Terms of Use

Product information available on www.MyMyrbetriq.ca is intended for residents of Canada only.

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE (“Terms of Use”). BY USING THIS WEBSITE, INCLUDING ANY SERVICES PROVIDED ON OR THROUGH THIS WEBSITE (the “Site”), YOU INDICATE THAT YOU ACCEPT THESE TERMS OF USE. IF YOU DO NOT ACCEPT THESE TERMS OF USE, DO NOT USE THIS SITE.

As the administrator of the Site, Astellas Pharma Canada, Inc. (“Astellas”) may at any time revise these Terms of Use by updating this posting, so you should periodically examine the current Terms of Use to which you are bound. Last updated April 2019.

THIS SITE IS INTENDED FOR CANADIAN RESIDENTS ONLY

The Content provided on this Site is provided for Canadian residents only. Astellas makes no representations that the Content is appropriate for residents of other jurisdictions. Any product discussed on this Site is only for the Canadian market. Astellas makes no representations that these products are available anywhere outside of Canada or are legal for sale in any jurisdiction outside of Canada.

By accepting these Terms of Use and by using this Site, you acknowledge that you are at least the age of majority in your province or territory of residence.

YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THIS SITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCTS DISCUSSED ON THIS SITE.

PRIVACY

Our policies concerning the use of your personal information are set forth in the MyMyrbetriq.ca Internet Privacy Statement and are incorporated by reference herein. By using this Site or the services provided by or through this Site (“Services”), to the maximum extent permitted by applicable law, you agree to waive and release Astellas from any claim or liability in connection with the collection, use, or disclosure of information consistent with MyMyrbetriq.ca Internet Privacy Statement.

SITE CONTENT

All material on the Site including, but not limited to, pictures, illustrations, designs, icons, text, audio clips, video clips, names, trade-marks, trade names, and logos (collectively, the “Content”) and all intellectual property rights therein, are owned, controlled, or licensed by Astellas or other individuals or organizations and are protected by worldwide intellectual property laws. You may use Site Content for your personal use for non-commercial purposes but no modification or further reproduction of Content is permitted. The Site Content may not otherwise be copied, downloaded, reproduced, deleted, modified, republished, retransmitted, displayed, or used to create derivative works or performances without the express written permission of Astellas or the respective owner of such Content, as applicable. All other rights reserved.

Names, trade-marks, service marks, trade names, trade dress, logos and products of Astellas appearing on this Site are protected by worldwide trade-mark laws and may not be used for advertising or publicity purposes, or to indicate any affiliation with or endorsement by Astellas, except with the express written permission of Astellas.

Except as expressly provided above, nothing contained herein shall be construed as conferring to you any license or right in the Content. Other product, service and company names mentioned on the Site are for identification purposes only and may be trade-marks of their respective owners.

SUBMISSIONS

Any submissions you send to this Site or otherwise to Astellas by electronic mail, (the “Submissions”) with the exception of personally identifiable information as defined in the Astellas Internet Privacy Statement, shall be deemed to be non-confidential and Astellas shall have no obligation of any kind with respect to such Submissions. For the consideration of having the opportunity to send your Submissions to Astellas, you agree that Astellas shall exclusively own the Submissions and hereby perpetually and irrevocably assign all rights in the Submissions to Astellas and waive all moral rights associated thereto. Astellas shall be free to use, without compensation to you, any ideas, concepts, know-how or techniques contained in the Submissions for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating the Submissions.

OBLIGATIONS OF SITE VISITORS OR USERS

You agree not to do any of the following while visiting or using the Site or any services provided by or through the Site:

  • Impersonate or misrepresent your affiliation with any person or entity;
  • Except as expressly permitted by the rules of this Site, post or transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters” or any other form of solicitation on the Site or through the Services;
  • Post or transmit any material that is inaccurate, defamatory, offensive, indecent, obscene, or unlawful;
  • Post or transmit any software which contains a virus, Trojan horse, worm or other harmful component;
  • Violate any applicable law or regulation, including without limitation any local, state, provincial, national or international law, any export control laws, or any regulations promulgated by any state or federal authority;
  • Access or use password protected, secure or non-public areas of the Site without authorization; or
  • Frame, repackage, or otherwise re-distribute any portion of the Site.

Astellas may, at its sole discretion, take any action Astellas deems necessary, including, but not limited to, taking legal action or terminating your access to the Site, if Astellas believes your conduct fails to conform with these Terms of Use or may create liability for Astellas, its partners, its suppliers or other users. Astellas will not be liable to you or any third party as a result of such termination or modification. The terms and conditions provided in these Terms of Use will survive any such termination or modification.

SECURITY

If you choose to open an account on this Site, you are responsible for (a) maintaining the confidentiality of your user account and password; (b) not allowing another person to use your user account and password to access the Site, (c) any damages or losses that may be incurred or suffered by Astellas or any third party as a result of your failure to maintain the confidentiality of your user account and password; and (d) promptly informing Astellas in writing of any potential or actual security concerns regarding your user account or password.

LINKS TO OTHER WEBSITES

Links from or to websites outside the Site are meant for convenience only. Astellas does not review, endorse, approve or control, and is not responsible for any websites linked from or to the Site, the content of those websites, the third parties named therein, or their products and services and Astellas makes no representations or warranties regarding the accuracy or any other aspect of the content located on such websites. Linking to any other website is at your sole risk. On entering these other websites, you are encouraged to review and understand the terms and conditions governing their use.

Links on this Site, particularly those to other Astellas websites, may lead you to content on products and services that are not available in Canada. The existence of a link on this Site is not to be taken as implying that such products and services are, or will be made, available in Canada. Where the product or service is made available by Astellas, we encourage you to consult with Astellas to ascertain the manner in which Astellas can best serve your needs.

No endorsement or approval of any third parties or their advice, opinions, content, products or services is expressed or implied by any Content or links to websites, unless such endorsement is expressly stated by Astellas.

ADVICE DISCLAIMER

The Content is provided for informational purposes only and is not, nor is it intended to be construed as medical, legal, financial, investment, or other professional advice, opinion or represent a comprehensive or complete statement of the issues addressed on this Site. We do not offer personalized medical advice or patient-specific treatment advice. Only your doctor or other healthcare professional can determine if a product described in this website is appropriate for you. Use of this Site is not a substitute for a call or visit to, or consultation with, your physician or healthcare professional. You should not rely on the Site or any other service offered by or through this Site for medical diagnosis or treatment. Medical advice should always be sought from a qualified medical practitioner. YOU SHOULD NEVER DISREGARD OR DELAY SEEKING MEDICAL ADVICE BECAUSE OF SOMETHING THAT YOU HAVE SEEN ON THIS SITE. PLEASE CONSULT WITH YOUR DOCTOR, OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL, BEFORE USING ANY PRODUCT DISCUSSED ON THIS SITE.

DISCLAIMER OF WARRANTIES

THIS SITE, INCLUDING ANY CONTENT, PRODUCTS, SERVICES, OR MATERIAL MADE AVAILABLE ON OR THROUGH THIS SITE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASTELLAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. ASTELLAS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT AT THIS SITE AND MAY MAKE CHANGES TO THE CONTENT AT THIS SITE, INCLUDING TO THE PRODUCTS OR SERVICES DESCRIBED AT THIS SITE, AT ANY TIME WITHOUT PRIOR NOTICE TO USERS OF THIS SITE. INFORMATION AT THIS SITE THAT IS PERIODICALLY UPDATED MAY NOT BE CURRENT AT THE MOMENT YOU VISIT THIS SITE AND MAY CONTAIN ERRORS. ASTELLAS MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; THAT MESSAGES OR REQUESTS WILL BE DELIVERED; THAT DEFECTS WILL BE CORRECTED; OR THAT THIS SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE ABOVE EXCLUSIONS MAY NOT APPLY IN JURISDICTIONS THAT DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES.

NO LIABILITY

In no event will Astellas be liable for any damages whatsoever, including but not limited to direct, indirect, incidental, punitive, and consequential damages (including without limitation those resulting from lost profits, lost data or business interruption) arising out of the use, inability to use, or the results of use of this Site, any websites linked to this Site, the materials or Content contained at any or all such sites, or the materials, products or services offered on this Site or sites linked to this Site, whether based on warranty, contract, tort or any other legal theory and whether or not advised of the possibility of such damages. In no event will Astellas, its suppliers, or any other party involved in creating, producing, or delivering this Site be liable to you in any manner whatsoever for any design made or action or non-action taken by you in reliance upon Content provided through this Site. Applicable law may not allow the exclusion or limitation of incidental or consequential damages so the above limitation or exclusion may not apply to you.

GENERAL

This Site is owned and operated by Astellas Pharma Canada, Inc. These terms and conditions contained herein represent the entire agreement between you and Astellas. By using this Site, you agree that any disputes arising from your use of this Site shall be governed exclusively by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You agree not to raise conflict of laws principles in an attempt to defeat the application of these laws and you expressly consent to the exclusive forum, jurisdiction and venue of the courts of Ontario and/or the Federal Court of Canada. The section titles are for convenience only and have no legal or contractual effect. If a court of competent jurisdiction finds that any provision of these Terms of Use is invalid or unenforceable, you agree that the other provisions of these Terms of Use will remain in full force and effect.