MICROTECH MEDICAL TERMS OF USE
In order to better provide services, please read this TERMS OF USE (“Terms of Use" or “this agreement") carefully.
(1) Before you start using this app and our products and services, please read this agreement.
(2) Please be sure to read carefully and fully understand the contents of each clause, especially the clauses exempting or limiting liability, and clauses concerning dispute resolution.
(3) Unless you fully understand and accept this agreement, you cannot download, install, or use our this app and our products and services. When you register and log in to your user account according to the prompts on the registration page of this app, it means that you fully read, understand and accept this agreement, and intent to be bound by the agreement as the contractual party.
This Terms of Use is between MicroTech Medical (Hangzhou) Co., Ltd. ("Microtech", "we" or “us”) and you or any other person for whose use and on whose behalf you purchase a Microtech product or use a Microtech service（“you"）, concerning your use of (including any access to):
l the website located at Http://www.microtechmd.com/ and website located at Http://equil.pancares.com (our "websites");
l the software applications we make available for download or access at our websites, at the Apple® App Store or other mobile service provider locations or other locations we indicate ("apps"), including: Equis app.
This Terms of Use was last updated on July 1, 2017, replacing the prior ones. Microtech may change this Terms of Use at any time. Please review the Terms of Use usually when you use our products or services.
ABOUT THE INFORMATION ON OUR WEBSITES OR APPS.
Microtech does not provide medical advice. If you think you may have a medical emergency, call your doctor or other health care professional immediately.
Certain information on the websites and apps relates to products and services offered by Microtech, which is for your general education and information only. Information you read on the websites and apps cannot replace the relationship between a health care professional (e.g., a Physician) and a patient. Microtech does not practice medicine or provide medical services or advice, and the information on the websites and apps should not be considered medical advice. health care professionals are always expected to exercise their independent judgments and discretion for patient diagnosis and treatment.
The USE OF WEBSITE OR APP
Our products and services will read, analyze and evaluate glucose data for you and form report(s). You are responsible for obtaining, maintaining and paying for all hardware, software and telecommunications and other services necessary for the use of this app and our products and services。
Our products and services may require the creation of a user account ("user account"). If so, you are required to accurately complete and maintain the user account and to provide us with all information required. Please protect your user account and password. If you provide your user account and password to any third party, you will be responsible for any loss and liability arising therefrom.
Our apps are accessible through the internet by any smart device ("smart device"). You are responsible for each smart device you use to access our apps, including providing and maintaining properly running compatible updated software, a suitable internet connection, and an appropriate firewall and virus scanning software. You should download and use the official app from us or the authorized source. If you do not obtain our apps from us or from the authorized source, we cannot guarantee that security of the unofficial app, and you may suffer losses as a result.
In order to improve our services, we will update the app from time to time (including but not limited to soft modifications, upgrades, functional enhancements, development of new services, software replacement, etc.). We will, where possible, prompt you by means of, including but not limited to, system prompts, announcements, etc. after the aforesaid update. You have the right to choose to accept the updated version or service or not. But if you do not accept, some functions may be restricted or cannot use.
Our services may directly interface and interoperate with your MicroTech product or may require the download of our apps. To use certain services, we may need to send your personal information to certain third parties (which may be our business partner or services provider such as our distributor in your country) only where it is necessary, and for purposes described in the Privacy Policy. Our collection, storage and transmission of your personal information in connection with our services is governed by the Privacy Policy. Please see our Privacy Policy for details.
Microtech licenses you a personal, non-transferable, non-exclusive and non-commercial right to lawfully use our apps and its software as well as related services. Such authorization under this agreement shall be limited to on the device your legally owned.
Further, our apps and our products and services may include software, data or other items licensed to us by third parties. Your use of such third-party items is subject to the provisions of this agreement, except as required otherwise by the applicable licensor. You must comply with the additional license provisions required by vendors of such third-party items posted by us or which we otherwise provide or make available to you, as they may be amended by us from time to time.
OUR COPYRIGHTS AND TRADEMARK.
The materials on the websites and apps belong to or are licensed to Microtech. The materials are protected by copyright laws. There are some important rules about copying these materials. You may E-mail, download, or print copies of the materials on the websites and apps, but only for your noncommercial use. When you E-mail, download, or print a copy of the materials on our websites and apps, you must also include all copyright and other notices that are in the materials. except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained on the websites and apps or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of us.
Microtech also owns the names we use for our products and services on the websites and apps, and these names are protected by trademark laws. An ® following a name on our websites and apps indicates that the trademark has been registered in the US, Europe or other country. A ™ following a name indicates that it is an unregistered trademark. All trademarks are the property of their respective owners. There may be special rules for the use of materials provided on certain parts of the websites and apps. These special rules will be posted near the materials.
If you use the materials or trademarks on the websites and apps in a way that is not clearly allowed by this Terms of Use, you are violating your agreement with Microtech and may be violating copyright, trademark, and otherlaws. In that case, Microtech automatically revokes your permission to use the websites and apps. Title to the materials remains with Microtech or with the authors of the materials contained on the websites and apps. All rights not expressly granted are reserved.
Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of us, or any third party.
LINKS TO THE WEBSITES AND APPS AND USE OF MICROTECH MARKS.
You are hereby granted a non-exclusive, limited, and revocable license to use the websites and apps. Microtech reserves the right to revoke this license generally, or your right to use specific links, at any time. If Microtech revokes this license, you agree to remove and disable any and all of your links to the websites and apps immediately.
You agree not to present the link to the websites and apps in such a way that is associated with advertising or appears to be an endorsement of any organization, product, or service, or in any other manner prohibited by or inconsistent with applicable laws. You agree that the link to our products and services will not appear on a web site that a reasonable person may consider obscene, defamatory, harassing, grossly offensive, or malicious. Under no circumstances may you "frame" the websites and apps or any of its content or copy portions of the websites and apps to a server. You agree not to display or use the Microtech logo or trademark in any manner without our prior written permission.
YOUR RESPONSIBILITY
Please be aware that your use of our apps, our products and services shall comply with all applicable laws. You shall not use our apps, our products and services for any unlawful purpose, or in any unlawful or unauthorized way.
You will not, and you will not permit anyone under your control to, do or attempt to do any of the following items:
Ÿ use our apps, our products and services to harm, threaten, or harass any person or organization;
Ÿ use our apps, our products and services for commercial purposes or to benefit any third party;
Ÿ use or attempt to use any unauthorized means to modify, reroute, or gain access to our apps, our products and services;
Ÿ damage, disable, overburden, interfere with or impair our apps, our products and services;
Ÿ enable unauthorized third-party applications to our apps and our products and services;
Ÿ sublicense or transfer any of your rights under this agreement;
Ÿ modify, copy or make derivative works based on our apps, our products and services;
Ÿ reverse engineer or derive the source code for our apps, our products and services not provided to you in source code form, except to the extent such restriction is expressly prohibited by applicable law;
Ÿ use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use our apps, our products and services, or to copy or scrape data from our apps, our product and service.
PROTECTION OF YOUR PERSONAL INFORMATION
We value the security of your personal information. We will collect, use and store your personal information in strict accordance with applicable laws and our Privacy Policy. For more information on the protection of personal information, please refer to our Privacy Policy.
CHANGES, INTERRUPTIONS AND TERMINATION OF OUR SERVICES
We use our best commercial efforts to provide consistent and secure services to users. However, you understand and agree that we cannot foresee and guard against technical risks as well as other risks, including but not limited to force majeure, viruses, hacker attacks, system instability, third-party service defects, and other kinds of security issues of infestation and other reasons that may lead to the interruption of the service, the loss of data, as well as other losses and risks.
NO WARRANTIES
All content on the websites and apps is provided to you on an "as is" ,"as available" basis. Microtech hereby disclaims all warranties of any kind, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantablility, fitness for a particular purpose and non-infringement. Microtech makes no warranty as to the accuracy, completeness, currency, or reliability of any content available through the websites and apps. Microtech makes no prepresentations or warranties that use of the websites and apps will be uninterrupted or error-free. You are presponsible for taking all precautions necessary to ensure that any content you may obtain from the websites and apps is free of viruses and any other potentially destructive code.
LIMITATION OF LIABILITY.
You agree that neither Microtech nor any person or company associated with Microtech shall be liable for any damage resulting from your use or inability to use the websites and apps or the materials on the websites and apps. This protection covers claims based on warranty, contract, tort, strict liability, and any other legal theory. This protection covers Microtech, its directors, employees, agents, and suppliers mentioned on the websites and apps. This protection covers all losses including, without limitation, direct or indirect, special, incidental, consequential, exemplary, and punitive damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption.
The total liability of Microtech, directors, employees, agents, suppliers, if any, for losses or damages shall be limited to the amount of your actual damages. The limit of liability may not be effective in some jurisdictions or countries. In no event shall Microtech, its directors, employees, agents, or suppliers be liable to you for any losses or damages other than the amount described above. All other damages, direct or indirect, special, incidental, consequential, exemplary, or punitive, resulting from any use of the web site or materials Are excluded even if Microtech has been advised of the possibility of such damages.
LIABILITY FOR BREACH OF THE TERMS OF USE
As a user, you agree to be liable for any damages caused to this app, us or any other third party as a result of any violation of the relevant applicable laws or any terms and conditions under this agreement.
OTHER RULES ABOUT THE WEBSITES AND APPS.
In addition to the rules in this Terms of Use and the Privacy Policy, you may be subject to additional terms that may apply when you access particular services or materials on certain areas in using the websites and apps, or when you follow a link from the websites or apps. Please read our Privacy Policy to learn how we protect and use information that we gather through the websites and apps.
Your obligations under this section and the sections called "NO WARRANTIES" and "lIMITATION OF LIABILITIES" will survive termination of this Terms of Use. if any provision of this Terms of Use is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Terms of Use, which shall remain in full force and effect. No waiver of any of this Terms of Use shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
If you violate this Terms of Use or the Privacy Policy in a way that causes harm to others, you agree to hold Microtech harmless against any liability for that harm.
QUESTIONS, COMMENTS, AND NOTICES.
Microtech may deliver notice to you by electronic mail by a general notice on our websites and apps. You may deliver notice to Microtech at the below electronic mail address.
info@Microtechmd.com
DISPUTE RESOLUTION
This agreement shall be governed by the laws of the People's Republic of China. When not resolved by good faith negotiation between both parties, all disputes, controversies or differences which may arise between the parties hereto, out of or in relation to this agreement, shall be finally and exclusively settled by the court of competent jurisdiction at the place of domicile of Microtech.