Terms and Conditions


Definitions

In this website, the phrase(s) have the following meaning:

Contents” is used to refer to Mundipharma’s materials, information and contents found within this Site;

Mundipharma” is used to refer to Mundipharma Pharmaceuticals Sdn Bhd;

Product(s)” is used to refer to Betadine ® Daily Feminine Wash and/or Betadine ® Feminine Wash Foam;

Sample(s)” is used to refer to complimentary, mini-sized packets of the Products that are provided to you following your online request;

In the terms and conditions below, the phrases “we”, “us” and “our” are used to refer to Mundipharma.

General Terms and Conditions

Please read these terms and conditions including the privacy policy and provisions set out in paragraph 8 (“Terms”) carefully. By accessing this website (“Site”) you agree to be bound by these Terms. If you do not agree to be bound by these Terms you should NOT access or view this Site and must exit immediately. If you have any questions or concerns in relation to this Site, please contact us directly by clicking here: http://www.mundipharma.com.my/contact-us.

 

1. Disclaimer

This Site and Contents are provided to you free of charge “as is”, without any warranties or guarantees of any kind, whether express or implied. To the extent permitted by law, Mundipharma disclaims all warranties, express or implied, including but not limited to implied warranties of satisfactory quality and fitness for a particular purpose of this Site and Contents.

We use reasonable efforts to include accurate and up-to-date information in this Site but make no representation regarding the availability, accuracy or completeness of the Contents and Mundipharma assumes no liability or responsibility for any errors or omissions in the Contents.  We cannot guarantee that the functions within this Site will be uninterrupted or error-free, that defects will be corrected, or that this Site or the server that makes it available will be free of viruses or other harmful components.  You (and not Mundipharma) will assume the entire cost of any necessary servicing, repair or correction you may require.

This Site and Contents are intended for general information purposes and they are not intended to be, nor should they be, relied upon as constituting professional healthcare or medical advice.  You should not use this Site or Contents for diagnosing a health or fitness problem or disease.  Users of this Site should always consult a doctor and/or other medical professional with respect to any health concern.  The Product’s packaging is the best source and should always be consulted to learn recommended usage as well as the complete safety and efficacy information around the Product.  Except as expressly provided for on this Site, Mundipharma is not responsible for the content or use of any other web pages you may access through this Site.

Mundipharma reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site and Contents as well as putting access restrictions or blocks in place.

2. Copyright & Trademarks

All copyright, trademarks and other intellectual property rights used as part of this Site are vested in Mundipharma, and/or our licensors. You may read, view, print or download the Contents BUT ONLY for your personal, educational and non-commercial use.  Any legal use of the Contents that you make, must reference “2016 © Mundipharma Pharmaceuticals Sdn Bhd” under copyright law.

You acknowledge that Betadine ® is a registered trademark (class 5) of Mundipharma, AG in Singapore, Malaysia, PRC, Hong Kong, Taiwan and is a trademark or registered trademark in other countries.  DeoPlex ® is a registered trademark of Carruba Inc. and Tri-Care™ and Syricalm CLR (PC)™ are trademarks.

You cannot modify, reproduce, store in a retrieval system, transmit, post, publicly display, perform, distribute or deliver in whole or in part, in any form, or by any means any Contents downloaded by you from this Site for any purposes. You do not acquire any rights in this Site and Contents other than the limited right to use this Site and Contents in accordance with these Terms. You cannot offer for sale or sell or distribute over any medium, any part of this Site or Contents. You cannot make any part of this Site or Contents available as part of another website, whether by hyperlink framing on the Internet or otherwise, unless Mundipharma has given you clear written permission to do so.

3. Use of the Site

By using this Site, you agree that you will not rely on any of the Contents.

You will not use this Site or Contents for any illegal purposes and in particular agree that you shall not send, use, copy, post or allow any posting which is defamatory, obscene, indecent or otherwise against any applicable laws or regulations of Malaysia, or which is abusive, discriminatory, indecent or in breach of the privacy of any person. You will not send any unsolicited promotional or advertising material, spam or similar materials or any volume messages, which may interfere with the operation of this Site or with the enjoyment of this Site by other users.

You agree to indemnify Mundipharma against any costs, claims, penalties, losses and damages (including legal fees) incurred by or awarded against Mundipharma as a result of your misuse of this Site or Contents or your breach of these Terms.

Any violation of the Terms will subject you to civil liability or even criminal prosecution including but not limited to compensating Mundipharma for any damages to its reputation and reimbursing Mundipharma for any fines paid or losses arising from any governmental action.

If you breach any of these Terms, Mundipharma reserves the right to suspend or block your access to this Site then and in the future.

4. Links to external websites

While this Site provides links or references to external websites not affiliated with Mundipharma, they are provided only for the users’ convenience and no endorsement of any non-Mundipharma party, products or services is expressed or implied.  Mundipharma has not reviewed all the websites, some of which are outside Malaysia that may be linked to this Site.  We have no control over those external websites and will not be responsible for the accuracy or reliability of any content that appears there or the security of any activity carried out on those other websites.  Some of those websites may also have information that is only appropriate to the particular originating country or region where the website is based and is not relevant or authorised by the laws and regulations of Malaysia.

Clicking on links that lead you to any pages off this Site is at your own risk.  Mundipharma will not be liable for any damages or injury arising from your access to these other websites.  5

5. Purchasing the Product Off-Site

This Site may include links to external websites, which links are designed to facilitate your purchase of the Products from third party sellers or distributors.  You agree and acknowledge that, if you use such links, Mundipharma will not be a party to and has no control over your purchase of the Products from the third party sellers or distributors.  When you seek to purchase any Product through these external websites, you acknowledge that you are contracting with third party sellers or distributors at your sole risk.  Mundipharma will not be liable for any damage or loss you may suffer resulting from such sale by the third party sellers or distributors.

6. Links to this Site

Links to this Site are not allowed without express prior written permission of Mundipharma and then only in accordance with Mundipharma’s requirements set out in any written permission.  To request permission to link to this Site, please click here: http://www.mundipharma.com.my/contact-us.

7. Limitation of Mundipharma’s Liability

To the extent permitted by law, under no circumstances will we be liable for your reliance on this Site or Contents nor shall we be liable for damages of any kind, including without limitation, any direct, incidental, special, consequential, indirect or punitive damages that result from the use of, or inability to use, this Site or Contents or the materials in any other website that might be linked to this Site, even if Mundipharma or a Mundipharma authorised representative has been advised of the possibility of such damages.  Applicable law may not allow the limitation or exclusion of certain liabilities or incidental or consequential damages, so the limitations or exclusions in this clause may not apply to you.  In no event shall Mundipharma’s total liability to you for all damages, losses and causes of action whether the cause of action is in contract, tort (including but not limited to negligence), or otherwise exceed MYR 6,000.

8. Privacy Policy

Mundipharma respects your privacy when you visit this Site therefore our treatment of your personally identifiable information such as your name, gender, identity number, phone number, address or email address (“Personal Information”) that you may submit through this Site is in compliance with the Malaysia privacy laws (“Privacy Law”).  In particular, we collect, use and store Personal Information in good faith and only for the purposes we set out in paragraph 8 (b).

8 (a) Consent by Use of this Site

If you choose to enter and browse through this Site or submit particulars of your Personal Information through forms on this Site, you consent to and grant Mundipharma the right to use, collect and store your Personal Information. If you do not wish to give your consent, then do not continue to access this Site, do not submit your Personal Information through any form and exit this Site immediately.  If you choose to submit your Personal Information through the Site, Mundipharma will collect, use and store this Personal Information.

8 (b) How we use your Personal Information
If you request any Samples, we will request your Personal Information to respond to your request and deliver the Samples.  Further, we may also collect and use your Personal Information to contact you regarding Mundipharma promotions, other products or services from time to time.  Through technology described in paragraph 8 (d), we will also collect and use usage data that may contain your Personal Information, to enable us to gather statistics around the public’s use of this Site, monitor the usability of this Site and improve its performance and Content.  Provision of your Personal Information in our Sample request form is at your own option.

Your Personal Information will never be sold and we will not, without your express consent, provide your Personal Information to any unrelated third party unless required by law or legal process.

8 (c) Disclosure to Third Parties & Transfer Abroad

So we can carry out our business and facilitate your use of the Site, we will disclose your Personal Information to Mundipharma’s related parties if this is necessary for the purposes set out in paragraph 8(b).  We may also disclose your Personal Information to other third parties, who may be located overseas, including: (i) third parties engaged by us to perform functions or provide products and services on our behalf, such as Samples’ distributors or suppliers including storage facilities or fulfilment houses, IT service providers (relating to hosting, data storage, archiving, payment processing and debt collection), marketing or research or advertising agencies; (ii) third parties authorised by you to receive information held by us; and (iii) third parties in any event of part of a sale (or proposed sale) of all or part of our corporate business.  We impose obligations on any related and/or third party with whom we share your Personal Information to maintain the integrity and security of your Personal Information.  We will not disclose your Personal Information to an overseas recipient without taking appropriate steps to ensure that the overseas recipient will provide a standard of protection to your Personal Information that is comparable to the protection you enjoy under the Privacy Law.

 

8 (d) Automatic collection of Usage Information

This Site uses monitoring technologies and metric tools including “Cookies” and “Web Beacons” and other similar types of technology in an effort to understand how you use the Internet and gather statistics around your visit to the Site but none of the information gathered through the technologies is used to personally identify any user to the Site.  Cookies are small text files that transfer to your computer’s hard drive, so Mundipharma may track visitors to the Site. The Cookies also help the Site remember you if you repeat the visit and save your specific settings, whilst reporting this data to Mundipharma so we can generally review which parts of the Site are popular and which are less popular, so we know where to make improvements for our customers’ better service in the future. Cookies that are generated contain no Personal Information or identifiable information about your computer, and will only be used for the purposes indicated above. A Web Beacon is a clear, very tiny image (1×1 pixel) that helps us and our advertising partners understand how you use the Site so that we streamline specific advertisements about products and services that might interest you.  We also collect general usage data about the Site’s aggregate visitors so we understand how often and how long people access the Site.  Whilst we may report our findings or reports about the usage information or general data, none of these monitoring technologies collect, use or store your Personal Information. If you would like to understand more about these technologies or wish to learn how to opt out of their application to your computer, please visit the Network Advertising Initiative at http://www.networkadvertising.org/choices/

8 (e) Links and Third Party Platforms

The Site contains links to external websites but Mundipharma makes no representations or warranties as to the privacy practices of those external websites and Mundipharma will not be responsible for the privacy policies of those external websites.  Before deciding if you want to contribute to any external website or provide your Personal Information through that external website, you should read their own privacy policy.

8 (f) Online Risk

Whilst Mundipharma has taken reasonable steps in relation to your Personal Information and will continue to follow the Privacy Law, we cannot guarantee that your Personal Information, submitted through the Site will be secure during the transmission to Mundipharma’s web server, since the internet is not a secure environment.

8 (g) How to Access your Personal Information

You can always by written request, seek access to your Personal Information and/or ask us to correct or delete any inaccurate, incomplete or out of date information.  Any request for access, correction or deletion of information, or complaint must be marked to the attention of our Data Protection Officer and despatched by email to: click here: http://www.mundipharma.com.my/contact-us

Upon receipt of your request, we may request for additional information from you (including proof of identity) in order to process your request.  We may also charge a reasonable fee to cover our administration costs when dealing with any requests for access, which we will inform you of in advance.  We will endeavour to disclose and/or correct your Personal Information in accordance with our legal obligations, and where we refuse to do so, we will, where possible, provide you with the reasons for our refusal.

8 (h) Complaints and Queries

If you wish to make a complaint about our handling of your Personal Information, or if you have any queries in relation to this Privacy Policy, please contact our Data Protection Officer by clicking here: http://www.mundipharma.com.my/contact-us.  Upon receipt of your complaint, Mundipharma will carry out an investigation and may contact you for further information.  Subject to your timely co-operation, we will generally endeavour to provide a formal response setting out the results of our investigation within thirty (30) days of receiving the complaint or notice of the violation.

9. Amendments

These Terms, including the way we handle your Personal Information, may be amended by Mundipharma from time to time, without any personal notice to you.  We will post the updated Terms on this Site, which will take effect from the date of posting.  Please check the Terms periodically to inform yourself of any changes.

If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

10. Jurisdiction

These Terms are governed by and construed in accordance with the laws of Malaysia, without regard to its choice of law provisions. All disputes are to be resolved under the exclusive jurisdiction of the courts of Malaysia and you hereby waive any jurisdictional, venue or inconvenient forum objections to such courts.

You also acknowledge that this Site is controlled and operated by Mundipharma from its offices in Malaysia.  Although the internet is global in nature, the laws regulating the manner in which pharmaceutical companies convey medical or product information is not.  Each country has its own set of rules, regulations and laws.  As a result, information intended for dissemination in a particular country may not be appropriate for use outside that country.  The information on the Product displayed in this Site is designed to comply with the marketing authorisations of the Product in Malaysia, from where you are accessing this Site.  All other information on this Site is designed to comply with the laws of Malaysia.

2016 © Mundipharma Pharmaceuticals Sdn Bhd
Last updated: 11th October, 2016

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