MY TELEFLEX TERMS OF USE – THE NETHERLANDS

Welcome to https:/nl.myteleflex.com, Teleflex Medical B.V. and its affiliates (collectively, “Teleflex”) provide information material and features to you (“you” or “your”) on https:nl.teleflex.com (the “Site”). The Site and all associated services are intended for use by businesses only. The use of the Site is subject to these terms and conditions (the “Terms of Use” or “Agreement”) and your formal acceptance of these terms and conditions prior to using the Site. Your use of the Site may be subject to additional terms and conditions at any time. Teleflex will make you aware of any changes to these Terms and Conditions and require that you review and accept these before you can continue to use the Site. If you breach any of the Terms of Use, your access and use of the Site will be terminated.

Additionally, the Site may allow you to purchase products from Teleflex; in those cases, your use of the Site and the transactions conducted through the Site will be governed by a customer agreement that you have with Teleflex (a “Master Customer Agreement”) as well as terms and conditions of sale and refund policies that will be provided to you by Teleflex. The Master Customer Agreement and such other terms and conditions and policies will govern solely with respect to the purchase of the products; these Terms of Use and any additional terms applicable to the Site will govern your use of the Site.

You should not construe anything on the Site as medical advice. Information provided through the Site is provided for general information only and is not intended to replace consultation with a qualified medical professional. Teleflex cannot answer specific medical questions in your e-mail requests or social media posts. You should consult a medical professional for diagnosis and treatment. 

Teleflex does not practice medicine or provide medical services or medical advice and the information on this Site should not be considered medical advice. In cases where medical advice is required or in medical emergencies, please contact a qualified medical professional.

PRIVACY

Please review our Privacy Policy, which is incorporated as part of this Agreement and governs your visit to the Site, to understand our privacy practices.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of this Site. You must be at least 18 years old to use the Site.

ELECTRONIC COMMUNICATIONS

When you visit the Site or send e-mails to us, you are communicating with Teleflex electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

The Site will require you to establish an account with a user ID or password (collectively, “User Credentials”). You may only use the User Credentials for the Site. You are responsible for maintaining the confidentiality of your User Credentials, and you are responsible for all activities that occur using your User Credentials. You agree not to share your User Credentials with unauthorised users, let unauthorised users access or use your User Credentials or take any other action that might jeopardise the security of your User Credentials. You agree to notify Teleflex at [email protected]  if your User Credentials are lost, stolen, if you are aware of any unauthorised use of your User Credentials or if you know of any other breach of security in relation to the Site. All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may review and update the information that you provided to us through the Site by using the “Contact” option on the Site. 

INTELLECTUAL PROPERTY - CONTENT

The text, images, photographs, graphics, logos, illustrations, descriptions, data, and other material provided by Teleflex on or through the Site, as well as the selection, assembly, and arrangement thereof, are referred to collectively as the "Content".

The Content may contain errors, omissions, or typographical errors or may be out of date. Teleflex may change, delete, or update any Content at any time and without prior notice. The Content is provided for informational purposes only and is not binding on Teleflex in any way except to the extent it is specifically indicated to be so.

Unless otherwise noted, all Content is protected by copyrights, trademarks, service marks, and other proprietary rights that are owned by Teleflex or by third parties that have licensed their use to Teleflex. You may view and use the Content only for your personal use of the Site, and for no other purpose, including but not limited to, any commercial purpose, and you shall retain all copyright and other proprietary notices intact. Any use of the Content, except as specifically permitted in these Terms of Use or as otherwise expressly permitted in the Content or in a writing signed by Teleflex, is strictly prohibited.

INTELLECTUAL PROPERTY - LICENSE AND SITE ACCESS

Teleflex grants you a limited license to access and make personal use of the Site. You are not allowed to download (other than page caching) or modify the Site, or any portion of it, except with the express written consent of Teleflex. This license does not permit any resale or commercial use of the Site or its respective content, any collection or use of any product listings, descriptions, or prices, any derivative use of the Site or its contents, any downloading or copying of account information for the benefit of another merchant, or any use of data mining, robots, or similar data gathering and extraction tools. No portion of the Site may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Teleflex. You may not frame or utilise framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Teleflex without our express written consent. You may not use any meta tags or any other "hidden text" utilising Teleflex’s name or trademarks without the express written consent of Teleflex. Any unauthorised use terminates the permission or license granted by Teleflex. Any violation of this policy may result in a copyright, trademark or other intellectual property right infringement that may subject the offender to civil penalties.

INTELLECTUAL PROPERTY - SUBMISSIONS

Except as otherwise expressly provided by you, herein or in Teleflex’s Privacy Policy, any communication or material you transmit to Teleflex by electronic mail or otherwise, including without limitation any contest or sweepstakes entries, images, photographs, video files, audio files, and social media site posts, or the like, is and will be treated as non-confidential and non-proprietary and may be used by Teleflex, Teleflex vendors, or their affiliates or related entities for any purpose, including without limitation reproduction, modification, disclosure, transmission, publication, broadcast, and posting, and for advertising, publicity, or promotional purposes in any media without further permission, consent, payment, or other consideration, unless prohibited by law. Furthermore, and except as otherwise expressly provided, Teleflex, Teleflex vendors, and their affiliates and related entities are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Teleflex through the Site for any purpose whatsoever, including without limitation developing, manufacturing, and marketing products or services using information contained in such communication, unless prohibited by law.

Except as otherwise expressly provided by you, by submitting content on or through the Site, you hereby grant to Teleflex, its subsidiaries, affiliates, partners and clients and other users a non-exclusive, fully paid and royalty-free, worldwide, limited license to use, copy, modify, publicly perform, publicly display, reformat, translate and excerpt (in whole or in part) such submitted content, and to grant and authorize sublicenses of the foregoing to its subsidiaries, affiliates, partners and clients including advertisers of brands or products (the "Advertisers") for display via third party websites or applications (for example, an Advertiser may sublicense submitted content to repurpose on its own or other third party website). Even if you withdraw or request a return of any submitted content, such a request shall not terminate or impact the use rights granted by Teleflex to third parties regarding such submitted content prior to such removal. By submitting content, you also warrant and represent that the content of the submission is accurate, not misleading, and will not violate the rights of any individual. If you do not wish to grant such rights to Teleflex, do not submit content to the Site.

INTELLECTUAL PROPERTY - COPYRIGHT COMPLAINTS

If you believe that your work has been copied and posted on the Site in a way that constitutes copyright infringement, you should provide our Copyright Agent with a written notice that sets forth the infringement details. To be effective, the notice must contain the following information:

Please provide:

1. a description of the copyrighted work that you believe has been infringed;
2. a description of the material that you claim is infringing the copyrighted work and a detailed description of where it is located on the Site;
3. your address, telephone number, and email address;
4. a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
5. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf; and
6. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest.

Please send the written communication to our Copyright Agent at the following address:

By mail or e-mail:

Teleflex Copyright Agent
Teleflex Incorporated
c/o Legal Department
550 E. Swedesford Road, Suite 400
Wayne, PA 19087 USA
(+1) 610-225-6800
[email protected]

We reserve the right, in appropriate circumstances and at our discretion, to terminate the privileges of any account holder who repeatedly infringes the copyrights or other intellectual property rights of Teleflex or others.

MONITORING

Teleflex shall have the right, but not the obligation to monitor the content of the Site at all times, including any chat rooms and forums that are or may hereinafter be included as part of the Site, to determine compliance with this Agreement and any operating rules established by Teleflex, as well as to satisfy any applicable law, regulation or authorized government request. Without limiting the foregoing, Teleflex may remove any material that Teleflex, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable, including without limitation, comments that contain the following:

• Hate speech - language that degrades others on the basis of gender, race, national origin, religion, sexual orientation or disability;
• Personal attacks - language that is threatening, intimidating, defamatory, libelous or encourages others to cause injury or property damage to any person;
• Invasion of privacy - phone numbers, email addresses, physical addresses or other personal information;
• Off topic - opinions and arguments unrelated to the article to which the comments are attached or to the comments of other readers;
• Advertising - solicitations of any kind, all spam, including comments or links that are repeatedly posted;
• Copyright/Plagiarism - comments that appear to violate copyright laws;
• Personal health information;
• Off-label or unapproved use of Teleflex products.

NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping of the Site or any services provided via, or in relation to, the Site. This includes using (or permitting, authorising or attempting the use of):

• Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Site or any data, content, information or services accessed via the same.
• Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this paragraph should be treated as an express reservation of Teleflex’s rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

You shall not use, and we do not consent to the use of, the Site or any services provided via, or in relation to, the Site for the purposes of developing, training, fine-tuning or validating any AI system or model. 

Nothing in this clause shall be interpreted as excluding any mandatory exception for text and data mining by research organisations and cultural heritage institutions pursuant to the Digital Copyright Directive (EU) 2019/790. If any part of this clause is found to conflict with such mandatory provisions, that part shall be deemed severable and the remainder shall remain in full force and effect.

LINKING TO THE SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to the Site in any website that is not owned by you.

The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on the Site other than that set out above, please contact [email protected] .

DISCLAIMER OF WARRANTIES

This Site and all information, content, materials, products (including software) and services included on or otherwise made available to you through the Site is provided by Teleflex on an "as is" and "as available" basis, unless otherwise specified in writing. Teleflex and its affiliates, and their respective officers, directors, employees, representatives and agents, vendors, merchants, third-party content providers or licensors make no representations or warranties of any kind, express or implied, as to the operation of the Site or the content, products (including software) or services included on or otherwise made available to you through the Site; nor do they make any warranty as to the results that may be obtained from use of the Site or the accuracy, reliability, or content provided through the Site. You expressly agree that your use of the Site is at your sole risk. 

The Site is directed to people residing in the Netherlands. We do not represent that content available on or through the Site is appropriate for use or available in other locations.

Teleflex does not guarantee that the Site, or any content on it, will be error free, available at all times, or available without interruption. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

To the full extent permissible by applicable law, Teleflex disclaims all warranties, express, implied or statutory, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Teleflex does not warrant that this Site; content, products (including software) or services included on or otherwise made available to you through this Site; Teleflex’s servers; or electronic communications sent from Teleflex are free of viruses or other harmful components.

Where the Site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by Teleflex of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

We do not guarantee that our Site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programs and platform to access the Site. You should use your own virus protection software.

You must not misuse the Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with the Site or any part of it. You must not attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site or any other equipment or network connected with the Site. You must not interfere with, damage or disrupt any software used in the provision of the Site or any equipment or network or software owned or used by any third party on which the Site relies in any way. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Dutch Criminal Code. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Sites will cease immediately.

LIMITATION OF LIABILITY

Teleflex does not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or for fraud or fraudulent misrepresentation. 

Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Master Customer Agreement with you.

We exclude all implied conditions, warranties, representations or other terms that may apply to the Site or any content on them.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• use of, or inability to use, the Site; or
• use of or reliance on any content displayed on the Site.

In particular, we will not be liable for:

• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss of business opportunity, goodwill or reputation; or
• any indirect or consequential loss or damage.

INDEMNIFICATION & RELEASE

To the extent that it is lawful to do so, you agree to defend, indemnify, and hold harmless Teleflex and its affiliates and their respective directors, officers, employees, and agents from and against all claims, damages, and expenses, including reasonable attorney’s fees, arising out of or related to any products or services you purchase in connection with or from the Site, your use of the Site, or your violation of any third-party right. You are solely responsible for interactions with other users of the Site. To the extent permitted by applicable law, you hereby release Teleflex from any and all claims or liability related to any product or service of Teleflex and any conduct, action, or inaction by Teleflex or another user of the Site. The indemnity and release provisions of this section shall survive the termination of this Agreement.

FEEDBACK

If you send or transmit any communications, comments, questions, suggestions, or related materials to Teleflex, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any services offered through the Site or Content, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, except as otherwise expressly provided by you, non-confidential and non-proprietary. Except as otherwise expressly provided by you and/or prohibited by applicable law, you hereby assign all right, title, and interest in, and Teleflex is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. Where the foregoing assignment is prohibited by law, you hereby grant Teleflex an exclusive, transferable, worldwide, royalty-free, fully paid up license (including the right to sublicense) to use and exploit all Feedback as Teleflex may determine in our sole discretion. Notwithstanding the foregoing, you understand and agree that Teleflex is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

LANGUAGE

These Terms of Use and all documents and notices relating thereto are drafted in the English language.

APPLICABLE LAW & DISPUTES

These Terms are governed by Dutch law. Any disputes arising under these Terms shall be subject to the exclusive jurisdiction of the competent courts in Amsterdam, the Netherlands.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

We reserve the right to make changes to the Site, policies, and these Terms of Use at any time. Any changes to these Terms of Use will be effective upon our posting of notice of the changes on the Site for your review and agreement. We suggest that you re-read our Terms of Use and Privacy Policy from time to time in order that you stay informed as to any such changes. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining conditions.

ENTIRE AGREEMENT

These Terms of Use (including any terms incorporated by reference herein) constitute the entire agreement between Teleflex and you with respect to your access, use, and receipt of services from the Site and supersedes all prior agreements, negotiations and discussions between you and us relating to the same. There are no third-party beneficiaries of the Agreement. 

TERMINATION

Teleflex may terminate this Agreement at any time. Without limiting the foregoing, Teleflex shall have the right to immediately terminate or suspend any of your passwords or accounts in the event of any conduct by you in breach of these Terms of Use or which Teleflex, in its sole discretion, considers to be unacceptable. The provisions above relating to Intellectual Property, Disclaimer of Warranties, Limitation of Liability, Indemnification & Release, and Applicable Law & Disputes will survive termination of this Agreement.

OUR ADDRESS

Teleflex Medical B.V.

Lange Dreef 11

4131 NJ Vianen 

The Netherlands

Phone: +31 (0)88 0021500
Fax:  +31 (0)88 00 215 10

Email: [email protected]