These terms and conditions of use (Terms) cover your access to and use of this website www.actelion.com.au (Website) provided by Actelion Pharmaceuticals Australia Pty Limited ABN 32 097 278 512 (Actelion) including any information and any use of the adverse event report form (Adverse Event Report) available on this website. Your access to and browsing of this Website means you agree to abide by these Terms. If you do not agree with all of these Terms including our privacy policy (which forms part of these Terms), do not access or use this Website or any information or materials contained on the Website. Therefore, we urge you to read the Terms carefully prior to using this Website. Please note that Actelion may amend these Terms and any of our policies relating to the Website, at any time, at our discretion and without notice. Any such amendments are effective upon being published on this Website or as otherwise notified. You are responsible for reviewing these Terms regularly. Continued use of this Website after any such amendments constitutes your consent to such amendments.

1. Non-commercial and personal use only

Unless explicitly stated otherwise, this Website is protected by copyright. Therefore, you may download, electronically copy, print or display any information included in this Website for non-commercial and personal use only. The distribution, modification, transmission or use of any content or data on the Website including all text, images, graphics, video, information or any materials on the Website (Content) for public or commercial purpose is expressly prohibited. Any exception requires the prior written consent of Actelion. However, Actelion does not warrant or represent that your use of any information contained in this Website will not interfere with the rights of a third party.

2. Copyright, trademarks and other property rights

The copyright, trademarks, patents, proprietary information, products or other property rights included in or referred to on this Website (the “Rights”) are the exclusive property of Actelion or other respective owners that have granted Actelion the right and license to use such Rights. No license to or right in any of the Rights is granted to or conferred upon you, except where specific use is authorised under trademark law or other laws.

You agree you will not alter or remove any copyright, trade mark or other proprietary notice of ours or of any other company or person appearing on this Website.

3. Your access to the Website

You must not, to the maximum extent permitted by law, reverse engineer, translate, adapt or modify any software used in connection with this Website or post or transmit on the Website any content that contains viruses or other harmful computer code, files or programs designed to interrupt, limit of destroy the functionality of any computer software or hardware.

You must not use any device, software or routine to interfere or attempt to interfere with the proper working of this Website.

4. Linking and framing

Links to this Website are only permitted to the homepage. Deep-linking is not permitted. In addition, hot-linking, in-line linking, framing of this Website or any other method of incorporating parts of this Website in your website or the website of a third party is equally prohibited. Any exception requires the prior written consent of Actelion.

5. Links to third-party sites

As a service to visitors, this Website may contain links to other sites on the Internet that are owned and operated by third parties (the “Third Party Sites”). Please note that Actelion has no control over these Third Party Sites and that your linking to these Third Party Sites is at your own risk and subject to the legal statement and privacy policy of the linked site. You further understand that Actelion does not approve nor survey any Third Party Sites. Actelion has no responsibility or liability of any kind for these linked Third Party Sites.

6. User chat rooms / User participation

While Actelion is under no obligation of any kind to monitor or review any chat rooms, bulletin boards or other similar areas on the Website as well as the content of any such communications, Actelion may do so occasionally. Actelion does not take any responsibility or liability associated with the content of any such communication platforms, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise. You are explicitly prohibited from transmitting or posting any unlawful, libellous, threatening, obscene, pornographic or profane material or any material violating the law. Please note that Actelion will fully cooperate with any court order or law enforcement authorities requesting Actelion to disclose the identity of any person transmitting or posting such material. In addition, Actelion reserves the right to, but is not bound to do so, remove or block any communications or material that it considers to be (i) abusive, obscene, deceptive, misleading, offensive or defamatory, (ii) in violation of any intellectual property right, such as copyrights or trademark, (iii) in violation of any law or regulation, or (iv) otherwise unacceptable to Actelion at its sole discretion.

7. No confidential treatment of user submissions

Unless subject to our “Privacy Policy” available here and the privacy statement relevant to an Adverse Event Report completed by you which is available here, any communication or material you transmit to this Website by electronic mail or by any other means, including but not limited to, any comments, questions, suggestions or the like will be treated as non-confidential and non-proprietary. Actelion is entitled to make use of anything you transmit or post for any purpose, including but not limited to, transmission, publication, disclosure, reproduction and posting as well as in developing, manufacturing, promoting and marketing Actelion's products. Subject to these Terms and our Privacy Policy, please note that you waive all your rights related to any such transmitted communications or material.

8. Accuracy of information

Actelion provides this Website and all Content on an "as is" basis. While Actelion tries to keep the information on the Website as accurate, complete and up to date as possible, Actelion does not represent or make any warranty in respect of the accuracy, reliability, completeness, currency of any of the Content, contained in or distributed through, or linked, downloaded or accessed from this Website or any information obtained from using this Website.

9. Liability

You use this Website at your own risk. You assume full responsibility and risk of loss resulting from your downloading, use of, access to or reliance on any content available on or through this Website. Subject to any condition, warranty or right implied by, or any statutory consumer guarantee contained in, any law (including the Competition and Consumer Act 2010 (Cth)) which cannot by law be excluded by agreement:

(a) Actelion gives no warranties and you have no other rights, apart from those expressly set out in these Terms; and

(b) all implied conditions, guarantees, warranties and rights are excluded.

Actelion excludes, to the maximum extent permitted by law, any liability which may arise as a result of your use of this Website or any Content. Where liability cannot be excluded, any liability incurred by Actelion is, to the extent permitted by law, limited as provided and as per our option under section 64A of the Australian Consumer Law in Schedule 2 to the Competition and Consumer Act 2010 (ACL). Subject to the provisions of this clause, and despite any implication arising from any other provisions of these Terms, Actelion is not, and will not be, liable to you in contract, in tort (including negligence), under any statute (to the extent permitted by law) or otherwise for, or in respect of any direct or indirect, costs or damages or special or consequential loss that you incur or are liable for in connection with your use of this Website including but not limited to any loss or claim relating to use of any Content obtained through the Website including but not limited to if caused by any computer virus including a virus passed from this Website to your computer or other device or any third party computer, or loss of online connection to this Website or interruption to access to this Website. Any reliance you place on, or any act done based on or in response to, the Content or this Website will be at your own risk.

10. Indemnity

You indemnify Actelion against any loss or damage of any kind suffered by you in relying on the Content or this Website. You also indemnify Actelion against all losses, expenses, costs or damages of any kind suffered by Actelion or any other person resulting from your breach of these Terms.

11. Termination

Actelion reserves the right to immediately terminate your access to all or any part of this Website if you breach any of these Terms or otherwise on reasonable notice.

12. Availability of the Website

While Actelion tries to ensure that the Website including the Content, functionality, performance and features are available continuously, Actelion does not represent or warrant that access will be secure, error free, uninterrupted or timely or that the Website or the related server are free of viruses, bugs or other harmful applications or interference.  You are responsible for implementing sufficient procedures and virus checks to satisfy your own requirements. Actelion may suspend your access to the Website without prior notice due to maintenance, system failure, repair or for any other reason beyond our control. Actelion reserves the right to interrupt or discontinue any and all of the functionalities of the Website and takes no liability whatsoever for any interruption or discontinuance of any or all of the functionalities of the Website.

13. General

These Terms are governed by the laws of New South Wales, Australia. You submit to the jurisdiction of the courts of that State. If any provision or part of these Terms is for any reason declared invalid or unenforceable, the validity of the remaining portion is not to be affected and the remaining portion is to remain in full effect. These Terms record the entire agreement between Actelion and you in relation to your use of this Website and any Content.

Last updated December 2015

 

Contact

Actelion Pharmaceuticals Australia Pty Ltd
Suite 6
13B Narabang Way Belrose
NSW 2085
Australia
Contact
Tel.:+61 2 9486 4600
Fax:+61 2 9986 1344
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