1. Legal Notice
1.1. This legal notice (these Terms) applies to the EU Data Act information provision service provided on the Samsung Healthcare web site (the "Service") and to any correspondence between you and us (as defined in clause 1.3 below). Please read these Terms carefully before using the Service. USING THE SERVICE INDICATES THAT YOU ACCEPT THESE TERMS REGARDLESS OF WHETHER OR NOT YOU CHOOSE TO REGISTER ANY OF YOUR INFORMATION WITH US. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT USE THE SERVICE.
1.2. We may revise these Terms at our sole and absolute discretion and without prior notice from time to time. You should therefore check the Samsung Healthcare web site from time to time to review these Terms, because, by accessing and continuing to use the Service, you will be deemed to have accepted that you are bound by these Terms in effect at the time of your access. Certain of these Terms may, however, be superseded by expressly designated legal notices or terms located on particular pages within the Service.
1.3. These Terms are issued by, and the Service is provided by, Medical Device Business Division of Samsung Electronics and Samsung Medison, both having their offices at East Central Tower, 1077 Cheonho-daero, Gangdong-gu, Seoul 05340, Republic of Korea. All references to "we", "us" and "our" are references to Medical Device Business Division of Samsung Electronics and Samsung Medison. You may contact us through the inquiry page.
1.4. The Service is aimed at EU residents and intended for access and use by EU residents only. In particular, no warranties and/or representations of any kind, express or implied, are given as to the compliance of the information shown on the Service or any information relating to our business in any respect with any laws of any other country.
2. Intellectual Property and License
2.1. You are permitted to print and download extracts from the Service for your own personal, non-commercial use on the following basis: (a) no documents or related graphics provided through the Service are modified in any way; (b) no graphics provided through the Service are used separately from the corresponding text; and (c) our copyright and trade mark notices and the provisions of this clause 2 appear in all copies.
2.2. Unless otherwise stated, the copyright, trademarks, database rights and other intellectual property rights in all software, source code and other content and material provided through the Service (including without limitation photographs and graphical images) are proprietary rights owned by us or our licensors. For the purposes of these Terms, any use of extracts from the Service other than in accordance with clause 2.1 above for any purpose is prohibited. If you breach any of these Terms, your permission to use the Service automatically terminates and you must immediately destroy any downloaded or printed extracts from the Service.
2.3. Subject to clause 2.1 above, no data provided by the Service may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service without our prior written permission.
2.4. Any rights not expressly granted in these Terms are reserved.
2.5. The Service may not be used in connection with any other commercial purpose except those that are specifically endorsed or approved by us. Appropriate legal action will be taken by us for any illegal or unauthorized use of the Service.
3. Privacy and Registration
3.1. Our use of your personal information is governed by our Privacy Policy which can be viewed on the footer of the Samsung Healthcare web site (available at https://previous.samsunghealthcare.com/en/privacy). PLEASE READ THE PRIVACY POLICY CAREFULLY - it deals with your rights and our obligations in relation to your personal data, including what we can do with it and to whom we may give it in certain situations.
3.2. We may use cookies in providing the Service. Cookies are files that store information on your hard drive or browser and enable us to adapt the Service to suit your demands and provide you with a more customized user experience. Further information about the cookies used for the Service is available in our Privacy Policy.
3.3. Each account and registration set up and used for the Service at Samsung Healthcare web site is for a single user or may be registered to the purchasing institution (e.g. employees, authorized agents). Any unique credentials (username and password) issued to you may not be shared. The user (or the purchasing institution) is responsible for all user access management and the security of credentials issued.
4. Visitor Conduct
4.1. Other than personally identifiable information, which is covered under our Privacy Policy, any material you transmit or post in connection with the Service on the Samsung Healthcare web site shall be considered non-confidential and non-proprietary. We and our designees shall be free to copy, disclose, distribute, incorporate and otherwise use such material and all data, images, sounds, text and other things embodied therein for any and all commercial or non-commercial purposes.
4.2. You are prohibited from posting or transmitting to or from the Service any material: (a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience; (b) for which you have not obtained all necessary licenses and/or approvals; (c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party, in any country in the world; or (c) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).
4.3. You may not misuse the Service (including, without limitation, by hacking).
4.4. We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 4.2 or clause 4.3 above.
5. Links
5.1. Links to third party websites accessible through the Service or Samsung Healthcare web site are provided solely for your convenience. If you use these links, you leave our sites (linked sites will generally open a new window, our sites remaining open). We have not reviewed all of these third party websites and do not control and are not responsible for these websites or their content or availability. We therefore do not endorse or make any representations about them, or any material found there, or any results that may be obtained from using them. If you decide to access any of the third party websites linked to our sites, you do so entirely at your own risk.
5.2. You may not create links to the Service without our prior written consent, which consent will only be given subject to the satisfaction of certain criteria.
5.3. You shall fully indemnify us for any loss or damage suffered by us or any of the Samsung Group Companies (defined in clause 5.4 below) for breach of clause 5.2 above.
5.4. The Samsung Group Companies means Samsung Electronics and Samsung Medison group of companies, or any other company under the Samsung brand. A full list of Samsung Group Companies is available upon request.
6. Disclaimer and Liability
6.1. We do not guarantee, represent or warrant that your use of the Service will be uninterrupted or error-free. While we endeavor to ensure that the Service is normally available 24 hours a day, we shall not be liable if for any reason the Service is unavailable at any time or for any period. Access to the Service may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.
6.2. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The material provided through the Service is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Service on the basis that we exclude all representations, conditions and other terms and expressly disclaims any warranty of any kind, either express or implied, including all implied warranties of satisfactory quality, fitness for a particular purpose, suitability, reliability, timeliness, accuracy, completeness, security, title and non-infringement which, but for these Terms, might have effect in relation to the Service.
6.3. In no case shall we, any other party (whether or not involved in creating, producing, maintaining or delivering the Service), any of the Samsung Group Companies, nor any of such companies' directors, officers, employees, affiliates, agents, contractors or licensors be liable to you or any third party for any direct, indirect, incidental, punitive, special or consequential loss or damages including without limitation any loss of use, profits or data arising from your use of the Service or for any other claim related in any way to your use of the Service including but not limited to any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of, or inability to use, any content posted, transmitted or otherwise made available via the Service or from the conduct of any users of the Service, whether online or offline, the deletion of your data, information or content stored in connection with the Service, even if advised of their possibility, whether such losses or damages arise in contract, negligence, tort or otherwise.
6.4. We do not represent or guarantee that the Service will be free from loss, corruption, attack, viruses, interference, hacking or other security intrusion, and we disclaim any liability relating thereto. You shall be responsible for backing up your own system and if your use of material provided through the Service results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.
6.5. We may make changes to the material available through the Service, or to the products/services and any prices described in it, at any time without notice. The material provided through the Service may be out of date, and we make no commitment to update such material.
6.6. Nothing in this Agreement shall act to exclude or limit our liability for death or personal injury caused by negligence, fraud, misrepresentation as to a fundamental matter or any other liability which may not by applicable law be excluded or limited.
7. Indemnity
By using the Service, you agree to indemnify and hold us, any of the Samsung Group Companies, and any of such companies' directors, officers, employees, affiliates, agents, contractors, and licensors harmless with respect to any claims arising out of your breach of these Terms, your use of the Service, any action taken by us as part of our investigation of a suspected breach of these Terms or as a result of our finding or decision that a breach of these Terms has occurred.
8. General
These Terms are between you and us and are governed by and shall be construed in accordance with the laws of Republic of Korea. Disputes arising in connection with these Terms shall be subject to the exclusive jurisdiction of the Korean courts.
No failure to exercise or any delay in exercising any right under these Terms shall impair or operate as a waiver thereof in whole or in part. No single or partial exercise of any right under these Terms shall prevent any further or other exercise thereof or the exercise of any other right.
You agree that we may sub-contract the performance of any of our obligations or may assign this agreement or any of our rights or obligations hereunder without giving you notice. We will not be liable to you for any breach of these Terms which arises because of any circumstances that we cannot reasonably be expected to control. These Terms form the entire understanding between you and us concerning your use of the Service and supersede all previous agreements relating to the Service. If any part of these Terms is determined to be legally invalid or unenforceable, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect.
