Terms and conditions
Terms and conditions of Use
Welcome to https://lab-solutions.dksh.com/ (the “Site”).
The Site is owned and operated by “DKSH International Ltd”, a company incorporated under the laws of Switzerland, with registered office at Wiesenstrasse 8, P.O. Box 888, 8034 Zurich, Switzerland, CHE-102.395.342. (“DKSH”).
1. Acceptance of Terms and Conditions.
Your access to and use of the Site is subject to the following terms and conditions of use (the “Terms and Conditions“) and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms and Conditions.
If you do not accept these Terms and Conditions, please note that you are not allowed to access, use or download materials from this Site.
You must not use the Site to: (i) violate any applicable laws or regulations in Switzerland or elsewhere; (ii) distribute viruses, malware, or other harmful content; (iii) engage in fraudulent, misleading or deceptive activities; (iv) infringe on the intellectual property or privacy of others.
2. Electronic communications.
When you send e-mails to us, you are communicating with us electronically. DKSH will communicate with you electronically in a variety of ways, such as by e-mail, text or by posting e-mail messages or communications on the Site. For contractual purposes, you agree that all agreements, notices, disclosure and other communications that DKSH provides you electronically satisfy any legal requirement that such communications be in writing, unless mandatory applicable laws specifically require a different form of communication.
3. Intellectual Property Rights.
The Site and all the information and materials available on it including the design, layout, look, appearance, graphics, organization of the contents of the Site, photographs, images, illustrations, text, fonts, video, music, sound, audio clips, logos, trademarks – whether they are registered or not, figurative or not – all other marks, service marks, brand names, trade or business names, domain names and URLs, software (the “Content”) are either owned or licensed by us, and are protected by applicable copyright, trademark, patent or other intellectual property laws around the world. DKSH reserves all such rights.
Neither DKSH nor any of its affiliates warrants or represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with DKSH or its affiliates.
No Content of this Site may be reproduced, duplicated, copied, sold or resold without our express written consent. You may not frame or use framing techniques to enclose any Content of DKSH without our express written consent. You may not use any meta tags or any other hidden text utilizing DKSH’s names or trademarks without our express written consent.
With the exception of the foregoing limited authorization, no license to or right in any copyright, trademark, patent, or other intellectual property right of DKSH, its affiliates or of any other party is granted or conferred to you.
4. Information available on the Site.
While DKSH uses reasonable efforts to include accurate and up to date information on the Site (the “Information”), Information may be incomplete or outdated and may contain inaccuracies or typographical errors. DKSH and/or its affiliates make no warranties or representations with respect to the Content of the Site, which is provided “as is” and on “as available” basis.
DKSH reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice.
The Site may contain Information on its worldwide products and/or services or on worldwide products and/or services of its affiliates, not all of which are available in every location. A reference to a product or service on the Site does not imply that such product or service is or will be available in your location.
5. Your interactions with the Site.
Any communication, information and/or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes, free of charge, the property of DKSH or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, DKSH and/or its affiliates are free to use any ideas, concepts, knowhow, or techniques contained in any communication, information or material you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products or services using such information, communication or material without restriction and without compensating you in any way.
By transmitting any communication, information or material to the Site, you agree that: (a) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any communication, information or material; and (b) you own the communication, information or material or have unlimited right to provide it to DKSH or its affiliates and DKSH and/or its affiliates may publish the communication, information or material free of charge and/or incorporate it or any concepts described in it in the services or products of DKSH and/or its affiliates without accountability or liability; and (c) you agree not to take action against DKSH or its affiliates in relation to communication, information or material submitted by you and you agree to indemnify DKSH and/or its affiliates if any third party takes action against DKSH or its affiliates in relation to the communication, information or material you submit.
Although DKSH may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, neither DKSH nor its affiliates are under any obligation to do so and assume no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. DKSH will fully cooperate with any law enforcement authorities or court order requesting or directing DKSH or its affiliates to disclose the identity of anyone posting any such information or materials.
6. Linked Sites.
Because DKSH and its affiliates have no control over and do not endorse any of the sites (or the products or services referenced therein) to which the Site is linked (the “Linked Sites”) and because DKSH has not reviewed any or all of the Linked Sites, you acknowledge that neither DKSH nor its affiliates are responsible for the content of any off-Site pages or any other sites linked to the Site. Your linking to the Site, off-Site pages or other sites is at your own risk and without the permission of DKSH or its affiliates. By making use of any such Linked Sites, you understand that the legal statement and privacy policy of the Linked Site will apply and which may be different from those of DKSH. You also agree that neither DKSH nor its affiliates have any control over the content of sites to which this Site is linked and cannot assume any responsibility for material and/or information created or published by such third-party sites.
7. Disclaimer of warranties and limitation of liability.
DKSH and/or its affiliates accept no responsibility, warranty or liability whatsoever arising from or in any way connected with the use of this Site or its contents. In particular, DKSH and/or its affiliates do not make any warranty of any kind, either expressed or implied, including but not limited to warranties of title, non-infringement or implied warranties of merchantability or fitness for a particular purpose in relation to the availability, accuracy, reliability or contents of the Site, and DKSH and/or its affiliates will not be liable for the accuracy, completeness, adequacy, timeliness, or comprehensiveness of the Information and Content contained on the Site. DKSH and/or its affiliates also assume no responsibility, and shall not be liable for, any damages to, or viruses or worms that may infect, your computer equipment or other property on account of your access to, use of, or browsing the Site or your downloading of any materials, data, text, images, illustrations, graphics, photographs, video clips, audio clips or audio-video clips from the Site. DKSH reserves the right to interrupt or discontinue any or all of the functionality of its Site and/or to revise or alter the pages of this Site or the contents thereof, respectively, or withdraw access to them, at any time, for any reason, without prior notification. Neither DKSH nor its affiliates nor the DKSH Group entity controlling this Site accept any responsibility or liability whatsoever for the use of the Site, the Contents, any Linked Site or the inability to use the same, or in connection with any failure of performance, delay in operation and transmission, interruption, discontinuance, error, omission, virus or Site failure, whether the result of actions or omissions of an entity of the DKSH Group or a third party.
You are responsible for evaluating the information and content obtained through the Site. By using the Site, you undertake all risks connected to the relevant use and to take full responsibility for any failure in the use, loss of data, and costs associated with all necessary services and maintenance of hardware and/or software.
To the extent permitted by applicable law, you agree to indemnify DKSH, DKSH’s affiliates, and their respective directors, non-executive directors and employees against any loss, liability, claim or requirement (even if claimed by third parties) caused by your breach of these Terms and Conditions using this Site, and/or your breach of these Terms and Conditions and/or any breach or your representation and warranties under these Terms and Conditions including reasonable attorney’s fees and/or any liability to third parties caused by any material and /or information transmitted by you to DKSH.
8. Terms and Conditions modifications and severability.
DKSH may at any time revise, without prior notice, these Terms and Conditions by updating this posting. You are bound by any such revisions immediately upon posting of such revision or modification and should therefore review these Terms and conditions every time you use this Site. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
9. Forward-Looking Statements Disclaimer
This Site may contain forward-looking statements which are based on current plans, estimates and projections, with regard to which DKSH or its affiliates shall in no way be liable. These statements involve inherent risks and uncertainties, many of which are outside the control of DKSH or its affiliates. DKSH undertakes no obligation to update any of these statements in light of new information or future events.
10. Applicable laws and Dispute Resolution
These Terms and Conditions and all legal relations between you and DKSH shall be governed exclusively by the substantive laws of Switzerland to the exclusion of the laws on conflict of laws and of the United Nations Convention on Contracts and the International Sale of goods (CISG) of April 11, 1980.
Any disputes arising out of or in connection with these Terms and Conditions or any legal relations between you and DKSH shall be resolved exclusively before the courts in Zurich, Switzerland.
11. Privacy
Your use of the Site is also governed by our Privacy Policy. Please review our Privacy Policy which may be found in the Site to understand how we collect, use, and protect your information.
12. Termination of Access
DKSH reserves the right to terminate or suspend your access to the Site at any time, with or without notice, for any violation of these Terms and Conditions or for any other reason at our sole discretion.
