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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).