Terms and Conditions of Use
Welcome to www.bd.com/za/ (“the Site”). This Site is operated by Becton Dickinson (Pty) Ltd (referred to as "BDSA", “we”, “us” or “our”, as applicable). BDSA is a South African affiliate of Becton, Dickinson and Company, a United States corporation, which is the ultimate parent company of an international group of companies (collectively “BD”). BDSA provides you with access to the Site subject to the terms and conditions contained in this Terms and Conditions of Use Agreement (the “Agreement’). Please read this Agreement carefully. By accessing or using this Site, you agree without restriction to be bound by this Agreement. If you do not agree to follow and be bound by this Agreement, you may not access, use or download materials from this Site.
The Availability of the Site and International Users
The Site is administered by BDSA from South Africa. This Site and its contents (the “Content”) are designed to comply with South African laws and regulations and are intended for use by South African residents only. If you access this Site from outside South Africa, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. Materials published on this Site may refer to products or services that are not available in your country. Consult your local BD office for more information. Furthermore, BDSA makes no representation that the materials on the Site are appropriate or available for use at other locations outside South Africa and access to them from countries where their contents are unlawful is prohibited. You should not construe anything on the Site as a promotion or solicitation for any product or for the use of any product that is not authorised by the laws and regulations of the country in which you are located.
This Site is Not a Source of Medical Advice
The Content of this Site is presented in summary form, is general in nature, and is provided for informational purposes only; it is not intended nor recommended as a substitute for professional medical advice. You should not use the Content of this Site for diagnosing a health or fitness problem or disease. Always seek the advice of your physician or other qualified health provider regarding any medical condition or treatment. Nothing contained on this Site is intended to be for medical diagnosis or treatment. Never disregard medical advice or delay in seeking it because of something you have read on this Site.
Copyright Notice and Limitation on Use
No use should be made of materials on this Site, except as expressly authorised by this Agreement. All Site Content, including the selection, arrangement and design of the Content is owned either by BDSA or its licensors and is protected by copyright and other intellectual property laws including the sui generis rights relating to the protection of databases. You may not modify, copy, reproduce, republish, upload, post, transmit or distribute in any way any Content, in whole or in part, including any code and software. You may download Content from the Site for your own personal, non-commercial use only, provided that the Content is not modified in any way, that you keep intact all copyright and other proprietary notices, and that you include the phrase “Used with permission of Becton Dickinson (Pty) Ltd” when you display or otherwise use the Content.
Procedures for Claimed Copyright Infringement
We respect the intellectual property rights of others and we ask that you do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Becton, Dickinson and Company’s Vice President and Chief Intellectual Property Counsel, 1 Becton Drive, Franklin Lakes, New Jersey 07417 USA, Email: email@example.com with the following information:
All of the trademarks, service marks and logos displayed on this Site (the "Trademarks") are registered and unregistered trademarks of BDSA, its affiliates, or third parties. Nothing contained in this Site should be construed as granting, by implication, estoppel, or otherwise, any licence or right in and to the Trademarks without the express written permission of BDSA or the applicable third party. Except as expressly provided in this Agreement, any use of the Trademarks found on the Site is strictly prohibited. Please note that the names of the companies and products mentioned on this site may be trademarks of their respective owners. A complete list of BD's trademarks for each operating segment is contained at BD Brands.
Public and Unsolicited Information
This Site may provide opportunities to provide BDSA feedback regarding this Site and BD products and other unsolicited submissions (collectively, “Unsolicited Information”). You may only provide Unsolicited Information which meets the requirements of these Terms and Conditions.
Links to Other Websites
This Agreement applies only to this Site. This Site may frame or contain references or links to other BD Web sites as well as other Web sites that are not operated by BDSA or its affiliates (the “Third Party Sites”). These references or links to the Third Party Sites are provided for your reference and convenience only, and do not imply any review or endorsement of the material on these Third Party Sites or any association with their operators. BDSA does not control these Third Party Sites and is not responsible for their content. The Third Party Sites (and any Web sites to which they link) may contain information about uses of products that have not been approved or cleared by appropriate authorities. BDSA does not endorse any "off-label" uses. The Third Party Sites (and the Web sites to which they link) may contain information that is inaccurate, incomplete, or outdated. Your access and use of the Third Party Sites (and any Web sites to which they link) is solely at your own risk.
No Framing Allowed
Elements of this Site are protected by copyright, trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part by any means, including but not limited to, the use of framing, deep linking or mirrors. None of the Content for our Site may be retransmitted without the express written consent of BDSA. If you are interested in linking to our Site, Contact Us for more information.
Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such advertiser. You agree that we are not responsible nor shall we be liable for loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such advertiser on the Site.
Some of the functions of this Site may require creation of an account with us. As part of the registration process, visitors will select a User Name and Password, along with registration information, which must be accurate and updated. You may not select or use a User Name of another person with the intent to impersonate that person or use a User Name in which another person has rights without such person's authorisation. Failure to comply with the above shall constitute a breach of this Agreement, which may result in immediate termination of your account. You agree to take reasonable measures to protect the security of your password.
Our Privacy Statement and Consent to Use of Data is available on this Site and by accessing the Site, you are agreeing to be legally bound by the Privacy Statement and Consent to Use of Data. The Privacy Statement and Consent to Use of Data in its entirety is hereby incorporated into this Agreement by reference. To read our Privacy Statement and Consent to Use of Data please click here.
Disclaimer of Warranties
This Site contains information concerning BDSA and BD that may be useful to our customers, employees, and shareholders as well as to the general public. The Site and the Content are provided on an "AS IS," "AS AVAILABLE" basis, without warranties of any kind.
Limitation of Liability
Your use of this Site is at your sole risk. Under no circumstances shall BDSA, its affiliates or any of their respective directors, officers, employees, or agents, be liable for any direct or indirect loss or damage arising out or in connection with:
This site may from time to time contain certain forward-looking statements regarding BD’s and/or BDSA's performance, including future revenues, products and income, or events or developments that BD and/or BDSA expects to occur or anticipates occurring in the future. All such statements are based upon current expectations of BD and/or BDSA and involve a number of business risks and uncertainties. Actual results could vary materially from anticipated results described, implied or projected in any forward-looking statement. Factors that could cause actual results to vary materially from any forward-looking statement include, but are not limited to: competitive factors; pricing and market share pressures; uncertainties of litigation; BD’s and/or BDSA's ability to achieve sales and earnings forecasts, which are based on sales volume and product mix assumptions, to achieve cost savings objectives, and to achieve anticipated synergies and other cost savings in connection with acquisitions; changes in regional, national or foreign economic conditions; increases in energy costs: fluctuations in costs and availability of raw materials and in BD’s and/or BDSA's ability to maintain favourable supplier arrangements and relationships; changes in interest or foreign currency exchange rates; delays in product introductions; and changes in health care or other governmental regulation, as well as other factors discussed in this Site. We do not intend to update any forward-looking statements.
In the event that any legal action is taken resulting from (i) your use of the Content or Site, including your breach of the terms of this Agreement, or (ii) any Unsolicited Information provided by you, you agree to defend, indemnify, hold harmless and pay any reasonable legal and accounting fees without limitation incurred by BDSA its affiliates, its and their directors, officers, employees, agents, investors and licensors (collectively, “the indemnified parties”) in connection therewith. BDSA shall provide notice to you promptly of any such claim, suit or proceeding. BDSA shall have the right, at its option and expense, to participate in the defence and/or settlement of any such claim, suit or proceeding, or to assume the exclusive defence and control of any such matter without relieving you of your indemnification obligations aforesaid. In no event shall you settle any suit or claim imposing any liability or other obligations on BDSA or any of the other indemnified parties without BDSA’s prior written consent.
You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and all charges related thereto. BDSA reserves the right to alter or delete material from this Site at any time. This Site is controlled and operated by BDSA from its offices within South Africa. Any claim relating to, and the use of, this Site are governed by the laws of South Africa. By using this Site, you consent to personal jurisdiction in the courts located in South Africa, for any action arising out of or relating to this Site or your use of this Site. Such courts shall have exclusive jurisdiction over all such actions. The United Nations Convention on Contacts for the International Sale of Goods does not apply to this Agreement.
This Agreement constitutes the entire agreement between you and BDSA with respect to your access to and/or use of this Site. Any claims arising in connection with your use of the Site or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred, save mandatory provisions of the applicable law. All provisions of this Agreement pertaining to indemnification, disclaimer or warranties, limitation of liability and proprietary rights shall survive the termination of this Agreement for any reason. If any provision of this Agreement is invalid or unenforceable, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that closely matches the intent of the original provision. The failure by us to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. All rights not expressly granted herein are hereby reserved.