General terms of use of the Website
Use of the "Daflon" website ("the Website") is subject to acceptance of this General Terms of Use ("TOU").
By using the Website, you ("User") acknowledge that you have read and understood the TOU and hereby declare that you accept the TOU without reservation, and undertake to comply with the TOU.
1. Purpose
This Website is intended to give Users general information on hemorrhoidal disease and chronic venous disease, as well as Daflon which is a product by Servier Malaysia_(“Servier Malaysia”)_. It should be noted that this Website is not intended for children or minors (individuals under the age of 18 years of age).
This Website does not constitute a medical or remote health service system. Consequently, any information which is placed on the Website should not be considered equivalent to a medical opinion or diagnosis, or to take the place of a medical consultation with a health professional.
For any information concerning any products in relation to hemorrhoidal disease and chronic venous disease, Users are requested to contact the relevant legal entity holding the marketing authorisation of the product in question.
2. Intellectual property
All content available on the Website, including, without limitation, any text, graphics, pictograms, images, photographs, illustrations, sounds, audio and video data, the Website's structure, browsing plan and logos, the design and organisation of its headings, their titles, the databases, their structure and content, the trademarks (referred to hereinafter as "the Content") is the exclusive property of Servier Malaysia, and/or, if applicable, of its licensors or partners.
Consequently, any commercial usage, representation, distribution, reproduction, adaptation, translation or transformation, whether total or partial, by any process whatsoever, of the Website, the Content and/or of its component elements, any sharing of the Website and/or the Content and/or any transfers or reproduction of the same on to any other site without the prior, written authorisation of Servier Malaysia, is strictly prohibited.
All requests for authorisation for reproduction of the Website and/or any reproduction or use of the Content shall be sent to Servier Malaysia, at the following address: mydigital@servier.com.
In addition, the trademarks and logos shown on the Website are registered trademarks, and cannot be used without the express authorisation of their respective owners.
3. Processing of personal data and cookies
The Users hereby agree and consent to the use and processing of his/her personal data (including use of any cookies on the Website) by Servier Malaysia in accordance with the terms of Servier’s Data Privacy Policy, which can be viewed here.
4. Use of the Website
Users undertake to use the Website:
-
in accordance with its intended use;
-
for private use, excluding all commercial or promotional activities, or activities for professional, promotional, marketing or commercial purposes;
-
in accordance with copyright and all other types of intellectual property rights, in particular by preserving each indication of copyright or of ownership right mentioned in all elements of the Website which it uses;
-
without using a robot or any other automated means to access and use the Content of the Website, and without attempting to impede the Website;
-
without attempting to copy it, to reproduce it in whole or in part, to make it accessible or to distribute or share it by any means whatsoever with unauthorised third parties.
In addition, the information supplied on the Website and any Content is non-contractual and shall be considered to be offers for services or products.
Under no circumstances does the Website or any Content constitute an assertion, guarantee or undertaking by Servier Malaysia concerning the products and services which are shown on the Website.
The User is also informed that any information published on the Website and any Content cannot be considered equivalent to medical advice and should not be used in place of the advice of a doctor. Consequently, Users shall under no circumstances use such information and/or Content to establish a medical diagnosis or to recommend a treatment, and Users must consult a health professional authorised to dispense medical care.
Servier Malaysia shall not be held liable for any decision made on the basis of or in reliance of any information contained on the Website and/or any Content, nor for any use which may be made of it by third parties.
It should also be noted that each User of the Website is responsible for taking all appropriate measures to protect and secure its own data and/or applications against any intrusion or contamination by any viruses present on the Internet.
5. Accuracy and comprehensiveness of information on the Website
To the fullest extent permitted by applicable laws, all information supplied to the Users on the Website and/or any Content is provided "as is", without any guarantee of any kind, whether express or implied, including, but not limited to, implied guarantees of merchantable quality, aptitude for a particular use, or absence of infringement of copyright.
Servier Malaysia strives to ensure, as far as practicable, that the information posted on the Website is accurate and up-to-date, when it is posted on the Website.
However, Servier Malaysia does not guarantee in any way the completeness, accuracy or comprehensiveness of the information and content made available to the Users on the Website, and Servier Malaysia reserves the right to amend or to correct, at any time and without notice, the content of information and documents published on the Website.
Consequently, to the fullest extent permitted by applicable law, Servier Malaysia excludes all liability for any imprecision, inaccuracy, omission or modification relating to information available on Website, in particular in the event of a change of the statutory or legal provisions and/or due to any damage resulting from a fraudulent intrusion or unauthorised access by a third party, where such intrusion or unauthorised access leads to a modification of the information made available on the Website or to the Content.
In this regard, Servier Malaysia shall not be held liable for any or all direct or indirect damage caused by access or use of the Website and/or any Content by the Users or any party or due to any unavailability of Website and/or any Content.
6. Modification of the Website
Servier Malaysia reserves the right to modify the content of the Website, the Content and the data or information accessible via the Website as well as the TOU, in order to comply with any new laws, applicable standards, legislation and/or regulations, and/or to improve Website performance.
In this case, the amended TOU shall be effective from the date on which it is posted on the Website. The User is therefore recommended to keep themselves regularly informed of the Website's latest TOU.
7. Availability of the Website
Servier Malaysia strives to keep the Website accessible to Users 24 hours a day, 7 days a week. However, Servier Malaysia cannot and does not warrant the Website's availability and accessibility at all times.
This being so, Servier Malaysia reserves the right to cancel, restrict, suspend or temporarily disrupt partial or total access to the Website, to its functions, or to all or part of the services offered on the Website, at any time, without notice or compensation, for any reason whatsoever, and in particular for technical maintenance reasons, on occurrence of an event of force majeure or unforeseen accident, IT problems, difficulties relating to the structure of the communication networks, or of any other technical difficulties.
Notwithstanding all the means used by Servier Malaysia and its technical service providers, the User acknowledges and agrees that Servier Malaysia is not responsible for any unavailability or disruptions of the Website due to failures beyond Servier Malaysia’s control, including but not limited to Internet connection failures or unavailability.
8. Limitation of Liability of Servier Malaysia
To the fullest extent permitted by applicable law, Servier Malaysia shall not be liable for any damages, including without limitation to direct or indirect, special, incidental or consequential damages, losses or expenses incurred by a User or any third party, resulting from access to the Website, browsing on the Website, the content of the Website including the Content, use of the Website and of any other sites which are connected to it, or due to the Website and/or Content being unavailable.
In particular, Servier Malaysia excludes all liability for damage of any kind whatsoever resulting from:
-
a typographical or formatting error, imprecision, inaccuracy or omission relating to the information accessible on the Website and/or the Content;
-
a fraudulent intrusion or unauthorised access by a third party, including where such a fraudulent intrusion or unauthorised access leads to a modification of the information, documents or elements made available on the Website and/or the Content;
-
access by the User or any party to the Website or from any unavailability of the Website;
-
a failure, malfunction or incompatibility of the User's IT equipment;
-
an interruption of any networks providing access to the Website, from total or partial unavailability of the Website, including where such interruption or unavailability results from telecommunication network disruptions;
-
the distribution or introduction of computer viruses, Trojans or worms, through the Website, which may affect the User's equipment;
-
credit given to any information derived directly or indirectly from the Website, from use of it, or from the use of a product to which it makes reference.
Servier Malaysia hereby excludes all liability, express or implied, if use of the information on the Website and/or the Content infringe any intellectual property rights including rights under patent, copyright and/or trademark.
9. User's liability
The User is informed that in the event of a request by the competent authorities, Servier Malaysia is authorised to transmit all login data allowing identification of the User, if the latter is so requested by the competent authorities.
10. Applicable law and Conflict in Language Versions
The present TOU is governed by and construed in accordance with the laws of Malaysia. All disputes arising under or related to these terms shall be bound by the exclusive jurisdiction of the courts of Malaysia.
Any application of the rules of conflict of laws which restricts full application of Malaysia law is consequently excluded hereby. Consequently, Malaysian law applies to all Users who browse the Website and use all or part of its functions including the Content.
In the event of a conflict between the information presented in the English version of this TOU and other language versions of the TOU, the English version shall prevail.
2024