ICB Medical Distributors P/L (ABN 68 093 126 133) (“ICB”) maintains this website (the “Site”) for your information, education, and communication. Your access and use of the Site is subject to the following terms and conditions (the “Terms of Use”) and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, the Terms of Use and the terms and conditions of ICB’s Privacy Policy.
1. All material on the Site is protected by copyright unless otherwise indicated and may not be used except as permitted in these Terms of Use or in the text on the Site. If you are browsing this Site as a non-commercial user, you may download material displayed on the Site for your non-commercial, personal use only. If you are browsing this Site as an employee/agent/member of any business or organization, you may download material displayed or available on the Site only for non-commercial purposes within your business or organization. This permission is conditional on your retaining all copyright and other proprietary notices contained on or in the materials contained in the Site and on your compliance with those notices and the Terms of Use. You may not distribute or transmit (except within your business or organization), modify, reuse, republish, report, frame, upload to a third party or use the contents of the Site (including without limitation the text, images, audio, and video) for public or commercial purposes without ICB’s express written permission. You agree not to infringe the copyright or other intellectual property rights belonging to ICB, its affiliates or its third party content providers.
2. Your use of the Site is at your risk. ICB makes no warranties or representations as to its accuracy or completeness. ICB specifically disclaims any liability or responsibility for any errors or omissions in the content on the Site whether ICB is aware of such errors or omissions or not. To the fullest extent permitted by law, neither ICB nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, special, punitive or exemplary damages or any loss of business, interest, goodwill, revenue or profit, or loss or corruption of data, arising out of your access to, or use of, or inability to use or access, the Site. Without limiting the foregoing, and to the fullest extent permitted by law, everything on the Site 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 the Trade Practices Act 1974 and similar State and Territory legislation in Australia may confer rights and remedies on you in relation to the provision by ICB of goods or services on the Site which cannot be excluded, restricted or modified (“Non-excludable Rights”). Notwithstanding the foregoing paragraph, ICB does not exclude any Non-excludable Rights but does exclude all other conditions and warranties, whether implied by custom, law or statute.To the fullest extent permitted by law, ICB’s liability for breach of any implied warranty, condition or undertaking which cannot be excluded is limited, at the option of ICB, to: (a) in the case of services, the supply of the services again or the payment of the cost of having services supplied again; and (b) in the case of goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods, or the payment of the cost of having the goods repaired.
3. ICB assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or other property on account of your access to, or use of the Site or your downloading of any materials, data, text, images, video, or audio from the Site. ICB also assumes no responsibility, and shall not be liable, for any interruptions or errors in access to the Site or the accuracy, timeliness, completeness, security or reliability of any communications (including, without limitation, any transactions) made through or in relation to the Site.
4. ICB does not wish to receive any product, marketing, advertising or other idea that is not covered by an issued Australian patent. If you send any communication or material to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, all such communications are, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by ICB or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, and posting. You grant to ICB an irrevocable, perpetual, unrestricted, royalty-free worldwide licence to use, copy, sublicense, modify, redistribute or otherwise deal with such information or materials including, without limitation, and without any compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products or services using such information.
5. ICB is not responsible for the content of any site linked to from the Site. Your linking to any other site is entirely at your own risk. While ICB may provide links on the Site to other sites, the inclusion of such links is for your convenience only and should not be interpreted as an endorsement of the owner/sponsor of the site linked to or its content. Subject to any Non-Excludable Rights, ICB disclaims all warranties, express and implied, as to the accuracy, validity, legality or otherwise of any materials or information contained on such sites.
6. If ICB provides you with user details to facilitate your use of or access to the Site (“User Details”), or a particular section of the Site, you must not disclose your User Details to any other person. It will be your responsibility to ensure that your User Details are not disclosed to any other person. You are solely responsible for all activities that occur using your User Details including, without limitation, all activities authorised or unauthorised, lawful or unlawful, which utilise your User Details. ICB is entitled to act on instructions received under your User Details. ICB cannot and will not be liable for any changes made to your User Details by another person using your User Details, or for any loss or damage arising from your failure to adequately protect your User Details. For security purposes, you should memorise (and not write down) your User Details.
7. You agree to indemnify ICB and keep ICB indemnified against all actions, proceedings, losses, liabilities, claims, damages, demands, costs and expenses suffered or incurred by ICB as a result of or in connection with any negligent act or omission, use or misuse of the Site, violation of the rights of another user of the Site, or a breach of these Terms, by you or anyone using your User Details.
8. ICB may terminate this agreement and your access to the Site at any time without notice. In the event of termination, you are no longer authorised to access the Site, but any and all restrictions imposed on you under the Terms of Use, and licences granted by you to ICB, and any ICB disclaimers and limitations of liability will survive such termination.
9. Failure of ICB to insist upon strict performance of any provisions of the Terms of Use shall not be deemed a waiver of its rights and remedies. If any provision of the Terms of Use is deemed by a court to be unenforceable, the remainder shall stay in effect.
10. ICB may at any time revise the Terms of Use by updating this web page without prior notice to you, in which case the Terms of Use as modified will apply to you from the date of modification You should periodically visit this page to review the then current Terms of Use.
11. The Terms of Use may not be altered, supplemented, or amended by the use of any additional documents that purport to be an agreement between you and ICB. Any attempt to supplement or amend this document shall be null and void.
12. The Terms of Use are to be governed by and construed in accordance with the laws of New South Wales, Australia, without reference to its conflicts of law rules. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the courts of New South Wales. If any provision of the Terms of Use is found to be invalid or unenforceable, such invalidity or unenforceability will not affect the remainder which will continue in full force and effect.
13. By providing your email address you consent to receive marketing and promotional communication from ICB Medical Distributors P/L (or any of its’ worldwide subsidiary companies).
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