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Notice on Disclaimer, Copyright and Limitation of Liability
Application
the use of medisana.asia;
all information stored on or receivable through this or any other www.medisana.asia server (“Information”); and
any goods or services offered, accessed or obtained through Medisana Far East Limited (“Medisana”) by you (“the User”). This notice limits the liability of Medisana Far East Limited and its associated companies, subsidiaries, employees, agents, contractors and any third party Information provider (collectively “MFE”) in relation to any such use, Information, goods and services.
General Disclaimer
MFE expressly disclaims any responsibility, representation or warranty:
in relation to the quality, operation, use, accuracy, or timeliness of, or the fitness or use for any purpose of, asia or the Information;
in relation to any goods or services accessed, offered or obtained through medisana.asia or pursuant to the Information;
that any access to medisana.asia or the Information will be uninterrupted or error free or that the Information does not contain any viruses, or contaminating or destructive properties;
that the Information will not be objectionable or offensive to the User or any other person;
for any error, omission or misstatement in or arising from the Information. MFE does not endorse or recommend any person, organisation, name, product or service referred to in the Information, nor does the Information constitute MFE’s views or opinions. MFE will not be a party to any transaction between the User and any third person in any way relating to the Information or made through medisana.com.hk unless and only to the extent expressly stated in writing otherwise.
Copyright
The Information may be protected under intellectual property laws and rights (including without limitation laws protecting copyright). If the User downloads, copies, transmits, publishes, stores or otherwise uses the Information without the consent of the owner of such rights, the User may infringe such laws or rights. It is the User’s responsibility to determine whether any such infringement (“Copyright Infringement”) will occur.
Limitation of Liability
MFE shall not be liable to the User or any other person whether in tort, contract, statute or otherwise (including without limitation for negligence, breach of contract, defamation, or intellectual property right infringement) for:
any direct loss;
any consequential or indirect loss (including without limitation loss of revenue or profits); or
the User’s liability to any other person, which is suffered or incurred by the User or any other person arising under or in any way out of the Information or medisana.asia’s use.
Confidentiality
MFE does not warrant (and accepts no responsibility for) confidentiality of any information or data whether personal or otherwise transmitted through medisana.com.hk. MFE’s current practice is to take reasonable steps to maintain confidentiality.
User's Obligations
In consideration of MFE allowing the User access to the Information and / or medisana.com.hk, the User agrees:
not to carry out or allow any Copyright Infringement;
not to use the Information or the User’s access to medisana.com.hk for any illegal, improper, obscene or defamatory purpose;
to take all steps to ensure the Information does not damage the User’s information or systems;
to ensure that all information which you provide to medisana.com.hk is true and accurate to the best of your knowledge;
to MFE conducting research on access to the Information;
to all MFE’s disclaimers and limitations of liability set out in this notice; and
to MFE’s personal data policies current from time to time applying.
Third Parties Websites
medisana.com.hk may contain materials produced by third parties or links to other websites. MFE accepts no responsibility or liability in respect of any such third party materials or for the operation or content of other websites (whether or not linked to medisana.com.hk) which are not under MFE’s direct control. MFE reserves the right to require the removal of any link from another website to medisana.com.hk which is installed without obtaining the prior written consent of MFE.
Indemnity
User agrees to hold MFE harmless and indemnify MFE against all losses, damages, claim, demands, liabilities, costs (including legal costs), and expenses in connection with your use of medisana.com.hk in breach of the terms and conditions herein or negligence.
Availability and Suitability of Services
MFE does not warrant that the information or materials contained in medisana.com.hk are current or accurate or that any of the products or services featured on medisana.com.hk are available. MFE may change the materials appearing on medisana.com.hk at any time without notice.
Law and Severability
Hong Kong law governs this notice, and each part of this notice shall apply to the extent permitted thereby. Any part of this notice which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of this notice nor affect the validity or enforceability of that part in any other jurisdiction. Where this disclaimer is available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
All services offered on the Website (“Services”) shall, unless explicitly stated otherwise, be subject to these terms and conditions. You understand and agree that MFE assumes no responsibility for the timeliness, deletion, mis-delivery or failure of the provision of any Services.
You understand that the technical processing and transmission of the Services may involve :
transmissions over various networks; and
changes to conform and adapt to technical requirements of connecting networks or devices.
MFE shall, accordingly, in no circumstances, be liable for any failure of any Services in whole or in part or for your inability to gain access in whole or in part to such Services due to the delay or failure of any communication networks or any party providing such access.
Registration
You may be asked to fill in one or more than one of our registration or application forms (on-line or otherwise) before certain Services become available to you. In filling in those forms, you undertake to :
provide true, accurate, current and complete personally identifiable information about yourself as required;
provide true, accurate, current and complete information about any contents posted or offered by you through any Websites (“Other Information”); and
maintain and promptly update your personally identifiable information and Other Information to keep it true, accurate, current and complete.
If you provide any Other Information or personally identifiable information that is untrue, inaccurate, not current or incomplete, or MFE has reasonable grounds to suspect that such is untrue, inaccurate, not current or incomplete, MFE has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).
Minors
If you are under the age of eighteen, a minor or not capable of assuming legal responsibility, you should seek advice from your parents or guardians as to the meaning and consequences of these terms and conditions before using any of the Services. You must not provide us with your personally identifiable information unless you have received the consent from your parents or guardians. MFE presumes that every User of the Websites has the requisite capacity required for any use of any of the Services and, by using any of the Services, you undertake and warrant to us that you have the requisite capacity. MFE is not obliged to verify the age or capacity or any Users, but in the event it is discovered that any Users lack the requisite capacity, MFE reserves the rights as may be available against such Users, or the parents or guardians of such Users, including the right to be indemnified by them against all the loss or damage suffered by us as the result of the said lack of capacity or to cancel their registration and terminate their access to the Website.
Account PIN & Password
You will receive a password and/or Personal Identification Number (“PIN”) upon completing our on-line registration form. You are responsible for maintaining the confidentiality of the said passwords and PIN, and are fully responsible for all activities that occur under those passwords or PIN. You agree to
immediately notify MFE of any unauthorized use of your passwords or PIN or any other breach of security; or
ensure that you exit from your passwords or PIN at the end of each visit to the Websites. MFE cannot and will not be liable for any loss or damage arising from your failure to comply with this clause or your use of any digital or electronic certificates in connection with the Services.
You acknowledge that the said passwords and PIN are confidential and must not be disclosed to any other person(s) under any circumstances. Any words, action or conduct whether intentional or unintentional, by you breaching that confidentiality shall render you liable to MFE for all losses and damages thereby caused. You shall take all necessary precautions to maintain the confidentiality of the said passwords and PIN. You hereby agree and acknowledge that the use of the Services by any person whatsoever (whether authorised by you or not) with those passwords and PIN shall constitute and be deemed the use of the Services by you. You shall notify MFE immediately of any actual or possible unauthorised use of those passwords and PIN and shall confirm the same in writing without delay to MFE. Until MFE has received such written confirmation you shall have no claim against MFE and shall be liable to MFE for all losses and damages incurred by MFE in respect of any use of the Services whether authorised by you or not.
You acknowledge and agree that the only duty of MFE is to verify those passwords and PIN and MFE shall not be liable in respect of:
a. any loss or damage suffered by you or any other person as a result of any failure to effect or execute instructions through various electronic delivery channels or perform any obligation thereunder where such failure is attributable either directly or indirectly to any circumstances or events outside our control: and
b. any other loss or damage whatsoever suffered by you or by any other person as a result of any instructions through various electronic delivery channels given with the correct password and/or PIN.
Modifications of Services
MFE reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that MFE shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
No Resale of Services
You undertake not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.
Part II : General Terms
Assignment and Termination
Unless otherwise expressly stated herein, your rights under these terms and conditions are not assignable by you. MFE reserves the right to deny access to or the use of the Website by any User at any time without prior notice.
Law and Severability
The Terms shall be construed in accordance with, and this agreement is governed by the laws of the Hong Kong Special Administrative Region of the Peoples’ Republic of China (“Hong Kong”) and each part of these terms and conditions shall apply to the extent permitted thereby. Any part of these terms and conditions which is prohibited or unenforceable in any jurisdiction is ineffective as to that jurisdiction only to the extent of the prohibition or unenforceability. That does not invalidate the remaining parts of these terms and conditions nor affect the validity or enforceability of that part in any other jurisdiction. Where these terms and conditions are available in Chinese, the English version is the governing version and shall prevail whenever there is a discrepancy between the two versions.
Enquiries
Should you have any enquiries concerning our Privacy Policy and seek help for services which are provided by MFE, please feel free to contact our Customer Services Department:
Medisana Far East Limited Room E & F, 31/F., YHC Tower 1 Sheung Yuet Road, Kowloon Bay Kowloon, Hong Kong Email Address: support@medisana.com.hk
Please note that these terms and conditions may be amended from time to time without prior notice. You are advised to check it on a regular basis.
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