Training Platform

TERMS OF USE AGREEMENT

Please read and review the following Terms of Use agreement carefully before using this website or online resource (such as online / downloadable tools and applications on mobile devices) (“website or online resource”). By using this website or online resource, you agree to this Terms of Use agreement. If you do not agree, please exit and disregard the information.

This website or online resource is owned and operated by MSD* and is intended for use by residents of Australia only. MSD makes no representation that material is appropriate for use outside Australia, and you are responsible for compliance with the laws of your jurisdiction.

*As referred to in this Terms of Use agreement, "MSD" means Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Kenilworth, NJ, USA, its successors, subsidiaries, divisions and groups worldwide specifically including:

• Merck Sharp & Dohme (Australia) Pty Ltd • Intervet Australia Pty Limited trading as MSD Animal Health

• Schering-Plough Animal Health Limited,

excluding joint ventures to which MSD is a party.

1. Acceptance and scope

You agree to be bound by, and to comply with the Terms of Use set forth in this agreement and the MSD privacy policy. MSD reserves the right to change these terms from time to time, as it deems to be appropriate. This Terms of Use does not apply to third-party resources to which MSD's website or online resources may link, where MSD does not control the content or the privacy practices of such resources.

2. Content

MSD makes no claims or warranties as to the accuracy or completeness of this website or online resource. You agree that access to and use of this website or online resource and the content thereof is at your own risk.

Certain sections of this website or online resource may be designated for healthcare or veterinary professionals only. If you are a healthcare or veterinary professional, please note that the information contained on this website or online resource is not intended to be comprehensive or to serve as a substitute for your own judgment. We recommend that you also consult other professional sources and references prior to making any evaluation or treatment decision.

Further, certain sections of the website or online resource may contain information related to medical conditions and their treatment, if a medical condition exists you should consult a qualified medical practitioner/veterinarian for specific medical advice.

3. Use

You may print off one copy, and may download extracts, of any page(s) from this website or online resource for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. MSD’s status (and that of any identified contributors), as the authors of material, must always be acknowledged. You must not use any part of the material on this website or online resource for commercial purposes. If you print off, copy or download any part of this website or online resource in breach of these Terms of Use, your right to use this website or online resource will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you link to this website or online resource you must ensure that you do so in a way that is fair and legal and complies with applicable regulatory rules and guidelines and that does not damage MSD or its affiliate’s reputation or take advantage of it. You must not establish a link in such a way so as to suggest any form of association, approval or endorsement by MSD or its affiliates where none exists. This website or online resource must not be framed on any other site, nor may you create a link to any part of this website or online resource other than the home page. Any link to this website or online resource must be deleted immediately if requested by MSD.

4. Service Access

Access to this website or online resource is permitted on a temporary basis, and MSD reserves the right to withdraw or amend the service provided on this website or online resource without notice. MSD will not be liable if for any reason this website or online resource is unavailable at any time or for any period.

5. Representation

As a user of this website or online resource, you are liable for the accuracy of the information that you provide to MSD. Should you respond with information including feedback or data such as questions, comments, suggestions or the like regarding the content of this website or online resource, such information shall be deemed to be non-confidential and MSD shall have no obligation of any kind with respect to such information and 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.

6. Privacy

Please refer to the privacy policy for the website or online resource on how MSD deals with personal information.

7. Links to Other Website or Online Resources

This website or online resource may contain links to other MSD and non-MSD Internet website or online resources. MSD assumes no responsibility for the content of non-MSD Internet website or online resources to which links are provided. Those Internet website or online resources are governed by their own terms of use.

8. Intellectual Property

All material on this website or online resource is copyright Merck Sharp & Dohme Corp., a subsidiary of Merck & Co., Inc., Kenilworth, NJ, USA or it has been granted permission to use such material, except where expressly stated otherwise. Reproduction of part or all of the contents in any form is prohibited other than in accordance with these Terms of Use.

9. Disclaimer of Warranties

The material displayed on this website or online resource is provided without any representations, conditions or warranties as to its accuracy. To the extent permitted by law, MSD and its affiliates hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity including, without limitation, the warranties of satisfactory quality, fitness for a particular purpose, use of reasonable care and skill and non-infringement of proprietary rights. Use of this website or online resource is at the risk of the user and MSD accepts no liability for any computer viruses, malicious software, harmful data or any other material which is technologically harmful infecting the user following its use of this website or online resource.

10. Liability

MSD hereby excludes all liability for any claim, loss, demands or damages of any kind whatsoever (whether such claims, loss, demands or damages were foreseeable, known or otherwise and whether they relate to negligence, breach of contract or otherwise) arising out of or in connection with the use of this website or online resource or the information, content or materials included on this website or online resource. While MSD tries to ensure that content provided by this website or online resource is correct at the time of publication no responsibility is accepted by MSD for any errors, omissions or inaccurate content on the website or online resource. Nothing in these Terms of Use excludes or limits MSD's liability for death or personal injury caused by MSD's negligence (or that of its employees, agents or directors), or MSD's liability for fraudulent misrepresentation, or any other liability which may not be limited or excluded by law.

11. Jurisdiction

The use of this website or online resource and its contents are governed by Australian law. These Terms of Use, its subject matter and its formation and any non-contractual disputes or claims will be governed by the laws of New South Wales, Australia.

12. Consequences

MSD reserves the right to suspend or terminate your use of this website or online resource for any reason at any time without notice. If your breach causes harm to others, you agree to indemnify and hold MSD harmless from and against any and all loss, damage, or expense. If any dispute arises regarding this agreement or your use of this website or online resource, it shall be resolved through good faith negotiations between the parties. If such efforts prove unsuccessful, all such controversies, claims, or disputes shall be submitted to the exclusive jurisdiction of the Australian courts.

13. Product Related Problems and Adverse Events

In order to monitor the safety of MSD products (Human Health and Animal Health), we encourage you to report any product-related problems or adverse reactions to MSD products by calling: 1800 818 553 – for Human Health products or 1800 033 461 for Animal Health products or emailing DPOC.australia@msd.com.Please refer to the privacy policy for the website or online resource on how MSD deals with personal information.

We may be required to contact you for further information. You may also report any Human Health product-related problem or adverse event directly to your pharmacy or healthcare professional and for Animal Health product-related problem or adverse event you may also report directly to your veterinarian.

14. Implanon NXT Additional Terms

This website contains information relating to Implanon NXT. MSD has prepared it as general training to be used in conjunction with other training options that MSD has made you aware of.

While MSD strongly recommends that registered health care professionals undertake this training, completion of the training does not mean an individual registered health care professional is competent in insertion and removal of Implanon NXT. Each registered health care professional must exercise his or her own independent judgment about his or her individual competence as a registered health care professional to insert and remove Implanon NXT.

MSD also recommends that registered health care professionals check with their occupational associations and insurers as to any requirements they may have before they can insert and remove Implanon NXT.

All parties involved in creating, producing or delivering training do not accept any responsibility and disclaim all liability to you for any reason whatsoever (including, without limitation, liability for negligence) for any loss whatsoever other than liability, if any, they may have to re-supply the services contained on this website or pay for the cost of having them resupplied. MSD and all parties involved in creating, producing or delivering the contents on this website also do not accept and disclaim all liability for any loss whatsoever connected with a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the audio, video, data or text on the e-module or any other aspect of the website on which it is located.

15. Changes to these terms

MSD may update these terms periodically. MSD reserves the right to modify, add or remove portions of these terms at its discretion. If we decide to change these terms, we will post the amended Terms of Use on this site or in some cases, may provide notice of the changes by e-mail.

Last updated January 2020