Terms of service


Eylea Access (aflibercept) Program

Eylea Access Program (the Program) is an access program established and maintained by Atlantis Health on behalf of Bayer Australia Ltd. (Bayer/we/us/our), the Program website may be accessed using your mobile or computer.

The Program is designed to provide support for Physicians requesting access for individual patients who require Eylea (aflibercept) for their patients who fall within the program criteria (“Purpose”). The Program is the provision of a web portal and telesupport services to support physicians in the administrative & logistic processes for application and product delivery.

The Program is not suitable for, and should not be used, to assist in the administration of any other medication or used for any other purpose.

These terms of use contain important information. Your use of the Program constitutes your acceptance of these terms. Please read carefully

  1. ) Changes to the Program and these terms of use

    We may change the content and functionality of the Program at any time by way of a software update, which will be notified to you in advance. We may also change these terms of use at any time. We will notify you if we do change our terms of use by posting the revised terms of use on the Program.

  2. ) No impact on your Eylea treatment

    Your decision to not use or discontinue the use of Program for any reason does not impact on your patient’s treatment of their condition or their ongoing administration of Eylea as prescribed.

    The use of the Program does not replace consultation with your patient on the treatment and management of their condition or how Eylea is to be administered.

Intellectual Property

You acknowledge and agree that:

  1. ) all intellectual property rights (whether registered or unregistered) in the content, layout, design, concept, graphic, software and organization of the Program, and all related graphics, logos, trademarks, product and service names (including Program) (Bayer’s IP) are owned by Bayer;
  2. ) you will not do anything to or which might hinder, impede, invalidate or challenge Bayer’s ownership of or entitlement to use or the registration of any part of Bayer’s IP or which might diminish the value of the Bayer’s IP in the Program; and
  3. ) any use of the Program, including its content and other related services, other than as expressly permitted by these terms of use or by law, is not licensed and is strictly prohibited.

Your Eylea Licence

Bayer grants to you a non-exclusive, non-transferrable, revocable licence to download Program and use the Program for the Purpose, and no other purpose, in accordance with these terms of use.

You must not:

  1. ) copy, modify, reproduce, republish or post on any online platform Bayer’s IP;
  2. ) adapt, communicate, transfer, sell or otherwise deal with Bayer’s IP;
  3. ) attempt or decompile or reverse engineer any software contained in Bayer’s IP;
  4. ) remove any copyright or other proprietary notations from Bayer’s IP; or
  5. ) tamper with or commercially use Bayer’s IP (including business names and domain names) appearing on the Program or materials accessed via the Program.

Your Obligations

You agree that:

  1. ) you are responsible for and must take all reasonable care to ensure that the information you record in the Program is true, complete and accurate;
  2. ) the information you share with your HCP via the Program is true, complete and accurate;
  3. ) you must take responsibility for, and use your best endeavours to prevent unauthorized use of, and access to, the Program and your Program account and to protect your Personal Information at all times;
  4. ) you will immediately notify Bayer of any errors, inaccuracies, bugs, viruses or defects affecting the operation of the Program;
  5. ) you will immediately notify Bayer if you become aware of any unauthorised access or use of your, Program account;
  6. ) you will not use any data mining, robots, crawling, scraping, caching or similar data gathering or extraction methods in relation to, the Program;
  7. ) you will not register or attempt to register any third party on, the Program;
  8. ) you will not tamper with or introduce any bugs or Trojan horses into, or cause any security breaches to, the Program; and
  9. ) you will not use the Program for any purpose other than the Purpose.

You agree to indemnify, and hold harmless, Bayer and its subsidiaries, partners, officers, employees and agents in respect of any loss or damage (including reasonable legal expenses) arising out of or in connection with any breach of or failure by you to comply with these terms of use.

Termination of Your Program Account

You may terminate your Program account at any time.

Bayer may immediately terminate your Program account if you breach any term in these terms of use.

Upon termination of your Program account for any reason, you must destroy or cleanse your devices of any Bayer IP in your possession or control, whether in electronic or printed format.

Disclaimer

The Program is provided to you on an 'as is' and ‘as available’ basis and may from time to time contain errors, faults and inaccuracies. To the extent permitted by law, Bayer makes no representation and provide no express or implied warranty or guarantee in relation to the Program, the security of the Program, the safety of any file or software associated with it (such as safety from any virus or defects including those which could damage or interfere with any data, software or hardware with which it might be used) or that access to the Program will be uninterrupted or continuous.

While reasonable care is taken in its preparation, to the extent permitted by law, Bayer does not guarantee or warrant the accuracy, quality, completeness, reliability or currency of the Program (including any errors in or omissions from the content of the Program), or of any materials, information, products or services promoted or accessed via the Program.

Limitation of Liability

The liability of Bayer (and any other party involved in creating, producing or delivering the Program), whether in tort (including negligence), contract, breach of statutory duty, equity or otherwise arising out of or in connection to your access, use of or inability to use the program, or any errors or omissions in the content thereof, is excluded to the fullest extent permitted by law.

Links

Bayer has not reviewed all of the website links contained in the Program and is not responsible for the contents of any such linked site, other than a site operated by Bayer. The inclusion of any link does not imply endorsement by Bayer of the site and use of any such link is at your own risk.

Assignment

You may not assign or novate your rights or obligations under these terms of use to any person with the consent of Bayer. Bayer may assign or novate its rights or obligations under these term of use to any person with your consent.

Governing Law

These terms of use are governed by and construed in accordance with the laws of Australia and you irrevocably submit to the exclusive jurisdiction of the courts of Australia.



MA-AFL_8mg-AU-0023-1 June 2024