Effective Date: [1 July 2025]

Last Revised: [1 July 2025]

Welcome to www.opthapharm.ch (the “Website”) of Ophtapharm AG (“Ophtapharm”, “we”, “us” or “our”). We provide the Website to you subject to the following Terms and Conditions (“Terms”). These Terms apply to the use of this Website and any sections of other websites operated or linked by Ophtapharm that refer to these Terms.

Acceptance of Terms of Use

Please carefully read the following Terms before using the Website. By accessing and using the Website, you acknowledge that you have read and understand and agree to be bound by these Terms, including the Disclaimer, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use the Website or any of its Content. For more information on how Ophtapharm processes personal information, please review our Privacy Policy and Notice at Collection.

Ophtapharm may revise or update the Terms from time to time. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in the Terms take effect upon posting and only apply to use of the Website after that date. Each time you access, use or browse a Website, you signify your acceptance of the then-current Terms.

Communication from Ophtapharm 

By providing your business e-mail-address upon registration on the Website, you consent to receive communications from Ophtapharm in an electronic form. You agree that all terms and conditions, agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. You may revoke your consent to receive communication from Ophtapharm at any time by sending an e-mail to the e-mail address provided at the bottom of these Terms.

This Website is intended for use by businesses only. Accordingly, access and registration are restricted to business accounts. Ophtapharm reserves the right to delete any account created using a personal email address, at its sole discretion and without prior notice. 

MEDICAL ADVICE DISCLAIMER

OPHTAPHARM PROVIDES THE WEBSITE, INCLUDING THE INFORMATION FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL ADVICE, DIAGNOSIS AND TREATMENT, AND ANY INFORMATION PROVIDED ON THE WEBSITE SHOULD NOT BE SO CONSTRUED OR USED. FOR HEALTH-REALTED INQUIRIES, USERS MUST CONSULT QUALIFIED HEALTHCARE PROFESSIONALS. FOR PRODUCT-SPECIFIC INQUIRIES, PLEASE CONTACT YOUR USUAL OPHTAPHARM CONTACT OR USE THE CONTACT FORM ON THE WEBSITE. YOU SHOULD NOT RELY ON ANYTHING CONTAINED ON THE WEBSITE. NO HEALTH OR MEDICAL RELATED DECISION BASED IN WHOLE OR IN PART ON ACCESS OR USE OF THE WEBSITE OR ANY INFORMATION PROVIDED THROUGH THE WEBSITE SHOULD BE MADE. SOME PRODUCTS MENTIONED MAY NOT BE AVAILABLE IN OR AUTHORIZED IN ALL JURISDICTIONS.

Permitted Users of the Website

In consideration of your use of the Website, you represent that you are of an age to form a legally binding contract, and you are not prohibited from receiving services under the laws of Switzerland or any other applicable jurisdiction.

The Website is directed to people 18 years of age or older. Ophtapharm and the Website do not knowingly collect information from children under age 18.

The Website is addressed at businesses in the pharmaceutical sector and is not intended to be used by private persons. By using the Website, you confirm that you are an authorized person acting for a business in the aforementioned business sectors. 

Acceptable Use

The content available through the Website (“Content”) is the sole and exclusive property of Ophtapharm, its affiliates and/or its licensors. You agree not to reproduce, duplicate, modify, copy, sell, resell or exploit for any commercial purpose, any portion of the Website or Content other than as expressly authorized by Ophtapharm in writing. Any use of the Website or Content not expressly permitted by these Terms is prohibited and may give rise to legal action under Swiss or international law. You further agree not to access the Website by any means other than through a standard web browser in any media.

The Website and Content are provided exclusively for your informational purposes to businesses in the pharmaceutical sector that are (or may become) clients of Ophtapharm. Unless expressly authorized in writing by Ophtapharm, you may not publish, modify, distribute, perform, sell, resell, exploit, or create derivative works from any part of the Website or Content. You also agree not to remove, obscure or modify any acknowledgements, credits or legal, intellectual property or proprietary notices, or any marks or logos displayed on the Website or in the Content.

Specific terms may apply to certain products or services offered on the Website. Such terms (which may include official conditions, limitations, and expiration dates) may be published in connection with the relevant product or service. We urge you to read such terms as well as our Privacy Notice which, in addition to these Terms, governs the processing of any data you submit through this Website. In the event of a conflict, any such specific terms shall prevail over these general Terms.

You must not post, transmit, or otherwise make available through or in connection with this Website and materials that are or may be (i) threatening, harassing, degrading, hateful, intimidating, or otherwise fail to respect the rights and dignity of others; (ii) defamatory, libelous or fraudulent; (iii) obscene, indecent, pornographic or otherwise objectionable; (iv) protected by copyright, trademark, trade secret, right of publicity or privacy or any other proprietary right, without the express prior written consent of the applicable owner; or (v) any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is or is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment.

Linked Website

The Website may contain advertisements, postings and links to websites operated by other parties. The Website provides these advertisements, postings and links as a convenience, and your use of other website, products or services is at your own risk. The advertisements, postings and linked websites are not under the control of Ophtapharm which is not responsible for their content. Such advertisements, postings or links or references to third party goods or services do not imply endorsement of information, material, products or services of any third party or on any other site. Ophtapharm disclaims all liability regarding your access to and use of such information, material, products or website or transactions with such linked website or third parties. You acknowledge and agree that Ophtapharm shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.

YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THE WEBSITE AND/OR SERVICES, INCLUDING, WITHOUT LIMITATION, THE PAYMENT AND DELIVERY OF PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD-PARTY. Ophtapharm ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE OF EACH AND ANY THIRD-PARTY SITE THAT YOU VISIT.

Ownership of Intellectual Property

You acknowledge and agree that, as between Ophtapharm and you, all right, title and interest in and to the Website and Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know how, or any other intellectual property rights, are owned exclusively by Ophtapharm, its affiliates, or its licensors, are valid and enforceable, and are protected by Swiss  intellectual property laws and other applicable laws. You agree that you will not modify, decompile, disassemble, reverse engineer or create derivative works of the Website or any portion thereof. Nothing on this Website shall be construed as granting, by implication or otherwise, any license or right to use any patent, trademark, or proprietary information without the express written consent of Ophtapharm. 

Copyright: All Content, such as text, graphics, videos, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of Ophtapharm, its affiliates or licensors and content suppliers and protected by Swiss and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Website solely for your own information and personal use. Any other use, including without limitation the reproduction, modification, distribution, transmission, publication, display, performance or commercial exploitation of Content, is strictly prohibited. 

Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Website are proprietary to its affiliates or licensors. Unauthorized use of any trademark its affiliates, or licensors may be a violation of applicable trademark laws. Any third-party names or trademarks referenced in the Website do not constitute or imply affiliation, endorsement or recommendation by Ophtapharm of the third parties, or by the third parties of Ophtapharm. 

Submissions, Confidentiality 

Except where governed by our Privacy Policy, any information you submit to Ophtapharm through this Website shall be considered non-confidential. Ophtapharm may freely use such information for any purpose without any compensation to you. 

Get a Quote Function 

The Website also offers a function through which you can request a quote from Ophtapharm. Please make sure to diligently submit all necessary information to allow Ophtapharm to prepare such quote. For the avoidance of doubt, submitting a quote does not result in a contractual agreement as regards the requested services. Ophtapharm is and remains free to decide whether it wishes to enter into a contractual agreement for the provision of the services requested via the Website. Such services shall in any case be subject to a separate agreement with Ophtapharm.

The quote function is not intended for any communication on regulatory matters, adverse events or product complaints between you and Opthapharm. Should you have any concerns regarding our Products please contact us at privacy@ophtapharm.ch.

Your Indemnity of Ophtapharm 

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD Ophtapharm, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, LICENSEES, SERVICE PROVIDERS AND OTHERS ACTING IN CONCERT WITH IT, HARMLESS FROM AND AGAINST ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY YOU OR ON YOUR BEHALF OR BY ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR USE OF OR RELIANCE ON THE WEBSITE OR ANY CONTENT, PRODUCTS, SERVICES OR ACTIVITY, YOUR DEALINGS IN CONNECTION WITH THE WEBSITE, OR YOUR SUBMISSION(S) OR ANY OTHER MATERIALS YOU SUBMIT TO US OR TRANSMIT TO THE WEBSITE; (B) YOUR VIOLATION OF THESE TERMS, ANY APPLICABLE LAWS, OR THE RIGHTS OF OPHTAPHARM OR ANY THIRD PARTY; AND (C) ANY ACTIVITY RELATED TO YOUR ACCOUNT OR ANY OTHER PERSON ACCESSING THE WEBSITE ON YOUR BEHALF. 

Disclaimer

THIS WEBSITE IS INTENDED SOLELY TO DESCRIBE OPHTAPHARM, ITS PRODUCTS AND SERVICES. THE WEBSITE AND CONTENT AND ALL INFORMATION, CONTENT, SERVICES, PRODUCTS AND ACTIVITIES OFFERED, CONTAINED IN OR ADVERTISED ON THE WEBSITE, INCLUDING WITHOUT LIMITATION TEXT, VIDEO, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ophtapharm AND ITS AFFILIATES, LICENSORS, VENDORS, SUPPLIERS AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, CONTENT, SERVICES, PRODUCTS, ACTIVITIES AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW.

ACCESS TO AND USE OF THE WEBSITE AND ITS CONTENT IS AT THE SOLE RISK OF THE USER.

Modifications to the Website, Products, Website or Activities

Ophtapharm reserves the right at any time and from time to time to modify, suspend or discontinue, temporarily or permanently, the Website, products, services or activities or any portion thereof, with or without notice. You agree that Ophtapharm will not be liable to you or to any third party for any modification, suspension or discontinuance of a Website, product, service or activity. You should retain copies of your Submissions that you may want to save and not rely on the Website to preserve your Submissions.

Suspension and Termination Rights

Ophtapharm reserves the right, at its sole discretion, immediately and without notice, to suspend, discontinue, or terminate your access to the Website, products, services or any part thereof for any reason, including without limitation any breach by you of these Terms. You agree that Ophtapharm shall not be liable to you or any third party for any such suspension, discontinuance or termination.

Limitation and exclusion of  Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Ophtapharm AND ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS AND RELATED PARTIES DISCLAIM ANY AND ALL LIABILITY FOR DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE ACCESS TO, USE OF, OR INABILITY TO USE THE WEBSITE, OR THE INFORMATION, CONTENT, PRODUCTS, SERVICES, ACTIVITIES OR MATERIALS AVAILABLE THROUGH IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OPHTAPHARM OR ITS AFFILIATES, LICENSORS, LICENSEES, SUPPLIERS OR RELATED PARTIES SHALL IN NO EVENT INCURR ANY LIABILITY FOR DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR REPUTATIONAL HARM, EVEN IF OPHTAPHARM OR ANY SUCH PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

Governing Law and Disputes

These Terms shall be governed by, and will be construed in accordance with, the laws of Switzerland, without regard to choice of law principles. The United Nations Convention on Contracts for the International Sale of Goods, or any other applicable uniform laws on the international sale of goods, will not govern or otherwise be applicable. All disputes that may arise under these Terms or agreements that may result therefrom, will be submitted to the exclusive jurisdiction of the courts in Zurich, Switzerland.

The Website is administered from Switzerland. Access to this Website from jurisdictions or territories where the Contents of this Website are illegal or penalized is prohibited. Ophtapharm has no obligation to provide access to the Website, products, services or activities referenced on the Website and reserves the right to limit the availability of the Website to any person, geographic area or jurisdiction at any time in its sole discretion.

Miscellaneous

These Terms set forth the entire understanding and agreement between you and Ophtapharm with respect to the subject matter hereof. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. Ophtapharm’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer these Terms or your rights or obligations under these Terms without the prior written consent of Ophtapharm, and any assignment or transfer in violation of this provision shall be null and void. Ophtapharm may assign, transfer, sublicense or delegate our rights or obligations under these Terms either in whole or in part, at any time, at our sole discretion, and without your consent. There are no third-party beneficiaries to these Terms. No joint venture, partnership, shareholder, employment or agency relationship exists between Ophtapharm and you as a result of agreeing to these Terms or your use of the Website, products, services or activities.

IMprint and CONTACT Information

This Website is made available by:

Ophtapharm AG

Riethofstrasse 1

8442 Hettlingen, Switzerland

If you have questions or concerns about these Terms of Use, please contact us using the information below.

Email: [privacy@ophtapharm.ch]

Phone: [+41 52 304 11 11]