professional advice. It is not intended to, and does not provide medical advice of any nature, nor a means for users to self-diagnose any medical condition. Nothing contained in the Website/App is intended to replace a physician-patient relationship, or to be a substitute for medical advice. Never disregard professional advice based on the information contained in the Website/App. The Website/App does not offer personalized medical diagnosis or patient-specific treatment advice. You further acknowledge that the Website/App, Content (defined below), and Abbott customer service contacts are not intended for use in an emergency response situation and are not suitable for use in such situations where failure, delay, inaccuracies, or errors in the Website/App or Content available through the Website/App could lead to death or personal injury. The Website/App, Content, and any Abbott customer service contacts cannot be considered a lifesaving solution, and they are not a substitute for emergency services. All life threatening and emergency situations should be directed to the appropriate emergency response services in your area.
1.3 Nothing contained in the Website/App is or is intended to be of a promotional nature. You should not construe anything on the Website/App as a promotion or advertisement for any product or for the use of any product that is not authorized by the laws and regulations of your country of residence. Please note that the information on the Website/App may contain information about products or indications currently under investigation and/or that have not been approved by the regulatory authorities.
1.5 You hereby give your consent that Abbott may send you e-mails at the e-mail address you provided to us for customer service-related purposes, as well as in connection with providing communications about features of the Website/App (e.g., information on features, updates) unless you opt out of receiving such communications by unsubscribing to any emails sent to you.
1.6 Abbott may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Website/App. If we learn of a security system’s breach, Abbott may attempt to notify you electronically by posting a notice on the Website/App or by sending an email to you, if we have your email address. You may have a legal right to receive the notice in writing. To receive free written notice of a security breach (or to withdraw your consent from receiving electronic notice), please write to us at email@example.com
- MY A:CARE ACCOUNT
2.1 In order to use the Website/App, you must create an a:care account and password. You acknowledge and agree that the Website/App is designed and intended for use on an individual basis and you should not share your a:care account and/or password details with another individual. You are responsible for maintaining the confidentiality and security of your a:care account and for all activities that occur on or through it. You agree to immediately notify Abbott if you become aware of a security incident or breach affecting your a:care account, including where you believe your password may have been compromised. Abbott is not responsible for any lost, stolen or compromised passwords or for any activity on your a:care account from unauthorised users or for any losses arising out of or in connection with the unauthorised use of your a:care account where caused by you.
2.3 To use the Website/App you must enter some of your personal information, including your email address and password, to create your a:care account. You agree to provide accurate and complete information when you register with, and as you use, the Website/App, and you agree to keep your a:care account information accurate, current, and complete.
2.5 The App is made available to you by Abbott free of charge for use on your smartphone, or other mobile device (each, a, “Device”). However, you may be charged standard rates or fees by wireless or telephone carriers (your “Carrier”) or other third parties that are not connected to Abbott for the download and use of the App. All third-party fees, such as data usage fees charged by your Carrier, and compliance with any applicable third-party terms (such as your Carrier’s terms of service) are your responsibility. You acknowledge that your information will be transmitted over an insecure public computer network and that Abbott is not liable for any loss of information transmitted in the manner.
- PERMITTED USES OF THE WEBSITE/APP
3.3The App is licensed, not sold, to you. This is the only license or right that you receive with respect to the App and Content. The license and right is revocable by Abbott and non-transferable to others. The App and all rights therein are and shall remain Abbott’s property or the property of Abbott’s licensors.
3.4 When you use the App and the Content, you are solely responsible for:
a) ensuring that you are using the latest available version of the App;
b) ensuring that all operating systems and security software for the Device are the most up-to-date versions available;
c) any damage to your Device, and any loss, corruption or leak of information that you store in the Device that results from the Use of the App or Content or the interaction of the App or Content with other Apps or programs that you may download or use;
d) maintaining the security and confidentiality of any personal identification numbers, account information, passwords, and the like related to your Use of the App or Content;
e) maintaining the physical security of your Device; and
f) maintaining the security and confidentiality of Personal Information that you store on your Device. “Personal Information” is information that alone or in combination with other information, such as your name, birth date, e-mail address, mailing address, or telephone number, identifies you or can be used to identify you or your personal characteristics, such as your name, or contact information that is collected and/or transmitted by the App.
3.5 When you use the App and the Content, you are not permitted to:
a) reproduce, duplicate, copy, modify, edit, improve, sell, resell, reverse engineer, change, exploit, or otherwise interfere with the operation of the App, its Content, its software, or any portion of any of the foregoing in any way;
b) Use the App or its Content for any commercial purpose or for any purpose in violation of local, state, national, or international laws;
c) reverse engineer, decompile, disassemble, decode, modify, or create derivative works of the App, any App updates or any part of the App or updates;
d) attempt to disable or circumvent any security or other technological measure designed to protect the App or any Content;
e) remove, obscure, or alter any copyright or other proprietary notations from the App or part of the App;
f) engage in systematic or manual copying or scraping and widespread distribution of Content to the public; or
- ABBOTT’s Trademarks / proprietary rights
4.1 For the purposes of this agreement, “Intellectual Property Rights” means any copyright, patent, trade secret, trade dress, trademark, goodwill, rights in get-up, media, materials, designs, technology, artwork, graphics, icons, computer software (including source code), databases, and similar or equivalent rights or forms of protection which subsist or will subsist, now or in the future, in any media now known or hereinafter invented, in any part of the world.
4.2 You should assume that everything you see or read on the Website/App is copyrighted or licensed by Abbott unless otherwise noted and may not be used without the written permission of Abbott.
4.3 Unless otherwise noted, you should also assume that any logos, company names, or trade names appearing on the Website/App, whether or not appearing in large print or with the trademark symbol, are trademarks of Abbott and/or other parties. The Website/App may also contain or reference patents, proprietary information, technologies, products, processes, or other proprietary rights of Abbott and/or other parties. No license to or right, express or implied, in any such trademarks, patents, trade secrets, technologies, products, processes, and other proprietary rights of Abbott and/or other parties is granted to or conferred upon you.
- LICENSE To ABBOTT
5.3 You are solely responsible for the User Content you post or upload to the Website/App and the consequences of posting it. By posting/uploading User Content, you represent, warrant, and covenant that: (i) you are the creator and owner of the User Content, or otherwise have sufficient rights and authority to grant the rights granted herein; (ii) the User Content does not and will not (A) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (B) slander, defame, or libel any other person, (C) be inaccurate, unlawful, harmful, threatening, abusive, harassing, vulgar, offensive, obscene, pornographic, objectionable, hateful, or promotive of discrimination, bigotry, racism, or hatred, as determined by Abbott in its sole discretion; (iii) the User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; or (iv) unless you have received prior written authorization, the User Content specifically does not contain any confidential information of any third party. Abbott reserve all rights and remedies against any users who breach these representations and warranties.
- INTELLECTUAL PROPERTY POLICY
8.1 Abbott respects the intellectual property of others and takes the protection of copyrights and all other intellectual property very seriously, and we ask our users to do the same. Infringing activity will not be tolerated on or through the Website/App.
8.2 Abbott’s intellectual property policy is to (a) remove material that Abbott believes in good faith, upon notice from an intellectual property owner or their agent, is infringing the intellectual property of a third party by being made available through the Website/App, and (b) remove any User Content posted to this platform by users who are “repeat infringers.” Abbott considers a “repeat infringer” to be any user that has uploaded User Content to the Website/App and for whom Abbott has received more than two takedown notices or complaints with respect to their User Content. Abbott has discretion, however, to terminate the account of any user after receipt of a single notification of claimed infringement or upon Abbott’s own determination.
9.1 Any data, comments or materials that you supply via the Website/App or provide to Abbott in order to receive support, including feedback data, such as questions, comments suggestions, or the like (“Feedback”), shall be deemed to be non-confidential and non-proprietary. Abbott shall have no obligation of any kind with respect to such Feedback and shall be free to reproduce, use, disclose, exhibit, display, transfer, create derivative works, and distribute the Feedback to others in perpetuity without limitation, except for health information and personal information which might be included in the Feedback. Furthermore, Abbott shall be free to use any idea, concepts, know-how, or techniques contained in such Feedback for any purpose whatsoever, including developing, manufacturing, and marketing products incorporating such Feedback, provided that, where required by law, we reach an agreement on our use and appropriate compensation with you prior to any such use. You shall not exercise moral rights such as right of paternity, right of publication, or right of integrity of the Feedback.
- Disclaimer of warranties; no reliance on the Content
10.1 You acknowledge and agree that:
a. Although we strive to provide on the Website/App the latest developments relating to our services under the a:care portfolio, and other information about Abbott, we do not warrant the accuracy, effectiveness and suitability of any information contained in the Website/App. Each person assumes full responsibility and all risks arising from use of the Website/App.
d. Abbott is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the Website/App, Abbott will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the Website/App. Such information should, therefore, be considered as suspect and is not endorsed by Abbott.
e. The Website/App may contain forward-looking statements that reflect Abbott’s current expectation regarding future events and business development. The forward looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. Abbott intends to update the Website/App on a regular basis but assumes no obligation to update any of the content.
- PRIVACY AND SECURITY/LIMITATION OF LIABILITY
11.2 You recognize and agree that when submitting your personally identifiable information to the Website/App, while Abbott has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. ALL ACCESS AND USE OF THE CONTENT AND THE WEBSITE/APP IS AT YOUR OWN RISK. NEITHER ABBOTT, NOR ANY OTHER ABBOTT GROUP COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITE/APP TO YOU SHALL BE LIABLE FOR ANY INTERCEPTIONS OR UNAUTHORIZED ACCESS, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFITS), OR PUNITIVE DAMAGES ARISING OUT OF ORIN SUFFERED BY A USER, EVEN IF ABBOTT HAS PREVIOUSLY BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ABBOTT DOES NOT WARRANT, EITHER EXPRESSLY OR IMPLIED, THAT THE INFORMATION PROVIDED BY ANY CUSTOMER SHALL BE FREE FROM INTERCEPTION OR UNAUTHORIZED ACCESS, AND DOES NOT PROVIDE ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. EACH USER IS RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF HIS OR HER OWN PASSWORD.
11.6 Some jurisdictions do not allow the exclusion or limitations of implied warranties, and therefore the above exclusions may not apply to you. You may also have other rights that vary from jurisdiction to jurisdiction and any statutory warranty rights remain unaffected by the provisions set out in this Section 11.
- LINKS TO OTHER SITES FROM THIS PLATFORM; THIRD-PARTY MATERIALS
13.2 By using the Website/App, you may encounter Content and data, information, applications, materials, and other content from third parties, including other users (collectively, “Third-Party Materials”) that may be offensive, indecent, or objectionable, and which may or may not be identified as having explicit language or other material. Abbott will not have any liability to you for any Content or Third-Party Materials that may be found to be offensive, indecent, or that is inaccurate, incomplete, untimely, invalid, illegal, indecent, of poor quality, or otherwise objectionable.
- GOVERNING LAW AND DISPUTE RESOLUTION; CONSEQUENCES
14.2 If a dispute arises between you and Abbott, our goal is to learn about and address your concerns as quickly as possible. If you have a potential concern, please contact us at firstname.lastname@example.org. If we are unable to resolve a potential concern to your satisfaction then you and Abbott agree that any claims and disputes can be litigated only in Chicago, Illinois, United States of America and we each agree to personal jurisdiction of the courts located in Chicago, Illinois, United States of America.
- DELETION OF YOUR A:CARE ACCOUNT
16.1 You may delete your account at any time. Your a:care account and all information stored in your a:care account will be deleted upon receipt and processing of your delete request, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests. Please be aware that it may take up to 72 hours to process your request.
16.3 Abbott may make any and all of your information collected through the Website/App anonymous and untraceable to you, and may therefore process and dispose of the data in any manner, including but not limited to any change, alteration, or transfer of the same. Such data will never be traceable back to you in any manner. Abbott has no responsibility for retaining/storing or backing up your a:care account.
16.4 You are solely responsible for retaining/maintaining/storing and backing up (electronically and/or with hard copies) any data that you wish to preserve. Abbott is not responsible for unauthorised access to, use of or alteration of your information. If you email, back up, take a screenshot of your account information or otherwise share any of your personal information or reports with third parties, that information may not be encrypted and Abbott will have no ability to manage the privacy or security of that information. You should take the steps that you determine are appropriate to protect the security of such information. Unless otherwise required by law, you agree that your a:care account is non-transferable and that any rights to have an a:care account or any data stored in the Website/App will terminate upon your death. Upon receipt of a copy of a death certificate users a:care account may be terminated and all data within deleted. Email email@example.com for further information.
17.3 Upon termination of your access to the Website/App, any and all data relating to your account may be irretrievably deleted by Abbott, except to the extent that we are obliged or permitted to retain the data for a certain period of time in accordance with applicable laws and regulations or to protect our legitimate business interests.
- ENTIRE AGREEMENT
- CONTACT US / SUPPORT
Free technical support is available or general enquiries will be directed to the appropriate support teams by contacting us at firstname.lastname@example.org
- NOTICE REGARDING APPLE
The Website/App is intended for a non-US audience only.