Terms of Use
This website ("Site") is owned by Viatris Pty Ltd ABN 29 601 608 771 (referred to in these Terms of Use as "we", "our" or "us"). Your use of this Site is governed by these Terms of Use. By accessing and browsing this Site and using any services offered through this Site, you agree to be bound by these Terms of Use and that our Privacy Policy (available at http://www.ferrogradc.com.au/privacy-policy/) ("Privacy Policy") will apply to the personal information we collect about you. You should review our Privacy Policy and these Terms of Use carefully and immediately cease using this Site if you do not agree to these Terms.
1. Definitions and Interpretation
In these Terms of Use, unless the context otherwise requires:
"Harmful Code" means any computer code or routine that is harmful, destructive, disabling or that assists in or enables theft, alteration, denial of service, unauthorised disclosure or destruction or corruption of data (including viruses, worms, spyware, adware, ransomware, keyloggers and trojans), but excluding passwords, software keys and like features that are security features or intended elements of software used to prevent unauthorised access and use.
"Intellectual Property" includes copyright in the design of, and all content appearing on this Site, trade marks (including logos), domain names, rights in computer software, databases and lists, confidential information, know-how and trade secrets, whether registered or unregistered.
"Organisation" means an organisation on behalf of whom access, or use, of this Site is made.
"you" means:
- any person who accesses and uses this Site; and
- where an individual accesses or uses this Site for or on behalf of an Organisation, the Organisation on whose behalf such access or use is made.
Where the context permits, references in these Terms of Use to a "person" include an individual, firm, company, corporation or unincorporated body of persons, any public, federal, state, territorial or regional authority, any government, and any agency of any government or of any such authority and use of the term "including" or "includes" means "including (or includes) without limitation".
2. Content
The content on this Site has been prepared for the use and information of residents in Australia and accordingly this Site and its contents are designed to comply with Australian law. The brands and any other names used for products, and regulation of their supply, may vary between countries and, accordingly, the content of this Site is not intended to be accurate for persons outside Australia.
While this Site may make reference to medical conditions and their treatment, it is not intended to be relied on to provide specific medical diagnosis or as a substitute for medical advice. You should seek and rely on medical advice from your healthcare professional in relation to all matters concerning your health.
While all reasonable efforts are made to include accurate and up-to-date information on this Site, we have no liability or responsibility for any errors or omissions in the content of this Site.
The inclusion on this Site of any information about a particular product does not constitute a representation or warranty that the product is available in any particular place or at all.
3. Intellectual Property
All Intellectual Property in this Site and its content, including the text, graphics and other copyright works displayed on this Site, is owned by us (or our relevant content supplier) and is protected by copyright, trade mark and other laws. We are the exclusive owner of all rights in the compilation, design and layout of this Site. You may not use any of the content on this Site without our express written permission, except as provided in these Terms of Use or as expressly permitted by law. The inclusion of any content on this Site, or your use of this Site and use of and access to any content on it, does not grant or transfer any rights, title or interest to you in relation to this Site or the content.
You may not use any of our trade marks without our prior written consent, except to legitimately identify our products or services.
No part of this Site may be:
- distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
- resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form);
We do not warrant nor represent that your use of any of the content of this Site will not infringe the rights of third parties not owned by or affiliated with us.
4. Authority
If you are accessing or using this Site for or on behalf of an Organisation, you warrant that you have the appropriate authority and power to do so on behalf of the Organisation and are authorised to accept these Terms of Use on behalf of the Organisation.
5. Additional Terms
You may need to agree to additional terms and conditions for any promotions or competitions which may be available to you from time to time through this Site, prior to being able to participate in such promotions or competitions. Any such additional terms and conditions must be read in conjunction with these Terms of Use. In case of any inconsistency between those additional terms and conditions and these Terms of Use, those terms and conditions will prevail.
6. Your Responsibilities
You agree to use this Site only for the purpose for which it is being provided. You agree not to use this Site for any improper, injurious, offensive or unlawful purposes. You agree not to damage or disrupt this Site.
You are responsible for making your own assessment of the suitability of this Site and the information available from this Site, for achieving your purposes.
You are responsible for any actions you take based on information obtained through this Site, and all outcomes resulting from your use of that information.
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders or decisions of all relevant regulatory bodies that apply to this Site or any of the information made available to you through this Site.
Without limiting the foregoing, you must not:
- use the Site for anything that would breach a person's privacy or disclose private, confidential or secure information;
- use the Site to defame us, our employees or other individuals;
- upload or otherwise transmit to this Site any Harmful code; or
- post or transmit to this Site any non-authorised material including material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, abusive, obscene, indecent, violent, threatening, pornographic, infringes a person's Intellectual Property, is unlawful, is fraudulent, deceptive, or misleading, constitutes spamming or 'trolling' or contains commercial sales messages, or otherwise or which is detrimental to our or any other person's systems or network security.
If this Site permits you or any other user to post any information to it, this does not mean that we authorise or endorse any information you may post to this Site or that is posted to this Site by any other user. We reserve the right to take down this information at our sole discretion and without notice.
You are responsible for protecting the device from which you access this Site, and any of your other software and systems, from Harmful Code that may be transmitted from this Site by installing and implementing your own security and system checks.
7. Accessibility and Functioning of this Site
We will use our best efforts to ensure that this Site is free from defects and Harmful Code at all times and will also endeavour to ensure this Site is available at all times other than during periods of maintenance. However, we do not warrant that this Site will function uninterruptedly or without errors or defects, that it will be secure or free from Harmful Code, or that information provided on or through this Site will be complete, accurate, up-to-date or suitable for your purposes.
8. Disclaimer
The information provided on this Site is for general guidance only and should not be relied on for medical advice. You must make your own assessment and seek medical and professional advice of the suitability and appropriateness of any products featured on, and the information contained on, this Site for your particular use.
Any forward looking statements on this Site, including statements about future performance and solutions, may rely on a number of assumptions concerning future events and be subject to a number of uncertainties and other factors, which may be outside our control and which could cause actual results to differ materially from such statements.
9. Exclusions and Limitations of Liability
Provisions of the Australian Consumer Law may confer on you rights which cannot be excluded, restricted or modified at all or except to a limited extent. Nothing in these Terms of Use operates to exclude, restrict or modify the application of any condition, warranty or provision, the exercise of any right or remedy, or the imposition of any liability where to do so would contravene the Australian Consumer Law or any other statute or cause any of these Terms of Use to be void. Subject to the foregoing paragraph, your use of this Site is entirely at your risk. To the fullest extent permitted by law, including the Australian Consumer Law:
- we will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with your access to or use of this Site or the content on or accessed through it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date;
- all warranties, representations and guarantees, (whether expressed, implied, or statutory) in relation to this Site or any of its content are excluded, including any implied warranties of merchantability, fitness for a particular purpose or non-infringement of Intellectual Property; and
- if you are using this Site or its content for business purposes, our liability is limited to the re-supply of services acquired for this purpose.
The exclusions and limits set out in these Terms of Use will also operate for the benefit of our relevant suppliers, licensors and agents which we use to provide this Site.
10. Indemnity
You agree to indemnify us and our relevant suppliers, licensors and agents in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client base or otherwise) suffered or incurred by any of those indemnified persons as a result of any inaccurate or incomplete information provided by you to us or any breach by you of any of your obligations under these Terms of Use (including, where applicable, any acts or omissions of your employees, contractors or agents).
11. Confidentiality
Any communication or material transmitted to this Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit, including ideas, suggestions, information or other material, becomes our property and may be used reproduced, published, modified, adapted and transmitted without restriction.
Internet transmissions are never entirely secure or private and any information you provide through this Site may be read or intercepted by others. We will not have any liability for the interception, 'hacking' or other unauthorised access of information through this Site.
12. Third Party Websites
This Site contains links to third party websites. These websites have not been prepared by and are not controlled by us. Links to third party websites are provided for your convenience only do not imply that we check, endorse, approve or agree with any of the content on, or goods or services available through or promoted on, those websites.
13. Hyperlinking
You may not link from any website to this Site in any way without our prior written consent. If you wish to link to any part of this Site please email your request to medinfo_anz@mylan.com. We reserve the right to prohibit links to this Site and you agree to remove or cease any link upon our request. You may not incorporate any part of the material on this Site into any other website by use of framing.
14. Governing Law
This Site and its Terms of Use is governed by and the laws of New South Wales and you submit to the non-exclusive jurisdiction of the New South Wales courts.
15. Amendments
We may at any time amend these Terms of Use with immediate effect. You should therefore periodically visit this page to review the then current Terms of Use by which you are bound. By continuing to use this Site after any such amendment, you are deemed to have agreed to the amended Terms of Use.
16. Privacy
You agree that the Privacy Policy governs the collection, use, disclosure and storage of your personal information by us.
Where you provide personal information to obtain any information or to create an account with us or to participate in any promotion or competition through this Site, that personal information must be correct, complete and up-to-date. If you are providing personal information about any person other than yourself, you warrant that you are authorised to provide that information.
If we provide you with a user name and password you are responsible for keeping this user name and password secure and are responsible for all use of, and activity carried out under, this user name.
17. Contact Us
If you have any questions or concerns in relation to this Site or these Terms of Use, please contact us.
