Merete Technologies, Inc.
Dated: July 1, 2018
Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the http://www.mereteusa.com/ website (the “Service”) operated by Merete Technologies, Inc. (“us”, “we”, or “our”).
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have permission to access the Service.
Intellectual Property
The Service and its original content, features and functionality are and will remain the exclusive property of Merete Technologies, Inc. and its affiliates. The Service is protected by copyright, trademark, and other laws of the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Merete Technologies, Inc.
Termination
We may terminate or suspend your access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including, but not limited to, a breach of the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
Indemnification
By accepting our Terms, you agree to defend, indemnify and hold harmless Merete Technologies, Inc., its subsidiaries, affiliates, service providers, licensees and licensors, and its/their employees, contractors, agents, suppliers, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorneys’ fees), resulting from or arising out of a) your use and access of the Service, or b) a breach of these Terms.
Limitation Of Liability
Merete Technologies, Inc., its subsidiaries, affiliates, service providers, licensees and licensors, and its/their employees, contractors, agents, suppliers, officers and directors shall not be liable for any direct, indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, or loss of data, loss of use, loss of goodwill, or any other intangible losses, resulting from or arising out of or relating to (i) your access to, or use of, or inability to access or use any of the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from or arising out of or relating to the Service; and (iv) any unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage or otherwise, and even if a remedy set forth herein is found to have failed of its essential or other purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. THE SERVICE IS PROVIDED BY MERETE TECHNOLOGIES, INC. WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES RELATED OR CONCERNING ACCURACY, COMPLETENESS MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, PERFORMANCE OR COURSE OF PERFORMANCE.
Merete Technologies, Inc., its subsidiaries, affiliates, and its licensors do not represent or warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors, defects or failure of the Service will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet or satisfy your requirements or expectations.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or representations or the exclusion or limitation of liability for consequential or incidental damages or otherwise, so the limitations above may not apply, or may not fully apply, to you.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Delaware, United States of America, without regard to its conflict of laws provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of any of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service, including any prior terms.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
Contact Us
If you have any questions about these Terms, please contact us at service@merete-medical.com.
Privacy Policy
Unlike the Terms and Conditions, a “Privacy Policy” is mandatory by law as businesses collect data that can be used to identify an individual/entity.
Privacy policies are basically agreements that specify what personal data a business collects from its users (even if a business does not collect personal data but only anonymous data, such data can also be classified as “personally identifiable information” if, when used in connection with another type of data, it can result in identifying an individual/entity).
Our understanding is that users of Merete’s website may choose provide personal information though it is not an obligation, and that the company offers a “customer area” (to offer healthcare professionals detailed product information, surgical manuals and videos for download) which lets, but will no longer require, users to register and therefore to provide personal data.
Thus, we propose below a legal statement which Merete should make available to its users. Please note that this privacy policy goes beyond what the company previously had in place, notably to ensure that it is generally compliant, including with:
- California Assembly Bill AB 370 (CalOPPA), mandatory by law since January 1, 2014 (CalOPPA applies to businesses in the US or businesses with customers from California, USA); and
Regulation (EU) 2016/679 of the European Parliament and of the Council of April 27, 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data (GDPR), and repealing Directive 95/46/EC (General Data Protection Regulation) which came into effect on May 28, 2018 (GDPR applies to all businesses with customers from Europe). GDPR requires clear consent and justification for any personal data collected from users. However, there is still uncertainty over how EU regulators will treat the requirements. For example, there is currently a lawsuit against Facebook and Google about the way these companies obtain consent for the privacy policies, asking users to check a box in order to access services. This method is a widespread or common practice for online services, but the complainants argue that it forces users into an all-or-nothing choice, a violation of the GDPR’s provisions around particularized consent.1
1 “GDPR: noyb.eu filed four complaints over “forced consent” against Google, Instagram, WhatsApp and Facebook” May 25, 2018 (https://noyb.eu/).