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Terms and Conditions of Use

TO USERS OF MEDISANA WEBSITES

 

Medisana Hong Kong (“Medisana”) provides website features to you subject to the following terms and conditions (the “Terms and Conditions”). If you visit at www.medisana.com.hk, you accept the Terms and Conditions.

 

  1. While Medisana uses reasonable efforts to include accurate and up-to-date information in its Web Site (the “Site”), Medisana does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free nor does Medisana make any explicit or implied service performance guarantee. Medisana does not warrant that your use of the Site will be uninterrupted and Medisana does not warrant that any information (or messages) transmitted via the Site will be transmitted accurately, reliably, in a timely manner or at all. Medisana assumes no liability or responsibility for any loss and damages arising from or related to the use of the content of the Site.
    You should assume that everything you see or read on the Site, including text, graphics, images, music, logos, button icons, links, HTML code, trademarks, software and other materials (collectively the “Content”) is owned, controlled or licensed by or to Medisana and is protected by the relevant patent, copyright and trademark laws. You may not be used the Content, except as provided in these Terms and Conditions or in the text on the Site, without the prior written permission of Medisana. Medisana neither warrants nor represents that your use of the Content will not infringe any rights of third parties not owned by or affiliated with Medisana.
  1. YOU EXPRESSLY AGREE THAT YOUR USE OF AND BROWSING IN THE SITE ARE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER MEDISANA, ANY OF ITS EMPLOYEES, AGENTS, REPRESENTATIVES NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SHALL HAVE ANY LIABILITY, WHATSOEVER, FOR ANY DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, OR INABILITY TO USE THE SITE OR ANY OTHER HYPER LINKED WEB SITE, INCLUDING BUT NOT LIMITED TO, ANY LOST PROFITS, LOST SAVINGS, BUSINESS INTERRUPTION, LOSS OF ANY EQUIPMENT, MEDIA OR DATA, OR OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, EVEN IF MEDISANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. WITHOUT LIMITING THE FOREGOING, EVERYTHING ON THE SITE IS PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS.   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MEDISANA MAKES NO WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OR LIMITATIONS OF IMPLIED WARRANTIES, INCIDENTIAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. MEDISANA MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESSED OR IMPLIED, FOR ANY OTHER WEB SITES THAT MAY BE ACCESSED THROUGH ITS SITES. ANY SUCH LINKS ARE PROVIDED SOLELY FOR CONVENIENCE AND MEDISANA IN NO WAY ENDORSES, ACCEPTS OR ASSUMES RESPONSIBILITY FOR THE CONTENTS AND/OR USE OF ANY SUCH SITES. MEDISANA ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES FROM VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT, NOR FOR ANY DAMAGE OR LOSS OF ANY EQUIPMENT, MEDIA, DATA OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE.
  1. Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise set forth herein. Anything you transmit or post shall become the property of Medisana, its subsidiaries, affiliates, successors and/or assigns and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Medisana shall be free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose, whatsoever, including but not limited to, developing, manufacturing and marketing of products using such information.
  1. Images of people or places displayed on the Site are either the property of, or used with permission by, Medisana. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or if specific permission is provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and/or communications regulations and statutes.
  1. The trademarks, logos, and service marks (collectively, the “Trademarks”) displayed on the Site are registered and common law Trademarks of Medisana and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any License or right to use any Trademark displayed on the Site without the written permission of Medisana or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, is strictly prohibited. You are also advised that Medisana will aggressively enforce its intellectual property rights to the fullest extent of the law, which may include civil and/or criminal prosecution.
  1. Although Medisana may, from time to time, monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Medisana is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Medisana will fully cooperate with any law enforcement authorities or court order requesting or directing Medisana to disclose the identity of anyone posting any such information or materials.
  1. You agree to indemnify and hold Medisana, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Medisana by any third party due to or arising out of or in connection with your use of the Site.
  1. The Site may contain links to other Internet sites and resources. Medisana will not be responsible for the availability of these outside resources, or their contents, nor do Medisana endorse nor be responsible for any of the contents, advertising, products or other material on such sites. Under no circumstances shall Medisana be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by your use of or reliance on any content, goods or service available on such sites. Any concerns regarding any external link should be directed to its responsible site administrator or webmaster. 
  1. You may be able to place an order through the Site and such order constitutes an offer from you to Medisana. After you place an order through the Site we will review the information you provided for validity by verifying your method of payment, billing and/or shipping address. Orders may not be accepted for delivery to certain addresses and territories based upon your location and invalid order information will result in delays processing your order. For product purchases, your receipt of an order confirmation does not constitute Medisana’s acceptance of your order. Medisana reserves the right not to sell to resellers.
  1. Please review our other policies, such as our privacy policy posted on the Site as these policies also govern your visit to the Site. Additional terms and conditions may apply to purchase of goods or services and to specific portions or features of the Site. We reserve the right to make changes to our website, policies, and these Terms and Conditions at any time without notice. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.
  1. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Hong Kong. You agree to the jurisdiction by and venue in the courts of Hong Kong and waive any objection to such jurisdiction or venue. The Medisana Web Site is operated and administered by companies with business residence in Hong Kong. Medisana makes no representation that information, software and/or documentation on the Medisana Web Site are appropriate or available for viewing or downloading at locations outside of Hong Kong. If Users access Medisana Web Site from outside of Hong Kong, they are exclusively responsible for compliance with all local laws. Access to Medisana Web Site's information, software and/or documentation from countries where such content is illegal is prohibited. These Terms of Use shall be governed by - and all disputes relating to or in connection with these Terms of Use or their subject matter shall be resolved in accordance with - the laws of Hong Kong, to the exclusion of its conflict of laws rules. The application of the United Nations Convention on Contracts for the International Sales of Goods (CISG) of 11 April 1980 is excluded.