These terms and conditions, together with the Multigate Medical Devices Pty Ltd Privacy Policy (“Conditions”) govern your use of and access to the Multigate Medical Devices Website (“Website”).
We may change all or parts of the Conditions at any time. If we do, the new Conditions will be posted on our website. Your subsequent or continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Conditions, your only remedy is to immediately discontinue your use of the Website.
These terms and conditions of use were last updated on 21.11.2013.
The Multigate Medical Devices Website
While we use reasonable endeavours to ensure that the Website is available continuously, we do not make any representations or warranties that your access will be uninterrupted,
timely, secure or error free. Your access to the Website may be suspended without notice in the case of system failure, maintenance or repair or any reason beyond our control.
Except as expressly provided otherwise in the Conditions, we reserve the right to change or discontinue any website, feature or service (or part thereof) on the Website at any time.
Your conduct
You must not:
(a) use the Website in breach of any applicable laws or regulations;
(b) use the Website (or Material obtained from the Website):
to transmit (or authorise the transmission of) “junk mail,” “chain letters,” unsolicited
emails, instant messaging, “spimming,” or “spamming”;
to impersonate any person or entity;
to solicit money, passwords or personal information from any person;
to harm, abuse, harass, stalk, threaten or otherwise offend others; or
for any unlawful purpose;
(c) interfere with, disrupt, or create an undue burden on the Website;
(d) use any robot, spider, or other device or process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Website;
(e) use the Website with the assistance of any automated scripting tool or software;
(f) frame or mirror any part of the Website without our prior written authorisation;
(g) use code or other devices containing any reference to the Website to direct other persons to any other web page;
(h) except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Website or cause any other person to do so; or
(i) delete any attributions or legal or proprietary notices on the Website.
Notifying us
If you think that the Website has been accessed or used by another user in breach of the Conditions, please email us at enquiries@mdevices.com.au. We’ll consider whether there are grounds for taking any action, but you won’t necessarily be contacted as to our decision.
Intellectual Property
Except where expressly provided otherwise in the Conditions, you do not have any right, title or interest in or to any proprietary rights relating to the Website.
The Website contains Material that is protected by copyright, trade mark and other laws. Except where expressly provided otherwise in the Conditions, you may reproduce and display the Material on the Website for your own personal, non-commercial use only.
Except for the temporary copy held in your computer’s cache and a single permanent copy for your personal reference, the material may not otherwise be used, stored, reproduced, published, altered or transmitted in any form or by any means in whole or part without our prior written approval or the written approval of our licensor.
In particular, you may not use any Material on the Website to establish, maintain or provide, or assist in establishing, maintaining or providing your own publications, Internet site or other means of distribution. Nothing displayed on the Website should be construed as granting any right of use in relation to any logo, masthead or trade mark displayed on the Website without the express written consent of the relevant owner.
Disclaimer
You use the Website at your sole risk.
Except where expressly stated otherwise, Material on the Website is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
We do not make any representation or warranty that any Material on the Website will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
We will not be liable for loss resulting from any action or decision by you in reliance on the Material on the Website, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
You acknowledge that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Website in any circumstance.
Limitation of liability
You use the Website at your sole risk.
To the extent permitted by law, we exclude all conditions and warranties relating to your use of the Website that are not expressly set out in the Conditions. To the extent that our liability for breach of any implied warranty or condition cannot be excluded by law, our liability will be limited, at our option, to:
(a) in the case of services supplied or offered by us:
the re-supply of those services; or
the payment of the cost of having those services re-supplied; and
(b) in the case of goods supplied or offered by us:
the replacement of the goods or the supply of equivalent goods;
the repair of the goods;
the payment of the cost of having the goods replaced; or
the payment of the cost of having the goods repaired.
In relation to any express warranty or condition set out in the Conditions in connection with goods or services supplied or offered by us via the Website, our liability to you will be limited to the amount(s) paid by you (if any) in respect of those goods or services.
In no circumstances will we be liable to you for any indirect, incidental, special and/or consequential losses or damages (including loss of profits, revenue, production, goodwill, data or opportunity) of whatever nature howsoever arising in connection with the Website.
Indemnity
You agree to fully indemnify and hold us harmless against any expenses, costs, loss (including consequential loss) or damage that we may suffer or incur as a result of or in connection with your use of, access to or conduct in connection with the Website, including any breach by you of the Conditions.
Severability
If any provision of the Conditions is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Conditions, which shall remain in full force and effect.
No waiver
No waiver of any term of the Conditions shall be deemed a further or continuing waiver of such term or any other term. Any failure to assert any right under the Conditions shall not constitute a waiver of such right.
Affirmation regarding age
By using the Website, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
Applicable law
These Conditions shall be construed in accordance with and governed by the laws of New South Wales, Australia. You consent to the exclusive jurisdiction of the courts in New South Wales Courts to determine any matter or dispute which arises under the Conditions.
Definitions
In these terms and conditions:
“Conditions” means these terms and conditions, together with the Multigate Medical Devices Privacy Policy and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Website.
“Material” means text, illustrations, photos, audio, video, any combination of these or other material.
“Us”, “we” or “our” means Multigate Medical Devices Pty Ltd and/or its related bodies corporate.