Terms of Use
The ICN Health Limited Website ("Website") is owned and operated by ICN
Health Limited ("ICN Health") (ABN 25 114 249 562). Your access to the
Website is conditional upon your acceptance and compliance with the terms, conditions,
notices and disclaimers contained in this document and elsewhere on the Website
(known collectively as "Website Terms of Use"). Your use of, and/or access
to, the Website constitutes your agreement to the Website Terms of Use. ICN Health
reserves the right to amend the Website Terms of Use at any time. Since you are
bound by these Website Terms of Use, you should periodically refer to them in this
document and elsewhere on the Website.
All information, text, material, graphics, software and advertisements on the Website
("Content") are Copyright 2005 -
2012
ICN Health unless expressly indicated otherwise on the Website. The Content is protected
by Australian and international copyright and trademark laws. Content on the Website
is published in real-time, and you must not modify, copy, reproduce, republish,
frame, upload to a third party, post, transmit or distribute this Content in any
way except as expressly provided for on the Website or expressly authorised in writing
by ICN Health. Use of the Website is strictly on the condition that you keep all
Content intact and in the same form as presented on the Website (including without
limitation all copyright, trademark and other proprietary notices and all advertisements),
you may: a) using an industry-standard Web browser, download and view the Content
for your personal, non-commercial use, or b) if you are an organisation or company,
view the content in order to assess the merits of the information contained on the
Website for your organisation or company. You must not use the Website in any manner
or for any purpose which is unlawful or in any manner which violates any right of
ICN Health or which is prohibited by the Website Terms of Use.
The Trade Practices Act and similar State and Territory Legislation in Australia
may confer rights and remedies on you in relation to the provision by ICN Health
of goods or services on the Website which cannot be excluded, restricted or modified
("Non-excludable Rights"). ICN Health does not exclude any Non-excludable
Rights but does exclude all other conditions and warranties implied by custom, law
or statute.
Except as provided for by the Non-excludable Rights: a) all Content is provided
"as is" and without warranties of any kind, either expressed or implied,
b) ICN Health and its suppliers expressly disclaim all warranties of any kind including
but not limited to implied warranties of merchantability and fitness for a particular
purpose, c) ICN Health does not warrant that the functions contained in any Content
or your access to the Website will be uninterrupted or error-free, that any defects
will be corrected or that the Website or the server which stores and transmits Content
to you are free of viruses or any other harmful components, d) ICN Health does not
warrant or make any representation regarding your access to, or the results of your
access to, the Website (including any related or linked websites) or any Content
in terms of correctness, accuracy, timeliness, completeness, reliability or otherwise,
and e) you (and not ICN Health) assume the entire cost of any necessary verification,
maintenance, repair and/or correction of any relevant Content.
Under no circumstances (including but not limited to any act or omission on the
part of ICN Health) will ICN Health be liable for any indirect, incidental, special
and/or consequential damages or loss of profits whatsoever which result from any
use or access of, or any inability to use or access, the Website or any Content.
You expressly acknowledge and agree that ICN Health does not exert control over
users of the Website (including individuals referred to on the Website as guests
and experts) and is not liable either for their opinions or their behaviour including
any information and/or advice and any defamatory statements or offensive conduct.
To the fullest extent permitted by law, ICN Health's liability for breach of any
implied warranty or condition which cannot be excluded is limited at the option
of ICN Health to the following:
- in the case of services supplied or offered by ICN Health, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
- in the case of goods supplied or offered by ICN Health, (c) the replacement of the goods or the supply of equivalent goods, (d) the repair of such goods, (e) the payment of the cost of replacing the goods or acquiring equivalent goods, or (f) the payment of the cost of having the goods repaired.
