Inflectra^® Treatment Decision Aid

TERMS OF USE FOR HEALTHCARE PROFESSIONALS

Overview & Objective

Inflectra Treatment Decision Aid (ITDA)® is a web-based tool managed and administered by Mind Digital Group on behalf of Pfizer Limited for use by gastroenterology physicians (Physicians or End Users) in the United Kingdom who may be sole practitioners, healthcare professionals working in partnerships, incorporated bodies or other types of practice (Clinics) to aid the decision making in relation to treatment of patients with Crohn’s Disease or Ulcerative Colitis.

The ITDA tool comprises a software programme and a supporting database.

ITDA is classified as a Class I Medical Device in the EU, and has been CE marked in accordance with applicable EU legislation and guidance. Pfizer Inc is the Legal Manufacturer of ITDA. Pfizer Healthcare Ireland Limited is the EU Authorised Legal Representative of ITDA.

The term ‘Pfizer’ in these Terms of Use means Pfizer Limited, Ramsgate Road, Sandwich, Kent, CT13 9NJ.

BY USING ITDA YOU CONFIRM THAT YOU ARE AGREEING TO THE TERMS OF USE OF ITDA.

• End Users. End Users who may be sole practitioners, healthcare professionals working in partnerships, incorporated bodies or other types of practice will access the ITDA tool individually through their own End User account.
• Registration. Each End User will be directed to the ITDA website by their Pfizer Representative, where they can then register for an individual account. Pfizer Representative will then validate their request to register and grant access to the ITDA.
• End User Accounts and access controls. ITDA will capture the name, surname, email address and employment address for each of the End Users in order to create their individual account in the ITDA system (‘End User Account’). Each End User Account will have a unique user ID comprising of End User’s email address and will be password protected. Each End User will be solely responsible for ensuring that their user ID and password are kept confidential and are not used by any person. Each End User is also solely responsible for all activities that occur whilst using their Account. Pfizer reserves the right to suspend any or all End User Accounts and to withdraw ITDA at any time for any reason.
• Cookies. ITDA requires a session cookie to be placed on your device(s) (see the ITDA Privacy Policy with the link below for details) and you agree to it being placed and used. We will notify you if these change.
• Internet access and security. ITDA is a web based tool and may require access to the internet via a wireless carrier, internet service provider or other method of internet access (Network Provider). Access to ITDA may not be available without an internet connection. You are solely responsible for all charges from your Network Providers. You acknowledge and accept that use of the internet is not always secure and any use of the internet or any insecure networks by the End Users (including but not limited to wireless hotspots) is at your own risk (see the Privacy Policy for details of the security employed for data held in ITDA).
• Use of ITDA. You agree to act lawfully at all times in using and accessing ITDA and you will not do anything which damages, interferes with, disrupts access to, interrupts or impairs the functionality of ITDA or inhibits other users use of the tool.
• Content. You agree that access to and use of ITDA and its content is at your own risk. Pfizer and/or its technical service providers may add, alter or delete materials from ITDA at any time at its discretion. Pfizer will use reasonable efforts to include accurate and up-to-date information on ITDA but gives no warranties, undertakings or representations of any kind as to its accuracy, currency, quality, completeness or fitness for purpose. Pfizer disclaims all warranties, express or implied to the fullest extent permitted by law. Neither Pfizer, its affiliates, nor any other person involved in creating, producing or delivering ITDA shall be liable for any loss, damage or cost whatsoever, whether in contract, tort (including negligence) or otherwise arising from reliance on information contained in ITDA or as a result of access to, use of, or inability to use ITDA, or in respect of any errors or omissions in its content. This limitation includes any loss, damage or cost caused by any viruses or other harmful device that infects your computer equipment, software or data.
• Third Party Websites and Links. ITDA may contain links or references to other websites maintained by third parties over whom Pfizer has no control. Such links are provided merely as a convenience. Pfizer makes no warranties, undertakings or representations of any kind as to the accuracy, currency, quality, completeness or fitness for purpose of any information contained in such websites and shall have no liability for any loss, damage or cost of any kind arising from such information. Inclusion of any third party link does not imply an endorsement or recommendation by Pfizer.
• Non-Confidential Information. Any communication or other material that you send to Pfizer through the internet or post on the website by electronic mail or otherwise, such as any questions, comments and suggestions, is and will be deemed to be non-confidential and Pfizer shall have no obligation of any kind with respect to it. Pfizer shall be free to use any ideas, concepts, know-how or techniques contained in these communications and materials for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products without any liability or obligation, financial or otherwise, to any person.
• Intellectual Property Rights. All copyright, patents, database rights, trade marks, designs, know-how and confidential information (whether registered or not), and all other intellectual property rights existing in this website and the ITDA tool are owned by Pfizer and/or Pfizer’s licensors. The contents of ITDA may only be copied for non-commercial individual reference and provided that all copyright or other proprietary notices are retained and unaltered and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly permitted, neither the Clinic nor any End User may copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in ITDA or any part of it in any electronic medium or in hard copy, or create any derivative work based on it, without Pfizer’s express written consent (this does not prevent a Clinic or End User making a copy of any patient data which is necessary for compliance with medical ethics obligations). In addition, Pfizer and ITDA names and logos are trademarks, and may not be used without Pfizer’s written permission. The misuse of Pfizer’s trademarks or any other materials is prohibited and may be in breach of copyright law, trademark law and/or other laws. Please note that Pfizer actively and aggressively enforces its intellectual property rights to the fullest extent of the law.
• Security breaches. You agree to notify your Pfizer Representative immediately of any unauthorized use of your End User’s account or any other breach of security.
• Relationship with patients. The relationship between an End User and any patients of the Clinic or End User is entirely a private matter between the End User and the patient(s) and the End User will ensure that the End Users will not do anything that will create any binding obligation on Pfizer to any patients or any other person except as expressly permitted by these Terms of Use.
• Data protection. The End User acknowledges and agrees that under EU and Swiss privacy laws, Pfizer Limited will be a data controller in respect of the End User data. The End User acknowledges and agrees that it is solely responsible for compliance with local data protection laws and for ensuring that each patient is provided with details of how his or her personal data may be used and for obtaining all necessary consents of patients for registrations and authorisations, where applicable, with and by regulators. The End User acknowledges that third parties are involved in processing and hosting ITDA data and for undertaking maintenance work and may also act as a technical support function to End Users of ITDA. These third parties and the End Users are not required or expected to share any personal data with Pfizer. Pfizer will take reasonable steps to ensure that the personal data held in ITDA is secure and that it remains within the European Economic Area and/or Switzerland when it is processed by these third parties (see the ITDA Privacy Policy at the link below for details).
• Keying of data. The End User will ensure that only he or she will be able to enter, view and update any patient data and to manage such data using ITDA.
• Data analysis. The End User acknowledges and agrees that Pfizer may use aggregated statistics on the data held in ITDA in order to assess how ITDA is used and to improve its functionality and performance.
• Advice. ITDA is not a substitute for medical judgment, advice, diagnosis or treatment of any health condition or problem and should not be regarded or relied upon as such.
• Compatibility. No representation or warranty is given that ITDA is compatible with any hardware or software versions or applications.
• Miscellaneous. To the extent that any provisions of these Terms of Use are held to be unlawful, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions.
• Third party rights. Except as set out in these Terms of Use, a person who is not a party to them shall have no rights to benefit from or enforce any of the Terms of Use.
• Changes. Pfizer may amend these Terms of Use at any time without notice by posting a new version on ITDA. End Users should regularly check for changes. By continuing to use ITDA after a new version has been posted, the End User will be agreeing to the new Terms of Use.
• English law. These Terms of Use and use of ITDA shall be governed by and will be construed in accordance with the laws of England. The English courts shall have non-exclusive jurisdiction over any disputes arising in connection with the ITDA tool and/or these Terms of Use.