1.1 The use of these internet pages provided by Hillrom and/or its subsidiaries ("Hillrom "), "Hillrom Web Site", is subject to these Conditions. By starting the use of the Hillrom Web Site these Conditions are accepted.
2.1 Hillrom offers on the Hillrom Web Site information, software or documentation (“Materials”) for purposes as designated on the web site.
3. Access and password protection
3.1 Hillrom reserves the right to a) grant, deny, limit or withdraw access rights of any user, without any notice and b) make access conditional by requiring e.g. the submission of certain information of the User and c) impose certain user conditions.
3.2 Some Materials on the Hillrom Web Site may be password protected. The User shall ensure that its passwords will not be accessible by third parties and User is liable for all transactions and other activities carried out under its password.
4. Permission and conditions of use of the materials
4.1 Hillrom grants the user a non-exclusive and non-transferable permission to use the Materials, made available to the user on the Hillrom Web Site for the purpose intended by Hillrom in making the Materials available.
4.2 While using the Hillrom Web Site the User shall not:
• violate any (Hill-Rom) intellectual property right or any other proprietary right;
• upload any contents containing a virus or any other program that could damage data;
• transmit, store or upload hyperlinks or contents to which the User is not entitled to use, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or are illegal; or
• distribute advertising, spam, unsolicited messages or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, game or any action whereby money or benefits in kind are sought.
5. Intellectual property
5.1 The Materials are protected by copyright and other intellectual property right laws. The Materials found on the Hillrom Web Site may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Hillrom.
5.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User.
6.1 The Hillrom Web Site may contain links to the Web pages of third parties. Hillrom accepts no liability for the contents of third party web pages and does not make representations about or endorse such web pages or their contents as its own, as Hillrom does not control or verify the content or accuracy of the information on such web pages and declines all responsibility for the contents and information given thereon. The use of such web pages shall be at the sole risk of the User and be governed by the terms use of those Web pages.
7.1 Insofar as any Materials are made available by Hillrom, these are provided “as is”. Any liability for defects as to quality or title of the Materials in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose, merchantability are excluded, to maximum extent permitted by law. The required performance of a product shall be separately agreed and not be governed by the web content.
7.2 The Materials may contain general descriptions related to the technical possibilities of individual products but these possibilities or products, may not be available to the User in certain cases, included but not limited to product changes, lacking regulatory approvals, export controls etc.
7.3 Hillrom and the hosts of this web site hereby exclude any and all liability, to the maximum extent permitted by applicable law, for any claims, losses, demands or damages of any kind whatsoever with respect to Materials provided on its website including but not limited to direct, indirect, incidental or consequential loss or damages, compensatory damages or loss of profits or data, damages to IT systems and data bases, loss of data, User Data privacy breaches, whether based on a breach of contract or warranty, delict or tort (including negligence), product liability or otherwise.
7.4 The User shall, for its own protection, be solely responsible to take the necessary steps to ensure appropriate IT and data security measures.
8. User data privacy protection and data transmission
8.1 For collection, use and processing of personally identifiable data (“User Data”) of the User on the Hillrom Web Site, Hillrom shall comply with applicable laws on data privacy protection. User agrees and accepts that Hillrom websites may be hosted in other territories than were User is located, and User consents to User Data transmission, User Data processing and User Data controlling by Hillrom and its service providers anywhere in the world.
9. Market regulations
9.1 Each country has specific rules governing the communication of medical or other information about medical products. Nothing herein should be construed as a solicitation or promotion for any product which is not authorized by the laws and regulations of the country where the User is located. If anything on the Hillrom website is construed as being contrary to the laws applicable in any other country, then the Hillrom website is not intended to be accessed by persons from that country and any persons who are subject to such laws shall not be entitled to use the Hillrom website.
10. Place of jurisdiction, applicable law
10.1 The Hillrom Web Site is operated and administered by companies located in multiple locations worldwide. These Conditions shall be governed by and resolved in accordance with applicable local law.