[300-5006-POL-R2] Last Updated 17 Nov 2022
“Terms and Conditions of Use” apply to the OBS Medical web site located at www.obsmedical.com, and all associated sites linked to www.obsmedical.com by OBS Medical Ltd, its subsidiaries and affiliates, including OBS Medical sites around the world (collectively, the “Site”).
The Site is the property of OBS Medical Ltd. (“OBS”), with a principal place of business at Unit 14 Cirencester Office Park, Tetbury Road, Cirencester, Gloucesterhsire, GL7 6JJ, UK, and its licensors. This agreement is between you and OBS and its subsidiaries and affiliates.
Use of the Site
OBS reserves the right to bar any such activity that uses automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. OBS reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any OBS server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site without express written consent by the directors of OBS. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of OBS, including any OBS account not owned by you, to its source or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or OBS systems or networks, or any systems or networks connected to the Site or to OBS.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not disguise the origin of any message or transmittal you send to OBS on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
Termination of Use
Unless agreed otherwise in separate contract with OBS, OBS may, in its sole discretion, terminate your account or your use of the OBS Site at anytime. OBS reserves the right to change, suspend, or discontinue all or any aspects of the Site at any time without prior notice.
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled by or licensed to OBS, and is protected by trade, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
You may use information on OBS products and services (such as data sheets and similar materials) made available by OBS for downloading from the Site, provided that you (1) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer or broadcast it in any media, (2) make no modifications to any such information, and (3) not make any additional representations or warranties relating to such documents.
OBS does not represent or endorse the accuracy or reliability of any advice, opinion, statement, or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or information shall be at your sole risk. OBS reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Site.
You may not use anyone else’s ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. OBS cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
OBS may monitor your use of the Site and may freely use and disclose any information and materials received from you or collected through your use of the company web site for any lawful reason or purpose.
Links to Other Sites and to the OBS Site
This Site may contain links to other independent third-party web sites (“Links”). These Links are provided solely as a convenience to our visitors. Such Links are not under OBS control, and OBS is not responsible for and does not endorse the content of such Links, including any information or materials contained on such Links. You will need to make your own independent judgment regarding your interaction with these Links.
This site is run on an “as-is” and “as-available” basis. To the fullest extent permissible by law, OBS makes no representation or warranties of any kind whatsoever for the content on the site or the materials, information and functions made accessible by the software used on or accessed through the site, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information through the site or any linked site. All information provided on the site is subject to change without notice. OBS cannot ensure that any files or other data you download from the site will be free of viruses or contamination or destructive features. OBS disclaims all warranties, express or implied, including any warranties of accuracy, non-infringement, merchantability and fitness for a particular purpose. OBS does not warrant that the functions contained in the site or any materials or content contained therein will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available is free of viruses or other harmful components. OBS shall not be liable for the use of the site, including, without limitation, the content and any errors contained therein. OBS disclaims any and all liability for the acts, omissions and conduct of any third parties in connection with or related to your use of the site and/or any OBS services. You assume total responsibility for your use of the site and any linked sites. Your sole remedy against OBS for dissatisfaction with the site or any content is to stop using the site or any such content.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
OBS reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will OBS be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if OBS has been advised of the possibility of such damages.
You agree to indemnify and hold OBS, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against OBS by any third party due to or arising out of or in connection with your use of the Site.
Violation of these Terms and Conditions of Use
Use You acknowledge and agree that OBS may preserve any transmittal or communication by you with OBS through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or OBS determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of, (3) respond to claims that any such data violates the rights of others or (4) protect the rights, property or personal safety of OBS, its employees, users of or visitors to the Site, and the public.
You agree that OBS may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site or (4) unexpected technical issues or problems.
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Kingdom.
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United Kingdom export laws and regulations.
Throughout the site OBS trademarks are indicated by either a TM or ®. All such trademarked items are TM or ® OBS. Use of any OBS trademark for commercial purposes without the prior written consent of OBS may constitute trademark infringement and unfair competition.
Rights and Permissions
If you have any questions concerning the usage or licensing of OBS copyrighted materials, for example, photographs, video footage, advertisements or other materials, please submit your detailed request in writing.
Requests may be emailed to firstname.lastname@example.org, or sent in writing to OBS Medical Ltd, Unit 14 Cirencester Office Park, Tetbury Road, Cirencester, Gloucesterhsire, GL7 6JJ, UK.
OBS and its employees do not accept or consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not send any original creative artwork, suggestions or other works. The sole purpose of this policy is to avoid potential misunderstandings or disputes when OBS products or marketing might seem similar to ideas submitted to OBS. If, despite our request that you not send us your ideas, you still send them, then regardless of what your letter says, the following terms shall apply to your idea submission:
You agree that; your ideas will automatically become the property of OBS, without compensation to you and OBS can use the ideas for any purpose and in any way, even give them to others.
OBS does, however, welcome your feedback regarding many areas of OBS existing business. If you want to send us your feedback, and we hope you do, we simply email us at email@example.com. Please provide only specific feedback on OBS existing products.
The information contained in this web site is subject to change without notice.
Copyright © 2022 OBS Medical Ltd. All rights reserved.