1. Introduction

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. YOUR ACCESS AND USE OF THE SITE REFLECTS YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS, AND AGREEMENT TO ABIDE BY ALL APPLICABLE LAWS AND REGULATIONS.

The following terms and conditions (“Terms and Conditions”) apply to the website for the Accu-Chek Membership Program (the “Program”) delivered by Roche Diagnostics (M) Sdn Bhd and its affiliates (“Roche”) (the “Site”). The Site is intended and available for Site visitors residing in Malaysia only (“You” or “Your”). Whenever you submit information to this Site, you consent to the collection, processing, use and disclosure of that information in accordance with these Terms and Conditions. You warrant that all information provided by you is accurate and up-to-date. If you disagree with any of these Terms and Conditions, your sole remedy is to immediately discontinue accessing and/or using the Site. Any violation or attempt to violate any of these Terms and Conditions will result in the immediate cessation of your access and use to the Site.

2. Personal Data Protection

You agree and accept any terms, conditions, and privacy notices, policies, or statements relating to your use of the Site. Roche is not liable for any conduct and/or omission of Roche’s subcontractors and/or any other party.

3. Representations and Warranties

You represent and warrant that you:

(a) assume all risks and liabilities of any kind arising in connection with and/or resulting from your use of the Site and reliance on the information available therein;

(b) have the legal authority to use the Site in accordance with these Terms and Conditions, and to fully perform your obligations hereunder; and

(c) possess all consents required under any applicable laws and regulations, regarding the provision of any information to be provided by you, and shall adhere to any applicable laws and regulations regarding the provision of such information.

While Roche makes efforts to include accurate and up-to-date information, Roche makes no representations or warranties, express or implied, as to the accuracy or completeness of the content provided on the Site and disclaims any liability for the use of the Site or any site linked to it. THE SITE AND ITS CONTENTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR GENERAL INFORMATION ONLY. ROCHE EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. ROCHE MAKES NO WARRANTY THAT THE SITE AND/OR THE CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE USE THEREOF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. DO NOT RELY ON THE SITE AND ITS CONTENTS FOR DIAGNOSIS, MEDICAL TREATMENT, DISEASE PREVENTION, MARKETING AND PROMOTIONS, AND/OR ANY PURPOSES OTHER THAN GENERAL INFORMATION.

The Site might contain links to third party websites, services, or resources (collectively, "Third Party Sites"). Such Third Party Sites are not under Roche’s control and we make no warranty or representation regarding any material or information in such Third Party Sites or any of the products or services described or offered thereon, nor do we endorse or accept any responsibility for the information, material, products or services offered on such Third Party Sites. Roche provides these Third Party Sites only as a convenience to you. You use all Third Party Sites at their own risk. Roche shall not be responsible or liable, directly or indirectly, for any damage or loss whatsoever caused, or alleged to be caused, by or in connection with your use of or reliance on Third Party Sites. When you link to a Third Party Site, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation that you feel is necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites. 

4. Limitation on Liability

IN NO EVENT SHALL ROCHE (AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT, PURE ECONOMIC LOSS, OR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO YOUR, OR ANY OTHER PARTY’S ACCESS, USE OF, OR INABILITY TO USE, THE SITE OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, EVEN IF ROCHE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE THEREFOR. ROCHE’S TOTAL AND CUMULATIVE LIABILITY UNDER THE TERMS AND CONDITIONS SHALL NOT EXCEED SINGAPORE DOLLARS TEN THOUSAND DOLLARS ONLY. THE LIABILITY OF ROCHE AND ITS AFFILIATES IS SEVERAL BUT NOT JOINT.

5. Restrictions on Use

You may only access and use the Site to enroll in the Program, and to apply for coupons for Roche products under the Accu-Chek brand (including meters and test strips), and for no other purpose.

Your use of the Site is conditional upon you completing the registration process for the Site. You are solely responsible for the confidentiality and security of your user details. You shall notify Roche if there is any unauthorised use or disclosure of your user details. At any time, and without incurring any liability, Roche may suspend or terminate your access and use of the Site in Roche’s sole discretion.

You shall not (a) violate any Terms and Conditions, (b) infringe any intellectual property rights, (c) make any false and/or misleading statements, (d) post any abusive or offensive content on the Site, and/or (e) perform any act or omission that could negatively impact the Site’s operations, networks, and systems, and/or Roche’s reputation. You must not copy, reproduce, distribute, transmit, display, perform, publish, license, modify, translate, adapt, create derivative works from, transfer, sell or otherwise exploit the Site or any content, information, software, products or services obtained from the Site, for any commercial purpose or enterprise, without Roche’s prior written permission. You must comply with all applicable laws and regulations in your access and use of the Site.

6. Intellectual Property

Roche is the owner of all intellectual property rights within the Site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. All text, graphics, interfaces, code, materials and artwork appearing on the Site, including the look and feel, selection and arrangement, design and organization of the Site, and the compilation of the content, code, data and materials on the Site, are the proprietary copyrighted work of Roche (or are used by Roche with appropriate permissions of any third party proprietors thereof) and are protected by copyright laws. Except as otherwise expressly stated, nothing contained herein shall be construed by implication, estoppel or otherwise to convey or grant any licence or right under any copyright, patent, or trade mark of Roche or any third party. Unless otherwise indicated on the Site, displayed trade marks, corporate logos, services marks, trade names, and emblems (collectively, the “Marks”) are subject to the trademark rights of, and are proprietary to, Roche and their respective licensors. These Terms do not grant any licence to use the Marks.

7. Indemnification

You shall indemnify, defend and hold harmless Roche, its affiliates, officers, directors, employees, subcontractors and agents from and against all losses, expenses, claims, damages and costs, including reasonable attorneys' fees, resulting from your use of, and/or your transmission of any message, content, information or other materials on or through the Site, your breach or violation of the law and regulations, your violation of any third party right, your violation of these Terms and Conditions, or any activity otherwise related to the your use of the Site, including negligent or wrongful conduct.

8. Severability

If any of these Terms and Conditions of use should be determined to be illegal, invalid or otherwise unenforceable, to the extent that term or condition is illegal, invalid or unenforceable it shall be severed and deleted. The remaining terms and conditions shall survive and remain in full force and effect.

9. No Waiver

No failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions of use or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.

10. Governing law and Dispute Resolution

The Terms and Conditions are governed and interpreted according to the laws of Malaysia. Any dispute, controversy or claim arising out of or relating to the Terms and Conditions, or the breach, termination or invalidity thereof, shall be settled by arbitration in Malaysia in accordance with the Kuala Lumpur Regional Centre for Arbitration for the time being in force. The arbitration shall be administered by the Kuala Lumpur Regional Centre for Arbitration. The number of arbitrators shall be one. The language to be used in the arbitral proceedings shall be English. 

11. Entire Agreement

The Terms and Conditions are the entire understanding between the Parties with respect to the subject matter hereof. It supersedes and replaces all prior agreements. Roche reserves the right to amend the Terms and Conditions at its sole discretion, without obtaining your consent.