TO USERS OF MEDISANA WEBSITES
- You should assume that all material on the Site is protected by copyright unless otherwise noted and may not be used except as permitted in these Terms and Conditions or in the text on the Site.
- Your use of the Site is at your risk. Medisana makes no warranties or representations as to its accuracy and Medisana specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site. Neither Medisana nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
- Features and specifications of products described or depicted on the Site are subject to change at any time without notice. Non-metric weights and measures are approximate. All monitor screens are measured diagonally; all monitor screen images contained in this database are simulated pictures unless otherwise indicated.
- Medisana assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment 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.
- Materials displayed on the Site are either the property of, or used with permission by, Medisana. The use of these materials by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or 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 civil and criminal statutes.
- The Site refers to products and/or services that are generally available for purchase in Malaysia but may not be available in your particular country or locality. The reference to any such products or services in this Site does not imply or warrant that these products or services will be available at any time in your particular locality. You should therefore check with your local Medisana authorized representative for specific product/service availability in your locality.
- Medisana is not responsible for the content of any site linked to or from the Site. Your linking to any other site is entirely at your own risk. While Medisana may provide links on this Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site or the content of the site. Medisana disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
- 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 contents of any such communications nor for any error, defamation, libel, obscenity, profanity, or inaccuracy contained in any such communication. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, libelous, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or 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 such materials.
- Medisana may at any time revise these Terms and Conditions by updating this posting. Since you are bound by these Terms and conditions, you should therefore periodically visit this page, by clicking the Legal and Trademark hyperlink at the bottom of the Medisana Web pages, to review the then current Terms and Conditions.
- These Terms and Conditions are to be governed by and construed in accordance with the law of Malaysia, without reference to its conflicts of law rules.
The trademarks, including but not limited to, "MEDISANA" are trademarks of Medisana and/or its affiliates. Any other trademarks used in the Site are trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or rights of use any trademark displayed on the Site without the written permission of Medisana or such third party owner. Windows is a registered trademark of Microsoft Corporation.
Medisana Membership Rules
Medisana membership is strictly country and area specific and the Site is targeted at users resident in the Malaysia. In order to become a Medisana member on this Site, you must register by providing required personal information or you must be a holder of a Medisana product for which the warranty period is still running in which case Medisana will invite you (if it has not already done so) to become a Medisana member.
- Members should be individual persons and not corporate entities. One membership is allowed per person. Your membership will be effective when your online registration is accepted and communicated to you via email acknowledging the new membership. You will receive a membership user ID and password that may be used by you for all your transactions on the Site.
- Use of your membership user ID is expressly limited to you and you may not transfer your membership to any other party, whether temporarily or permanently. You agree to bear sole responsibility for all use of your membership and for the confidentiality of your password. Medisana will suspend access or change access to your account upon notification by you through e-mail to Medisana that your password has been lost, stolen or otherwise compromised.
- Only registered MEDISANA members may access the services on the Site. You shall ensure that your membership user ID and password are kept in a secure and confidential manner, and you must not permit its release to third parties. You are solely responsible for maintaining the confidentiality of your membership user ID and password.
- If, at any time, you are no longer a user resident in the Malaysia, please inform Medisana promptly by e-mailing www.medisana.com.my. Medisana will reply to you with details of how your MEDISANA Membership may be affected or terminated by Medisana.
- You hereby agree to:
(a) be solely responsible for and take all such measures and steps to maintain and protect the confidentiality of your password (including but not limited to changing your password from time to time); (b) take all such measures and steps to prevent any unauthorized use of your membership user ID; (c) taking all such measures and steps to prevent publication of your password; (d) be solely responsible for any and all activities which occur and/or any and all messages, information and other materials furnished, created and/or posted under your membership user ID; (e) immediately notify Medisana if you become aware of or have reason to believe that there is any unauthorized use of your membership user ID or any other breach of security, to co-operate with Medisana in all such security investigations and to indemnify, defend and hold harmless Medisana for any liability or expense arising from such use or misuse.
- You are responsible for any and all activities and transactions performed through your membership user ID on the Site. Any transaction or use of the Site under your membership user ID which is authenticated by your password shall be deemed to be on your behalf or as your agent, with due authorization from you at all times. Any transaction made on the Site using any of your membership user ID and password and through your membership user ID shall be deemed to be binding on you. Use of the Site by any unauthorized personnel is prohibited. You shall notify Medisana immediately of any unauthorized use of any user identification, passwords or other security information, or breach of security. Medisana cannot and will not be liable for any loss or damage arising from your failure to comply with this requirement.
- You shall acquire no rights to your membership user ID or password selected by you or assigned to you by Medisana and Medisana reserves the right to change the same as its sole discretion without being liable to you for any loss or damage of any nature whatsoever (whether direct, indirect, incidental, punitive, exemplary or consequential) suffered.
- You are required to provide information about yourself for registration or otherwise which is complete and accurate. You may update the information online from time to time.
- You must promptly inform Medisana of any: (1) changes in your home address; (2) breaches of security, including loss, theft, or unauthorized disclosure or use of your membership user ID or password; or (3) changes in your e-mail address. Until Medisana receives notice of a breach of security, you will remain liable for any unauthorized use charged to your membership user ID.
- You acknowledge and represent that: (a) you are not younger than 13 years old; or (b) where you are younger than 13 years old, that you have obtained the consent of one or both of your parents or of your guardian, in respect of your use of the Site and your membership user ID.
- You acknowledge and agree that your use of the Site as a MEDISANA member shall be governed by the prevailing MEDISANA Terms and Conditions of Use (detailed above) and that any breach by you of these MEDISANA Terms and Conditions of Use shall constitute a breach by you of these MEDISANA Membership Rules.
- You also agree to abide by and comply with a separate set of terms and conditions in respect of any purchase of Products by you arising out of or in connection with your use of the Site.
- Notwithstanding the foregoing, you acknowledge and agree that any contracts in relation to the purchase of Products from any third party by you arising out of or in connection with your use of the Site are between such third party and you, and that insofar as Medisana is involved in any such contract, Medisana is acting only as an agent or contractor of that third party. You acknowledge and agree that in all circumstances your only recourse in respect of any such contract shall be against that third party, and that you shall not under any circumstances have any recourse against Medisana.
- Information and materials which you find published on the Site may be the property of Medisana or others, and may be protected by and/or contain various intellectual property rights, including without limitation copyrights and trademarks. You may not copy, redistribute or commercially exploit such materials without the express written permission of the owner(s) of such information or materials.
- You warrant that all materials you submit for publication or posting on the Site will not violate or infringe any copyright, trademark, patent, design right or other statutory, common law or proprietary rights of others, or contain anything obscene or libelous. By submitting information or materials owned by you for publication or posting on, or distribution through, the Site, you will be deemed to have granted Medisana non-exclusive permission to redistribute by transmission the information or materials worldwide without charge or liability. Medisana reserves the right, in its sole and absolute discretion, but is under no obligation, to refuse to post, delete or edit any information that you submit or enter into the Site. You agree that you will not hold, nor seek to hold, Medisana liable for the loss of data or the misappropriation or infringement of any intellectual property right to which you claim ownership. You agree that Medisana is the owner of any and all rights and interests (including without limitation copyrights) in the Site.
- You acknowledge that from the Site you can access World Wide Web content that might contain illegal or offensive materials. You acknowledge that Medisana is not liable for any World Wide Web content, other than that which it or its authorized agents or contractors directly author.
- You acknowledge that Medisana has the right to delete any of your files on the Site, at its sole and absolute discretion.
- Medisana may terminate your membership or take any other action it deems in its sole and absolute discretion necessary and/or appropriate, if it believes, in its sole and absolute discretion, that you have violated any of these Medisana Membership Rules.
- In the event of termination of your membership for any reason, you will remain obligated not to violate the rights of any person or entity with respect to any materials you may have downloaded from the Site.
- All areas and portions of the Site are considered public and, as such, there is no expectation of privacy or confidentiality. Medisana reserves the right to maintain, and make use of, chat logs, and any other means that it deems in its sole and absolute discretion necessary and/or appropriate, to ensure that subscribers to the Site are complying with the rules of online behavior above.
- Medisana makes no warranties on the future availability of any content on the Site. It reserves the right to modify or discontinue any content on the Site at any time, for any reason, without any advance notice.
- YOU AGREE TO INDEMNIFY AND HOLD MEDISANA, ITS PARENTS, SUBSIDIARIES, CONTENT PROVIDERS AND THEIR OFFICERS AND EMPLOYEES, HARMLESS FROM ANY CLAIMS AND EXPENSES, INCLUDING REASONABLE LEGAL EXPENSES, ARISING OUT OF OR IN CONNECTION WITH YOUR VIOLATION OF THESE MY MEDISANA MEMBERSHIP RULES, INCLUDING ANY ABUSIVE OR UNLAWFUL BEHAVIOUR ON THE PART OF YOU OR ANYONE USING YOUR MEMBERSHIP USER ID OR PASSWORD, AND/OR THE INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON IN CONNECTION WITH YOUR USE OF ANY PORTION OF THE SITE OR YOUR MEMBERSHIP USER ID.
- Medisana reserves the right in its sole and absolute discretion to modify without prior warning or notice these Medisana Membership Rules. You agree that your continued use of the Site after such modification shall constitute an affirmative acknowledgement by you of the modifications and agreement by you to abide and be bound by such modifications. As such, Medisana recommends and advises you to visit this web page to review the prevailing Medisana Membership Rules on the Site.