Material – shall mean a single material, including audio-visual material made available, free of charge, via the Online Service, in such manner that any User is capable of gaining access thereto at the place of their choosing and at the specified time.
Online Service – shall mean the online platform operating on www.janssen.tv via which provides the Services.
Viewing – shall mean reproduction of the Material by means of the dedicated computer software, by way of a streaming webcast executed by the User via the Online Service’s website.
Services – shall mean the services provided by electronic means via the Online Service, in particular the services of granting access to the Material.
User – shall mean any person using the Material.
II. General Provisions
- These regulations (hereinafter the “Regulations”) set forth the principles of executing Material or Viewing by particular providers via the Online Service The Users shall be obliged to use the Online Service in compliance with the applicable laws, social and behavioral standards as well as the provisions of these Regulations.
- The entity which owns the Online Service shall be Janssen-Cilag Sp. z o.o., a limited liability company with its registered seat in Warsaw, ul. Iłżecka 24, 02-135 Warszawa, entered into the Register of Entrepreneurs of the National Court Register kept by the District Court for the capital city of Warsaw, 13th Commercial Department of the National Court Register under no. KRS 0000143626, holding NIP [tax identification number] 5222665719 and REGON [business statistical number] 015296339 and having the e-mail address email@example.com (hereinafter the “Janssen Polska”).
- These Regulations constitute the regulations referred to in Article 8 of the Act of 18 July 2002 on Provision of Electronic Services (Journal of Laws No. 144 item 1204, as amended).
- Janssen Polska enables – via the Online Service – other entities of Johnson & Johnson capital group to share Materials with Users via the Online Service.
- The Users of the Online Service may access and print out these Regulations at any time using a link displayed at the bottom of the page, accessible from every page of the Online Service.
- The materials found within the Online Service are intended for the Users residing in Europe.
- During live publication of the Material, a chat functionality may be made available to enable the Users to ask questions. Persons participating in the chat shall be identified by other Users by their first name, town/city and country. The questions asked by the Users shall be moderated so as not to impact adversely the publication of the Material. The Users’ questions must not violate the applicable laws, the Regulations and the principles of community life or good practices. Otherwise, they shall be rejected without being published. The Users shall post and disseminate their statements and questions in their own name, for their own account and at their own risk.
- Janssen Polska is not a provider of the Internet service. Possession of a device with the Internet access shall be required for using the Online Service. The functionalities made available via the Online Service may be used to the full extent provided that the User’s device satisfies the applicable technical requirements defined in Item VIII of the Regulations. Users of the Online Service shall be exclusively responsible for assuring technical compatibility between their computer system and the Online Service.
- Janssen Polska reserves the right to suspend, withdraw or modify the functionalities of the Online Service for legal or technical reasons, including:
- privacy and data protection considerations or other legal considerations associated with the content or mode of operation of the Online Service; or
- technical difficulties involved in the operation of the Online Service or the Internet. Neither shall Janssen Polska be liable for unavailability of the Online Service for reasons beyond its control and due to unforeseen circumstances.
- Janssen Polska reserves the right to suspend or terminate the activity of the Online Service at any time for any reason. In such case, the registered Users shall be notified thereof with ample notice.
III. Registering in the Online Service
- The Online Service shall be made available exclusively to the registered Users and solely the Users holding a physician’s license and authorized to practice their profession in the territory of the Member States of the European Union granted in compliance with the locally applicable regulations shall be allowed to register in the Online Service. Registration in the Online Service shall also be conditional upon acknowledgement of awareness of the provisions of these Regulations and their acceptance as well as agreeing for the Material’s provider to process personal data, i.e. first name, surname, e-mail address, professional license number as well as the name and address of the unit in which the User practices his or her profession, to enable registration in and granting access to the Online Service.
- When registering in the Online Service, the User shall complete the registration form by providing his or her true, accurate and up-to-date personal data, in particular his or her first name, surname, e-mail address, number of the physician’s license as well as the name and address of the unit in which the User practices his or her profession.
- The User shall be obliged to update, on an ongoing basis, the data provided during the registration in the event of their change. Janssen Polska shall not be liable for the consequences of the Users providing untrue data or failing to update the same.
- The Users undertake to keep their login passwords in the Online Service strictly confidential and to assume liability for all consequences of third-party use of their passwords.
- When the data provided by the User at the registration are found to be misleading, incomplete or inaccurate, Janssen Polska shall be authorized to remove any account comprising such misleading, incomplete or inaccurate information and to cancel the registration. In such case, the User shall not be entitled to any claims against Janssen Polska arising from the aforementioned removal of the User’s account and cancellation of the registration.
- If the User’s account data (login and password) are found to be unlawfully used by third parties, the User shall be obliged to promptly change the account’s password and notify the Provider thereof via electronic mail.
- For safety reasons or out of other material organizational or technical considerations, Janssen Polska may request the Users to change their passwords used for gaining access to the Online Service.
- The User shall authorize Janssen Polska to use all measures deemed necessary to verify the User’s identity and physician’s license.
- Using the Online Service via the accounts of the other Users or letting third parties use one’s own account shall be unacceptable.
- The Online Service shall be used by the Users for the purposes referred to in Section 1. above. This means that the Users cannot use the Online Service for any other purposes.
- The Users must not act fraudulently when using the Online Service. Also, the Users shall not be allowed to take any measures likely to result in interruption of or interference with the operation of the Online Service.
- Janssen Polska reserves the right to suspend or deny access by any of the Users to the Online Service or part thereof if the User’s conduct violates the Regulations, applicable laws, principles of community life or good practices. No person whose access to the Online Service has been suspended or denied can register once again or use the Online Service without the prior consent of Janssen Polska.
VI. Liability of Janssen Polska
- Janssen Polska shall be liable for proper operation of all functionalities of the Online Service.
- The fact that any online services owned by third parties are connected with the Online Service via a link does not suggest that Janssen Polska has granted its consent to or assumed liability for the operation of those services or for their content.
- Whenever a third party uses the User’s account, the User shall be exclusively liable for that party’s actions regardless of whether or not he or she was authorized to access the account. In that respect, the User undertakes to compensate Janssen Polska for any losses arising from the third party’s access to the User’s account and to indemnify Janssen Polska against such cases.
- Janssen Polska shall not be liable for any shortcomings in discharge of the Provider’s duties arising from these Regulations caused by circumstances occasioned through no fault of the Provider.
- The Provider shall not be liable for any losses or damage sustained by the User as a result of operation of Force Majeure, power outage, labour dispute, operation of applicable laws, negligence or inaction on the part of national authorities, breakdown of telecommunications services or any delays or breakdowns caused by third parties. In such cases, Janssen Polska reserves the right to cancel or suspend operation of the Online Service without incurring any liability.
- Janssen Polska shall not be liable for any breakdowns of the User’s hardware or of the software used by the User, regardless of its location and place of administration, likely to disable access to the Online Service or prevent the User from contacting the Online Service.
VII. Intellectual Property
- All copyright, trademarks and other intellectual property rights pertaining to the Online Service or used therein shall constitute the sole property of Janssen Polska. Copying, disseminating, presenting to the general public or developing any derivative works based on the Online Service or any other materials obtained via the Online Service without the prior written consent of Janssen Polska shall be prohibited.
- Exercise of any intellectual property rights vested in Janssen Polska for the purposes other than those strictly associated with the use of the Online Service in the mode specified hereunder shall be prohibited.
VIII. Complaints Handling Procedure
- All complaints relating to the Online Service can be lodged in any format, including, without limitation, to the electronic mail address of firstname.lastname@example.org.
- As a minimum, a typical complaint should comprise the first name, surname and login of the complainant as well as the detailed description and cause of the complaint.
- Complaints shall be processed promptly after their receipt on a first come first served basis.
- The complainant shall be notified of the result of the complaint procedure in the same manner in which the complaint was lodged or by post sent to the address provided in the complaint.
IX. Technical Requirements
- Proper use of the Online Service shall be possible subject to satisfaction of the following minimum technical requirements by the User’s ICT system:
- connection of the User’s PC/tablet/smart phone to the Internet via a ISDN 1.5 Mb/s link, as a minimum;
- use of the most recent version of one of the following browsers: Google Chrome, Internet Explorer, Mozilla Firefox or Safari, along with enabled Adobe Flash Player current extension support; and
- use of a PC with a minimum 2.33GHz class x86-compatible or Intel® Atom™ 1.6GHz CPU or a more powerful CPU for netbooks, with 1GB RAM and a sound card with correctly connected speakers.
X. Final Provisions
- Janssen Polska reserves the right to assign, in part or in whole, the Provider’s rights and obligations arising from the Regulations and from the operation of the Online Service to third parties. No User of the Online Service may, without the written consent of Janssen Polska, assign or waive his or her rights and obligations arising from the Regulations and from the use of the Online Service.
- If any provision of the Regulations is found, in the manner envisaged by law, to be invalid or unenforceable, this shall not affect the validity or enforceability of the remaining provisions of the Regulations.
- Janssen Polska may suspend or close a User’s account and refuse further provision of the Services if the User is in breach of the terms of these Regulations or if Janssen Polska reasonably believes that the User’s actions are likely to give rise to legal liability on the part of the User or of any third parties.