Terms of Use
Introduction
This website and its contents ("Website") is owned and operated by Aspen Pharmacare Australia Pty Ltd [A.B.N. 51 096 236 985] ("Aspen").
By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as the "Terms of Use"). The Terms of Use govern the use of this Website. Aspen reserves the right to amend these Terms of Use at any time without notice. We therefore encourage you to check this document regularly.
Applicable Law
The Terms of Use are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.
Aspen makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.
Links to Third Party Sites and Third Party Advertisements
Aspen assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Website. Except as Aspen may specifically direct otherwise, Aspen does not authorise the content of those third party websites. The Website may also contain third party advertisements which contain embedded hyper-links to websites operated by third parties. The placement of third party advertisements on this Website does not necessarily constitute the recommendation or endorsement of Aspen for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.
Competitions and Promotions
Certain parts of the Website may contain competitions or promotions from Aspen or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Aspen specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.
Material submitted by Website Users
By submitting material to any of our servers, for example, by e-mail or via the Website, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication, including material which is offensive and/or derogatory; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to Aspen and Aspen may publish the material free of charge and/or incorporate it or any concepts described in it in Aspen’s products or services without accountability or liability; (d) you agree to comply with all applicable laws when using the Website, and not use the Website to send or transmit spam; and (e) you agree not to take action against Aspen in relation to material that you submit and you agree to indemnify Aspen if any third party takes action against Aspen in relation to the material you submit.
Disclaimer and Liability
While Aspen has used its best endeavours to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, Aspen, to the extent permitted by law, does not accept responsibility for any error, omission or defect in the information.
To the fullest extent permissible by law, Aspen, its affiliated companies, and their directors, employees, agents and contractors:
(a) Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Website or results of your access, or the information, content, materials or products on the Website; and
(b) Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.
Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Aspen, its affiliated companies, and their directors, employees, agents and contractors) will Aspen, its affiliated companies and their directors, employees, agents or contractors accept any liability for any loss or damage, including for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website, or arising out of or in connection with any goods or services supplied by Aspen.
Aspen assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to or alteration of any information provided by a Website user.
Indemnity
You agree to indemnify and keep indemnified Aspen, its affiliated companies and their officers, employees, agents and contractors ("those indemnified") in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to your use of the Website (or any part of it) or the violation of these Terms of Use by you, or the infringement by you, of any intellectual property or other right of any person or entity.
Intellectual Property and Restrictions On Use Of Content
The Website is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which is owned by Aspen, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms of Use, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without Aspen's express consent.
Termination and Cancellation
Aspen reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other terms and conditions herein, Aspen will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Aspen's liability will survive such termination.