Who We Are
In these Terms and Conditions, references to “we”, “us” and “our” are to Otsuka Pharmaceutical Australia Pty Ltd. References to “our Website” or “the Website” are to www.otsuka.com.au.
Acceptance of Terms
By accessing the content of www.otsuka.com.au (the Website) you agree to be bound by the Terms and Conditions set out herein and you accept our Privacy Policy. If you object to any of the Terms and Conditions set out in this agreement, you should not use any of the products or services on the Website and should leave immediately. You agree that you shall not use the Website for illegal purposes, and will respect all applicable laws and regulations. You agree not to use the Website in a way that may impair the performance, corrupt the content, or otherwise reduce the overall functionality of the Website. You also agree not to compromise the security of the Website or attempt to gain access to secured areas or sensitive information. You agree to be fully responsible for any claim, expense, liability, losses, or costs, including legal fees, incurred by us arising from any infringement of the Terms and Conditions set out in this agreement. Nothing on this Website should be construed as the giving of advice or the making of a recommendation, and it should not be relied on as the basis for any decision or action. It is important that you rely only on a healthcare professional to advise you on your specific situation.
Scope of Use
We maintain the Website for your information, education, and communication. You may download material displayed on the Website for non-commercial and personal use only, provided you maintain all copyright and other proprietary notices contained in the materials. You may not, however, distribute, modify, transmit, reuse, repost or use the content of the Website for public or commercial purposes, including the text and images, without our written permission. You understand that we make no representation that the information in the Website is appropriate or available for use in locations outside of the Australia, and access to our Website from territories where the content of the Website may be illegal or inappropriate is prohibited. Those who choose to access the Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Modification
We reserve the right to change any part of this agreement without notice; your use of the Website will be deemed as acceptance of this agreement. We advise users to regularly check the Terms and Conditions of this agreement. We have complete discretion to modify or remove any part of this Website without warning of, or liability arising from, such action.
Limitation of Liability
We will under no circumstance be liable for indirect, special, or consequential damages including any loss of business, revenue, profits, or data in relation to your use of the Website. Neither us nor any other party involved in creating, producing or delivering the Website is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access. We assume no responsibility for, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in, the Website or your downloading of any materials, data, text or images from the Website.
No Medical Advice
The Website does not provide any medical advice. Our products are available only by prescription from a licensed healthcare professional. We are not engaged in rendering medical or similar professional services or advice, and the information provided on the Website is not intended to replace medical advice offered by a healthcare provider. If you desire or need such services or advice, you should consult a physician or professional healthcare provider.
Product Information
The information provided on the Website is intended only for residents of the Australia. The Website and its links may, however, contain information about products that may or may not be available in any particular country, territory or region of the world; they may be available under different trademarks in different countries and, where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on the Website as a promotion of or solicitation for any product or service or for the use of any product or service that is not authorised by the laws and regulations of the country where you are located. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located.
Trademarks
The trademarks, trade names, logos and service marks (collectively the “Trademarks”) displayed on the Website are registered and unregistered Trademarks of Otsuka and others. Nothing contained on the Website should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any Trademark displayed on the Website without the written permission of us or such third party that may own the Trademarks displayed on the Website. Your use of the Trademarks displayed on the Website, or any other content on the Website, except as provided in these Terms and Conditions, is strictly prohibited.
Exclusion of Warranty
While we make reasonable efforts to include accurate and up-to-date information on the Website, we make no warranties or representations as to its accuracy. We assume no liability or responsibility for any errors or omissions in the content of the Website. Without limiting the foregoing, everything on the Website is provided to you “As is” without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Prohibited Transmissions
You are prohibited from posting or transmitting any information which: (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Website.
User Submissions
You understand that anything you transmit or post may be used by us or our affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, we are free to use any ideas, concepts, know-how, processes, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing, marketing, and selling products and services using such ideas, concepts, know-how, processes, or techniques.
Copyright
All intellectual property of ours, such as trademarks, trade names, patents, registered designs and any other automatic intellectual property rights derived from the aesthetics or functionality of the Website, remain the property of Otsuka Australia Pharmaceutical Pty Ltd. By using the Website, you agree to respect the intellectual property rights of Otsuka Australia Pharmaceutical Pty Ltd and will refrain from copying, downloading, transmitting, reproducing, printing, or exploiting for commercial purpose any material contained within the Website.
Disclaimers
The information is provided on the understanding that the Website is not engaged in rendering advice and should not be wholly relied upon when making any related decision. The information contained within the Website is provided on an “as is” basis, with no warranties, expressed or otherwise, implied relating to the accuracy, fitness for purpose, compatibility or security of any components of the Website. We do not guarantee uninterrupted availability of the Website and cannot provide any representation that using the Website will be error-free.
Third Parties
The Website may contain hyperlinks to websites operated by other parties. We do not control such websites and we take no responsibility for, and will not incur any liability in respect of, their content. Our inclusion of hyperlinks to such websites does not imply any endorsement of views, statements or information contained in such websites.
Governing Law and Jurisdiction
This Agreement will be governed by the laws of Australia and any user of the Website hereby agrees to be bound exclusively by the jurisdiction of the Australian courts without reference to rules governing choice of laws.