3. Use of this Website. You agree to comply with all the notices, guidelines, rules and instructions pertaining to the use of this website as issued by Zuellig Pharma from time to time.
4. Links. This web site may also contain links to other web sites, including web sites belonging to our affiliates. These other web sites may or may not be owned or operated by Zuellig Pharma, and any links to such other web sites are provided for information and convenience purposes only. Your use of any such other web sites is entirely at your own risk. You acknowledge and agree that Zuellig Pharma has not reviewed any or all of such other websites and is not responsible in any way for the content, services, privacy practices and/or any other aspect of such other web sites, or for the accuracy, timeliness or the continued availability or existence of content, links or third party web sites or pages linked to or from our web site. Zuellig Pharma does not endorse and is not responsible or liable for the content or material on or made available through such sites, and such sites should only be accessed at your own risk.
5. Third Party Content. Information and/or content from various sources, including third party content providers, may be included at this website. Neither Zuellig Pharma nor any of its content providers shall be liable for any errors or delays in the content furnished at this website, or for any actions taken in reliance thereon.
6. Intellectual Property Rights. You acknowledge and agree that all rights, title and interest (including intellectual property rights) in and to the contents of this web site are owned by and shall remain vested in Zuellig Pharma and that you have no rights thereto other than a right to access and use this web site in accordance with the terms of this TOU. Unless expressly authorized by Zuellig Pharma in writing, you agree not to make copies of or create derivative works based on the contents of this web site or any part thereof, or distribute, republish, display, broadcast or transmit any whole or part of the website and the information and materials contained therein in any manner or by any means or store the same in an information retrieval system without the prior written permission of Zuellig Pharma. You agree that you will not use any robot, spider, scraper or other automated means to access this web site for any purpose without our express written permission. In addition, you may not, without Zuellig Pharma’s prior written permission, insert a hyperlink to this website (or any part thereof) on any other website or webpage or "mirror" any material contained on this website on any other server and you may not establish and/or maintain, on any website or webpage, any in-links, frame-links and/or any other type of hyperlinks to this website or any part thereof (including without limitation any webpages, images, video, audio, graphics, text, code, program and/or any other material on this website). The trade marks, service marks, and logo used and displayed on this website (including without limitation “Zuellig Pharma”, “zip-online” and “AsiaRx”) (“Trade Marks”) are registered and unregistered Trade Marks of Zuellig Pharma. Nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trade Mark displayed on this website, without the written permission of Zuellig Pharma. Zuellig Pharma prohibits use of any Trade Mark as a “hot” link to any Zuellig Pharma site or any other site unless establishment of such a link and use of such Trade Mark is approved in advance by Zuellig Pharma in writing. Images of people or places displayed on this website are either the property of, or used with permission by, Zuellig Pharma. The use of these images by you or anyone else authorised by you, is prohibited unless specifically permitted by this TOU or specific permission provided in writing by Zuellig Pharma. Any unauthorised use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. All information, methods, processes, know-how or other technology disclosed in this website is owned by Zuellig Pharma and nothing on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the same without the written permission of Zuellig Pharma.
7. Suspension of Website. Zuellig Pharma may from time to time without giving any reason or prior notice, upgrade, modify, alter, suspend, discontinue the provision of or remove, whether in whole or in part, this website and any service or information therein and shall not be liable if any such upgrade, modification, suspension or alteration to this website prevents you from accessing this website or any part or feature thereof. The information and/or any other material contained in this website may be modified, deleted or replaced from time to time and at any time in the absolute discretion of Zuellig Pharma.
8. Compliance with law. You agree that you will access and use this web site strictly in accordance with all applicable laws and regulations.
9. DISCLAIMER OF WARRANTIES. All information provided is intended to be general in nature and should not be relied upon in making any decision. Whilst Zuellig Pharma tries to ensure that information provided on this website is accurate at the time of inclusion, it cannot guarantee the same. Zuellig Pharma is under no obligation whatsoever to update the information contained in this website. YOU AGREE THAT THIS WEB SITE AND ALL INFORMATION, MATERIALS, SERVICES AND FUNCTIONS CONTAINED THEREIN (INCLUDING SOFTWARE, PROGRAMS, DATA, DATABASES, TEXT, GRAPHICS, PHOTOGRAPHS, ANIMATIONS, AUDIO, MUSIC, VIDEO, LINKS OR OTHER MATERIALS) ARE PROVIDED TO YOU "AS IS, AS AVAILABLE" AND THAT YOU ACCESS AND USE THIS WEB SITE AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT ZUELLIG PHARMA DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND IN RESPECT OF THIS WEB SITE, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OR CONDITION OF FITNESS FOR ANY PARTICULAR PURPOSE, FREEDOM FROM COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT, PROGRAM OR MACROS, SATISFACTORY QUALITY, MERCHANTIBILITY, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, USEFULNESS OR TIMELINESS, ALL OF WHICH ARE HEREBY EXPRESSLY EXCLUDED TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE ABOVE, YOU AGREE THAT ZUELLIG PHARMA DOES NOT WARRANT THAT (I) THIS WEB SITE OR THE MATERIALS OR INFORMATION PROVIDED HEREIN WILL MEET YOUR REQUIREMENTS; (II) ACCESS TO THIS WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE OR THAT ANY IDENTIFIED DEFECT WILL BE CORRECTED; AND (III) THE CONTENTS OF THIS WEB SITE ARE ACCURATE, UP-TO-DATE, COMPLETE OR RELIABLE AND (IV) THE USE OF INFORMATION AND MATERIALS DISPLAYED ON THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES.
10. LIMITATION OF LIABILITY. YOU AGREE THAT ZUELLIG PHARMA SHALL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, ECONOMIC OR SPECIAL DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, HOWSOEVER ARISING, INCLUDING DAMAGES, LOSSES AND EXPENSES ARISING FROM OR IN CONNECTION WITH (i) ANY ACCESS, USE OR INABILITY TO ACCESS OR USE THIS WEBSITE; (ii) ANY SYSTEM , SERVER OR CONNECTION FAILURE, ERROR, OMISSION, INTERRUPTION, DELAY IN TRANSMISSION, COMPUTER VIRUS OR OTHER MALICIOUS, DESTRUCTIVE OR CORRUPTING CODE, AGENT PROGRAM OR MACROS; (iii) ANY USE OF OR ACCESS TO ANY OTHER WEBSITE OR WEBPAGE LINKED TO THIS WEB SITE; OR (iv) ANY SERVICES, PRODUCTS, INFORMATION, DATA, SOFTWARE OR OTHER MATERIAL OBTAINED OR DOWNLOADED FROM THIS WEBSITE OR FROM ANY OTHER WEBSITE OR WEBPAGE LINKED TO THIS WEBSITE OR FROM ANY OTHER PARTY REFERRED BY THIS WEBSITE, EVEN IF ZUELLIG PHARMA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnity. You agree to fully indemnify and keep Zuellig Pharma harmless from and against any and all claims, actions, proceedings, damages, expenses, costs and liabilities incurred by or attaching to Zuellig Pharma in relation to or arising out of your use of this web site, your violation of this TOU or your violation of the rights of any third party.
12. Notice. You agree that any notices may be sent to you by email or by posting on this web site and that such notices shall be deemed received by you, if sent by email, 24 hours after such email has been sent by Zuellig Pharma's email server, or, if by posting on this web site, 48 hours after such posting.
13. Severability. If any provision of this TOU or part thereof is rendered void, illegal or unenforceable by any legislation to which it is subject, it shall be rendered void, illegal or unenforceable to that extent and it shall in no way affect or prejudice the enforceability of the remainder of such provision or the other provisions of this TOU. The invalidity, illegality or unenforceability of any provision in this TOU under the laws of any one jurisdiction shall not in itself affect the validity, legality and enforceability of such provisions under the laws of any other jurisdiction.
14. Waiver. Any failure of or delay by Zuellig Pharma to exercise or enforce any right or provision of this TOU shall not constitute a waiver of such right or provision.
15. No third party rights. You agree that, save as expressly provided for in this TOU, no third party shall have any rights under the Contracts (Rights of Third Parties) Act (Cap. 53B) to enforce any of the terms of this TOU.
16. Governing law and jurisdiction. You agree that this TOU and your access to and use of this web site are governed by the laws of Singapore (including without limitation, the provisions of the Evidence Act (Cap. 97) and the Electronic Transactions Act (No 25. Of 1998) and you agree to submit to the non-exclusive jurisdiction of the courts of Singapore.
17. Records. You acknowledge and agree that Zuellig Pharma's records and any records of your access to, and the communications, transactions, instructions or operations made or performed, processed or effected through, this website by you or any person purporting to be you, acting on your behalf or purportedly acting on your behalf, with or without your consent, or any record of communications, transactions, instructions or operations relating to the operation of the website and any record of any communications, transactions, instructions or operations maintained by Zuellig Pharma or by any relevant person authorised by Zuellig Pharma relating to or connected with this website shall be binding on you for all purposes whatsoever and shall be conclusive evidence of such communications, transactions, instructions or operations. You agree that such records are admissible in evidence and that you shall not challenge or dispute the admissibility, reliability, accuracy or the authenticity of the contents of such records merely on the basis that such records were in electronic form or were produced by or are the output of a computer system, and hereby waive any of your rights (if any) to so object.
18. Force Majeure. Zuellig Pharma shall not be liable for non-performance, error, interruption or delay in the website’s operation (or any part thereof) or for any inaccuracy, unreliability or unsuitability of the website’s contents if this is due, in whole or in part, directly or indirectly to an event or failure which is beyond its reasonable control which includes without limitation:- (i) flood, lightning, acts of God, fire, earthquakes and other natural disasters (ii) judgements, legislation, acts, orders, directives, policies, restrictions, regulations, bye-laws, prohibitions or measures of any kind on the part of any court, governmental, parliamentary and/or regulatory authority imposed or to be imposed after the fact (iii) power failure (iv) acts or defaults of any telecommunications network operator (v) circumstances where communications lines for Zuellig Pharma’s computer systems (whether in Singapore or elsewhere) cannot be used for reasons attributable to third party telecommunications carriers and (vi) acts or omissions of any third party.