END USER LICENCE AGREEMENT AND TERMS OF USE 

Version Date: [●] [November 2023] 

Welcome to the Sibionics CGM Website (https://www.sibionicscgm.com). This website is controlled and operated by SiBio Technology Limited (referred to as “Sibionics” or “we” or “us”, including its subsidiaries and affiliates).This document is a legally binding agreement between you and us, which governs your use of this website and related products and services, including any content or information provided as part of this website or such related products, services (collectively, the “Services”). Please read this End User Licence Agreement and Terms of Use (this “Agreement” or the “End User Licence Agreement and Terms of Use”) carefully before accepting it and using the Services. By clicking “Register” or continuing to use the Services without registration to the extent available, you consent to and agree that this Agreement shall apply to your use of the Services. If you do not agree to these terms, please do not click “Register” and do not use the Services. The Services are intended for adults (aged 18 or above) only. If you are a minor (we define “minors” as persons younger than age 18), please immediately stop using the Services. 

GENERAL

The terms under this Agreement only apply to the Services and do not apply to any other Sibionics products and services, or to any other third-party websites, applications, plug-ins, information, content, products and/or services linked in the Services. Please read this Agreement carefully before using the Services.

 

Without prejudice to your rights under applicable law, we reserve the right to amend the terms of this Agreement (including, without limitation, to reflect technological or functional advancements, legal and regulatory changes or good business practices). If we amend the terms under this Agreement, we will notify you about changes by way of push notification, pop-up notice or other means according to applicable local laws.  

 

• If you are a registered user located in the EU: By clicking “Agree” and continuing to use the Services after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of the terms under this Agreement, particularly those provisions that restrict or exempt liabilities.

 

For German registered users, we will inform you of any modifications and additional terms and conditions by email and provide you with a period of two months to object against such modified terms of this Agreement in writing or by email. You are deemed to have accepted any modifications if you do not explicitly object within the period of two months. We will inform you with the information together with the modifications about the consequences of not objecting in writing during the period as per the preceding sentence. Modifications to these terms will apply from the time specified in the information about the modifications. In case this is not communicated, any change will apply from the point in time of information about the modifications and the lapse of the period of two months without you objecting to the modifications. If you object to the modifications, you will be deemed as to terminate these terms.

 

• For all other users:By continuing to use the Services after a change to any relevant terms, you confirm that you have carefully read, fully understood and consented to each provision of the terms under this Agreement, particularly those provisions that restrict or exempt liabilities.

DISCLAIMERS 

We will take reasonable care to ensure that the information and content provided by the Services is accurate, complete, up to date, available and does not infringe any third party rights. However, we do not guarantee that this is always the case. The Services are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, we hereby disclaim all representations and warranties relating to the information and content on the Services, whether express or implied, created by law, contract or otherwise, including, without limitation, any warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights. We do not warrant that this website is secure, error or defect-free (including but not limited to the completeness, accuracy or reliability of any data or information displayed), or that this website is free of viruses or other potentially harmful components. There may be interruption, delay or malfunction of or inability to use the Services due to internet connectivity issues.

The information and content on the Services do not constitute medical advice. You are advised to consult your healthcare professionals for advice before you make any decisions relating to your treatment or care. To the maximum extent permitted by applicable law, we hereby disclaim all liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with use of the Services or any treatment or care decisions which you make, except in the case of death or personal injury resulting from our negligence. 

We are not responsible, and provide no warranty whatsoever, for the accuracy, effectiveness, timeliness and suitability of any information or content obtained from third parties, including any third-party application(s) (whether or not linked or referred to in the Services). 

YOUR USE 

You acknowledge that, before you start the registration procedure and use our Services, you shall have the civil capacity to comply with your behaviour as prescribed by the laws of the jurisdiction which you reside. If you do not have the aforesaid civil capacity to comply with your behaviour, you and your guardian shall bear the liability for any expenses arising therefrom in accordance with the law.

 

You shall also ensure that you are not the subject of trade restrictions, economic sanctions or other laws and regulations implemented by any country, region or international organisation, nor shall you directly or indirectly provide funds, goods or services to such subject. Otherwise, you shall cease to use our Services. In the meantime, you understand that any violation of the foregoing requirements may result in inability to register and use our Services normally.

 

After you fill in the information according to the instructions on the registration page, read and agree to this Agreement, and complete all the registration procedures, you can create an account (Account) on this website and become a registered user of our website. You are responsible for keeping your Account username and password secure and confidential. If you find out or suspect that your Account has been accessed by other party without your authorisation, please notify us immediately.

 

By using the Services, you agree to the following: 

 

• you shall only access and use the Services for personal, private and non-commercial purposes;

 

• you must not, and must not aid or assist any person to, access or use the Services for any commercial, unlawful or illegal purpose;

 

• you must not disrupt, amend or intercept information posted on the Services or on any of our servers (where relevant); 

 

• you must at all times when accessing and using the Services, comply with all applicable laws, rules, regulations, policies and other requirements prescribed by any applicable regulatory authority or law enforcement body;

 

• you must not, and must not aid or assist any person to, copy, modify, reverse engineer, disassemble, decompile, dismantle, attempt to export the source code, decode, and do other acts that analyse or replicate the source code, structure and concept of any of this website or its component parts;

 

• you must not use any automated process or service (such as a bot, a spider, or periodic caching of information) to access or use the Services, or to copy or scrape data from the Services;

 

• you must not otherwise use the Services in any manner that exceeds the scope of use granted to you in this Agreement;

 

• you must not use unauthorised software or hardware to access the Services or modify the Services in any unauthorised way (for example through unauthorised repairs, unauthorised upgrades or unauthorised downloads);

 

• all information (including personal data) that you provide to us are true, accurate and complete at the time provided, and you shall promptly notify us in the event of any change to such information; and

 

• you must not attempt to circumvent, or circumvent, any security features of this website.

 

OUR SERVICES

 

• Browse and subscribe our products: Our Services allow you create an Account to browse and subscribe our products.

 

• Purchase our products: When you purchase products on this website, please be sure to carefully confirm the name, price, quantity, model, specification, size of the products you purchased or the time, content, restrictive requirements and other important matters of the products you purchased and verify your contact address, telephone number, receiver, payment information and other information at the time of placing an order.If the consignee specified by you is not you, you shall be liable for all legal consequences arising from the acts and declarations of intentions of such consignee.

 

• Client service: You may from time to time identify problems, seek solutions to identified problems, provide suggestions, comments or other feedback related to our Services. You acknowledge and agree that we will use your contact information to connect with you, in order to help and service for you.

 

• Promotional programs. We may host free trial program or other promotional programs on our website from time to time. Such programs may be subject to other terms and conditions in addition to this End User Licence Agreement and Terms of Use, which we will inform you and seek your explicit consent separately.  

 

• Marketing message: We will use a third-party services provider to process your data, including sending marketing messages to your email or mobile. We will seek your explicit opt-in before sending you such marketing communications, and you may at any time choose not to receive marketing communications from us by clicking on the unsubscribe link included in the email or the text.

 

AVAILABILITY 

We will use reasonable efforts to make the Services available 24 hours a day, 7 days a week. However, we cannot guarantee this and take no responsibility for any loss or damage that occurs due to an interruption of access to the Services. The Services may be interrupted for maintenance or other reasons, but we will endeavour to provide reasonable notice of any planned events. 

 

We may update, remove or change certain features and functionalities of the Services from time to time. Your enjoyment of the Services may depend on your device and the operating system you use meeting the system and compatibility requirements that we establish from time to time, the region you are located in or as required by applicable law from time to time. To use the Services, you may require compatible hardware and software (and from time to time, this may require you to download and install the latest versions of such software). Internet connectivity is also required.

INTELLECTUAL PROPERTY 

For the purposes below, “Intellectual Property Rights” means rights including but not limited to copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind (whether or not registered and anywhere in the world).

 

All Intellectual Property Rights in or relating to the Services (including the information, content and graphics published on this website) are owned by, or licensed to, us. We grant to you a limited, revocable, non-transferrable and non-exclusive licence to use the Services on any compatible device, provided that: (i) the above intellectual property acknowledgement appears on all copies; (ii) use of the information is for informational, non-commercial healthcare or personal use only; (iii) the information is not modified in any way; and (iv) no graphics available from the Services are used separate from the accompanying text. For all other uses of the information or any Sibionics trademark, trade names or trade dress, our prior written authorisation is required. 

We are not responsible for content provided by third-party providers and you are prohibited from distribution of such material without the permission of the owner of the intellectual property therein. 

Except as permitted above, no licence or right, express or implied, is granted to any person over any Intellectual Property Rights of Sibionics. You must not rent, lease, lend, sell, redistribute, sub-license, publicly display or in any other way commercial exploit any part of the Services.

PRIVACY AND SECURITY 

We are committed to safeguarding your privacy. Personal information which we collect or that we otherwise obtain in connection with your use of the Services is handled in accordance with our Privacy Policy.

It is your responsibility to ensure that the device used to access the Services is adequately secured and protected against malicious software or access by unauthorised persons. To the maximum extent permitted by applicable law, Sibionics shall not be liable for any direct, indirect, special, incidental, or consequential damages (including lost profits, whether arising directly or indirectly) suffered by any person as a result of interception or unauthorized access to their personal data. 

LIMITATION OF LIABILITY 

Except in the case of death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation or damages caused by wilful misconduct or gross negligence, we, our agents or subcontractors, our and their respective directors, employees and agents hereby disclaim, to the maximum extent permitted by applicable law, liability for any loss or damage which may be suffered by any person, whether suffered directly, indirectly, immediately or consequentially, and whether arising in contract, tort (including negligence) or otherwise which arises out of, or in connection with: (i) use of, or inability to use, the Services; (ii) use of information or content on the Services; (iii) any services provided on or through the Services; and (iv) interception or unauthorized access to personal information submitted to the Services, including, without limitation, the following categories of loss or damage, whether or not Sibionics has been advised of the possibility of such loss or damage: (a) loss or corruption of data; (b) loss of profits; (c) loss of anticipated savings; (d) loss of business opportunity;(e) loss of goodwill; (f) loss of reputation; and (g) special damage. 

 

To the extent permitted by applicable law and subject to the above, in the event that we incur any liability in connection with the terms in this Agreement, the operation of the Services and such liability is not otherwise limited or excluded by these terms, our liability will be limited to reasonably foreseeable damages.

 

Our overall and aggregate liability to you in connection with your use of the Services will be limited to (where relevant) the purchase value of the relevant Sibionics product or service in connection with the Services, or an equivalent sum in the currency of the country in which you are based.

 

If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a reasonably foreseeable result of our breach of these terms or our failure to use reasonable care and skill, but we will not be liable for any losses that are not reasonably foreseeable. Loss or damage is reasonably foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both of us knew it might happen.

 

You will indemnify and keep indemnified us, our officers, employees, agents, licensors or other third-party providers from and against all losses and liabilities for which any of them may become liable and against all actions, suits, proceedings, claims or demands of any nature whatsoever which may be asserted, taken or made against any of them, or which any of them may incur or which may arise directly or indirectly in connection with your breach of law, your breach of these terms or any acts or omissions you commit in using the Services that are not permitted by these terms. This means that you will be liable to reimburse us on a dollar-for-dollar basis for losses and liabilities that we suffer because of your use or misuse of the Services (even if you did not authorise that use or misuse).

HOW CAN THIS AGREEMENT BE TERMINATED 

This Agreement is effective upon your acceptance of this Agreement by clicking “Register” or as otherwise provided in this Agreement, and shall continue unless it is terminated. You may disconnect or stop using the  Sibionics CGM Website at any time. 

This Agreement will terminate immediately and without additional notice in the event that you breach, and/or fail to comply with, any term or condition of this Agreement. Sibionics may also terminate or suspend this Agreement at any time and without prior notice, for any or no reason, including if Sibionics believes that you have violated or acted inconsistently with the letter or spirit of this Agreement. We reserve the right to ask you to immediately stop or rectify the unlawful use, or, should the unlawful use and/or violation continue, we are entitled to respond and to take any lawful measures that we consider necessary (including terminating your access to the Services).   

GOVERNING LAW 

This End User Licence Agreement and Terms of Use shall be governed by and construed in accordance with the laws of the People's Republic of China. Any dispute arising under this End User Licence Agreement and Terms of Use shall be subject to the exclusive jurisdiction of the courts of the People’s Republic of China. 

 

If you are a citizen of any European Union country, after prior written request to us, you may also submit any claims on the dispute resolution platform put online by the European Commission at the following address: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint_en. The European Commission will transfer your claim to the notified competent national mediators.

MISCELLANEOUS

 

You agree that these End User Licence Agreement and Terms of Use (and any updates thereof) describe the entire agreement between us with respect to the Services, and any and all other written or oral agreements or understandings previously existing between you and us with respect to such use are hereby superseded and cancelled.

 

If any of the provisions of the terms under this Agreement are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these terms, so that these shall remain in full force and effect.

HOW DO I REQUEST FOR SUPPORT OR MAKE A COMPLAINT? 

If you have any questions about this Agreement or the Services in general, please do not hesitate to contact us. 

 

• Email us at: support@sibionics.com