Henan Medspher Medical Equipment Company Ltd. (河南迈德斯普医疗器械有限公司)

Welcome & Acceptance

Welcome to the Terms & Conditions (the “Agreement”) of Henan Medspher Medical Equipment Company Ltd. (“Medspher”). This Agreement governs your use of Medspher’s services, including but not limited to its official website, mobile applications, and any affiliated platforms (collectively, the “Platform”). By accessing or using the Platform, you acknowledge and agree to comply with this Agreement. Please read this document carefully.

I. Acceptance Clause

1. This Agreement includes all terms herein and any additional rules, policies, or guidelines published on the Platform. These constitute a binding agreement between you and Medspher.

2. By using the Platform, you confirm that you have read, understood, and accepted all terms. Continued use constitutes ongoing acceptance.

3. Medspher reserves the right to modify this Agreement at any time. Amendments take effect immediately upon posting on the Platform. Your continued use after changes constitutes acceptance.

4. Medspher’s Privacy Policy (linked herein) is integral to this Agreement.

II. User Eligibility

1. Users must be legally capable entities (natural persons, corporations, or organizations) with authority to engage in medical device trade. Minors or unauthorized entities are prohibited from using the Platform.

2. Medspher may suspend or terminate accounts of users violating laws, regulations, or this Agreement.

III. Registration

1. Users must provide accurate, complete, and current registration information (e.g., business licenses, certifications, contact details).

2. You represent that you have authority to bind your organization to this Agreement.

3. Users must promptly update registration details to ensure compliance with medical device regulations.

IV. Use of the Platform

1. Compliance: Users agree to comply with all applicable laws, including but not limited to China’s *Medical Device Supervision and Administration Regulations*, GDPR (for EU users), and FDA guidelines (for U.S. transactions).

2. Content Responsibility:

- Users are solely responsible for the accuracy and legality of information (e.g., product specifications, certifications) posted on the Platform.

- Prohibited content includes false claims, unverified medical efficacy, unauthorized intellectual property, or content violating public health/safety standards.

3. Account Security: Users must safeguard login credentials and notify Medspher immediately of unauthorized access.

4. License: By posting content, users grant Medspher a non-exclusive, royalty-free license to use, display, and distribute such content for Platform operations.

V. Fees & Payments

1. Currently, access to the Platform is free. Medspher reserves the right to introduce fees for premium services, with advance notice to users.

2. Users bear all transaction costs (e.g., taxes, customs duties) related to purchases facilitated through the Platform.

VI. Intellectual Property

1. All Platform content (text, logos, software, product designs) is owned by Medspher or licensors and protected under copyright, trademark, and patent laws.

2. Unauthorized use, reproduction, or distribution of Medspher’s intellectual property is strictly prohibited.

VII. Dispute Resolution

1. Complaints: Users must notify Medspher of disputes or violations via [contact email] with supporting evidence.

2. Mediation: Medspher may mediate disputes but makes no guarantees regarding outcomes. Users agree to cooperate in investigations.

3. Legal Jurisdiction:

- For mainland China users: Disputes are governed by Chinese law and resolved in Zhengzhou courts.

- For international users: Disputes are governed by Hong Kong law, with exclusive jurisdiction in Hong Kong courts.

VIII. Suspension & Termination

1. Medspher may suspend or terminate accounts for:

- Fraudulent or illegal activity.

- Misrepresentation of medical device certifications or regulatory compliance.

- Violation of intellectual property rights.

- Spam, hacking, or disruption of Platform operations.

2. Upon termination, users remain liable for obligations incurred during Platform use.

IX. Disclaimer

1. No Warranty: The Platform is provided “as is.” Medspher disclaims liability for inaccuracies in user-posted content, service interruptions, or third-party links.

2. Medical Device Risks: Users acknowledge that transactions involve medical devices subject to regulatory risks. Medspher is not liable for product misuse, non-compliance, or clinical outcomes.

3. Force Majeure: Medspher is not liable for delays/cancellations due to events beyond its control (e.g., pandemics, government actions).

X. General Provisions

1. Indemnification: Users agree to indemnify Medspher against claims arising from their breach of this Agreement.

2. Assignment: Medspher may transfer its rights under this Agreement without user consent.

3. Severability: If any clause is deemed invalid, the remainder remains enforceable.

Effective Date: 1^st March, 2025

Contact: info@medspher.com +86 18437891503