Terms & Conditions

Terms and Conditions of Use



Ver. 4



I.        Terms and conditions of use

1.         Introduction

1.1       JMeD DWC LLC maintains the www.jmed.ae website, these terms and conditions shall govern your use of our website.

1.2       By using the Site you expressly agree to be bound by these Terms of Use and the www.jmed.ae privacy policy and to follow these Terms of Use and all applicable laws and regulations governing use of the Site.

1.3       If you register with our website, submit any material to our website or use any of our website services, we will ask you to expressly agree to these terms and conditions.

1.4       By visiting the Site, you represent, warrant and covenant that:

            (a) you are at least 18 years old;

(b) that all materials of any kind submitted by you to JMeD DWC LLC through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights. The customer using the website who are Minor /under the age of 18 shall not register as a User of the website and shall not transact on or use the website.You must be at least 18 years of age to use our website; by using our website or agreeing to these terms and conditions, you warrant and represent to us that you are at least 18 years of age.

1.5       Our website uses cookies; by using our website or agreeing to these terms and conditions, you consent to our use of cookies in accordance with the terms of our privacy and cookies policy.

1.6       JMeD DWC LLC reserves the right to change these Terms of Use at any time, effective immediately upon posting on the Site. Please check this page of the Site periodically. We will note when there are updates/versions of the Terms of Use at the top of the Terms of Use. If you violate these Terms of Use, JMeD DWC LLC may terminate your use of the Site, bar you from future use of the Site, and/or take appropriate legal action against you.

1.7       The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. JMeD DWC LLC is not responsible for the acts or omissions of any advertiser or sponsor.

1.8       If any provision of the Terms of Use is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

1.9       Headings & section titles in this Agreement are for convenience and do not define, limit, or extend any provision of this Agreement.

 

2.         Copyright notice – Intellectual Property Notice

2.1     Copyright (c) 2019 JMeD DWC LLC.

2.2     Subject to the express provisions of this notice:

(a) we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b) all the copyright and other intellectual property rights in our website and the material on our website are reserved.

(c) Although JMeD DWC LLC is not responsible for the content, quality or accuracy of data provided by users, compilations of such data, text, information and other materials made available to users through JMeD DWC LLC’s system. The On-line Materials are JMeD DWC LLC’s intellectual property and are protected by U.S. and international intellectual property laws. The On-line Materials may not be copied or redistributed either in whole or in part without prior written consent of JMeD DWC LLC, except as expressly and specifically permitted under these Terms of Use.

The On-line Materials are and will remain the exclusive property of JMeD DWC LLC. All rights, titles and interests in and to the On-line Materials will be and remain vested solely in JMeD DWC LLC. Under no circumstances will you have any right, directly or indirectly, to own, use, copy, loan, sell, rent, lease, license, sublicense, redistribute, assign or otherwise convey the On- line Materials, or any rights thereto, except as expressly and specifically provided in the Terms of Use. Nothing in these Terms of Use will convey to you any right, title or interest, except that of a license with the express rights and subject to all limitations herein. Nothing in these Terms of Use grants you the right, directly or indirectly, to use the On-line Materials to create a product for resale or to use the On-line Materials in any way that competes with JMeD DWC LLC.

You acknowledge and agree that JMeD DWC LLC will own all rights, titles and interests in and to any copy, translation, modification, adaptation, derivative work or improvement of the On- line Materials made by or for you. At JMeD DWC LLC’s request, you must execute, or obtain the execution of, any instrument that may be necessary to assign these rights, titles or interests to JMeD DWC LLC or perfect these rights, titles or interests in JMeD DWC LLC’s name.

2.3       Copyright license

2.3.1   You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser, subject to the other provisions of this notice.

2.3.2   Except as expressly permitted by the other provisions of this notice, you must not download any material from our website or save any such material to your computer.

2.3.3   You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

2.3.4   Except as expressly permitted by this notice, you must not edit or otherwise modify any material on our website.

2.3.5   Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website, save to the extent expressly permitted by this notice.

2.4       Acceptable use

2.4.1   You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software; or

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

2.5       Report abuse

2.5.1   If you learn of any unlawful material or activity on our website, or any material or activity that breaches this notice, please let us know.

2.5.2   You can let us know about any such material or activity by email or post, using the contact details published on the website.

2.6       Enforcement of copyright

2.6.1   We take the protection of our copyright very seriously.

2.6.2   If we discover that you have used our copyright materials in contravention of the license set out in this notice, we may bring legal proceedings against you, seeking monetary damages and/or an injunction to stop you using those materials. You could also be ordered to pay legal costs.

2.7       Permissions

2.7.1   You may request permission to use the copyright materials on our website by writing to us by email or post, using the contact details published on the website.

3.         Licence to use website

3.1       LIMITED LICENSE. You are granted a limited, non-exclusive, revocable and non-transferable license to utilize and access the Site pursuant to the requirements and restrictions of these Terms of Use. JMeD DWC LLC may change, suspend, or discontinue any aspect of the Site at any time. JMeD DWC LLC may also, without notice or liability, impose limits on certain features and services or restrict your access to all or portions of the Site. You shall have no rights to the proprietary software and related documentation, if any, provided to you in order to access the Site. Except as provided in the Terms of Use, you shall have no right to directly or indirectly, own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve, or create any new or derivative works from, or display, distribute, perform, or in any way exploit the Site, or any of its contents (including software) in whole or in part.

By providing materials to JMeD DWC LLC, including by submitting or uploading content or materials for use on the Site you represent and warrant that you or the owner of all rights to such content or materials has expressly granted JMeD DWC LLC an irrevocable world-wide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. JMeD DWC LLC may publish and distribute any such submitted content or materials at its sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against JMeD DWC LLC for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to JMeD DWC LLC. Any communication or materials you send to JMeD DWC LLC will be treated as non- confidential and non-proprietary and may be disseminated or used by JMeD DWC LLC for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

3.2       You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser;

(c) print pages from our website;

(d) stream audio and video files from our website; and

(e) use our website services by means of a web browser, subject to the other provisions of these terms and conditions.

3.3       Except as expressly permitted by Section 3.1 or the other provisions of these terms and conditions, you must not download any material from our website or save any such material to your computer.

3.4       You may only use our website for your own personal and business purposes, and you must not use our website for any other purposes.

3.5       Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on our website.

3.6       Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.7       Notwithstanding Section 3.5, you may redistribute our newsletter in print and electronic form to any person.

3.8       We reserve the right to restrict access to areas of our website, or indeed our whole website, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on our website.

4.         Acceptable use

4.1       You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability or accessibility of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(e) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(f)  violate the directives set out in the robots.txt file for our website; or

(g)  use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).

4.2 You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3 You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.         Accounts, Currencies, Purchases

5.1       Site Operation: United Arab Emirates is our Country of Domicile. JMeD DWC LLC controls this Site from the U.A.E. JMeD DWC LLC makes no representation that this Site is appropriate for use in other locations. If you use this Site from other locations you are responsible for ensuring compliance with local laws. You may not use, export or re-export any materials from this Site in violation of any applicable laws or regulations, including, but not limited to any U.A.E export laws and regulations.

5.2       Multi-Currency Priced Transactions: the displayed price and currency selected by you, will be the same price and currency charged to the Card and printed on the Transaction Receipt.

5.3       Purchases: JMeD DWC LLC accepts payment by Visa or Mastercard debit and credit cards in AED for its products and services. All online purchases are also governed by the terms and conditions of respective merchant service providers. Please review respective merchant service provider’s user agreement and privacy policy before entering any transaction. Interpretation. These Terms of Use supersede all other written and oral communications or agreements with regard to the subject matters discussed in these Terms of Use. A waiver or modification of these Terms of Use will only be effective if made in writing signed by an authorized officer of JMeD DWC LLC. All refunds will be made onto the original mode of payment.

5.4       To be eligible for an account on our website under this Section 5, you must be resident or situated in the United Arab Emirates.

5.5       You may register for an account with our website by completing and submitting the account registration form on our website, choosing the user category:

·         Consumer (Buyer), or

·         Medical Professional (Buyer), or

·         Seller

5.6       As a Medical Professional, you will be eligible (and reliable) to purchase and use the products for medical professional use, after providing your clinic/hospital name.

5.7       As a Seller, you will be registered and be eligible to offer your products as a registered vendor at the website, after submitting your valid trade license copy.

5.8       Sellers will be contacted to complete their registration, agree on vendor terms, and will be guided through the steps to list their products for sale in the website. Administrative Fees (AED 1,000) are 100% waived for one year starting from the seller’s account activation date, we will communicate a notification to the seller if these fees will be applied starting from the 2nd year onward.

5.9       If you are registered as a Seller, we need to approve/enable your account before you are eligible to use the website services. However, we might request further information to approve your account registration.

5.10      You must not allow any other person to use your account to access the website.

5.11     You must notify us in writing immediately if you become aware of any unauthorized use of your account.

5.12     You must not use any other person's account to access the website, unless you have that person's express permission to do so.

5.13     This Site may not be used by you for any commercial purposes such as to conduct sales of merchandise or services of any kind. You must obtain JMeD DWC LLC’s prior written consent to make commercial offers of any kind on the Site, whether by advertising, solicitations, links, or any other form of communication. JMeD DWC LLC will investigate and take appropriate legal action against anyone who violates this provision, including without limitation, removing the offending communication from the Site and barring such violators from use of the Site

6.         User login details

6.1       If you register for an account with our website, you will be asked to choose a user ID/email and password.

6.2       Your user ID must not be liable to mislead and must comply with the content rules set out in Section 9; you must not use your account or user ID for or in connection with the impersonation of any person.

6.3       You must keep your password confidential.

6.4       You must notify us in writing immediately if you become aware of any disclosure of your password.

6.5       You are responsible for any activity on our website arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.

7.         Cancellation and suspension of account

7.1       We may:

(a) suspend your account;

(b) cancel your account; and/or

(c) edit your account details,

             at any time in our sole discretion without notice or explanation.

7.2       You may cancel/deactivate your account at any time on our website using your account control panel on the website, or write to admin@jmed.ae to assist.

8.         Your content: licence

8.1       In these terms and conditions, "your content" means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, our website.

8.2       You grant to us a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, store and, with your specific consent, publish your content on and in relation to this website services.

8.3       You grant to us the right to sub-license the rights licensed under Section 8.2.

8.4       You grant to us the right to bring an action for infringement of the rights licensed under Section 8.2.

8.5       You hereby waive all your moral rights in your content to the maximum extent permitted by applicable law; and you warrant and represent that all other moral rights in your content have been waived to the maximum extent permitted by applicable law.

8.6       You may edit your content to the extent permitted using the editing functionality made available on our website.

8.7       Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.

9.         Your content: rules

9.1       You warrant and represent that your content will comply with these terms and conditions.

9.2       Your content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).

9.3       Your content, and the use of your content by us in accordance with these terms and conditions, must not:

(a) be libellous or maliciously false;

(b) be obscene or indecent;

(c) infringe any copyright, moral right, database right, trademark right, design right, right in passing off, or other intellectual property right;

(d) infringe any right of confidence, right of privacy or right under data protection legislation;

(e) constitute negligent advice or contain any negligent statement;

(f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;

(g) be in contempt of any court, or in breach of any court order;

(h) be in breach of racial or religious hatred or discrimination legislation;

(i) be blasphemous;

(j) be in breach of official secrets legislation;

(k) be in breach of any contractual obligation owed to any person;

(l) depict violence in an explicit, graphic or gratuitous manner;

(m) be pornographic, lewd, suggestive or sexually explicit;

(n) be untrue, false, inaccurate or misleading;

(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;

(p) constitute spam;

(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or

(r) cause annoyance, inconvenience or needless anxiety to any person.

10.       Limited warranties

10.1      We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date; or

(c) that the website or any service on the website will remain available.

10.2     We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

10.3     To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11.       Limitations and exclusions of liability

11.1      Nothing in these terms and conditions will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

11.2     The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a) are subject to Section 11.1; and

(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3     To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

11.4We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.5     We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

11.6     We will not be liable to you in respect of any loss or corruption of any data, database or software.

11.7     We will not be liable to you in respect of any special, indirect or consequential loss or damage.

11.8     You accept that we have an interest in limiting the personal liability of our officers and employees and, having regard to that interest, you acknowledge that we are a limited liability entity; you agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not, of course, limit or exclude the liability of the limited liability entity itself for the acts and omissions of our officers and employees).

11.9     The Site may automatically produce search results that reference and/or link to third party sites throughout the World Wide Web. JMeD DWC LLC has no control over these sites or the content within them. JMeD DWC LLC does not guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. JMeD DWC LLC does not endorse the content of any third party site, nor does it make any representation or warranty about these sites, including that they will not contain viruses or otherwise impact your computer. By using the Site to search for or link to another site, you agree and understand that you may not make any claim against JMeD DWC LLC for any damages or losses, whatsoever, resulting from your use of the Site to obtain search results or to link to another site. If you have a problem with a link from the Site, you may notify us at admin@jmed.ae

12.       Breaches of these terms and conditions

12.1     Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a) send you one or more formal warnings;

(b) temporarily suspend your access to our website;

(c) permanently prohibit you from accessing our website;

(d) block computers using your IP address from accessing our website;

(e) contact any or all of your internet service providers and request that they block your access to our website;

(f) commence legal action against you, whether for breach of contract or otherwise; and/or

(g) suspend or delete your account on our website.

12.2     Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including without limitation creating and/or using a different account/s).

13.       Variation

13.1      We may revise these terms and conditions from time to time.

13.2     The revised terms and conditions shall apply to the use of our website from the date of publication of the revised terms and conditions on the website, and you hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions; if you do not agree to the revised terms and conditions, you must stop using our website.

13.3     If you have given your express agreement to these terms and conditions, we will ask for your express agreement to any revision of these terms and conditions; and if you do not give your express agreement to the revised terms and conditions within such period as we may specify, we will disable or delete your account on the website, and you must stop using the website.

14.       Assignment

14.1     You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.

14.2     You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

15.       Severability

15.1     If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

15.2     If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

16.       Third party rights

16.1     A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

16.2     The exercise of the parties' rights under a contract under these terms and conditions is not subject to the consent of any third party.

17.       Entire agreement

17.1     Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

18.       Law and jurisdiction

18.1     These terms and conditions shall be governed by and construed in accordance with United Arab Emirates law.

18.2     The Laws of the United Arab Emirates shall govern the use of the Site and the Terms of Use, without regards to conflict of laws principals..

18.3     All disputes arising in connection therewith shall be heard only by a court of competent jurisdiction in U.A.E.

18.4     Office Foreign Assets Control (OFAC) Sanctioned Countries: JMeD DWC LLC will not trade with or provide any services to individuals and companies owned or controlled by, or acting for or on behalf of, OFAC targeted countries AND individuals, groups, and entities, such as terrorists and narcotics traffickers designated under the OFAC programs that are not country specific

19.       Our details

19.1      This website is owned and operated by JMeD DWC LLC.

19.2     We are registered in the United Arab Emirates under Dubai Aviation City Corporation, with license number 9442, and our registered office is at Dubai World Central.

19.3      Our PO Box number is 713132 Dubai – United Arab Emirates.

19.4     Our principal place of business is at Office Number 532, Building A5, Dubai World Central Business Park, Dubai, UAE.

19.5      You can contact us:

(a) by post, using the postal address given above; or

(b) using our website contact form; or

(c) by telephone, on the contact number published on our website; or

(d) by email, using the email address published on our website.

20.       Website Use Disclaimer

20.1      as below (at the end of this Terms & Conditions)

21.       Website Medical Information Disclaimer

21.1      as below (at the end of this Terms & Conditions)

21.       Credit

21.1     This document was created using a template from SEQ Legal (http://www.seqlegal.com).

 



II.       Website Use disclaimer

1.         Introduction

1.1       This disclaimer shall govern your use of our website.

1.2       By using our website, you accept this disclaimer in full; accordingly, if you disagree with this disclaimer or any part of this disclaimer, you must not use our website.

2.         Copyright notice

2.1       Please refer to the copyright notice, Section 2 of the above Terms & Conditions.

3.         Permission to use website

3.1       You may:

(a) view pages from our website in a web browser;

(b) download pages from our website for caching in a web browser; and

(c) print pages from our website for your own personal and non-commercial use, providing that such printing is not systematic or excessive, subject to the other provisions of this disclaimer.

3.2       Except as expressly permitted by Section 3.1 or the other provisions of this disclaimer, you must not download any material from our website or save any such material to your computer.

3.3       You must not use our website for any other purposes.

3.4       Unless you own or control the relevant rights in the material, you must not:

(a) republish material from our website (including republication on another website);

(b) sell, rent or sub-license material from our website;

(c) show any material from our website in public;

(d) exploit material from our website for a commercial purpose; or

(e) redistribute material from our website.

3.5       We reserve the right to suspend or restrict access to our website, to areas of our website and/or to functionality upon our website. We may, for example, suspend access to the website during server maintenance or when we update the website. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.         Misuse of website

VIOLATION OF TERMS OF USE. You understand and agree that in JMeD DWC LLC’s sole discretion, and without prior notice, JMeD DWC LLC may terminate your access to the Site, or exercise any other remedy available and remove any unauthorized user information, if JMeD DWC LLC believes that the information you provide has violated or is inconsistent with these Terms of Use, or violates the rights of JMeD DWC LLC, or any third party, or violates the law. You agree that monetary damages may not provide a sufficient remedy to JMeD DWC LLC for violations of these Terms of Use and you consent to injunctive or other equitable relief for such violations. JMeD DWC LLC may release user information about you if required by law or subpoena.

 

INDEMNITY. You agree to indemnify and hold JMeD DWC LLC, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of or relating to your use of the Site, including also your use of the Site to provide a link to another site or to upload content or other information to the Site, or your breach of the Terms of Use.

 

4.1       You must not:

(a) use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b) use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c) hack or otherwise tamper with our website;

(d) probe, scan or test the vulnerability of our website without our permission;

(e) circumvent any authentication or security systems or processes on or relating to our website;

(f) use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;

(g) impose an unreasonably large load on our website resources (including bandwidth, storage capacity and processing capacity);

(h) decrypt or decipher any communications sent by or to our website without our permission;

(i) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent;

(j) access or otherwise interact with our website using any robot, spider or other automated means, except for the purpose of search engine indexing;

(k) use our website except by means of our public interfaces;

(l) violate the directives set out in the robots.txt file for our website;

(m) use data collected from our website for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing); or

(n) do anything that interferes with the normal use of our website.

4.2       You must not use data collected from our website to contact individuals, companies or other persons or entities.

4.3       You must ensure that all the information you supply to us through our website, or in relation to our website, is true, accurate, current, complete and non-misleading.

5.         Limited warranties

5.1       We do not warrant or represent:

(a) the completeness or accuracy of the information published on our website;

(b) that the material on the website is up to date;

(c) that the website will operate without fault; or

(d) that the website or any service on the website will remain available.

5.2       We reserve the right to discontinue or alter any or all of our website services, and to stop publishing our website, at any time in our sole discretion without notice or explanation; and save to the extent expressly provided otherwise in this disclaimer, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website services, or if we stop publishing the website.

5.3       To the maximum extent permitted by applicable law and subject to Section 6.1, we exclude all representations and warranties relating to the subject matter of this disclaimer, our website and the use of our website.

6.         Limitations and exclusions of liability

6.1       Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

6.2       The limitations and exclusions of liability set out in this Section 6 and elsewhere in this disclaimer:

(a) are subject to Section 6.1; and

(b) govern all liabilities arising under this disclaimer or relating to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in this disclaimer.

6.3       To the extent that our website and the information and services on our website are provided free of charge, we will not be liable for any loss or damage of any nature.

6.4       We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

6.5       We will not be liable to you in respect of any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

6.6       We will not be liable to you in respect of any loss or corruption of any data, database or software.

6.7       We will not be liable to you in respect of any special, indirect or consequential loss or damage.

7.         Product images are for illustrative purposes only and may differ from the actual product. Due to differences in monitors, colors of products may also appear different to those shown on the site. The images on www.jmed.ae are copyright protected, but may be used on the condition that the user credits the source of the picture to www.jmed.ae

8.         Some products may have an associated image or photo. These are for reference only and should be considered illustrative.

9          Variation

9.1       We may revise this disclaimer from time to time.

9.2       The revised disclaimer shall apply to the use of our website from the time of publication of the revised disclaimer on the website.

10.       Severability

10.1     If a provision of this disclaimer is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

10.2     If any unlawful and/or unenforceable provision of this disclaimer would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

11.       Law and jurisdiction

11.1     This disclaimer shall be governed by and construed in accordance with the United Arab Emirates law.

11.2     Any disputes relating to this disclaimer shall be subject to the exclusive jurisdiction of the courts of the United Arab Emirates.

12.       Credit

12.1      This document was created using a template from SEQ Legal (https://seqlegal.com).

 

 

III.      Website Medical information disclaimer

 

1.         No advice

1.1     Our website contains general medical information related to the offered products.

1.2     The medical information is not advice and should not be treated as such.

2.         No warranties

2.1     The medical information on our website is provided without any representations or warranties, express or implied.

2.2     Without limiting the scope of Section 3.1, we do not warrant or represent that the medical information on this website:

(a) will be constantly available, or available at all; or

(b) is true, accurate, complete, current or non-misleading.

3.         Medical assistance

3.1     You must not rely on the information on our website as an alternative to medical advice from your doctor or other professional healthcare provider.

3.2     If you have any specific questions about any medical matter, you should consult your doctor or other professional healthcare provider.

3.3     If you think you may be suffering from any medical condition, you should seek immediate medical attention.

3.4     You should never delay seeking medical advice, disregard medical advice or discontinue medical treatment because of information on our website.

4.         Interactive features

4.1     Our website includes interactive features that allow users to communicate with us.

4.2     You acknowledge that, because of the limited nature of communication through our website's interactive features, any assistance you may receive using any such features is likely to be incomplete and may even be misleading.

4.3     Any assistance you may receive using any our website's interactive features does not constitute specific advice and accordingly should not be relied upon without further independent confirmation.

5.         Limits upon exclusions of liability

5.1     Nothing in this disclaimer will:

(a) limit or exclude any liability for death or personal injury resulting from negligence;

(b) limit or exclude any liability for fraud or fraudulent misrepresentation;

(c) limit any liabilities in any way that is not permitted under applicable law; or

(d) exclude any liabilities that may not be excluded under applicable law.

6.         Credit

6.1     This document was created using a template from SEQ Legal (https://seqlegal.com).