AbbVie Care Terms & Conditions, Terms of use and Privacy


Terms & Conditions

  1. Only New Zealand residents who are prescribed HUMIRA (adalimumab), namely for rheumatoid arthritis, polyarticular juvenile idiopathic arthritis, psoriatic arthritis, ankylosing spondylitis, Crohn’s disease, ulcerative colitis or psoriasis (“Condition”) are eligible to enrol in AbbVie Care (the “Programme”).

  2. The Programme is sponsored by AbbVie Limited (“AbbVie”) and managed and administered by Atlantis Healthcare Limited (Company number 834483) (“Atlantis”) and Melon Health Limited (Company number 3351973)(“Melon”). Atlantis and/or Melon will provide and deliver all communications, including all phone calls, mail, emails, online messaging and SMS for the Programme.

  3. The Programme offers a range of health, wellness and logistics services (further detail on each is outlined below). Involvement in the Programme is designed to complement and support the prescribing instructions of your healthcare practitioner who is responsible for prescribing HUMIRA for your Condition (your "Prescribing Specialist").

  4. You may opt out of any part of the Programme (eg. phone calls, mail, SMS, emails and/or other communications) or the whole Programme at any time by calling 0800 848 243 or writing to AbbVie Care, c/o- Atlantis Healthcare, PO Box 37012, Parnell, Auckland, 1151.

  5. AbbVie reserves the right to cease funding certain aspects of the Programme and/or terminate the Programme without notice at any time.


    Services

  6. The Programme consists of the following services:

    1. Programme Website

      The Programme website located at www.abbviecare.co.nz (“Programme Website”) is operated by and hosted on Melon’s platform. It is monitored by Melon staff in conjunction with AbbVie Care Nurses employed by Atlantis. Melon and Atlantis will provide all contact to you in regard to your use of the Programme Website. AbbVie does not have access to the Programme Website. The Programme Website is only available to New Zealanders over 18 years of age. The services offered from the Programme Website can only be accessed by secure login following enrolment into the Programme.

      The Programme Website offers the following;

      1. Ordering of an AbbVie Care Welcome Pack, Sharps Containers (and a list of participating pharmacies where the Sharps Containers may be disposed), Travel Wallets and other Programme materials to support you while using HUMIRA;

      2. Reminder Services consists of SMS, email and /or website notifications regarding the timing of your injection, prescription collection, and appointments with your Prescribing Specialist (or any other healthcare provider appointments that you chose to record in your Appointments tab located in the Programme Website);

      3. Resources and Articles discussing topics related to HUMIRA and managing your Condition;

      4. Tools to support you in managing your Condition and using HUMIRA including self-assessments, wellbeing activities and injection tracking;

      5. Social Forums. The Programme Website has two forums:

        1. AbbVie Care Community: connecting you to other people using HUMIRA irrespective of his/her Condition; and

        2. Therapeutic Condition Group Messaging connecting you to other people with the same Condition as you (and the other conditions in your therapeutic class) using HUMIRA as follows:

          1. Rheumatic conditions - rheumatoid arthritis, polyarticular juvenile idiopathic arthritis, psoriatic arthritis or ankylosing spondylitis;

          2. Gastroenterology conditions - Crohn’s disease or ulcerative colitis; or

          3. Dermatology conditions - psoriatic arthritis or psoriasis.

          You will be required to read and accept the Community Code (governing use of the Social Forums) the first time you access either of these forums.

      6. AbbVie Care Nurse Contact offering online messaging and video appointments.

    2. AbbVie Care Nurse Support

      Following your enrolment, a dedicated AbbVie Care Nurse will phone you to verify your enrolment and provide more details regarding the Programme. If required the AbbVie Care Nurse will arrange a home visit to educate you on injecting HUMIRA (if possible based on your location). In addition, the AbbVie Care Nurse will provide you with support via phone or online messages. You can access the AbbVie Care Nurse via the phone or on the Programme Website. The Programme offers up to five (5) telephone calls from a dedicated AbbVie Care Nurse, supporting the areas of importance to you as identified by the screening questions during enrolment, and further follow up telephone calls to determine your progress and any further actions. From time to time, your dedicated AbbVie Care Nurse will correspond with your Prescribing Specialist to keep him/her updated on your progress.

    3. Sharps Disposal Service

      You will be provided with a sharps disposal container following enrolment into the Programme and you may continue to order new sharps disposal containers via the Programme Website. Disposal of the filled container is also available at selected pharmacies. A list of the selected pharmacies is available on the Programme Website or by phoning 0800 848 243.

    Enrolment

  7. Enrolment in the Programme is by the Programme Website or by phone.

    1. Website enrolment: You will be required to enter a valid HUMIRA LOT number during the enrolment process. If you do not have a valid HUMIRA LOT number, you will be directed to phone Atlantis (or arrange for Atlantis to phone you) to complete your enrolment into the Programme.

    2. Phone enrolment: You will be asked to confirm that you agree to the Programme Terms and Conditions and the handling of your personal information in accordance with the Programme Privacy Policy. If you agree, you will be enrolled into the Programme.

    3. During enrolment you will be:

      1. asked screening questions, which are designed so that we can modify the Resources and Articles, Tools and AbbVie Care Nurse Contact provided to you during the Programme. You will also be asked to set your Reminder Services and to set up your profile; and

      2. read and accept the Community Code, which governs use of the Social Forums.

Terms of use of the Programme Website

These Terms of Use govern your access to the Programme Website. These Terms of Use do not apply to third party websites to which the Programme Website may link. By accessing the Programme Website, you agree to accept and comply with these Terms of Use and the Programme Privacy Policy].

AbbVie reserve the right to amend at any time these Terms of Use, and by using the Programme Website, you acknowledge that you have read, understood and agree to be bound by the then current Terms of Use. If you do not accept the Terms of Use or changes to the Terms of Use, you must not use or continue to use the Programme Website.

You acknowledge and agree that the information on the Programme Website is provided for your general information only and does not constitute advice in anyway. You should not use or act on this information without first seeking proper information and advice from qualified healthcare professionals in relation to your particular circumstances.

Atlantis and/or Melon may at any time at its absolute discretion without giving prior notice delete, alter or move content on Programme Website.

Your use of the Programme Website

By using the Programme Website, you agree:

  1. to make sure you access and use the Programme Website in a reasonable and proper manner for your personal use only and never in a way that breaks any applicable local, state, national or international laws or regulations or infringes our or anyone else’s rights;

  2. to comply with all Melon and/or Atlantis’ directions and restrictions regarding the use of the Programme Website;

  3. not to authorise or encourage any third party to:

    1. use the Programme Website for any fraudulent or inappropriate purpose

    2. resell, duplicate, reproduce or exploit any part of the Programme Website without the express written permission of AbbVie;

    3. use any robot, spider, other automated device, or manual process to monitor or copy any content from the Programme Website;

    4. attempt to undermine the security or integrity of the Programme Website, circumvent any restrictions Melon place on your use of the Programme Website, or obtain access to any part of the Programme that you have not expressly been given permission to access;

    5. reproduce, duplicate, modify, reverse engineer, copy, resell, sub-license, create derivative works from or exploit any portion of the Programme Website; and/or

    6. reproduce, copy or use any images, graphics and materials of the Programme Website for any purpose without AbbVie’s explicit written consent;

  4. that you are responsible for maintaining the security and confidentiality of your password;

  5. that you will be solely responsible for all activities by authorised users that occur under your username or account;

  6. if you become aware of or suspect any unauthorised use of your username, password or account, you must notify Melon and/or Atlantis immediately; and

  7. to assist Melon and/or Atlantis in making appropriate security checks where reasonably required to verify account-related instructions, requests and activities.

If your password becomes known to an unauthorised person as a result of your act, omission or your failure to comply with these Terms of Use, you will be liable for all unauthorised use of the Programme Website or your account, whether such use occurs before or after you notify Melon and/or Atlantis.


You authorise Melon and/or Atlantis to act on any instruction it receives which is given using your username or through your account. This applies whether or not the instructions were actually given by you. Melon and/or Atlantis may, but are not required to:

  1. enquire about or attempt to verify the authenticity of any instruction or request; or

  2. refuse to act on any instruction or request if in our opinion this is justified.

No confidential relationship

Except as expressly stated and agreed upon in advance by AbbVie, Melon and/or Atlantis, no confidential relationship will be established in the event that any use of the Programme Website should make any oral, written or electronic communication to Melon and/or Atlantis (such as feedback, questions, comments, suggestions, ideas, etc.). The sender of any information to Melon and/or Atlantis is fully responsible for its content, including its truthfulness and accuracy and its non-infringement of any other person's proprietary or privacy rights.

Third party material

References to other websites and information provided by third parties are provided for your convenience only and do not constitute or imply endorsements of any other organisation or any affiliation between AbbVie and any other organisation. Where third parties provide certain content on the Programme Website, AbbVie, Melon and/or Atlantis are not responsible for and makes no representations in relation to the accuracy, reliability, suitability, currency, completeness or lawful nature of such content. AbbVie, Melon and/or Atlantis are not liable for any loss arising from any reliance on content provided by or on behalf of third parties. AbbVie, Atlantis and/or Melon do not guarantee or make any representations regarding the suitability, merchantability or fitness of products or services provided to you by or on behalf of any parties that make information available from time to time on or from the Programme Website.

Availability of the Programme Website

While Melon and/or Atlantis will endeavour to provide continuous access to the Programme Website. AbbVie, Melon and/or Atlantis do not warrant or represent that your access will be uninterrupted, timely, secure or virus or fault free. Your access to the Programme Website may be suspended in the case of system failure, maintenance, repair or any reason beyond our control.

Exclusion and limitation of liability

To the maximum extent permitted by law, AbbVie, Melon and/or Atlantis excludes any and all liability for any claims, liabilities, losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss) whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with:

  1. the use of or inability to use the Programme Website or with any delay in using the Programme Website including, but not limited to, any errors, omissions in, delays or interruptions to or cessation of access to the Programme Website or caused by any virus as a result of accessing the Programme Website;

  2. any information and material obtained from or through the Programme Website; or

  3. otherwise arising out of the use of the Programme Website,

in each case whether based on actions arising in contract, tort or otherwise howsoever arising, including negligence.

This exclusion applies to the maximum extent permitted by any applicable law, even if AbbVie, Melon and/or Atlantis has been advised of the possibility of damages or an account of profits.

Indemnity

You indemnify AbbVie, Melon and/or Atlantis and hold AbbVie, Melon and/or Atlantis indemnified from any claim, demand or expense made by or on behalf of any third party for damages or an account of profits or any equitable relief including, but not limited to, consequential, direct, incidental or other damages (including legal fees on a solicitor-own client basis) for any breach by you of any law or the rights of a third party including, but not limited to, any breach occurring in relation to an activity arranged or conducted pursuant to the direct or indirect use of the Programme Website.

Intellectual Property

Unless otherwise stated, all copyright and other intellectual property rights subsisting in the Programme Website and the material on the Website (including, without limitation, the text and graphics comprised in the Website) are owned or licensed by AbbVie and protected by the laws of New Zealand and other countries.

You are authorised to view the Programme Website and its contents using your web browser. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any of the material on the Programme Website, except as permitted by statute or with our prior written consent.

Termination

Melon and/or Atlantis may, terminate or limit your access to the Programme Website in their absolute discretion without notice or liability to you for any reason including:

  1. if you breach any part of the Terms & Conditions;

  2. if they are required to do so by applicable law;

  3. if you use the Programme Website for any activities which breach any laws, regulations, standards or codes, or infringe a third party’s rights or privacy;

  4. if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.

The limitations of liability and disclaimers made by us in these Terms of Use will survive termination of your access to the Programme Website. If any of these Terms of Use are invalid or unenforceable, the relevant term will be struck out and the remaining terms will remain in force. If Melon and/or Atlantis do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

Privacy Statement

Atlantis and/or Melon will collect, use, store and/or disclose personal information relating to you in connection with the Programme, for purposes of administering your involvement in the Programme. Atlantis and/or Melon use your personal information primarily to manage your participation in the Programme and for other purposes as notified to you. Atlantis and/or Melon will not use your personal information for any other purposes unless Atlantis and/or Melon have your consent to do so or is required to do so by law. If you do not provide personal information when requested, Atlantis and/or Melon will not be able to manage your participation in the Programme and, as a result, you may not be able to participate. Atlantis takes reasonable steps to protect such personal information from misuse, interference, loss and unauthorised access, modification or disclosure. Your personal information will be handled in accordance with the Programme Privacy Policy which details (amongst other things) how you can access, correct or complain about the handling of your personal information, and how Atlantis and/or Melon will respond to your requests or complaints. If you have any questions or if you would like a copy of the Programme Privacy Policy, or if you would like to see or correct your records or if you have any queries or complaints, please contact Atlantis at any time at any time by calling 0800 848 243 or writing to AbbVie Care, Atlantis Healthcare, PO Box 37012, Parnell, Auckland, 1151.

Before you submit any information and agree to enrol in the Program, you should be aware of and consent to the following:

Consent

By providing your personal information (including your name, age, contact details; as well as, sensitive information relating to your Condition being treated with HUMIRA), you consent to Atlantis and/or Melon on behalf of AbbVie collecting and using your personal information in accordance with the Programme Terms and Conditions and the Programme Privacy Policy in connection with the administration and management of the Programme. In particular, you consent to a representative of Atlantis contacting you to confirm your consent to participate in the Programme and your acceptance of the Programme Terms and Conditions and the Programme Privacy Policy.

Collection and use of your Personal Information

Atlantis and/or Melon may collect personal information directly from you, and also from your Prescribing Specialist, the Prescribing Specialist’s clinic nurses as well as third parties involved in the delivery of the Programme. Your personal information will be stored in a Programme database via which it will be accessible by Atlantis and/or Melon in accordance with the Programme Terms and Conditions and the Programme Privacy Policy. Atlantis and/or Melon may also disclose your personal information to other persons involved with the Programme, such as third party service providers, in accordance with the Programme Terms and Conditions and the Programme Privacy Policy. Atlantis and/or Melon may use your personal information to contact you as necessary to clarify certain aspects of your personal information and/or to review your experience/participation in the Programme.

Data sharing with AbbVie

Any self-reported adverse events that arise from using HUMIRA will be reported to AbbVie for the purpose of reporting this information to the appropriate regulatory notification body and/or in accordance with AbbVie’s adverse event reporting processes. AbbVie may also use the personal information to contact you to obtain additional information relating to your adverse event. Otherwise, de-identified information relating to your participation in the Programme such as use of the Social Forums and quotes, material ordering, statistical information and demographic data will be collated into a report for AbbVie. AbbVie may use this information for internal purposes, including planning and managing resources for the Programme analysis, research purposes, effectiveness review and to inform improvements. AbbVie may disclose the information to third parties in order to promote awareness of the Programme and to publish the information in reports or medical publications. You will not be able to be identified in any form of report or publication. Any personal information collected by AbbVie will be handled in accordance with AbbVie's privacy policy available at www.abbvie.com/privacy.html.

NZ-HUM-0098 TAPS PP9547 Prepared April 2017