Terms of Use



PLEASE CAREFULLY READ THE FOLLOWING TERMS OF USE OF THE WEBSITE BEFORE USING OR REGISTERING ON THE WEBSITE OR ACCESSING ANY MATERIAL, INFORMATION OR FUNCTIONALITES THROUGH THE WEBSITE. THESE TERMS OF USE, TOGETHER WITH THE PRIVACY POLICY AVAILABLE AT  www.woundprofessional.com , AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE CONSTITUTE THE TERMS OF YOUR ACCESS TO AND USAGE OF THE WEBSITE. BY CLICKING ON THE ‘I ACCEPT’ BUTTON AT THE TIME OF REGISTRATION OR ACCESSING OR USING THIS WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY AND OTHER POLICIES WHICH MAY BE APPLICABLE TO THIS WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, THE PRIVACY POLICY, AND OTHER POLICIES WHICH MAY BE APPLICABLE TO SPECIFIC PORTIONS OF THIS WEBSITE PLEASE DO NOT ACCESS OR USE THE WEBSITE.

[Smith & Nephew Healthcare Pvt. Ltd.] (“Smith & Nephew” or “we” or “us” or “our”) operates the website www.woundprofessional.com. These terms and conditions apply when you (“you” or “user”) use our website at www.woundprofessional.com or via any device-based application, including without limitation applications for use on the iOS and Android OS systems (collectively the “Website”).

Smith & Nephew provides this Website for your general information only, and we reserve the right to delete, modify or supplement the content of this Website (including these terms) at any time for any reason without notification to anyone.

We do our best to ensure that the information on this Website is accurate and helpful at all times. However, we cannot ultimately warrant the accuracy of that information and so we cannot be held liable for any use or reliance you may make of or put on it.

The information on this Website is time-based, and may well no longer be an accurate reflection of our current position.

Though your selection and purchase of Smith & Nephew products may be facilitated by the Website, nothing on this Website should be construed as an offer to provide any product or service to you by Smith & Nephew. All transactions for sale of Products facilitated by this Website are offered and processed by the seller approved by Smith & Nephew from time to time (“Seller”). Smith & Nephew is not a seller of its products on the Website and shall not be privy to any contract for sale of products between you and Seller.  Offers of goods and services, including all terms and conditions of sale, shall be solely between you and the Seller. Any deficiency, liability or claim by whatsoever name called arising in relation to purchase of Smith & Nephew products through the Website shall be resolved by Seller only and all notices, summons, orders, injunctions or directions from a court of law or government body in relation to the sale of Smith & Nephew products over Website should be directed exclusively at the Seller. Smith & Nephew hereby disclaims any liability arising due to the sale or purchase of Smith & Nephew products over the Website.

Failure by Smith & Nephew to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver or such right or provision.

Using the Website

This Website is constructed, operated and maintained by a contractor of Smith & Nephew.  Any personal information submitted via the Website is collected by Smith & Nephew but may be processed by its contractors, including Seller. The collection, processing, storage, use and disclosure of your personal information is subject to Smith and Nephew’s Privacy Policy available at www.woundprofessional.com. 

This Website is restricted only to persons who hold a valid medical council registration number within India as a registered medical practitioner (“RMP”)or by individuals or body corporates who hold a valid license to purchase drugs and medical devices under Drugs and Cosmetics Act, 1940 (“Drugs License”).  Upon registration, users will be asked to provide a valid RMP registration number or a valid Drugs License.  These credentials will be verified and access to the Website will be limited to only those persons with a valid license.  You hereby grant Smith & Nephew as well as its contractor and their agents and representatives the right to verify your credentials and waive any objection that you may have against it. Smith & Nephew reserve the right to restrict, refuse or terminate any user’s registration or access to the Website without any notice and for any reason whatsoever, including without limitation, suspicion of user fraud, inability to verify or authenticate user information, loss of RMP registration number or Drugs license, or any  suspension or cancellation of your license to practice.  Termination of user access or refusal to grant user access to the Website may be temporary or indefinite at the sole discretion of Smith & Nephew.

You shall ensure that the registration Information provided by you in the Website's registration form is complete, accurate and up-to-date. Use of another user's account Information for accessing Website is expressly prohibited.

If you provide any information that is untrue, inaccurate, not current or incomplete (or becomes untrue, inaccurate, not current or incomplete), or Smith & Nephew has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Smith & Nephew has the right to suspend or terminate your account and refuse any and all current or future use of the Website (or any portion thereof).

You shall not have more than one active account on the Website. Additionally, you are prohibited from selling, trading, or otherwise transferring your account to another party.

You will be responsible for maintaining the confidentiality of the account Information, and are fully responsible for all activities that occur under your account. You agree to (a) immediately notify Smith & Nephew at wound.professional@smith-nephew.com of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Smith & Nephew cannot and will not be liable for any loss or damage arising from your failure to comply with this clause. You may be held liable for losses incurred by Smith & Nephew or any other user of or visitor to the Website due to authorized or unauthorized use of your account as a result of your failure in keeping your account information secure and confidential.

Any purchase of products and/or processing of payments for product purchases occur outside of our Website.  Smith & Nephew recommends that you carefully read the terms of any third party services when engaging in the purchase of products online.  These third parties may request personal and/or financial information from you in order to complete an order or process a payment.  Smith & Nephew will not ask for or collect such financial information from you.  Therefore, Smith & Nephew expressly disclaims all liabilities that may arise as a consequence of any unauthorized use of your financial information and/ or credit/ debit card.

You agree not to access (or attempt to access) the Website and the materials or functionalities by any means other than through the interface that is provided by Smith & Nephew. You shall not use any deep-link, robot, spider or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Website or content, or in any way reproduce or circumvent the navigational structure or presentation of the Website, materials or any content, to obtain or attempt to obtain any materials, documents or information through any means not specifically made available through the Website. When you use the Website and/or the Services You specifically undertake not to:
  • Use, share or post any content to which you do not have necessary rights;
  • Defame, abuse, harass, threaten or otherwise violate the legal rights of others;
  • Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Publish, post, upload, distribute or disseminate any content or engage in any activity
    • which is inappropriate, profane, defamatory, blasphemous, infringing, obscene, hateful, invasive of another’s privacy, racially or ethnically objectionable, disparaging, indecent or relating or encouraging money laundering or gambling;
    • which harms minors in any way;
    • which threatens the unity, integrity, defense, security or sovereignty of India, friendly relations with foreign states or causes incitement to the commission of any offence or prevents investigation of any offence or is insulting of any other nation;
  • Upload files that contain other material protected by applicable intellectual property laws unless you own or control the rights thereto or have received all necessary consents;
  • Upload or distribute files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Website or another's computer;
  • Engage in any activity that interferes with or disrupts access to the Website (or the servers and networks which are connected to the Website);
  • Attempt to gain unauthorized access to any portion or feature of the Website, any other systems or networks connected to the Website, to any server, by hacking, password mining or any other illegitimate means;
  • Probe, scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You may not reverse look-up, trace or seek to trace any information on any other user, of or visitor to, the Website, or any user, including any account that does not belong to you, to its source, or exploit the Website or functionality or information made available or offered by or through the Website, in any way whether or not the purpose is to reveal any information, including but not limited to personal identification information, other than your own information, as provided for by the Website;
  • Disrupt or interfere with the security of, or otherwise cause harm to, the Website, systems resources, accounts, passwords, servers or networks connected to or accessible through the Websites or any affiliated or linked sites;
  • Collect or store data about other users.
  • Use any device or software to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website;
  • Use the Website or content for any purpose that is unlawful or prohibited by the Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Smith & Nephew or other third parties;
  • Conduct or forward surveys, contests, pyramid schemes or chain letters;
  • Violate any professional code of conduct or other guidelines, which may be applicable;
  • Violate any applicable laws or regulations for the time being in force within or outside India;
  • Violate the terms herein; and
  • Reverse engineer, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information or software obtained from the Website.
You agree that you are solely responsible to Smith & Nephew and to any third party for any breach of your obligations under the Terms of Use and for the consequences (including any loss or damage which Smith & Nephew (or its contractors, affiliates or vendors may suffer) for any such breach.

Electronic and other Communications

You hereby consent to receive communications by way of telephone calls, SMS, e-mails from Smith & Nephew.  Smith & Nephew and the Seller may also communicate with you by posting notices on or through the Website.  By using the Website, you agree to such communications, which may include without limitation notification of Website content updates, product advertisements, product order confirmation, delivery updates, or Smith & Nephew marketing materials.

Third Party Content, Sites and Services

The Website and content and features available may contain features and functionalities that may link or provide you with access to third party content which is completely independent of the Website , including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole.

Your interactions with organizations and/or individuals found on or through the Website, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organization and/or individuals.  You should make whatever investigation necessary or appropriate before proceeding with any online transaction with any of these third parties.  The terms of use and privacy policy of such third parties may differ from ours, and Smith & Nephew does not have any control over that information.  Smith & Nephew therefore encourages you to read the third party usage terms and conditions and privacy and other policies before responding to any offers, products or services provided by such other parties and/or using their website(s).  Smith & Nephew does not endorse or otherwise accept responsibility for the content or privacy or other policy of such third party sites.

You agree that Smith & Nephew shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.  If there is a dispute between you and any third party, you understand and agree that Smith & Nephew is under no obligation to become involved.   In the event that you have a dispute with one or more third parties, you hereby release Smith & Nephew, its directors, officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes.

Contributions

Apart from your personal information which we are constrained to use as per the Privacy Policy, and subject to the terms related to user intellectual property described below, any contributions you send to this Website are on a non-confidential basis, and we are under no obligation to refrain from reproducing, publishing, or otherwise using them in any way or for any purpose. That means that Smith & Nephew shall be free to use the content of any such communications, including any ideas, inventions, concepts, techniques or know-how disclosed therein, for any purpose without compensation or attribution to you, including developing, manufacturing and/or marketing goods or services. So please do NOT submit any confidential information to us; anything you submit will not be held in confidence, but will be treated as publicly-available information.

Warranty and Liability

SMITH & NEPHEW MAKES NO REPRESENTATIONS, WARRANTIES OR ASSURANCES AS TO THE AVAILABILITY, ACCESSIBILITY, RELIABILITY, EFFECTIVENESS, ACCURACY, CURRENCY OR COMPLETENESS OF THIS WEBSITE, ITS CONTENTS AND FUNCTIONALITIES. THE WEBSITE AND ITS CONTENT AND FUNCTIONALITIES ARE PROVIDED ON AN “AS IS” BASIS. SMITH & NEPHEW, ITS AFFILIATES, PARTNERS AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INCIDENTAL, DIRECT, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE OR WHETHER OR NOT SMITH & NEPHEW HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR BASED ON ANY THEORY OF LIABILITY, INCLUDING BREACH OF CONTRACT OR WARRANTY, NEGLIGENCE OR OTHER TORTIOUS ACTION, OR ANY OTHER CLAIM IN ANY EVENT, INCLUDING WITHOUT LIMITATION THOSE ARISING OUT OF OR IN CONNECTION WITH ANY FAILURE OF TRANSMISSION, COMMUNICATION, COMPUTER OR OTHER FACILITIES, YOUR ACCESS TO, OR INABILITY TO ACCESS THIS WEBSITE, OR FROM YOUR RELIANCE ON ANY INFORMATION PROVIDED AT THIS WEBSITE. SMITH &  NEPHEW (AS WELL AS ITS AFFILIATES AND PARTNERS) WILL HAVE NO LIABILITY RELATED TO USER CONTRIBUTION ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. SMITH & NEPHEW ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER CONTRIBUTION.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW SMITH & NEPHEW WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A CONSEQUENCE OF UNAUTHORIZED USE OF YOUR ACCOUNT OR ACCOUNT INFORMATION IN CONNECTION WITH THE WEBSITE, EITHER WITH OR WITHOUT YOUR KNOWLEDGE. SMITH & NEPHEW HAS ENDEAVORED TO ENSURE THAT ALL THE INFORMATION ON THE WEBSITE IS CORRECT, BUT SMITH & NEPHEW NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE QUALITY, ACCURACY OR COMPLETENESS OF ANY DATA.

In relation to the Smith & Nephew products shown on the Website, unless otherwise noted, its product labelling is for the country shown. Products shown may not be available in all countries or may be known by a different name. Indications for use may vary from country to country. You should read the package insert prior to use. Customer Service is available to help with product information or questions. The information provided here is not a substitute for medical care. You acknowledge that information and software accessible over the internet may contain viruses, and other malicious and damaging objects. You acknowledge that it is your responsibility to adequately protect yourself as you browse websites and run applications, and that we shall not be liable for any loss which results from your access to this Website.

With the exception of websites under our control, if this Website is linked to from other websites, or if other websites are linked to from this Website, Smith & Nephew does not endorse or have any responsibility for the content of such other websites, and Smith & Nephew shall not be liable for any damages or injury arising from the content of any other website. You acknowledge that the content contained in and displayed on this Website is intended for RMPs only and that neither the content of the Website nor any output from the Website or its interactive features constitutes medical advice.  It is the responsibility of treating physicians to determine and utilize the appropriate products, treatment pathways and techniques, according to their own clinical judgment, for each of their individual patients.  No warranties or representations are given in respect of the medical information, and neither Smith & Nephew nor the platform operator shall be liable for any injury or loss suffered from or in connection with use of the medical information, content or output from this Website.

Intellectual Property

The content including but not limited to all text, graphics, user interfaces, visual interfaces, sounds and music (if any), artwork and computer code of this Website is owned or controlled by Smith & Nephew and its licensors and is protected under applicable copyright and trademark laws. You may download content only for your personal use for non-commercial purposes as per the terms contained herein, but no modifications or further reproduction of the content is permitted without the express prior written permission of Smith & Nephew. The content otherwise may not be copied or used in any way.The ownership of the copyright on all content, including content contributed by users of the Website is held by Smith & Nephew, and its use is expressly forbidden without our prior consent in writing. You acknowledge the transfer of ownership of copyright to Smith & Nephew of anything that you contribute to the website.

All trademarks are acknowledged

The trademarks displayed on Website are registered or are otherwise protected under trademark law and nothing contained in these conditions or the Website should be construed as granting any licence or right to use any of the trademarks without our permission. However, copying and printing of those web pages which contain the trademarks and copyright is permitted within the scope of the licence set forth below. You may download to a local hard disk and print extracts from the Website solely for personal, non-commercial use. You may also recopy downloaded extracts to others for their personal, non-commercial use. You may not reproduce part or all of the contents of the Website in any form unless it is for personal, non-commercial use.

You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other). You may link to our home page, or other pages on our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link from any website that is not either owned or controlled by you. Our Website must not be framed on any other website.

If you wish to make any use of material on our Website other than that set out above, please address your request to wound.professional@smith-nephew.com

If you believe that any content, feature or functionality on the Website does not comply with these Terms of Use or applicable law, you may report such to wound.professional@smith-nephew.com.

Indemnification

You agree to indemnify, defend and hold harmless Smith & Nephew, its affiliates, contractors and partners and their employees, directors, agents and representatives from and against any and all losses, liabilities, claims, damages, demands, costs and expenses (including legal fees and disbursements in connection therewith and interest chargeable thereon) asserted against or incurred by the indemnified parties that arise out of, result from, or may be payable by virtue of (i) any breach or non-performance of any representation, warranty, covenant or agreement made or obligation to be performed by you pursuant to these Terms of Use; or (ii)  any claims made by any third party due to, or arising out of, or in connection with, your use of the Website; or (iii)  any claim that any content, information or materials provided by you caused damage to a third party; or (iv) your violation of the Terms of Use; or  (v) your violation of any rights of another, including any intellectual property rights.

Term

The Terms of Use will continue to apply until terminated by either you or Smith & Nephew as set forth below. If you want to terminate your agreement with Smith & Nephew to use Website, You may do so by (i) not accessing the Website; or (ii) closing your accounts on the Website. You agree that Smith & Nephew may, in its sole discretion and without prior notice, terminate your access to the Website and block your future access to the Website if Smith & Nephew determines that You have violated the Terms of Use. You also agree that any violation by you of the Terms of Use will cause irreparable harm to Smith & Nephew, for which monetary damages may be inadequate, and you consent to Smith & Nephew obtaining any injunctive or equitable relief that Smith & Nephew deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Smith & Nephew may have at law or in equity.

In addition to the above, Smith & Nephew may, at any time, with or without notice, terminate the Terms of Use (or portion thereof) with you if:
  • Smith & Nephew is required to do so by law (for example, where the functionality and/or facilitation of sale of Smith & Nephew products over the Website to You becomes unlawful), or upon request by any law enforcement or other government agencies;
  • The operation of Website or its functionality is, in Smith & Nephew's opinion, no longer commercially viable;
  • Smith & Nephew has elected to discontinue, with or without reason, access to the Website (or any part thereof); or
  • In the event Smith & Nephew faces any unexpected technical issues or problems that prevent the Website from working.
Smith & Nephew may also terminate or suspend all or a portion of your account or access to the Website with or without reason. Termination of your account may include: (i) removal of access to all functionalities and contents within the Website (or part thereof); (ii) deletion of account information, including your personal information, log-in ID and password, and all related information, files and materials associated with or inside your account (or any part thereof), and any content uploaded by you; and (iii) barring of further use of the Website or its functionalities or both.
You agree that all terminations shall be made in Smith & Nephew's sole discretion and that Smith & Nephew shall not be liable to you or any third party for any termination of your account (and accompanying deletion of your account information), or your access to the Website and its functionalities.
The terms under the Terms of Use as are meant to survive termination / expiry, will survive indefinitely unless and until Smith & Nephew chooses to terminate them.

General

This statement is subject to change, and Smith & Nephew will not proactively notify you of any such changes. It is your responsibility to ensure you visit this web page regularly to review any changes that may have been made since your previous visit. All notices of Smith & Nephew will be served by email or by general notification on the Website. Any notice provided to Smith & Nephew pursuant to the Terms of Use should be sent to Smith & Nephew customer support at wound.professional@smith-nephew.com or the customer call centre number at +91-9619008877.

You cannot assign or otherwise transfer your rights under the Terms of Use to any third party. Smith & Nephew's rights under the Terms of Use are freely transferable by Smith & Nephew to any third parties without the requirement of seeking your consent.

The Terms of Use are governed in all respects by the laws of India and any dispute arising out of or in connection with the Terms of Use or other agreements and arrangements connected to or being the result of these Terms of Use or related to any violation, termination or nullity of the Terms of Use shall be sought to be resolved amicably within 45 business days. If the parties cannot resolve the dispute within such period, the dispute shall be referred to and finally settled by binding arbitration under the Rules of the London Court of Arbitration (LCIA). The place of arbitration shall be Mumbai. The arbitral procedure shall be conducted in the English language. The arbitral tribunal shall be composed of one arbitrator and in default of the relevant Party’s agreement as to the arbitrator within 30 days of the dispute being referred to arbitration, the appointing authority shall be the LCIA. Nothing in this Agreement shall preclude either Party from seeking injunctive or other similar relief through the courts of Mumbai.

This statement was last updated on 1 June 2016.

Copyright © 2016 Smith & Nephew