Terms & Conditions

Welcome to the EUREKA! meditech™ website (“Website”). Please read these terms and conditions carefully and make sure you understand them. By accessing this Website, you confirm that you understand and agree to this Agreement as well as our Privacy Policy. This agreement is effective from December 2017.

Ownership

The Website and its Content is owned by Eureka Medical Equipments Trading LLC (“EUREKA! meditech™, Company”, “we”, “us” or “our”) and its Licensor. The term “you” refers to the user or viewer of our Website.

EUREKA! meditech™ is registered as Eureka Medical Equipments Trading LLC in Dubai, UAE, under company number 791821, registered at office 1301, Prime Business Center, Jumeirah Village Circle, Dubai, UAE.

Acceptance of terms

You are required to read and accept all of the terms and conditions laid down in this Terms and Conditions (“Terms of Use” or “Terms” or “Agreement”) and the linked Privacy Policy, before you may use www.eurekameditech.com (hereinafter referred to as “Website”).

By accessing or using this Website, you accept and agree to comply with and be legally bound by the following Terms of Use, which together with our Privacy Policy govern EUREKA! meditech™’s relationship with you in relation to this Website. If you disagree with any part of these terms and conditions, you may not use our Website in any way.

We reserve the right to change these Terms and Conditions on the Website at any time without notice. It is your responsibility to visit our Website periodically to review the Terms and Conditions to which you are bound. By using the Website and its Content you are agreeing to the Terms and Conditions as they appear, whether or not you have read them.

By using this Website and entering this Agreement, you represent that you are at least 18 years old.

If this agreement conflicts with any other agreement between you and us, these terms will prevail for the purposes of usage of this Website.

Copyright & IP rights

The term “Content” in this Agreement refers to all the elements that make up the Website including, without limitation, texts, descriptions, products, design, interactive features, trademarks, service marks, images, logos and other materials published on the Website.

All rights reserved. Please note that you will have no rights to use any of the Content on the Website. The Website and all the Content is copyright and is either the exclusive intellectual property of Eureka Medical Equipments Trading LLC, 2017, or is licensed to us by our Licensor.

The Website (including, but not limited to, the source code) and all its Content is subject to copyright and other intellectual property rights under the law. You may not copy, reproduce, show in public, distribute, commercially exploit or alter any portion of this Website or its Content or any variation or derivative thereoff in any way or for any purpose without the prior written consent of the Company. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. This applies in particular to EUREKA meditech™ branding, logos and emblems. All trademarks on EUREKA meditech™ Website are protected and altering the Content in any way is forbidden.

Our online service

The Website provides information about EluxR® (hereinafter referred to as “Product”) a unique, innovative medical device for bio-optical therapy, and allows interested Users to leave their contact information to the Company for further negotiations.

Our Product cannot be ordered online. Аny deal regarding the Product shall be regulated by the written agreement concluded between you and the Company after negotiations.

EUREKA meditech™ does not offer its own medical services, diagnoses, advice or prescriptions.

Product demos are subject to location restrictions and to the availability of our representatives. Other restrictions may apply. We do not make any representation or give any warranty in respect to the feasibility of such demos and we maintain the right to refuse a demonstration at all times.

Our product

The EluxR® (“Product”) is a registered medical device, restricted to use by medical professionals, and is licensed and leased to clinics and other medical institutions interested in using the EluxR® in accordance with our established therapy protocols.

EUREKA! meditech™ is sub-licensor of the EluxR® technology and branding. Liability, however, lies with the individual medical professionals who use our technology on patients. By agreeing to these terms and conditions, you confirm that EUREKA! meditech™ or its Licensor shall not be held reliable for any loss, misconduct or damages directly or indirectly incurred as a result of advice provided by, or misrepresentations, negligence, fraudulent acts or default of our licensees.

Although many people have found relief and complete resolution of symptoms by therapeutic application of the EluxR® technology, we make no guarantees or representations about the effectiveness of this therapy, or the number of treatments required for success for every individual.

Use of the contact form

For your convenience, the Website contains a contact form for online submission of your contact details, questions and demonstration requests.

By using our online contact form, you accept and consent to the processing of all the information that you submit to us.

Our contact form is intended to start a conversation or negotiations regarding the Product and may not be used by patients who seek medical advice or by anyone who seeks information about the technology without the intent to investigate options for implementation or distribution of our Product. We reserve the right not to respond to inappropriate submissions.

By accepting these terms and conditions you also accept and consent to our Privacy Policy, which is available for review through “privacy policy” on the Website, and you authorise us to share any information submitted by you with our local distributers or sales representatives.

You hereby confirm that the information provided by you is accurate and true and does not infringe on someone else’s privacy or personal rights. When provided information relates to a third party, you warrant that you are legally authorised to provide us with such information and that we cannot be held accountable should it transpire that you were not properly authorised to provide us with such information.

Contact procedure

After submission of your contact details and/or your request, a representative of the Company shall contact you in order to answer your questions, make an appointment to explain and/or demonstrate the Product or to proceed with the negotiations.

Any further cooperation and licensing/lease conditions shall be regulated by a separate agreement signed between you and the Company.

Acceptable use of the website

EUREKA! meditech™ invites you to view and use this Website for your informational, non-commercial use. Except as otherwise provided on this page, no part of any Content or software on this website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without our expressed written permission. You understand that we may discontinue, change or restrict your use of this website for any reason without notice.

Our Website and services have been designed to present Content in a unique format and appearance. Unless we give you permission, you agree not to access the Website and services using any interface other than ours. We may deny permission to link to our Website for any reason in our sole discretion, and you must be able to edit or delete promptly links that you create, upon our request.

Without limiting any other provision in these Terms, you may not use the Website and services to do the following or assist others to do the following:

  • Link to the Website and services from a site or transmit any material that is inappropriate, profane, vulgar, offensive, false, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, racial hatred, or terrorism, or that we deem, in our sole discretion, to be otherwise objectionable;
  • Frame the Website and services, display the Website and services in connection with an unauthorised logo or mark, or do anything that could falsely suggest a relationship between EUREKA! meditech™ parties and any third party or potentially deprive us of revenue (including, without limitation, revenue from advertising, branding, or promotional activities);
  • Defeat any safety-related features, access any portion of the Website and services that we have not authorised you to access (including password-protected areas), or circumvent, disable or otherwise interfere with features that prevent or restrict use or copying of any Content or enforce limitations on use of the Website or any Content therein;
  • Launch any automated system including without limitation, “robots”, “spiders” and “offline readers” etc., to access the Website in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Notwithstanding the foregoing, EUREKA! meditech™ grants the operators of public search engines permission to use spiders to copy materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, but not caches or archives of such materials. EUREKA! meditech™ reserves the right to revoke these exceptions either generally or in specific cases;
  • Disrupt servers or networks connected to the Website;
  • Violate our copyright or intellectual property rights in any way, or use the Website for false representation;
  • Perform any act prohibited by applicable law or regulation, or assist in this to third parties

Website functionality & availability

Every effort is made to keep the website up and running smoothly. However, EUREKA! meditech™ takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to any reason including, without limitation, routine maintenance or technical issues beyond our control.

We do not warrant that the server, hardware and software that support the Website are free from viruses or something that may interfere with the normal operations of your systems. We will not be liable for any loss or damage resulting from the transmission of data as may occur during communications with us.

The Company shall have the right at any time to change or discontinue any aspect or feature of the Website, including, but not limited to, Content, hours of availability and equipment needed for access or use.

General disclaimer

The information contained in this website is for general information purposes only. The information is provided by EUREKA! meditech™ and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk and it is your sole responsibility to evaluate the opinions, advice, services or other information published on this Website.

Warranty disclaimer

You agree that the use of this Website shall be at your sole risk. This Website and its Content are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, EUREKA! meditech™, its Licensor, directors, shareholders, affiliates, employees, and representatives disclaim all warranties, express or implied, in connection with the services, Content, and Products on the Website and the use thereof including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. EUREKA! meditech™ does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. EUREKA! Meditech™ does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some jurisdictions do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.

Indemnity

To the fullest extent permitted by the applicable law, you hereby agree to defend, indemnify and hold harmless EUREKA! meditech™, its Licensor, directors, shareholders, affiliates, employees, and representatives from and against any and all claims, damages (actual and consequential), obligations, losses, liabilities, costs or debt, and expenses (including, but not limited to legal fees), of every kind and nature, arising from your use of this Website or violation of any term of these Terms and Conditions. This defence and indemnification obligation will survive these Terms and Conditions and your use of the Website.

Violation of the terms

EUREKA! meditech™ holds the right to investigate complaints or reported violations of these Terms and to take any action deemed necessary and appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties, and disclosing any information necessary or appropriate to such persons or entities relating to your profiles, e-mail addresses, usage history, IP addresses, and traffic information.

In case we become aware of any violation of these Terms, we reserve the right to take necessary steps in order to stop the violation and to seek all remedies available at law and in equity for violation, or suspected violations of these Terms and Conditions.

Breach of any of the Terms may subject the user to legal penalties, criminal prosecution and/or civil liability under applicable law.

Governing law and dispute resolution

These Terms shall be governed by and construed in accordance with the laws of Dubai, The United Arab Emirates.

Should any dispute arise between us we will attempt to resolve the dispute informally through negotiation or mediation. In the event that the dispute cannot be resolved amicably within a reasonable period of time, you agree to irrevocably authorize us to select the court and jurisdiction to commence legal proceedings and agree to be bound by such a selection.

If any provision of these Terms is deemed to be invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition, and Company’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

Our agreement

These Terms and Conditions, together with the Privacy Policy and any other legal notices published by EUREKA! meditech™ on the Website, shall constitute the entire Agreement between you and EUREKA! meditech™ concerning the use of our Website and online services including, but not limited to, the submission of personal data and requests through our contact form.