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Welcome to the www.freseniuskidneycare.asia website (the “Site”). This Site is owned and operated by Fresenius Medical Care Asia-Pacific Limited. (“Fresenius Medical Care Asia Pacific”) or one or more of its direct or indirect subsidiaries and affiliates (collectively, the “Company,” “we” or “us”).
By accessing or using this Site in any way, including, without limitation, browsing this Site, using any information and/or submitting any information, including your personal information to us via this Site, you agree to and are bound by the following terms and conditions of use (“Terms of Use”) and our Website Privacy Policy, the terms of which are incorporated herein by reference, which govern your access to and use of this Site and any content, functionality and services offered or otherwise made available to you on or through this Site.
Please read the Terms of Use carefully before using this Site. By using this Site, you accept and agree to be bound and abide by these Terms of Use and our Website Privacy Policy, including, but not limited to, agreeing to the Terms of Use and Website Privacy Policy electronically, any disclaimers of warranties, limitations and exclusions on damages and remedies and a choice of Hong Kong law.
If you do not want to agree to these Terms of Use or our Website Privacy Policy, you must not access or use this Site.
Special rules or additional terms and conditions for the use of certain software, mobile applications and other features, materials, information or items accessible on this Site may be included elsewhere within this Site and are incorporated into these Terms of Use by reference. For example, if we provide desktop, mobile or other applications for download or make social media features available via this Site, you may download a single copy to your computer or mobile device or use those social media features solely for your own personal, non-commercial use, provided that you agree to be bound by the special rules and additional terms and conditions that apply to those applications or features.
Except as noted below, the Site and its entire contents, features and functionality (including but not limited to all information, software, text, displays, graphics, images, illustrations, photographs, video, audio and other materials and the design, selection and arrangement thereof) (the “Content”), are owned by us, our licensors or other providers of such material and are protected by Hong Kong laws and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
Certain products, services or company designations for companies other than us may be mentioned in this Site for identification purposes only.
Third-party trademarks, trade names, logos, product or services names contained on this Site are the trademarks, registered or unregistered, of their respective owners.
Any use of this Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws. If you print, copy, modify, download or otherwise use or provide any other person with access to any part of this Site in breach of the Terms of Use, your right to use this Site will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. Neither these Terms of Use nor your use of this Site transfers any right, title or interest in this Site or the Content to you, and we and our third-party licensors retain all of our and their respective rights, title and interest to this Site and the Content. Any rights not expressly granted herein are reserved.
Unless otherwise indicated, all trademarks displayed on the Site have been registered in specific countries and are subject to the trademark rights of Fresenius Medical Care and are either owned or used under license by Fresenius Medical Care and its affiliates.
These Terms of Use permit you to view this Site for your personal, informational and non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the Content on our Site except with our written consent.
You may use this Site only for lawful purposes and in accordance with these Terms of Use. In accessing or using this Site, you agree that you will not:
You may also link or hyperlink any publicly available page of this Site to a website that is owned by you, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.
This Site may provide certain social media features that enable you to:
You may use these features solely as they are provided by us and solely with respect to the Content with which these features are displayed and otherwise in accordance with any additional terms and conditions we provide with respect to such features. The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards section set forth in Section 10 of these Terms of Use below.
Subject to the foregoing, you must not:
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
To access this Site or some of the Content or other features it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of this Site that all the information you provide on this Site is correct, current and complete. You agree that all information you provide to register with this Site or otherwise, including but not limited to through the use of any interactive features on this Site, is governed by our Website Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Website Privacy Policy.
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Site or portions of it using your user name, password or other security information.
You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use or the Website Privacy Policy.
The Site may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, options to share or publish your experiences or stories, or other interactive features (collectively, “Interactive Features”) that allow users to upload, post, submit, publish, display or transmit Content to other users of this Site or other persons (collectively, “User Contributions and Submissions”) on or through this Site.
All User Contributions and Submissions must comply with the Content Standards contained in these Terms of Use.
We do not claim ownership of any User Contributions and Submissions or other information or material that a user provides to us or posts, uploads, inputs or submits to or through this Site by any means. All User Contributions and Submissions will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose whatsoever and without restrictions, except where prohibited by law.
By initiating or making any User Contributions and Submissions, you automatically agree to grant us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns an unrestricted, irrevocable, worldwide, royalty-free license to use, reproduce, modify, perform, display, distribute, create derivative works from, transmit and distribute such User Contributions and Submissions, alone or as part of other works in any form, media or technology whether now known or hereafter developed, for any purpose. You hereby waive all rights to any claim against us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns for any alleged or actual infringements of any proprietary rights, rights of privacy, rights of publicity, moral rights and rights of attribution in connection with such User Contributions and Submissions. Notwithstanding the foregoing, we are not required to use any User Contributions and Submissions and we have the absolute discretion to determine if we will use any User Contributions and Submissions on this Site.
You represent and warrant that you own or control all rights in and to the User Contributions and Submissions and have the right to grant the license granted above to us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns and that all of your User Contributions and Submissions do and will comply with these Terms of Use.
The content standards set forth in this section (the “Content Standards”) apply to any and all User Contributions and Submissions, your use of any interactive features of this Site (except and to the extent additional terms and conditions apply to the use of one or more interactive features) and to any links or hyperlinks to this Site or Content as described in the Linking to This Site and Certain Social Media Features section set forth in Section 7 above. User Contributions and Submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions and Submissions must not:
We do not undertake to review User Contributions or Submissions or other material before it is posted on this Site and cannot ensure prompt removal of objectionable material after it has been posted.
Accordingly, we do not represent or guarantee the truthfulness, accuracy or reliability of any information or material posted, uploaded, input or submitted to this Site by us or any users, and we do not endorse any statements, representations or opinions expressed, posted, uploaded, input or submitted to this Site by users. Any user’s reliance on information or material posted, uploaded, input or submitted to this Site by other users shall be at user’s own risk. We assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party.
If notified by a user of information or material posted, uploaded, input or submitted to this Site allegedly in violation of these Terms of Use, we may investigate the allegation and determine in good faith and our sole discretion whether to remove such information or material.
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through this Site.
YOU WAIVE AND AGREE TO HOLD US AND OUR THIRD-PARTY BUSINESS PARTNERS AND LICENSORS AND EACH OF OUR AND THEIR RESPECTIVE SUBSIDIARIES, AFFILIATES, LICENSEES, OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS HARMLESS FROM, AND INDEMNIFY US AGAINST, ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section.
We reserve the right to modify or terminate your access to this Site (or portions of this Site) at any time, temporarily or permanently, with or without notice to you. From time to time, we may restrict access to some parts of this Site, or the entire Site, to users, including registered users, or charge fees for access to portions of this Site without notice or liability. We will not be liable if for any reason all or any part of this Site is unavailable at any time or for any period. You acknowledge and agree that we will not be liable to you or any third party in the event that we exercise our right to modify or terminate access to this Site or portions of this Site.
We may change these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to, and use of, this Site thereafter.
Your continued use of this Site following the posting of any updates or changes to these Terms of Use constitutes your acceptance of such changes. If you object to any provisions of these Terms of Use or any subsequent modifications to these Terms of Use, your only recourse is to immediately terminate use of this Site.
As a convenience to you, this Site may provide links to websites and access to material, products and services of third parties, including without limitation, our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns with which our connection consists of only a hyperlink, including links contained in advertisements, including banner advertisements and sponsored links (“Linked Sites”).
We do not author, edit or monitor these Linked Sites. We have no control over the contents of those Linked Sites and accept no responsibility for them or for any loss or damage that may arise from your use of them or in your dealings with any third parties found on or through this Site. The inclusion of any link on this Site does not imply endorsement of the Linked Sites by us or vice versa.
You bear all risk associated with the use of such Linked Sites, third-party services and your correspondence or business dealings with advertisers found on or through this Site. If you decide to access Linked Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. You should refer to the separate terms of use, privacy policies and other rules posted on the Linked Sites before you use them.
This Site may include content provided by third parties, including Content, User Contributions and Submissions and other information and materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services (“Third-Party Content”). All statements and/or opinions expressed in such Third-Party Content and all articles and responses to questions and other content relating to any such Third-Party Content are solely the opinions and the responsibility of the person or entity providing those materials. Third-Party Content does not necessarily reflect our opinion. In addition, we do not warrant the accuracy, completeness or usefulness of any Third-Party Content made available on or through this Site. Any reliance you place on such Third-Party Content is strictly at your own risk. We are not responsible or liable to you or any third party, for the Content or accuracy of any Third-Party Content. We disclaim all liability and responsibility arising from any reliance placed on such Third-Party Content by you or any other visitor to this Site or by anyone who may be informed of any of such Third-Party Content.
Our goal is to provide complete, accurate, up-to-date information on our Site. Unfortunately, it is not possible to ensure that any website is completely free of human or technological errors. This Site may contain typographical mistakes, inaccuracies or omissions, and some information may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice.
This Site contains forward-looking statements based on beliefs of our management. When used in this Site, words such as “anticipate,” “believe,” “estimate,” “expect,” “intend,” “plan” and “project” are intended to identify forward-looking statements. These forward-looking statements may involve risks and uncertainties, including technological advances in the medical field, product demand and market acceptance, the impact of recently enacted and possible future healthcare reforms, the impact of competitive products and pricing, foreign currency exchange rates and other risks. These forward-looking statements reflect our views as of the date made with respect to future events and are subject to risks and uncertainties. All of these forward-looking statements are based on estimates and assumptions made by management of the Company and are believed to be reasonable, though are inherently uncertain and difficult to predict. Actual results or experience could differ materially from the forward-looking statements. Reports filed by our parent, Fresenius Medical Care AG & Co. KGaA, with the U.S. Securities and Exchange Commission discuss the risks, uncertainties and other factors that could cause actual results or experience to differ from these forward-looking statements. The Company disclaims any intention or obligation to update these forward-looking statements.
Nothing on this Site constitutes investment advice, including any of the above-referenced filings with the Securities and Exchange Commission. Any stock prices provided by, or accessible through or on, this Site are not official market quotations and are not to be considered a substitute for obtaining pricing information from official sources.
You understand that we cannot and do not guarantee or warrant that files available for downloading from the Internet or this Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to our site for any reconstruction of the lost data.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THIS SITE AND ALL CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS AND SERVICES PROVIDED ON THIS SITE ARE PROVIDED ON AN “AS IS, WHERE IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US MAKE ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THIS SITE.
WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED OR AFFILIATED WITH US REPRESENTS OR WARRANTS THAT: (A) THIS SITE WILL MEET YOUR REQUIREMENTS OR WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (B) THE CONTENT WILL BE UP-TO-DATE, COMPLETE, COMPREHENSIVE OR ACCURATE; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THIS SITE OR ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OFFERED THROUGH THIS SITE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY CONTENT, MATERIALS, INFORMATION, PRODUCTS, ITEMS OR SERVICES OBTAINED BY YOU THROUGH THIS SITE WILL MEET YOUR EXPECTATIONS; OR (E) THAT DEFECTS, IF ANY, WILL BE CORRECTED.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
IN NO EVENT SHALL WE OR ANY OF OUR THIRD-PARTY BUSINESS PARTNERS, LICENSORS, SUBSIDIARIES OR AFFILIATES AND EACH OF OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, SUPPLIERS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE, OR INABILITY TO ACCESS OR USE, THIS SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THIS SITE OR SUCH OTHER WEBSITES OR ANY PRODUCTS OR SERVICES OR ITEMS OBTAINED THROUGH THIS SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE (INCLUDING NEGLIGENCE AND STRICT LIABILITY), EVEN IF FORESEEABLE OR IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OR EXCLUSIONS OF LIABILITY IN SOME CIRCUMSTANCES. CONSEQUENTLY, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
You agree to indemnify, defend and hold us and our third-party business partners and licensors and each of our and their respective subsidiaries, affiliates, licensees, successors and assigns and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns harmless from any claim, demand, liability, dispute, damage, cost, expense or loss, including attorneys’ fees and costs of litigation, arising out of or in any way related to your violation of these Terms of Use or your access or use of this Site, the Content or any User Contributions and Submissions (including any use or access by your employees or agents), your violation of these Terms of Use or your violation of any rights of another.
All matters relating to this Site and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including noncontractual disputes or claims), shall be governed by and construed in accordance with Hong Kong laws.
Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or this Site shall be instituted exclusively in the courts of the Hong Kong, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state, province and/or country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
This Site is available worldwide to anyone with Internet access. We are based in Hong Kong. We make no claims that this Site or any of its content is accessible or appropriate outside of Hong Kong. Access to this Site may not be legal by certain persons or in certain countries. If you access this Site from outside Hong Kong, you do so on your own initiative and are responsible for compliance with local laws. We make no representation that this Site, or any of the Content, is appropriate or available for use in locations outside of Hong Kong.
Translations on this Site are provided for convenience only. The English version of these Terms of Use and the Website Privacy Policy shall apply. Our Website Privacy Policy and Terms of Use are to be governed by and shall be construed in accordance with the laws of Hong Kong.
You acknowledge that you have read and understood these Terms of Use and our Website Privacy Policy and that these Terms of Use and our Website Privacy Policy have the same force and effect as a signed agreement.
The Terms of Use and Website Privacy Policy constitute the sole and entire agreement between you and us with respect to this Site and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to this Site.
Our failure to act with respect to a breach by any user of this Site does not constitute a waiver of our right to act with respect to subsequent or similar breaches. No waiver by us of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
In the event that any provision of these Terms of Use is invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible and the remainder of these Terms of Use will remain in full force and effect.
If you have any questions about these Terms of Use, our practices or your dealings with this Site, please contact us by sending us an email stating your request to freseniuskidneycare@fmc-asia.com