Thank you for accessing and using the Site (“Site”) of Novugen Pharma Sdn Bhd (“Novugen”, “us”, “our”, or “we”).
IMPORTANT! By accessing and using any part of this Site, you acknowledge that you have read, understood, and are agreeing to accept and be bound by the following terms and conditions of use governing this Site (collectively “Terms of Use”), which together with our General Personal Data Protection Notice and Cookie Notice (available in our [Privacy Centre] ),governs our relationship with you in respect of this Site. If you do not agree to these Terms of Use, please do not use this Site and log-off immediately. Any continued use of this Site at any time will imply that you have accepted to be bound by these Terms of Use.
These Terms of Use in our Site may be amended or revised from time to time, at our discretion, without prior notice. All latest changes will be published on this page, and your use of this Site will constitute your agreement to the Terms of Use as published.
2.1. No part of the contents or materials available on this Site shall be copied, reproduced, republished, retransmitted, uploaded, posted, or distributed in any forms whatsoever without our prior written permission. However, you may view this Site and its contents using your web browser and save an electronic copy or print out a copy (if permitted in the system), of limited parts of this Sitestrictly and solely for your own personal use provided always that:- (i) you keep intact all accompanying copyright and other proprietary notices, (ii) you shall ensure that your use does not, in any way or manner undermine or prejudice Novugen’sintellectual property rights, and (iii) you comply with all applicable laws.
2.2. You further agree not to use the services we provide via the Site to:
. i. Transmit any information or do anything that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
. ii. Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
. iii. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the services
. iv. Transmit any information that you do not have a right to transmit or which infringes another’s rights;
. v. Transmit any unsolicited or unauthorised promotion (including without limitation “junk mail”, “spam”, “chain letters” or “pyramid schemes”); or
. vi. Transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and
. vii. Interfere with or disrupt the services or servers or networks connected to the services, or disobey any requirements, procedures, policies or regulations of networks connected to the services.
3.1. We do not intend to receive confidential information from you through the Site. Except for personal data which is governed by the General Personal Data Protection Notice (available in our [Privacy Centre] ), any communication or material you submit or transmit to the Site by electronic mail or otherwise, including any data, graphics, questions, comments, suggestions, or the like is (collectively “your submissions”) will be treated as, non-confidential and non-proprietary. Your submission, or any portion thereof, may be used by Novugen or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. You are the owner of and are responsible for your submissions but grant Novugen and our designees a worldwide, perpetual, irrevocable, transferrable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit your submissions in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) to provide, expand or promote the Site and our products without further notice to or consent from you. Furthermore, Novugen and its affiliates is free to use any ideas, concepts, know-how, or techniques contained in any of your submissions for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products using such ideas, concepts, know-how, or techniques.
3.2. Any information which you send via the Site is voluntary and you are not entitled to make any claim for payment either on your own behalf or for a third party for any information or content in any submission by you on the Site. Further, by submitting your submissions, you represent and warrant all of the following:
. i. Your submissions are true and accurate;
. ii. You own or otherwise control all of the rights to your submissions, including copyrights and trademarks, necessary to meet your obligations to Novugen under these Terms of Use;
. iii. Your submissions are not defamatory, libelous, hateful, violent, obscene, pornographic, unlawful or otherwise offensive or unlawful; and
. iv. Your submissions do not violate the privacy, publicity, intellectual property or other rights of any other person or entity.
4.1. This Site may contain general information on products and services, not all of which are available in every location. A reference to a product or service on this Site does not imply that such product or service is or will be available in your location. The products referred to on this Site may be subject to different regulatory requirements depending on the country of use.
4.2. In addition, you may be notified that certain information and/or sections of this Site are intended only for certain kinds of qualified medical or healthcare professionals or only for audiences in certain countries. You should not construe anything on this Site as a promotion or advertisement for any product or for the use of any product that is not authorised by the laws and regulations of your country of residence. We are not responsible your use or access of any such information which may not comply with any legal process, regulation, registration or usage in the country of your origin.
5.1. all information contained on this Site is provided on “AS-IS” basis. While we make reasonable endeavours to ensure that all information contained on our Site are up-to-date and clear at the time of publishing, the information contained on this Site is only for general convenience only to internet community only and WE DISCLAIM ALL WARRANTIES AND REPRESENTATIONS OF ANY KIND (WHETHER EXPRESS OR IMPLIED), TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, including without limitation, to the completeness, veracity, accuracy, reliability, suitability, accessibility, and/or availability of the Site (including information, content or function contained in the Site) for any purpose whatsoever. Therefore, all reliance you place on such information from our Site is strictly at your own risk and you are required to independently verify the accuracy and information.
5.2. Further, the information on this Site is:
. i. NOT intended to provide medical, legal, investment, financial or other advice;
. ii. NOT intended to provide instruction on the appropriate use of products manufactured or sold by Novugen or products currently under development by Novugen (including our affiliates, related companies, or its licensors or joint venture partners). Information on this Site regarding products approved for marketing is qualified in its entirety by reverence to the full prescribing information for such products; and
. iii. NOT an invitation or offer to invest or deal in the securities.
6.1. All title, right and interest in copyright, trade mark, trade names, logos, service marks, domain name, patents, and other intellectual property rights of whatsoever nature (collectively “IP Rights”) in respect of or in connection with this Site shall vest and remain exclusively with Novugen.
6.2. All rights, title, and interest in this Site and its material contents are owned by or licensed to Novugen. This material includes, but is not limited to, the design, layout, look, appearance and graphics.
6.3. All our IP Rights shall be protected by the applicable laws and shall not be used in any way without the prior written permission of Novugen.Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any IP without the written permission of Novugen. We expreslly reserves all rights and remedies to take legal action against any breach of its IP rights.
6.4. Novugen provides no warranty, representation, or indemnity that the use of material displayed on the Site will not infringe the intellectual property rights of any third parties.
7.1. We make reasonable effort is made to keep our Site up and running smoothly. However, you acknowledge:
. i. that it is technically impossible to provide the Site free from any defect and that Novugen cannot undertake to do so;
. ii. that defects may lead to the Site being temporarily unavailable; and
. iii. that operation of the Site can be affected by events and/or matters that Novugen does not control, such as for example, means of transmission and communication between you and Novugen and between Novugen and other networks.
7.2. Novugen and/or its service providers may, at any time, alter or interrupt, temporarily or permanently, all or part of the Site to conduct maintenance and/or make improvements and/or changes to the Site. Novugen is not responsible for any alteration, suspension or interruption of the Site.
8.1. You acknowledge and agree that we shall not be held legally liable in any way for any consequences (includingwithout limitation direct and consequential loss such as loss of profits, business interruption, loss of business opportunities or projects, loss of privacy,loss of information, or property damage),howsoever arising (whether in contract, tort or otherwise, and even if we had been warned of the possibility of such consequences) that may be incurred by you as a direct or indirect result from your useor inability to use the Site, including its content or functions.
8.2. Novugen shall not be liable for any damages or losses caused by viruses or other malicious activities of whatsoever nature that may infect and affect your computer, any other device, hardware, software or other IT systems or other property on account of your accessing, browsing and/or using our Site. We advise you to take all the necessary measures to ensure that your computer, any other device, hardware, software or other IT systems or other property are adequately protected from viruses or other malicious activities.
By accessing and using the Site, you hereby agree to defend, indemnify and hold harmless Novugen (including its companies within the group, such as its parents, subsidiaries, and affiliates) and their respective officers, directors, employees, and agents for, from and against any claim, suit, proceedings, loss, liability, damage, cost and expense (including, without limitation, costs of investigation and reasonable legal fees and expenses), directly or indirectly relating to, resulting from or arising out of: (i) any breach by you of these Terms of Use; (ii) any negligent act or omission or willful misconduct by you in connection with your use of the Site and/or its content; and/or (iii) any violation by you of applicable law. Novugen shall provide notice to you promptly of any such claim, suit, or proceeding. Novugen reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Novugen’sdefense of those claims.
10.1. For your convenience, Novugen may provide links or plugins relating to third-party sites. Novugen shall not be in any way incur any liability in respect of a third-party site or plugin that can be accessed via the Site. A third-party link or plugin does not imply a recommendation or endorsement by Novugen. Novugen does not have any way of controlling the content of such third-party sites which remain entirely independent of Novugen. Novugen is not responsible for and will not have any liability for any damages or injuries of any kind arising in connection with the content of linked third-party sites. Moreover, the existence of a link between the Site and a third-party site does not under any circumstances mean that Novugen approves the content of that site in any way whatsoever and in particular the use that may be made of it.
10.2. The use of third-party sites is at your own risk and subject to the terms and conditions of the third-party site. In any case, Novugen is not in any way liable for the non-availability of such sites and Novugen does not scrutinize, check or approve them and is not responsible for contents, advertising, products or other components available on or via those sites. Any trademarks, copyright or other registered material or intellectual property of those sites remain the property of their respective owners.
Novugen views and treats seriously to any unauthorized access, alteration or modification of its Website and the content material therein, whether malicious or otherwise. We will not hesitate to initiate and pursue any and all appropriate legal actions under the applicable laws.
The Terms of Use herein are governed by the laws of Malaysia,without regard and without giving effect to conflict of laws principles. Any disputes relating thereto are subject to the jurisdiction of the courts of Malaysia.
13.1. These Terms of Use, which incorporate our General Personal Data Protection Notice (available in our [Privacy Centre])contain the entire understanding by and between Novugen and you with respect to the Site.
13.2. Your affirmative act of using the Site constitutes your electronic signature to these Terms and your consent to enter into agreements with us electronically.
13.3. You agree that we may send you notice via email to the email address associated with your account, if any, and we are not responsible for your failure to receive notice if an email is quarantined by your email security system (e.g., “junk” or “spam” folder) or if you fail to update your email address.
13.4. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Waivers are effective only if in writing and signed by us and you.
13.5. If any provision of these Terms is or becomes unenforceable or invalid, the remaining provisions will continue with the same effect as if such unenforceable or invalid provision had not been used.
13.6. Nothing contained in these Terms of Use will be deemed to constitute Novugen or you as the agent or representative of the other or as joint venturers or partners.
13.7. These Terms of Use inure to the benefit of and will be binding upon our and your permitted successors and assigns.
