Terms and conditions of use


Index

General

Content of the Application

Use of the Application and Intellectual Property

Nominative information and other information

Limitations on liability

Legal framework

Links to other sites

Complete Agreement


Please read these terms and conditions of use carefully before using the Application.


General


The Mommy’s Book® hereinafter the “Application” includes any program accessed or used via your mobile telephone and the software modules operating within your mobile environment and appearing in your mobile device that provides you access to a variety of content and services, for the following main purposes to:

  1. Inform you, the User, on the recommended vaccines for children (based on national recommendations by local health authorities or information from international non governmental organizations on vaccines) and their related schedules, including alerts on their timing; and
  2. Include, store (in your mobile device) and follow up on health related data of children(s), including, amongst other, information such as:
    1. Personal information: blood group, specific conditions.
    2. Growth data: weight and height information, to be compared to the World Health Organization (WHO) growth curves and Body Mass Index (BMI) standards.
    3. Development data, such as: 1st teeth, 1st word, or other alike.
    4. Disease history and surgeries data.
    5. Questions to ask doctor on appointments or any other related reminder set up.


By using the Application you signify your acceptance to these Terms and Conditions and also undertake to respect these Terms and Conditions without reservation. If you do not agree to all of these Terms and Conditions of use, do not use the Application.


Sanofi (as defined below) may revise and update these Terms and Conditions at any time.  We advise you to consult these Terms and Conditions regularly, as they may be modified from time to time and without notice. Your continued usage of the Application will be understood as your acceptance to those changes to the Terms and Conditions.


Content of the Application


The contents of the Application, such as text, graphics, images, information obtained from the Application licensors, and other material contained in the Application ("Content") are for informational purposes only. Sanofi reserves the right to change at any time the Content and without any prior notice.

Moreover, the Application may contain information relating to health, fitness, the medical domain and various kinds of medical treatment reserved exclusively for use by human beings. This Content is for information purposes only and is not meant to be a substitute for the advice, diagnosis, or treatment provided by your own physician or other healthcare professional. You should not use the Content contained herein for diagnosing any illness or physical problem or in order to prescribe or use any medication presented on the Application or medicine commercialized by the Sanofi Group. You should always consult your own physician or seek the advice of other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the Application.

As the case may be some Content in the Application might include expert opinions, health authorities’ decisions or directives, or recommendations or information from international or national non governmental organizations (NGO) concerning a particular area in relation with the content of the Application. Such Content represents only the opinions of the respective experts or decisions adopted or recommended by local health authorities or from non governmental organization, which opinions, decisions or recommendations are not necessarily those of the Sanofi Group. Such experts, government authorities or NGO representative or consultants are not employees of the Sanofi Group and do not receive any compensation from Sanofi for the use of their opinion, decisions or recommendations. Sanofi is not responsible for the accuracy or completeness of any information or opinions set forth in such materials. Expert advice reflects only the personal view of that expert, and in no case shall it be regarded as the opinion or responsibility of Sanofi.

If you think you may have a medical emergency, call your doctor or a healthcare professional immediately. The Application does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned or included or referred to by the Application or commercialized or manufactured by the Sanofi Group. Reliance on any information provided by the Application, or in connection to the Application, or other is solely at your own risk.

Use of the Application and Intellectual Property


This Application is owned by Sanofi South Africa (Pty) Ltd, Sanofi House, 44 On Grand Central Office Park, 2 Bond Street, Grand Central X1, Midrand, 1685 (hereinafter “Sanofi”), part of the Sanofi Group. The Content and each of the materials, including trademarks, logos, graphics, text and Content of the Application, are protected by the applicable laws as regards to Intellectual Property, including but not limited to Copyright law, and are owned by Sanofi or its subsidiaries, or have been subjected to authorisation of use granted to it.


Sanofi authorizes you to view or download a single copy of the material or content on the Application solely for your personal and noncommercial use, recognizing the following copyright notice "©2012 Sanofi South Africa (Pty) Limited - ALL RIGHTS RESERVED" and other copyright and proprietary rights notices that are contained in the Application. Any special rules for the use of certain software and other items accessible through the Application may be included elsewhere within the Application and are incorporated into these Terms and Conditions by reference.

No Content or material from the Application may be copied, reproduced, modified, republished, uploaded, distorted, transmitted or distributed in any way, on any support, in total or in part, without Sanofi prior written consent, on condition that intellectual property rights and all other property rights are respected. The only authorized copies of the Application are for personal, non-commercial, home use.  All authorized use of visuals, whether constituting the Application or included within it, must not be distorted, modified or altered in any way whatsoever. Any use of the Content or the Application not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the discretion of Sanofi. All rights not expressly granted herein are reserved to Sanofi and its licensors.

If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content. Sanofi or its subsidiaries reserve the right to take legal action against any counterfeit of its intellectual property rights.

Nominative information and other information

This Application is not intended or designed to provide access or transfer to Sanofi (including Sanofi Group or any related company) any personal identifiable information from you or information from any person included in the Application. All information, including personal information, registered or included in the Application by you -the User- will be stored on your mobile device; it will be access, used, and assigned by you as you deem appropriate. You are responsible for any personal data entered to the Application, as well as to any access provided, either voluntarily or involuntarily, including any lost of information.

If you are to contact or communicate with Sanofi, and by such contact or communication you provide any personal information to Sanofi, we will not divulge to any third party said information. Any personal information you provide to Sanofi, will be used for the sole purpose of replying to you in the most efficient way possible.  However, in the event your information is collected, you give us consent to use, process and transfer your information across border and nationally as provided in data protection law.

In accordance with the local legislation Information Technology Act, 2000, you have a right to access, to modify, to rectify and to suppress any personal data concerning you, simply by requesting it in writing to the address at the bottom of these Terms and Conditions.

The Application is not designed to transmit or share any information you store or include in it.  In addition, the Application is not designed to receive any confidential information, personal or business information, idea, concept, invention or any content that infringes or violates any rights of any third party which you may submit. As a result, and with the exception of the personal data outlined above, all information, whatever form it is in: document, data, graphics, questions, suggestions, concepts, remarks or other - which you send, communicate or transmit to Sanofi will in no way be considered as confidential. As result of this, the simple fact of your transmitting this data to us grants us the right to use, reproduce, diffuse or modify this data, or to transmit it in the aim of processing your request.

Limitations of liability

The use of the Application and the Content is at your own risk. Sanofi makes every effort to ensure to the best of its abilities the accuracy and updating of the information and Content of the Application. Nonetheless, Sanofi cannot fully guarantee the accuracy, precision, updating or exhaustiveness of the information and Content made available on the Application. As a result, and with the exception of direct damage resulting from wilful misconduct or gross negligence by Sanofi, the latter cannot be held liable for:

The Content and any other materials in the Application are provided "as is", without any kind of warranty, whether express or implied. Sanofi does not offer any express or implied warranty relative without limitation to their merchantability and fitness for a particular purpose.

You acknowledge that (i) it is technically impossible that the Application will be provided, function, execute, work or be downloaded free of defaults and that Sanofi cannot take any responsibility for this, (ii) that defaults may lead to the temporary unavailability of the Application,  and that (iii) the operation of the Application may be adversely affected by conditions and performances outside Sanofi ‘s control, such as, for example, transmission and telecommunication links between your telephone or mobile device and other systems and/or networks.

When using the Application, information can be transmitted over a medium that may be beyond the control and jurisdiction of Sanofi and/or its suppliers.  Accordingly, Sanofi 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 the Application.

Sanofi and/or its suppliers may, at any time, temporarily or permanently modify or interrupt the availability, all or part of the Application in order to perform maintenance work and/or make improvements and/or changes to the Application. Sanofi is not liable for any modification to or suspension or interruption of the Application.

Legal framework

The Application and its Content are governed by the Laws of South Africa and any disputes relating thereto are subject to the jurisdiction of the competent courts of South Africa.

Access or use of the Application is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms and Conditions, including without limitation this paragraph.

Links to other sites

Neither Sanofi nor any of the Sanofi group companies will be responsible with regards to any third-party site or link to which you may have gained access via the Application or that provided you with access to the Application. We have no way of controlling the content of these third-party sites or links which remain totally independent of Sanofi. In addition, the existence of a link between the Application and any third party site in no way implies that Sanofi in any way approves of the content of this site or link, or, moreover, any use to which such content may be put.

Furthermore, it is your responsibility to take the necessary precautions to prevent the Application as well as your telephone or mobile device being contaminated by, including, but not limited to, one or more "viruses", "Trojan horses" or any other "parasites".

External sites may contain hyperlinks leading to the Application. Any such hyperlink shall not be installed without Sanofi‘s express prior consent. In any case, Sanofi is in no way responsible for the unavailability of such external sites and Sanofi does not review, control, approve, nor is it responsible for any content, advertising, products or other materials available on or accessible via those sites or links.

Complete Agreement


These Terms and Conditions constitute the entire agreement between you and Sanofi with respect to the use of the Application and Content, unless otherwise specified herein (or in any other definitive agreement), and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Sanofi with respect to the Application. Sanofi is not bound by any express or implied term representable warranty or the like not recorded herein.

You agree that no joint venture, partnership, employment or agency relationship exists between you and Sanofi as a result of the Terms and Conditions or the use of the Application or its Content.

If any provision of this Terms and Conditions is found unenforceable by a court of competent jurisdiction then the remaining provisions of the Terms and Conditions shall continue in full force and effect to the fullest extent permitted by law.

No amendment or variation hereto shall be valid unless signed and accepted by Sanofi.

The following provisions survive the expiration or termination of this Agreement for any reason whatsoever: Limitation of Liability, Content of the Application, Nominative information and other information, legal framework, and Complete Agreement.

Thank you for your cooperation. We hope you find the Application helpful and convenient to use! Questions or comments regarding this Application, including any reports of non-functioning links, should be submitted to: contact@sanofi-paediatrics.com


Mommy’s Book "©2012 – Sanofi South Africa (Pty) Limited - ALL RIGHTS RESERVED –