Terms of Use

  • 1. Acceptance of Terms of Use

    • 1.1

      This web site, which is accessible at www.lilly.co.za (the "Website") is made available by Eli Lilly (S.A.) Pty Limited registration number 1957/000371/07 ("Lilly").

    • 1.2

      The terms and conditions set out below, including any additional document incorporated by reference ("Terms of Use"), apply to any person who uses, accesses, refers to, or views any part of this Web Site ("You" or "Your" including cognitive terms).

    • 1.3

      These Terms of Use regulate the terms and conditions upon which You may use, access, refer to, or view (individually and collectively referred to as "use") this Website and the information, content, products or services available on or through this Website ("the Website Content"), whether or not the Website Content is provided by or belongs to the Lilly, its affiliates, subsidiaries, holding companies, partners, third-party providers or any other party. The Website Content includes, but is not limited to, any software, icons, text, graphics, photographic images, sound clips, advertisements, music, video clips, sound and television broadcasts, ring tones, ring back tones, SMS tones, artwork trade names, logos, designs, trademarks and service marks which are displayed on or incorporated in this Website.

    • 1.4

      You agree that by making use of this Website, You acknowledge that You have read, understand and agree to be bound by the Terms of Use and all applicable laws and regulations. If You do not agree to these Terms of Use, you are not permitted to access or use this Website and the Website Content. You must immediately delete all copies of the Website Content in Your possession or under Your control. This includes, but is not limited to, any Website Content which has been copied or cached by You.

    • 1.5

      We may at any time amend, or impose additional terms and conditions relating to any service, the content, products, facilities or functionality which is made available by Lilly or Lilly's affiliates, subsidiaries, holding companies or partners, by way of this Website or otherwise ("the Additional Terms and Conditions"). By Using these services, content, products, facilities or functionality, You agree to the Additional Terms and Conditions.

  • This clause contains assumptions of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibilities which Lilly will have towards You and other persons. This clause also limits and excludes Your rights and remedies against Lilly and places various risks, liabilities, obligations and legal responsibilities on You.

  • 2. Use of the Website and Website Content

    • 2.1

      You may use this Website to browse the Website Content, The Website Content is intended only for the purpose of helping patients and family members better understand certain health conditions and treatment options ("Permitted Use"). The Permitted Use does not extend to the source code of this Website or of the source code of any software or computer program that forms part of the Website Content.

    • 2.2

      This Website is intended for the exclusive use of South African residents. Access to the Website Content may be prohibited by certain persons or in certain countries outside of South Africa. If you access this Website from outside South Africa, you do so at Your own risk and are responsible for compliance with the laws of your jurisdiction.

  • 3. The Website Content

    • 3.1

      The Website Content is not intended in any way to be a substitute for professional medical advice and should not be interpreted as treatment recommendations. Only a physician who has had an opportunity to interact with the patient in person, with access to the patient's records and the opportunity to conduct appropriate follow-up, can provide recommendations for treatment.

    • 3.2

      ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. Neither the Website Content nor any other service offered by or through this Website is intended to be relied on for medical diagnosis or treatment. You acknowledge that You must not disregard medical advice or delay in seeking it because of something You have read on this Website or in the Website Content.

  • This clause contains assumptions of risk and/or liability by You and limits and excludes liabilities, obligations and legal responsibilities which Lilly will have towards You and other persons. This clause also limits and excludes Your rights and remedies against Lilly and places various risks, liabilities, obligations and legal responsibilities on You.

  • 4. Exclusion of liability for Use of this Website and the Website Contente

    • 4.1

      Use of this Website and the Website Content is entirely at Your own risk.

    • 4.2

      Subject to the applicable provisions of the Electronic Communications and Transactions Act, No 25 of 2002 ("ECTA") and clause 14.3 and to the fullest extent allowed by law Lilly or any third parties mentioned on this Website wall not have any liability whatsoever in relation to this Website and the Website Content. You hereby indemnify Lilly against any loss, liability, expense, clam, penalty or damage, whether direct, indirect, special or consequential, arising from Your use of, or reliance on this Website or the Website Content or any failure of performance, error, omission, interruption, effect, delay or defect an operation or transmission, computer virus, line system failure, or loss of use related to this Website or any "linked" site, whether based on warranty, contract, delict, or any applicable law, and whether or not Lilly is advised of the possibility of such damages.

    • 4.3

      If any of the limitations or exclusions of the liability of the Lilly in these Terms of Use are held by any competent court, arbitrator or authority to be invalid or unenforceable, in no event will the total cumulative liability of Lilly to You exceed R1 000 (one thousand rand).

    • 4.4

      Any reference to Lilly will be considered to also include the employees, officers, directors, representatives, agents, shareholders, affiliates, suppliers, licensors, subsidiaries, holding companies, advisers, service providers, suppliers and content providers of Lilly.

    • 4.5

      Any claims arising in connection with your use of this site or any Content must be brought within three (3) years of the date of the event giving rise to such action occurred.

  • This clause 4 contains assumptions of risk and/or liability by You and limits and excludes liabilities, obligations and legal responsibilities which Lilly will have towards You and other persons. This clause 4 also limits and excludes Your rights and remedies against Lilly and places various risks, liabilities, obligations and legal responsibilities on You.

  • 5. Exclusion of warranties and representations

    • 5.1

      Subject to the applicable provisions of the Electronic Communications and Transactions Act, No 25 of 2002 ("ECTA"), clause 14.3 and to the fullest extent allowed by law: 5.1.1 this Website and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes, but is not limited to any representation or warranty about the accuracy, reliability, completeness, correctness, suitability or timeliness of the Website Content, software, text, graphics, tools, links, prescribing information, medication guides, or other communications provided on or through the use of this Website, or any site or sites "linked" to this Website.

      • 5.1.1

        This Website and the Website Content is provided without any representation or warranty whatsoever, whether express, implied or statutory. This includes, but is not limited to any representation or warranty about the accuracy, reliability, completeness, correctness, suitability or timeliness of the Website Content, software, text, graphics, tools, links, prescribing information, medication guides, or other communications provided on or through the use of this Website, or any site or sites "linked" to this Website.

      • 5.1.2

        Lilly makes no warranty that this Website will be available, uninterrupted, error free or free of viruses or other harmful components.

    • 5.2

      You accept all risk associated with the existence of such viruses, destructive materials or any other data or code which is able to corrupt, compromise, jeopardise, disrupt, disable, harm or otherwise impede in any manner the operation or content of a computer system, computer network, any handset or mobile device, or Your hardware or software.

    • 5.3

      When using the Website, information will be transmitted over a medium that is beyond the control and jurisdiction of Lilly and its suppliers. Accordingly, Lilly assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of this Website.

  • This clause 5 contains assumptions of risk and/or liability by You and limits and excludes liabilities, obligations and legal responsibilities which Lilly will have towards You and other persons. This clause 5 also limits and excludes Your rights and remedies against Lilly and places various risks, liabilities, obligations and legal responsibilities on You.

  • 6. References and links to and from other web sites, products and services

    • 6.1

      This Website provides links to other websites. However, because Lilly does not control the content of the other Websites we may link to, and due to their constantly changing nature, Lilly is not responsible for the content, practices or standards of third party sites.

    • 6.2

      Inclusion of any third party link does not imply a recommendation or endorsement by Lilly. Subject to the provisions of ECTA and to the fullest extent allowed by law, Lilly is not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third party sites, sites framed within this Website, or third-party advertisements.

    • 6.3

      Lilly does not make any representations regarding the content or accuracy of third-party sites. Your use of third-party sites is at Your own risk and subject to the terms and conditions of use for such sites.

    • 6.4

      You may not make (and You may not allow any third party to make) any reference to the Lilly, this Website or the Website Content, whether by way of a link or otherwise, where the reference could in any way be interpreted as an endorsement, affiliation, or recommendation by Lilly in relation to You or a third party, or of Your services, products, opinions or conduct or those of a third party.

  • 7. Your behaviour when Using this Website

    • 7.1

      You are responsible for the accuracy of any information that You provide to Lilly through this Website, including any comments, feedback, remarks, suggestions, ideas, notes, drawings, graphics, concepts, or other information.

    • 7.2

      You shall not submit or transmit any material that is unlawful, threatening, libelous, defamatory, obscene, pornographic, profane, or might in any other way violate any law, regulation, or rule.

    • 7.3

      You may not intercept any information transmitted to or from Lilly or this Website which is not intended by Lilly to be received by You.

    • 7.4

      You are strictly prohibited from Using this Website for "spoofing", "hacking", "flaming", "cracking", "phishing" or "spamming" or any other activity designed or aimed at achieving purposes similar or the same as the aforementioned acts.

    • 7.5

      You are solely responsible for any material you submit to this Website. You further agree not to upload, e-mail, post or transmit to, or distribute or otherwise publish through this Website any material which disrupts the normal operation of this Website, including posting or otherwise transmitting material that is not related to the subject at issue or otherwise restricts or inhibits any other user from using this Website.

    • 7.6

      Any conduct by you that, in Lilly's absolute and sole discretion, is in breach of these Terms of Use or which restricts or inhibits any other user from using or enjoying this Website is strictly prohibited. Furthermore, you may not use this Website to advertise or perform any commercial, religious, political or non-commercial solicitation, including, but not limited to, the solicitation of users of this Website to become users of other on-line or offline services directly or indirectly competitive or potentially competitive with Lilly's services provided through the Website or otherwise.

    • 7.7

      You undertake not to Use or permit anyone else to Use the Website:

      • 7.7.1

        to send or receive any material which is not civil or tasteful;

      • 7.7.2

        to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties) or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

      • 7.7.3

        to send or receive any material for which you have not obtained all necessary licences and/or approvals (from us or third parties) or which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in any country in the world;

      • 7.7.4

        to send or receive any material which is technically harmful (including computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data);

      • 7.7.5

        to intercept or attempt to intercept any communications transmitted by way of a telecommunications system;

      • 7.7.6

        for any fraudulent purpose;

      • 7.7.7

        other than in conformance with accepted Internet practices and practices of any connected networks; or

      • 7.7.8

        in any way which is calculated to incite hatred against any ethnic, race, religious or any other group or is otherwise calculated to adversely affect any individual, group or entity.

  • 8. Disclosure of information

    • 8.1

      Except as expressly set forth on this Website, if You submit any information to Lilly, You acknowledge that You are giving that information to Lilly free of charge and such information shall be deemed to be non-confidential and Lill , its parent company and affiliates shall have no obligation of any kind with respect to such information and shall be free to reproduce, use, disclose and distribute the information to others without limitation, without your consent or any compensation to You or anyone else. Lilly, its parent company and affiliates shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever including but not limited to developing, manufacturing and marketing products incorporating such information.
      This clause contains assumptions of risk and/or liability by You and limits and excludes liabilities, obligations and legal responsibilities which Lilly will have towards You and other persons. This clause also limits and excludes Your rights and remedies against Lilly and places various risks, liabilities, obligations and legal responsibilities on You.

    • 8.2

      Through your usage of this Website, you may submit and/or Lilly may gather certain limited information about you and your Website usage. Subject to and in accordance with the Privacy Policy, which can be accessed by You on https://www.hoursoffreedom .co.za/privacy-policy Lilly is free to use such information for any purpose Lilly deems appropriate, including marketing purposes.

  • 9. Registration

    • 9.1

      To obtain full access to certain areas of this Website, you may be required to register with Lilly. With respect to such registration:

      • 9.1.1

        we may refuse to grant You, and You may not use, (i) a user name (or email address) that is already being used by someone else; (ii) that may be construed as impersonating another person; (iii) that may belong to another person; (iv) that violates the intellectual property or other rights of any person; (v) that is offensive or (vi) that we reject for any other reason in our sole discretion.

      • 9.1.2

        Your user name and password are for Your personal use and not for use by any other person. You are responsible for maintaining the confidentiality of any password you may use to access the Website, and agree not to transfer Your password or user name, or lend or otherwise transfer your Use of or access to the Website, to any third party. You are fully responsible for all interaction with the Website that occurs in connection with your password or user name. You agree to immediately notify Lilly of any unauthorised use of Your password or user name or any other breach of security related to Your account or the Website, and to ensure that You "log off"/exit from Your account with the Website (if applicable) at the end of each session. Lilly, or Lilly's parent company or subsidiaries shall not be liable for any loss or damage arising from Your failure to comply with any of the foregoing obligations.

        This clause contains assumptions of risk and/or liability by you and limits and excludes liabilities, obligations and legal responsibilities which Lilly will have towards You and other persons. This clause also limits and excludes Your rights and remedies against Lilly and places various risks, liabilities, obligations and legal responsibilities on You.

  • 10. Interception and monitoring

    • 10.1

      You agree that your communications on this Website may be intercepted, as defined in the Regulation of Interception of Communications Act 70 of 2002 (as amended), by Lilly or any other competent authority.

  • 11. Privacy Policy

    • 11.1

      Click here to view our privacy policy

  • 12. Intellectual Property

    • 12.1

      The Website Content and this Website are subject to copyright protection. Reproduction of the Website Content and this Website, or any part of it other than for educational purposes or personal, non-commercial use, is prohibited without prior consent from Lilly.

    • 12.2

      Without limited the generality of the above, if you are a healthcare professional or provider, You may print individual pages from this Website or the Website Content, unless otherwise expressly noted, and share the information and materials with others. No other permission is granted to you to print, copy, reproduce, distribute, license, transfer, sale, transmit, upload, download, store, display in public, alter, modify or create derivative works of the Website Content.

    • 12.3

      Lilly makes no warranties or representations that your use of any materials displayed on this Website or included with the Website Content will not infringe the rights of third parties.

    • 12.4

      The Website Content and this Website is owned by Lilly and by accessing the Website Content and this Website you acknowledge that Lilly or its licensors are the proprietors of all intellectual property subsisting in, pertaining to or used on the web site, including without limitation, copyright, trademarks, including, but not limited to the LILLY trademarks, patents, inventions, goodwill and trade secrets ("Intellectual Property").

    • 12.5

      The use or misuse of any of the trademarks appearing in the Website Content or the Website is strictly prohibited. You may not, without Lilly's written consent, use, reproduce, adapt, distribute, publish or in any other way deal or interfere with the Intellectual Property in the Website Content and this Website.

    • 12.6

      You may not remove any copyright, trademark or other proprietary notations from this Website or the Website Content.

    • 12.7

      Nothing contained herein shall be construed as conferring by implication, or otherwise any license or right to any Intellectual Property of Lilly, its parent company, its affiliates or any third party.

  • 13. Notices

    • 13.1

      Except where stated otherwise in these Terms of Use, Lilly's address for the service of any notice is:
      postal address : Private Bag X119, Bryanston, South Africa, 2021
      physical address : First Floor, Golden Oak House, Ballyoaks Office Park, 35 Ballyclare Drive, Bryanston, South Africa, 2021
      current fax no : 27 11 5109301

      • 13.1.1

        All notices to Lilly must be marked for the attention of The Managing Director. All notices of a legal nature or relating to legal proceedings must be delivered by registered post to the postal address of Lilly and also either delivered by hand to the physical address of Lilly or sent to the fax number of Lilly.

      • 13.1.2

        To the extent allowed by law, notices given to the above addresses will only be deemed to have been duly given:

        • 13.1.2.1

          14 days after posting, if posted by registered post to the Lilly's postal address;

        • 13.1.2.1

          3 days after delivery, if delivered by hand to Lilly's physical address;

        • 13.1.2.1

          3 days after confirmed successful transmission, if sent to Lilly's fax number.

  • 14. General

    • 14.1

      These Terms of Use are interpreted and implemented in accordance with the laws of South Africa and You agree to the jurisdiction of the courts of the Republic of South Africa.

    • 14.2

      If any provision of these Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use. In addition, if these Terms of Use and/or any goods or services provided under these Terms of Use are regulated or subject to the Consumer Protection Act, 2008 (the "Consumer Protection Act"), it is not intended that any provision of these Terms of Use contravene any provision of the Consumer Protection Act, and therefore all provisions of these Terms of Use must be treated as being qualified, to the extent necessary to ensure that the provisions of the Consumer Protection Act are being complied with.

    • 14.3

      To the extent allowed by law, Lilly may terminate this agreement, terminate your access to all or part of this Website, or suspend any user's access to all or part of this Website, at any time, without notice to you, if it reasonably believes, in its sole judgment, that You have breached or may breach any term or condition of this agreement, Lilly may also, on notice to You, terminate this agreement or your access to all or part of this Website at its convenience.

    • 14.4

      You may terminate this agreement at any time by ceasing to use the Website or the Website Content and destroying all materials received from this Website.

    • 14.5

      Except as expressly provided by Lilly on the Website or by means of any Additional Terms, these Terms of Use constitute the entire agreement between You and Lilly with respect to the use of this Website and the Website Content.

Top