TERMS OF USE

Last Updated: 16th November 2018

Please read the following terms and conditions carefully before using this site (the “Terms”).

What’s in these Terms?

These Terms tell you the rules for using our website https://www.alfredgera.com/ (the “Site”) and provide you with pertinent information on the areas listed below:

1 Who we are and how to contact us

“https://www.alfredgera.com/” is a site operated by Alfred Gera & Sons Limited (“we“; “us”; “our”). We are registered in Malta under company number C120 and have our registered office at of 10, Triq il-Masgar, Qormi, Malta, European Union.

We are a leading distributor in Malta, and specialise in the distribution of pharmaceuticals, grocery and personal care products and also offer a range of specialised healthcare related services.

To contact us, please email us at info@alfredgera.com or telephone our customer service line on +356 2144 6205.

2 By using our Site, you accept these terms

By using our Site, you confirm that you accept these Terms and that you agree to comply with and be legally bound by them, which shall take effect immediately upon your first use of the Site.

We therefore recommend that you take the time to familiarise yourself with the contents of these Terms, and that you print a copy for future reference.

If you do not agree to these Terms, you must not use our site.

3 There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our Site:

  • Our Privacy Policy, which sets out and describes our practices with regards to processing personal data  which we collect through the Site.
  • Our Cookie Policy, which sets out information about the cookies on our Site.

4 We may make changes to these terms

We may amend these Terms from time to time by posting notice of the changes online. Every time you wish to use the Site, please check these Terms to ensure you understand the terms that apply at that time and that you are aware of any changes which have been made by us.

These terms were mostly recently updated on 16th November 2018.

5 We may make changes to our Site

We may update and change our Site from time to time to reflect changes to our products, our users’ needs and our business priorities.

6 We may suspend or withdraw our Site

We do not guarantee that our Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our Site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal, but have no obligation to do so.

You are responsible for ensuring that all persons who access our Site through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them in full.

7 How you may use material on our Site

We are the owner or the licensee of all intellectual property rights in our Site, and in the material published on it.  Those works are protected by copyright laws and other intellectual property laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our Site for your personal (non-commercial) use. Moreover, you may draw the attention of others within your organisation to content posted on our Site.

You may not, however, copy (except as expressly stated otherwise), broadcast, transmit, show, perform or communicate to the public any of the content found on the Site for any purpose whatsoever, without our prior written permission.

In addition, you must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our Site must always be acknowledged.

You must not use any part of the content on our Site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Site in breach of these Terms, your right to use our Site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

8 Do not rely on information on this site

The content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Furthermore, although we make reasonable efforts to update the information on our Site, we make no representations, warranties or guarantees, whether express or implied, that the content on our Site is accurate, complete or up to date.

9 We are not responsible for websites we link to

Where our 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 us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

10 Minors

Our Site and related services are not intended for minors, and we do not knowingly collect information relating to minors. If you are a parent or guardian and you are aware that that your child (being a minor) has provided us with personal Information, please contact us. If we become aware that we have collected personal information about a minor without verification of parental consent, we take steps to remove that information from our servers.

11 No Warranty

You acknowledge that the Site has not been designed or developed to meet your particular, individual needs. Therefore, to the maximum permitted under applicable law, you accept that the Site is strictly being made available to you “AS IS” and “AS AVAILABLE”, with all faults and without warranty of any kind.

We hereby disclaim all warranties and conditions with respect to the Site, whether express, implied or statutory, including, but not limited to, warranties relating to their performance, quality and merchantability or their fitness for a particular purpose or their non-infringement of third party rights.

You also acknowledge that we do not warrant against interference with your enjoyment of the Site, that the functions contained in, or services performed or provided by the Site will meet your requirements and/or achieve the intended results, that the operation of the Site will be uninterrupted or error-free, that the Site will be compatible or work with any third-party software, applications or third-party services, or that Site will be corrected.

Furthermore, you also acknowledge and accept the risk that the use of the Site may affect the usability of third party software or applications, and that the entire risk as to its quality and performance lies solely with you.

No oral or written information or advice that may be furnished by us or any of our authorised representatives shall, under any circumstance, be construed as a departure or deviation from the above disclaimers.

12 Our responsibility for any loss or damage suffered by you in connection with your use of the Site

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so.
  • 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 terms and conditions of supply as made available to you at time of order or purchase.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Site or any content on it.
  • 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:
  1. use of, or inability to use, our site; or
  2. use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

  1. loss of profits, sales, business, or revenue;
  2. business interruption;
  3. loss of anticipated savings;
  4. loss of business opportunity, goodwill or reputation; or
  5. any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If any defective digital content that we have supplied to you, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation.

13 We are not responsible for viruses and you must not introduce them

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 programmes and platform to access our Site. You should use your own virus protection software.

You must not misuse our Site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site (including by using any robot, spider, scraper, or any other automated means). You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. In addition, you must not use the Site to harvest information.

By breaching this provision, you would commit a criminal offence in terms of Maltese law. 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 our Site will cease immediately.

14 Rules about linking to our 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 our Site in any website that is not owned by you.

Our Site must not be framed on any other website, nor may you create a link to any part of our 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 our Site other than that set out above, please contact info@alfredgera.com.

15 Which country’s laws apply to any disputes?

If you are a consumer, please note that these Terms, their subject matter and their formation, are governed by Maltese law. You and we both agree that the courts of Malta shall have exclusive jurisdiction to settle and decide any and all disputes (whether contractual or non-contractual) arising from these Terms and/or your use of the Site.

If you are a business user, these Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by Maltese law. You and we both agree that the courts of Malta shall have exclusive jurisdiction to settle and decide any and all disputes (whether contractual or non-contractual) arising from these Terms and/or your use of the Site.