Terms and Conditions for WhatsApp™ Business API communication with Coloplast

Company Name: Coloplast do Brasil Ltda. (“Coloplast”)

Introduction

These terms and conditions (“Terms”) govern your use of the WhatsApp™ Business API (“API”) provided by Coloplast (“Company”). By accessing or using the API, you (the “User”) agree to be bound by these Terms. If you do not agree to these Terms, do not access or use the API.

Company has entered into contract with Genesys Cloud Services B.V. (“Genesys”) as service provider of the API solution (communication platform). For more information about Genesys please visit their website here.

License

Subject to these Terms, the Company grants the User a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the API solely for the purpose of communicating with the Company.

Restrictions

You agree not to, and not to allow any third party to: (i) use the API for any purpose other than communicating with the Company, (ii) sell, license, sublicense, distribute, transfer, copy, reproduce, display, publish, or otherwise use the API for any commercial or unauthorized purpose, (iii) modify, make derivative works of, reverse engineer, disassemble, decompile, translate, or otherwise attempt to access or derive the source code of the API, (iv) remove or modify any proprietary or copyright notices or labels, or (v) use the API in any manner that exceeds reasonable request volume or constitutes excessive or abusive usage.

Ownership

The API and all intellectual property rights in or relating to the API (including but not limited to patents, copyrights, trademarks, trade secrets, and any other proprietary rights) are and will remain the sole and exclusive property of the Company or Genesys.

Warranty Disclaimer

THE API IS PROVIDED “AS IS” AND WITHOUT WARRANTY OF ANY KIND. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Limitation of Liability

IN NO EVENT WILL THE COMPANY BE LIABLE FOR ANY LOST PROFITS, LOSS OF USE, LOST SAVINGS, INTERRUPTION OF BUSINESS, OR FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE API, HOWEVER CAUSED, WHETHER UNDER CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Termination

The Company reserves the right to discontinue or terminate the use of WhatsApp™ as a communication channel at any time without notice.

Changes to Terms and Conditions

The Company reserves the right to change these terms and conditions at any time. Your continued use of WhatsApp™ to communicate with the Company after any changes to these terms and conditions have been made constitutes your acceptance of the revised terms and conditions.

Governing Law

These terms and conditions shall be governed and construed in accordance with the laws of the jurisdiction in which the Company operates.

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By using WhatsApp™ to communicate with the Company, the User acknowledges that the User has read, understood, and agreed to these terms and conditions.

Communication permission through WhatsApp™

Accepting these terms and conditions allows the Company to activate WhatsApp™ as a secure communication channel via the software interface (API). What is being communicated is still dependent on the consent the Company holds for the User, as stated in the privacy policy.

The communication is limited to

The Company aligns with the WhatsApp™ Business Messaging Policy, and WhatsApp™ Commerce Policy and further limits the communication to the below topics. Please note that, as per WhatsApp™ Business’s Commerce Policy, it is not permitted to directly buy products from the Company through WhatsApp™. You can expect conversations on the following topics through WhatsApp: