Terms of Service
Version Date: August 11, 2023
These Terms of Service (the “Agreement”) governs your use of our website and related products and services, including any content or information provided as part of the website or such related products, services (collectively, the “Services”). Please read this Agreement carefully before accepting it and using the Services. By clicking “Agree and Register” or using the Services, you consent and agree that this Agreement will apply to your use of the Services. If you do not agree to any of the terms of this Agreement, please do not click “Agree and Register” and do not use the Services. Please pay special attention to the important contents of this Agreement, which have been highlighted in bold form. The Services are intended for adults over the age of 18, if you are a minor under the age of 18, you will not be entitled to use the Service provided by us.
1. SCOPE AND UPDATE OF THIS AGREEMENT
This Agreement only apply to the Services and do not apply to any other applications or products provided by us, or to third-party applications or products to which the Services may link.
In addition to the terms set forth in this Agreement, any other terms and conditions that we post or make available through our Service, or otherwise make available to you, apply to your use of our Services, and are incorporated into and made a part of this Agreement. These additional terms include but are not limited to the following:
(a) any terms in any documentation provided by us in the manual or packaging for the Services, or otherwise provided to you by us, including but not limited to any instructions and indications for use, contraindications, product warnings and safety statements (the “SiBio Product Labeling”);
(b) our Privacy Policy located on our Services (the “Privacy Policy”);
(c) any consent or authorization you sign in connection with your use of our Services.
Without prejudice to your rights under applicable law, we reserve the right to amend, replace or add any terms of this Agreement (including but not limited to amendments, replacements and additions reflecting technological or functional advancements, legal and regulatory changes or good business practices). If it is necessary for us to amend, replace or add any terms of this Agreement, we will notify you by any reasonable means, including but not limited to posting the new version of this Agreement with an updated effective date on the Services or our websites. You agree to be bound by the effective version of this Agreement including all such amendments, replacements and additions by continuing to use the Services. In the case that the aforementioned amendments, replacements and additions of this Agreement consist material change to your lawful right and interest or to our obligation regarding your use of the Services, we would obtain your consent to this Agreement by reasonable means.
If you disagree with such amendments, replacements or additions, or are dissatisfied with the updated Services, you have the right to discontinue using the Services.
2. DISCLAIMERS
We will take reasonable care to ensure that the information and content provided by the Services is accurate, complete, up to date, always available and does not infringe any third-party rights. However, except to the extent required by applicable law, we do not guarantee that this is always the case. The Services and their content and information are provided on an “as is” and “as available” basis without any warranty, express or implied, and you use the Services at your own risk. To the maximum extent permitted by applicable law, we hereby disclaim all representations and warranties relating to the information and content on the Services, 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 of third-party rights.
Our Services are not professional medical services and the information and content provided by our Services do not constitute medical advice, nor do we verify the accuracy of your data. Our Services are not replacements for proper medical care. You are responsible for obtaining proper treatment for your own conditions. You should consult your healthcare professionals for advice before you make any decisions relating to your treatment or care. You may provide the information included by our Services to your healthcare providers at your own responsibility, understanding that to the maximum extent permitted by applicable law, we hereby disclaims all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with use of the Services or any treatment or care decisions which you make, except in the case of death or personal injury resulting from our negligence.
We do not warrant any third-party device, product, software or data that you may use in connection with any our Services, whether or not such third-party item is described in, or available or can be connected to through, any our Services.
We shall perform basic warranty obligations in accordance with laws. However, we shall not be liable for breach of this Agreement in the event of any impediment to performance of the Agreement, defective performance, delay in performance or change in the content of the performance due to the following reasons:
- Natural disasters, strikes, riots, wars, government actions, judicial and administrative orders, or other factors of force majeure;
- Public service factors such as power supply failure, communication network failure, etc., or factors of third parties; or
- In the case of management conducted in good faith by us, regular or urgent equipment and system maintenance, equipment and system failures, network information and data security and other factors occur.
3. YOUR ACCOUNT AND YOUR USE
You acknowledge that, before you start the registration procedure and use our Services, you shall have the civil capacity to comply with your behavior as prescribed by the laws of the jurisdiction which you reside. If you do not have the aforesaid civil capacity to comply with your behavior, you and your guardian shall bear the liability for any expenses arising therefrom in accordance with the law.
You shall also ensure that you are not the subject of trade restrictions, economic sanctions or other laws and regulations implemented by any country, region or international organization, nor shall you directly or indirectly provide funds, goods or services to such subject. Otherwise, you shall cease to use our Services. In the meantime, you understand that any violation of the foregoing requirements may result in inability to register and use our Services normally.
After you fill in the information according to the instructions on the registration page, read and agree this Agreement, and complete all the registration procedures, you can get an account on the website and become a user of our website. You are allowed to use your telephone number, or email address (collectively the “Username”) and your password (collectively with the Username, the “Account”)to log in.
For so long as you use the Account, you agree to provide true, accurate, current, and complete information that can be accomplished by logging into your Account and making relevant changes directly.
By using the Services, you agree to the following:
- accurately complete and maintain your user Account and to provide us with necessary information;
- keep your password secure and confidential;
- obtain, maintain and pay for all hardware, software, telecommunications and other services necessary for the use of our Services;
- not to use the Services to harm, threaten, or harass any person or organization;
- not to use the Services for commercial purposes;
- not to use or attempt to use any unauthorized means to modify, reroute, or gain access to the Services;
- not to damage, disable, overburden, or impair the Services;
- notify us of any actual unauthorized use of your Account;
- not to share your password or otherwise authorize a third-party to access or use the Services on your behalf unless we provide an approved mechanism;
- not to sublicense or transfer any of your rights under this Agreement;
- not to modify, copy or make derivative works based on the Services;
- not to reverse engineer or derive the source code for the Services not provided to you in source code form, except to the extent such restriction is expressly prohibited by applicable law;
- not to create Internet “links” to or from the Services or “frame” or “mirror” any content which forms part of the Services;
- not to use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use the Services, or to copy or scrape data from the Services;
- not to otherwise use the Services in any manner that exceeds the scope of use granted to you in this Agreement or set forth in any SiBio Product Labeling;
- not to use unauthorized software or hardware to access the Services or to modify the Services in any unauthorized way (e.g., through unauthorized repairs, unauthorized upgrades or unauthorized downloads);
- not to disrupt, amend or intercept information posted on the Services or on any of our servers;
- not to attempt to circumvent any security features of the Services; and
- to abide by all applicable, national and international laws, rules and regulations.
Misusing the Services, improperly accessing or transmitting the Services or their information, or taking other unauthorized actions may put you or your data at risk, cause the Services to malfunction, or otherwise prevent or hinder the proper and intended use of the Services.
4. OUR SERVICES
Browse and subscribe our products: Our Services allow you create an Account to browse and subscribe our products. The Services are provided to you by SiBio, in connection with our services providers, sponsors, or other affiliates.
Purchase our products: When you purchase products on our website, please be sure to carefully confirm the name, price, quantity, model, specification, size of the products you purchased or the time, content, restrictive requirements and other important matters of the products you purchased and verify your contact address, telephone number, receiver, payment information and other information at the time of placing an order. If the consignee specified by you is not you, you shall be liable for all legal consequences arising from the acts and declarations of intentions of such consignee.
Client service: You may from time to time identify problems, seek solutions to identified problems, provide suggestions, comments or other feedback related to our Services. You acknowledge and agree that we will use your contact information to connect with you, in order to help and service for you.
Marketing message: We will use a third-party services provider to process your data, including sending marketing messages to your email or mobile. We will seek your explicit opt-in before sending you such marketing communications, and you may at any time choose not to receive marketing communications from us by clicking on the unsubscribe link included in the email or the text.
5. AVAILABILITY
We will use reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, we cannot guarantee this and take no responsibility for any loss or damage that occurs due to an interruption of access to the Services. We may interrupt the Services for maintenance reasons and will endeavor to provide reasonable notice of such planned events.
6. END USER LICENSE AND INTELLECTUAL PROPERTY
We and the third parties from which we license certain technology own all right, title and interest to the Services; the information, artwork and other content available through or at the Services; the processes, methodologies, documents and other materials we use to provide the Services or that we provide to you in connection with your use of the Services; and all patent, copyright, trademark, trade secret, and other rights of any nature arising from or relating in any way to the Services (the “SiBio’s Intellectual Property”).
Upon your acceptance of this Agreement, and so long as you comply with the terms of this Agreement, until either party terminates this Agreement, we grant you the personal, limited and non-exclusive right to use our Services as they are intended to be used and for your personal non-commercial use. The information, content and graphics published on the Services are owned by, or licensed to us. Permission to use such information, content and graphics is granted to you provided that:
(a) the above copyright acknowledgement appears on all copies;
(b) use of such information, content and graphics is for informational, non-commercial healthcare or personal use only;
(c) such information, content and graphics are not modified in any way; and
(d) no graphics available from the Services are used separate from the accompanying text.
For all other uses of SiBio’s Intellectual Property, SiBio’s prior written authorization is required.
We are not responsible for content provided by third-party providers and you are prohibited from distribution of such material without the permission of the owner of the copyright therein.
Except as permitted above, no license or right, express or implied, is granted to any person under any patent, trademark or other intellectual property right of SiBio.
7. PRIVACY AND SECURITY
We are committed to safeguarding your privacy, as set out in the Privacy Policy.
An Account system has been implemented on the Services. It is your responsibility to ensure that you safeguard your password appropriately.
It is your responsibility to ensure that the device used to access the Services is adequately secured and protected against malicious software or access by unauthorized persons. To the maximum extent permitted by applicable law, SiBio shall not be liable for any direct, indirect, special, incidental, or consequential damages (including lost profits, whether arising directly or indirectly) suffered by any person as a result of interception or unauthorized access to their personal data, even if SiBio has previously been advised of the possibility of such damages.
8. LIMITATION OF LIABILITY
Except in the case of death or personal injury caused by our negligence, SiBio, its vendors, their respective directors, employees and agents (the “SiBio Parties”) hereby disclaim, to the maximum extent permitted by applicable law, liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with: (a) use of, or inability to use, the Services; (b) use of information or content on the Services; (c) any services provided on or through the Services; and (d) interception or unauthorized access to personal data submitted to the Services, including, without limitation, the following categories of loss or damage, whether or not SiBio has been advised of the possibility of such loss or damage: (a) loss or corruption of data; (b) loss of profits; (c) loss of anticipated savings; (d) loss of business opportunity;(e) loss of goodwill; (f) loss of reputation; and (g) special damage.
9. HOW CAN THIS AGREEMENT BE TERMINATED
This Agreement is effective upon your acceptance of this Agreement and shall continue unless it is terminated.
To the extent permitted by applicable law, we can suspend or terminate the Services, or suspend or terminate your right to use the Services, as it determines for any valid reason. By way of example, this Agreement will terminate immediately and without additional notice in the event that you have, or if we reasonably believe that you have, breach, and/or fail to comply with, any term or spirit of this Agreement, or in connection with any event beyond our control that hinders or prevents our ability to provide the Services.
You may terminate your use of the Services by deleting it from our website or stopping the use of related products or devices.
10. ARBITRATION CLAUSE
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non- contractual obligations arising out of or relating to it shall be referred to and finally resolved by arbitration administered by the France International Arbitration Centre (HKIAC) under the HKIAC Administered Arbitration Rules in force when the Notice of Arbitration is submitted.
11. APPLICABLE LAW
The conclusion, entry into force, interpretation, revision, supplement, termination, execution and dispute resolution of this Agreement shall be governed by the laws of France; if there are no relevant provisions in the law, business practices and/or industry practices shall be referred to.
12. CONTACT US
If you have any questions about this Agreement, please do not hesitate to contact us.
Email us at: support@sibiosensor.com
