These Terms of Use govern your access to web sites controlled by PharmaCare (Asia) Sdn Bhd, including its subsidiaries and affiliates (“PharmaCare”), which link to these Terms of Use (“PharmaCare Websites”). These Terms of Use do not apply to PharmaCare web sites that do not link to these Terms of Use, to residents of certain geographical areas including countries, or to third- party web sites to which PharmaCare Websites may link. Your use of PharmaCare Websites is subject to these Terms of Use and the Privacy Policy.
Without prejudice to your rights under applicable law, PharmaCare reserves the right to amend these Terms of Use to reflect technological advancements, legal and regulatory changes and good business practices. If Pharmacare changes these Terms of Use, an updated version of these Terms of Use will reflect those changes. By accessing or using the PharmaCare Websites, you agree that you have read, understand, and agree to be bound to the current version of these Terms of Use which you may view when accessing the PharmaCare Websites. If you disagree with these Terms of Use, or are dissatisfied with the PharmaCare Websites, your sole and exclusive remedy is to discontinue using this PharmaCare Websites.
DISCLAIMERS
You acknowledge and agree that:
Although we strive to provide on the PharmaCare Websites the latest developments relating to our products and services, and other information about PharmaCare, we do not warrant the accuracy, effectiveness and suitability of any information contained in the PharmaCare Websites. Each person assumes full responsibility and all risks arising from use of the PharmaCare Websites. The information is presented “AS IS” and may include technical inaccuracies or typographical errors. PharmaCare reserves the right to make additions, deletions, or modifications to the information contained on the PharmaCare Websites at any time without any prior notification.
- PharmaCare makes no representations or warranties of any kind or nature with respect to the information or content posted on the PharmaCare Websites. PharmaCare hereby disclaims all representations and warranties, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement. In no event shall PharmaCare be liable for any damages of any kind or nature, including, without limitation, direct, indirect, special (including loss of profit) consequential or incidental damages arising from or in connection with the existence or use of the PharmaCare Websites, and/or the information or content posted on the PharmaCare Websites, regardless of whether PharmaCare has been advised as to the possibility of such damages.
- PharmaCare is not responsible, and provides no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any hyperlinks to or from third-party sites. Except as otherwise provided on the
PharmaCare Websites, PharmaCare will not edit, censor or otherwise control any content provided by third parties on any bulletin board, chat room or other similar forums posted on the PharmaCare Websites. Such information should, therefore, be considered as suspect and is not endorsed by PharmaCare.
- The PharmaCare Websites may contain forward-looking statements that reflect PharmaCare current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialization of its products, regulatory approvals of pharmaceuticals, validity and enforcement of its patents, the stability of its commercial relationships, and the general economic conditions. PharmaCare intends to update the PharmaCare Websites on a regular basis but assumes no obligation to update any of the content.
YOUR USE
You understand, acknowledge, and agree to the following:
- By using the PharmaCare Websites, you agree not to disrupt or intercept our electronic information posted on the PharmaCare Websites or on any of our servers. You also agree not to attempt to circumvent any security features of the PharmaCare Websites, and to abide by all applicable, local, state, federal and international laws, rules and regulations.
- You grant to PharmaCare the right to use all content you upload or otherwise transmit to the PharmaCare Websites, subject to these Terms of Use and PharmaCare’s Privacy Policy in any manner PharmaCare chooses, including, but not limited, to copying, displaying, performing or publishing it in any format whatsoever, modifying it, incorporating it into other material or making a derivative work based on it. To the extent allowed by applicable law you waive any moral rights you may have to content you upload or otherwise transmit to the PharmaCare Websites (if any).
- Except as expressly stated and agreed upon in advance by PharmaCare, no confidential relationship shall be established in the event that any user of the PharmaCare Websites should make any oral, written or electronic communication to PharmaCare (such as feedback, questions, comments, suggestions, ideas, etc.). If any PharmaCare Websites require or request that such information be provided, and that such information contains personal identifying information (e.g., name, address, phone number, email address), PharmaCare shall obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith shall be considered non-confidential, and PharmaCare shall be free to reproduce, publish or otherwise use such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to PharmaCare is fully responsible for its content,
including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.
PRODUCT LABELING
Product names, descriptions and labeling may be of Australia origin or of a third country’s origin which is not your country of residence. Products may not be available in all countries or may be available under a different brand name, in different strengths, or for different indications. Many of the products listed are available only by prescription through your local healthcare professional. Except as expressly stated and agreed upon in advance by PharmaCare, no director, employee, agent, or representative of PharmaCare, its subsidiaries and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician- patient relationship through the PharmaCare Websites.
INTELLECTUAL PROPERTY
The information, documents, and related graphics published in the PharmaCare Websites (the “Information”) are the sole property of PharmaCare, except for information provided by third-party providers under contract to PharmaCare .No license or right to use the Information, express or implied, is granted to any person, unless prior written consent is provided by Pharmacare.
No use of any PharmaCare trademark, trade names, trade dress and products in the PharmaCare Websites may be made without the prior written authorization of PharmaCare, except to identify the product or services of the company.
PRIVACY AND SECURITY
PharmaCare is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the PharmaCare Websites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the PharmaCare Websites, you agree to be bound by that Privacy Policy.
You recognize and agree that when submitting your personally identifiable information to the PharmaCare Websites, while PharmaCare has safeguards in place to prevent unauthorized access or interception, there is no absolute guarantee of security. In the unlikely event of an interception or unauthorized access despite our efforts, PharmaCare shall not be responsible for such interceptions or unauthorized access, or any direct, indirect, special, incidental, or consequential damages (including lost profits) suffered by a customer or user, even if PharmaCare has previously been advised of the possibility of such damages. PharmaCare does not warrant, either expressly or implied, that the information provided by any customer shall be free from interception or unauthorized access, and does not provide any implied warranties of merchantability and fitness for a particular purpose. Each customer is responsible for maintaining the confidentiality of his or her own password.
LIMITATION OF LIABILITY
PharmaCare does not assume any liability for the materials, information and opinions provided on, posted to, or otherwise available through, the PharmaCare Websites. Reliance on these materials, information and opinions is solely at your own risk. PharmaCare disclaims any liability for injury or damages resulting from the use of the PharmaCare Websites, or the content contained thereon.
The PharmaCare Websites, the site content, and the products and services provided on or available through the PharmaCare Websites are provided on an “as is” and “as available” basis, with all faults. In no event shall PharmaCare or its vendors, or their respective directors, employees or agents (hereinafter “PharmaCare Parties”) be liable for any damages of any kind, under any legal theory, arising out of or in connection with your use of, or inability to use, the PharmaCare Websites, the site content, any services provided on or through the PharmaCare Websites or any linked site, including any special, indirect, punitive, incidental, exemplary or consequential damages, including, but not limited to, personal injury, lost profits or damages resulting from delay, interruption in service, viruses, deletion of files or electronic communications, or errors, omissions or other inaccuracies in the PharmaCare Websites or the site content, whether or not there is negligence by PharmaCare and whether or not PharmaCare has been advised of the possibility of any such damages.
You agree that regardless of any applicable law to the contrary, you cannot file a claim or cause of action arising out of or related to the PharmaCare Websites or these Terms of Use more than one (1) year after such claim or cause of action arose.
Please be aware that additional legal notices, disclaimers, and other terms and conditions may apply to the PharmaCare Websites.
GENERAL
You agree that these Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter.