Last updated August, 2024
This website (“Website”) is provided to you under these “Terms of Use” and any amendments or supplements to them (collectively referred to as this “Agreement”) that may be posted by DTP Logistical Solutions Ltd. (“Site Owner,” “we”, “us”) from time to time. Your use of this Website, or any other services or content provided through the Website, shall be deemed to constitute your consent to be legally bound by the terms and conditions of the Agreement, which shall be enforceable in the same way as if you had signed the Agreement. If you are not willing to accept the terms and conditions in the Agreement, we ask that you not access or use the Website or post or submit any materials on it.
Information Disclaimer
The information including any, advice and recommendations on the Website is intended solely for the proper fulfilment of the services provided by means of the Website. It is not intended as medical or healthcare advice, or to be used for medical diagnosis or treatment, for any individual problem. It is also not intended as a substitute for professional advice and services from a qualified healthcare provider familiar with your unique facts. Your use of the site is subject to the additional disclaimers and caveats that may appear throughout the website.
We assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the website. While we strive to keep the information on the website accurate, complete, and up-to-date, we do not give any assurances, and will not be responsible for, any damage or loss related to the accuracy, completeness, or timeliness of the information on the website.
Ownership
You understand that the Website is available for your professional, non-commercial use only. You agree that the Website is the property of the Site Owner; including all intellectual property rights in it and that you have no right to use them other than as set out in these Terms of Use. We are not responsible for any harm or loss that you suffer in relation to any use you make of the Website for any business purposes or other purposes not authorized under these Terms of Use. We reserve the right to refuse or terminate access to the Website at our discretion. The Website are provided free of charge and on that basis, we have no obligation to provide any maintenance or support services in relation to them and we are not responsible for any loss or damage you may suffer as a result of any failure to maintain or update the Website.
You may not copy, change or reuse the Website, any updates to them or any part of them including the software incorporated in them.
You may use this Website only for lawful purposes and in accordance with these Terms of Use. You are granted a nonexclusive, nontransferable, revocable, limited license to view, print and distribute content retrieved from the Website for your personal, noncommercial purposes, provided that you do not remove or obscure the copyright notice or other notices displayed on the content. You may not copy, reprint, modify, display, perform, translate, distribute, adapt, broadcast, communicate to the public by telecommunication, circulate, or sell the content retrieved from the Website in any way, for any commercial use or provide it to any commercial source, including other websites, without the prior written permission of Site Owner.
In addition, you agree not to: (i) use this Website in any manner that could disable, overburden, damage, or impair this Website, or interfere with any other use of this Website, including, any user’s ability to engage in real-time activities through this Website; (ii) use any robot, spider or other automatic device, process or means to access this Website for any purpose, including to scrape, data mine, monitor or copy any of the material on this Website; (iii) use any manual process to monitor or copy any of the material on this Website, or to engage in any other unauthorized purpose without the express prior written consent of Site Owner; (iv) otherwise use any device, software or routine that interferes with the proper working of this Website; or (v) otherwise attempt to interfere with the proper working of this Website.
We reserve all rights not expressly granted to you.
Your Account and Password
When you first register to use the Website you may be prompted to create a password. You must keep your password secret and not give it to anyone else or let them use your account. You must not use anyone else’s password or account. You must inform us immediately if you suspect any unauthorized use of or access to your password or account. We will not be responsible if you suffer any harm or loss because you do not keep your password secret, if you let someone else use your account, if you use someone else’s password or account, or if you become aware of or suspect unauthorized use of your password or account but do not tell us promptly.
Privacy and Consent to Use Data
The information that we obtain through your use of the Website, whether through the registration process or otherwise, is subject to our Privacy Policy. Our Privacy Policy addresses our collection and use of the data you provide to us, including your rights relative to that information collection. Our Privacy Policy can be found here https://hcp.onetouch.ie/privacy-policy.
Electronic Communications
The information communicated on the Website constitutes an electronic communication. When you communicate with us through the Website or via other forms of electronic media, such as e-mail, or the customer service, you are communicating with us electronically or by phone. You agree that we may communicate with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
User Submissions
We may create in the future, certain areas, such as message boards and chat rooms, within the Website where members can upload and share their thoughts, comments, product reviews, pictures, videos and the like with other members (collectively, “Forums”). These Forums may be available to registered members of the Website only. To help ensure that the text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials posted by users (collectively, the “User Content”) is beneficial for the greater community, we have established some basic rules for everyone to follow.
In addition, if a Forum is provided within the Website, it may allow users to post questions to be answered by experts engaged by us. Where applicable, these experts are paid by us for their time in responding to members’ questions, but the opinions they express are their own. We are providing access to the experts and their guidance in the Forum solely as an informational and educational service to members of the Website.
Our policy for this Website is to review User Content, as far as practical, either before or after such User Content is posted. Pre-moderation means that the User Content will not be posted to the Forum and cannot be accessed or viewed by other Website members until we have reviewed it and determined that the User Content is suitable for posting to the Forum. This process also means that User Content submitted for posting will not be posted in real time and may never be posted if we determine that it is unsuitable for the Website. Post-moderation means that User Content will be reviewed by us once it is already posted on the Website. Post-moderated User Content that Site Owner determines does not comply with these Terms or is otherwise unsuitable for the Website will be removed from the Website, without notice to the User.
User Content
We may impose a maximum amount of storage for User Content on the Website. We will inform the supervisory authority of any loss or damage you may suffer as a result of the deletion or failure to store messages, communications or other user content, and we will inform you of such loss if it constitutes a risk to your personal freedoms.
Additional Terms
Additional terms may govern certain features or content on the Website. By participating in any activity on the Website governed by any additional terms, you agree that you will be subject to those additional terms in addition to this Agreement.
Disclaimer of Warranties With Respect to Use of Website
The website is provided on an “as is” and “as available” basis. Except as specifically provided herein, to the fullest extent permissible pursuant to applicable law, site owner expressly disclaims all warranties of any kind, whether express, legal or implied, including, without limitation, any warranties of merchantability, fitness for a particular purpose and non-infringement.
Site owner does not make any warranty that the website will meet your requirements, or that access to the website will be uninterrupted, timely, secure, or error-free, or that defects, if any, will be corrected. Site owner makes no warranties as to the results that may be obtained from the use of the website or as to the accuracy, quality, or reliability of any information obtained through the website. On the other hand, we do everything in our power to guarantee the security of the website and respect for your rights and freedoms.
You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the website is used at your own risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
No advice or information, whether oral or written, obtained by you from site owner or through the website shall create any warranty not expressly made herein.
This exclusion of liability applies to the fullest extent permitted by applicable law.
Limitations of Liability
You expressly understand and agree that under no circumstances will site owner, its affiliates and any of their respective directors, officers, employees, agents, mandataries or other representatives be liable for direct, indirect, special, incidental, consequential, punitive or aggravated damages, including, without limitation, any loss of use, loss of income, saving or profits, loss of data, loss of goodwill, cost of procurement of substitute services, or any other indirect, special, incidental, or consequential damages, howsoever caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), or otherwise resulting from (1) the use of, or the inability to use, the website; (2) the cost of procurement of substitute services, items, or websites; (3) unauthorized access to or alteration of your transmissions or data (including personal information); (4) the statements or conduct of any third party on the website; or (5) any other matter relating to the website. These limitations will apply whether or not site owner has been advised of the possibility of such damages and notwithstanding any failure of essential purpose of any limited remedy. This exclusion of liability shall apply to the fullest extent permitted by applicable laws.
Trademark Notices
The trademarks and brand names displayed on this Website are registered by Site Owner or any company of the LifeScan group to which it belongs. You may not use or display any other trademarks or service marks displayed on this Website without the permission of their owners.
Modification or Suspension of the Website
We will make reasonable efforts to make the Website available but we may from time to time need to interrupt, restrict, modify or discontinue, temporarily or permanently the Website or parts of it without notice. We will not be responsible for any harm or loss you may suffer as a result of such actions to the fullest extent permitted by applicable law.
Links to Third Party Sites
This Website may contain links or references to third party websites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Website. Any information, data, opinions, recommendations, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Site Owner. Your use of such third party websites is subject to the terms of use and the privacy policies of such websites.
Indemnification
You agree to indemnify and hold harmless Site Owner and its affiliates and their respective directors, officers, employees, agents, or other representatives from and against all claims, liability, damages and expenses, including without limitation all legal fees and costs arising from or relating to (a) your breach of these Terms of Use; (b) your use of this Website including without limitation transmission or placement of information or material by you on this Website; and (c) any claim or allegation that any of your User Content infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Modifications to these Terms
We may make changes to the Terms of Use from time to time in our sole discretion, by updating these Terms of Use on this Website, and specifying the effective date of the new version of the Terms of Use. The “Last Modified” date at the top of these Terms of Use will indicate when the latest changes were made. Your continued use of the Website following the posting of a new version of the Terms of Use constitutes your acceptance of any such changes. Accordingly, whenever you visit this Website, you should check to see if a new version of the Agreement has been posted.
Contact Information
If you have any questions or concerns with respect to these Terms of Use or the Website you may contact us as identified in the Privacy Policy or the “Contact Us” section of this Website. If you have any questions about exercising your GDPR rights, please contact us via email: admin@dtp-solutions.ie
Severability of Agreement
Should any part or provision of these Terms of Use be held unlawful, void, invalid, or unenforceable that portion shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions.
Applicable Law
This Agreement and the resolution of any dispute related to this Agreement, this Website shall be governed by and construed in accordance with the laws of the Republic of Ireland, without giving effect to any principles of conflicts of law.
Arbitration of Disputes
You agree to resolve any claims relating to this Agreement, this Website (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a claim arises) shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one arbitrator appointed in accordance with the said Rules. The place of arbitration shall be Dublin, Ireland. The language of the arbitration shall be English. The applicable law shall be the laws of the Republic of Ireland.
Termination
We may at any time terminate your use of or access to the Website and may delete any or all of your User Content without prior notice if we have a good reason to do so which includes any breach by you of these Terms of Use. We will not be responsible for any loss or harm you may suffer as a result of termination of your use of the Website in these circumstances. In the event of any termination you must stop using the Website and you agree that the provisions of the Agreement regarding Ownership, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.