Website Terms and Conditions
General Conditions of Use of the Site https://makingdiabeteseasier.com/za
The access to and the use of the Site are subject to the legal provisions in force and to the following general terms and conditions of use (hereinafter the "General Terms and Conditions of Use"). By accessing and browsing this Site, the user accepts, without limitation or qualification, all of the Terms and Conditions of Use in their entirety and the user acknowledges that they prevail over any other agreement entered into with L’AIR LIQUIDE S.A.
1. Purpose of the Site and nature of the information disseminated on the Site
1.1 Vocation of the Site
The Site is published by L’AIR LIQUIDE S.A., a provider of products and services for patients with diabetes.
The Site, its features and the information on this Site are intended to provide information about diabetes, diabetes management and L’AIR LIQUIDE S.A..
The Site is intended for anyone interested in diabetes. Any person accessing the Site, regardless of his or her status (individual or professional), his or her location, the means of connection to the Site, the purpose and the finality of his or her access to the information published on the Site, will be referred to hereinafter as the "User".
1.2 Nature of the information published on the Site
All the information available on the Site is defined below by the "Contents".
The User is informed that the Contents are intended for persons residing in the United Kingdom; the information contained on this Site may not be appropriate outside of the United Kingdom since the regulations and medical practices may be different.
The Content offered by L’AIR LIQUIDE S.A. on the Site is varied in nature, such as, but not limited to, information about L’AIR LIQUIDE S.A., information relating to diabetes and/or diabetes management, or products and services offered by L’AIR LIQUIDE S.A., practical articles on the daily life of patients and caregivers, testimonials, files offered for free download and services subscribed to free of charge, such as the newsletter, product instructions for use, brochures.
L’AIR LIQUIDE S.A. takes the utmost care in preparing and making the Contents available.
The Contents available on the Site are regularly updated and the date of the last update is the one indicated on the home page. This Content may nevertheless require updating, which may not have been carried out at the date of consultation for technical or other reasons, or may have been altered. Except in cases where updates could not be made for technical reasons, L’AIR LIQUIDE S.A. makes every effort to update, correct or modify the Site as necessary. If necessary, L’AIR LIQUIDE S.A. as publisher of the Site, reserves the right to make withdrawals, modifications, corrections and/or improvements on the Contents at any time and without notice.
In general, the Contents proposed by L’AIR LIQUIDE S.A. are provided for information purposes only. While every effort has been made to ensure the reliability of the information contained on this Site, L’AIR LIQUIDE S.A. makes no warranties, express or implied, and assumes no responsibility for the completeness, accuracy or completeness of the content of the information, products and services offered on the Site or for the use of the information accessible on the Site.
- The Contents of a medical nature available on the Site are in no way a substitute for a medical consultation, visit or medical diagnosis. Consequently, the User acknowledges that he or she is fully informed that the Content made available to him or her is neither complete nor exhaustive. Similarly, he acknowledges that the Contents :
- Do not give a medical opinion ;
- Do not provide a diagnosis;
- Do not substitute for a consultation or the recommendations of a health professional;
- Do not constitute a recommendation for the use of any medical product and/or treatment.
The User also acknowledges that the Contents do not in any way, directly or indirectly, constitute advertising for medical treatment.
L’AIR LIQUIDE S.A. is not in any way able to assess the state of health of the User, including through the data that the User has provided via the Site, and the User is responsible for any decision taken and any action implemented, based on the information entered or read on the Site.
Consequently, L’AIR LIQUIDE S.A. cannot be held liable for the Content of the Site, and the use of the Content of the Site is made under its sole and entire responsibility. The information presented on the Site is notably written by health professionals and may be written by different authors. It is subject to validation prior to publication on the Site by the editorial committee of L’AIR LIQUIDE S.A..
The Site is also likely to reproduce opinions formulated by experts.
This information constitutes only the opinion of the experts from whom it emanates and remains under their entire responsibility. L’AIR LIQUIDE S.A. will not modify or influence in any way whatsoever the content of the opinions of independent experts published on the Site and presented as such.
The presence of such opinions on the Site does not in any way imply that L’AIR LIQUIDE S.A. endorses, approves, validates, or guarantees the accuracy of such opinions.
2. Acceptance of the General Conditions of Use of the Site
The access and the use of the Site are subject to the legal provisions in force as well as to the General Conditions of Use that the User must have read before using the Site. By continuing to use the Site, the User declares and guarantees to have read the General Terms of Use and agrees to comply with them.
3. Conditions of access to the Site
The Site includes a space accessible to any User without prior identification (hereinafter referred to as the "Public Space") whose purpose is to provide information on diabetes, the management of this disease, the care of the patient with diabetes and the company L’AIR LIQUIDE S.A.. The User also has access to documents offered for free download.
Use of the Site is free of charge. It requires a connection and a recent internet browser and computer equipment of reasonable performance. L’AIR LIQUIDE S.A. reserves the right to terminate, modify, suspend, restrict or interrupt access to all or part of the Public Area of the Site, including the content, features or hours of availability without notice or compensation.
This space offers to subscribe to the Site's communications. In accordance with the applicable regulations on the protection of personal data, the user can unsubscribe from these Newsletters at any time by using the unsubscription link at the bottom of each Newsletter sent.
Special mention for minor Users :
The access and the use of the Site by a minor should be under the supervision of parents, guardians or persons in charge of them. Parents, guardians or persons in charge of parental authority are responsible for the actions of such minors, whose use of the cell phone (or touch tablet) or computer is under their control. The connection and use of the Site is presumed to be carried out by an adult or under the supervision of a person with parental authority, tutor or person in charge of the minor. The responsibility of L’AIR LIQUIDE S.A. shall not be engaged for any misuse of the Site and/or for any misinformation in the Site.
4. Ownership of Accessible Content
All elements of the Site, including but not limited to text, graphics, sound and audiovisual elements, its configurations, displays and screens, and more generally all information appearing on or displayed by L’AIR LIQUIDE S.A. in connection with or contained on this Site are protected by applicable intellectual property laws.
L’AIR LIQUIDE S.A. and/or third party content providers remain the sole owners of such materials and reserve and retain all proprietary rights thereto, including the rights of reproduction of such materials. The trademarks, trade names, logos and other indications of origin displayed on the Site, and in particular the domain name www.makingdiabeteseasier.com/za, are trademarks of L’AIR LIQUIDE S.A. or of third parties having granted it the right to use them on the Site.
Consequently, these General Terms of Use may not be interpreted as granting the User any license or right to use any of the trademarks appearing on the Site without the prior written authorization of L’AIR LIQUIDE S.A. or the aforementioned third parties. Similarly, the User does not acquire any of the above-mentioned property rights by printing or downloading any information or software or by making use of the functionalities of this Site.
5. License of use
L’AIR LIQUIDE S.A. offers Users access to its Site on the basis of (and in reliance upon) their acceptance of these Terms and Conditions of Use.
To this end, L’AIR LIQUIDE S.A. grants Users a non-exclusive and non-transferable license to access, download and use the Site for private use only.
L’AIR LIQUIDE S.A. reserves the right to add, delete or modify all or part of the Content of the Site at any time or to terminate this license.
All Content available on the Site may be downloaded, reproduced or printed subject to :
- Use this information only for private or internal needs and in no way for commercial purposes ;
- Not to transfer them, in any form whatsoever, to third parties;
- Not to modify them;
- Reproduce on all copies the copyright notice of L’AIR LIQUIDE S.A..
Any other use of the information accessible on the Site that is not expressly authorized is strictly prohibited, except with the prior written authorization of L’AIR LIQUIDE S.A..
6. Warranty and Liability Limitations
a. Principles
The responsibility of L’AIR LIQUIDE S.A., nor of any persons involved in the realization, the development or the diffusion of the Site including its information suppliers or partners could not be sought for the use that the User makes of the information, products and services available or proposed on the Site and/or at the time of its navigation.
L’AIR LIQUIDE S.A. may modify, at any time and without notice, the content of the Site, which the User acknowledges and accepts by continuing to use the Site. Even though all the necessary steps to ensure the reliability of the information contained on the Site have been taken, L’AIR LIQUIDE S.A. makes no warranty, express or implied, and assumes no responsibility for the completeness, exhaustiveness or accuracy of the content of the information, products and services offered by the Site or for the use of the information accessible on the Site.
With the exception of personal data for which L’AIR LIQUIDE S.A. undertakes to take all appropriate measures to ensure that data which is inaccurate or incomplete in relation to the purposes for which it is collected and processed is erased or rectified, L’AIR LIQUIDE S.A. cannot be held responsible for the accuracy, errors or omissions contained in the Site in any capacity whatsoever, for any decision whatsoever, and in particular for any medical decision which is the responsibility of the professional responsible for monitoring the health of the User.
b. Security
The User acknowledges that, notwithstanding all the means implemented by L’AIR LIQUIDE S.A., the Internet presents technical specificities that imply the impossibility of guaranteeing absolute continuity of access to the Site and response times, as well as security in the transmission of data.
Consequently, the User agrees to use the Site at his or her own risk and acknowledges that the information and services offered on the Site may be interrupted due to force majeure, situations beyond L’AIR LIQUIDE S.A. control or due to events beyond L’AIR LIQUIDE S.A. control, may contain errors of a technical or human nature, can lead to occasional data loss.
Neither L’AIR LIQUIDE S.A., nor any persons involved in the realization, development or distribution of the Site, including its information providers, can be held liable for damages resulting from viruses, bugs or any program or application incompatible with the User's infrastructure, nor for damages suffered by the User as a result of a breakdown, interruption or error, evolution, repair, control, maintenance, technical problem, interruption of the telephone network or related networks or services, overload, negligence or fault of third parties or the User.
Neither L’AIR LIQUIDE S.A. nor any persons involved in the realization, development or distribution of the Site, including its information providers, can be held responsible for any material or immaterial, direct or indirect damage resulting from the use of the Site or from the impossibility of using the Site or from the dependence of a User on the products, services or information available on the Site, even if L’AIR LIQUIDE S.A. has been informed of it.
All limitations of liability regarding any type of direct or indirect damage, including loss of data, loss of profits, loss of customers, loss of orders, loss of image or brand, loss of opportunity, business interruption, or any other commercial prejudice.
7. Hypertext links
a. Links to Third Party Sites
The Site contains links allowing direct access to other third party websites. L’AIR LIQUIDE S.A. cannot assume any responsibility for the content and the use that would be made by the User or third parties of this information available on other websites to which it has created links or which could have been created without its knowledge whether or not these sites are partners of L’AIR LIQUIDE S.A.. L’AIR LIQUIDE S.A. has no editorial control over this information.
The links proposed from the Site in no way imply the granting of any license whatsoever on the rights held by L’AIR LIQUIDE S.A. on the trademarks, trade names, logos and other elements of the Site. Finally, L’AIR LIQUIDE S.A. declines all responsibility for any technical failures in connection with these links. Access to all third party sites via the Site is made under the sole and entire responsibility of the User, who is invited to examine the rules applicable to the use of these third party sites and to the disclosure of information that he or she may have communicated on these linked sites.
b. Links to the Site
The Site may be accessible via a third party website that links to the Site. However, the implementation of a link to the Site requires the express prior authorization of L’AIR LIQUIDE S.A.. L’AIR LIQUIDE S.A. disclaims any responsibility for any information contained on such third party sites that contain links to the Site.
Subject to the prior agreement of L’AIR LIQUIDE S.A., the link to the Site must comply with the following rules:
A link to the Site must not damage or tarnish the reputation of the trademarks and/or infringe the intellectual property rights of L’AIR LIQUIDE S.A., nor give the false impression that the website containing the link and/or the organization or person providing the link is sponsored, supported and/or affiliated with L’AIR LIQUIDE S.A..
You may not frame all or part of the Site in any frame or other web page, or infringe upon the intellectual property rights of L’AIR LIQUIDE S.A. in connection with the Site or otherwise alter its Content in any way.
No link to the Site may be established from another site whose content is illegal, abusive, indecent or obscene, which advocates violence or illegal acts, which contains racist, defamatory, libelous, or otherwise objectionable or inappropriate language, as determined by L’AIR LIQUIDE S.A. in its sole discretion.
L’AIR LIQUIDE S.A. reserves the right, in its sole discretion, to request the removal of any link to all or part of the Site, for any reason or without any requirement for justification.
8. General Provisions
L’AIR LIQUIDE S.A. reserves the right to modify the provisions of these Terms of Use. By continuing to use the Site and to browse the Site, the User agrees to any such modifications.
These Terms and Conditions of Use constitute the entire agreement between the User and L’AIR LIQUIDE S.A. with respect to the User's access to and use of this Site.
These Terms and Conditions of Use are governed by English law. The courts of England shall have exclusive jurisdiction over any claim arising out of access to and use of the Site
