1 General
1.1 These terms and conditions apply to your use of this website(the Website). Your access and use of the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in these terms of use, in our Privacy Policy and elsewhere on the Website (known collectively as the Terms of Use).
1.2 This Website is intended for Australian and New Zealand residents only. The Website provides selected information available about a range of disease topics. Please be aware that information relating to the approval status and labels of approved products may vary from country to country, and the content on this site reflects the terms of marketing authorisation in Australia and New Zealand.
1.3 By using the Website, you acknowledge that the information provided on products on the Website are not a substitute for professional medical advice.
1.4 A reference in these terms and conditions to Boehringer Ingelheim 'we', 'us' or 'our' is a reference to Boehringer Ingelheim Pty Limited ABN 52 000 452 308.
1.5 By accessing the Website, you agree to the Terms of Use. If you do not accept these Terms of Use, you must cease accessing the Website immediately.
2 Your Use of the Website
2.1 The Website and its contents are the property of Boehringer Ingelheim, its affiliates or their licensors and is protected by copyright. Permission to use documents (such as white papers, news releases, datasheets and FAQs) from the Website is granted, provided that:
(a) any copyright notice that appears on any documents is not removed;
(b) use of such documents from the Website is for informational, educational and non-commercial or personal use only and such documents will not be copied or posted on any network computer or broadcast in commercial media; and
(c) no modifications of any documents are made.
Any rights not expressly granted herein are reserved.
2.2 Use for any other purpose is expressly prohibited and may result in severe civil penalties and legal action. Boehringer Ingelheim reserves its right to prosecute violations.
2.3 The rights granted above do not include the use of the design or layout of the Website or any other website owned, operated, licensed or controlled by one of the companies of the Boehringer Ingelheim group. Elements of these websites are protected by copyright, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No trademark, logo, graphic, sound or image from any Boehringer Ingelheim website may be copied or retransmitted unless expressly permitted by the specific Boehringer Ingelheim company that owns those rights.
2.4 You must not use the Website in any manner or for any purpose that is unlawful, or in any manner that violates any right of Boehringer Ingelheim, or that is prohibited by the Terms of Use. In particular, it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
(a) disrupt, interfere with, reverse engineer or compromise the security of the Website or any servers, software, hardware or equipment connected to or used to host or provide the Website;
(b) restrict, inhibit or interfere with any other user’s use or enjoyment of the Website;
(c) violate any applicable law relating to your use of or access to the Website.
2.5 You warrant that you will carry out an appropriate virus check prior to using any files downloaded from the Website. You must take your own precautions to ensure that the process which you employ for accessing the Website does not expose you to forms of interference which may damage your computer system, telecommunication equipment or other property.
3 Disclaimer
3.1 All reasonable efforts have been made to include accurate and up-to-date information on the Website. However, Boehringer Ingelheim and/or its respective suppliers make no representations about the accuracy, currency, completeness or suitability of the information on the Website, including information contained in any documents and related graphics published on the Website for any purpose.
3.2 The information and related graphics published on the Website could include technical inaccuracies or typographical errors. Boehringer Ingelheim is not responsible or liable in any way for such inaccuracies or errors.
3.3 Changes are periodically added to the information contained on the Website. Boehringer Ingelheim and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.
3.4 Boehringer Ingelheim does not accept responsibility for any interference or damage to your computer system or telecommunication equipment which may arise in connection with your use of the Website or any linked website, or any errors, omissions or delays or interruptions to or cessation of the Website through negligence or otherwise.
Persons that are not Health Care Professionals
3.5 Any information on the Website is to provide you only with general information on our range of products and their use. Boehringer Ingelheim does not engage in offering professional medical or health advice.
3.6 Documents on pharmaceutical products are not intended to be used as an alternative to consulting with a health care professional or other qualified professional. The information contained on the Website should not be used for diagnosing a health problem or disease. You should seek advice on health problems from health care professionals.
Persons that are Health Care Professionals
3.7 If you are a health care professional and you access the Website, you acknowledge the information provided by Boehringer Ingelheim on the Website, and through any application that we may make available on the Website, is to provide you with general information on our range of products and their use. Boehringer Ingelheim does not engage in offering professional medical or health advice.
3.8 The information contained on the Website should not be used for diagnosing a health problem or disease. Health care professionals should exercise their own clinical judgement when providing medical advice.
4 Limitation of Liability
4.1 Boehringer Ingelheim acknowledges that the Competition and Consumer Act 2010 (Cth) (Australia) implies or imposes certain statutory guarantees, conditions or warranties into contracts for the supply of goods or services to consumers that cannot be excluded (the Non-Excludable Terms). Nothing in these Terms of Use is intended to exclude or restrict the application of the Non-Excludable Terms. To the extent permitted by law, Boehringer Ingelheim excludes all other implied warranties, guarantees, conditions or other terms, whether implied by statute or otherwise.
4.2 To the extent permitted by law, Boehringer Ingelheim excludes liability for all liabilities, losses, damages, costs and expenses suffered or incurred by any person:
(a) under or in connection with these Terms of Use;
(b) in connection with or in any way relating to the Website or its contents including documents, information and/or graphics contained on the Website; and
(c) in connection with or in any way relating to the use or performance of software, documents, provision of or failure to provide services, or information available from the Website.
4.3 You indemnify Boehringer Ingelheim against all liabilities, losses, damages, costs and expenses arising from or relating to:
(a) your breach of these Terms of Use; or
(b) your breach of any law.
5 Cookies
5.1 By your use of the Website, we may issue to and request from your computer, blocks of data known as “cookies”. By using the Website, you authorise us to issue such cookies to your computer.
6 Links to third party websites
6.1 The Website may contain links to other websites not under the control of Boehringer Ingelheim. Boehringer Ingelheim makes no representation or warranty as to the accuracy or any other aspect of the information on any linked website. Boehringer Ingelheim is not responsible for the contents of any linked website or any link contained in a linked website, or any changes or updates to such sites. Neither is Boehringer Ingelheim responsible for webcasting or any other form of transmission received from any linked website. These links are provided to you only as a convenience, and the inclusion of any link does not imply endorsement or recommendation by Boehringer Ingelheim of the linked website. Your access to the linked website and use of any products or services offered therein is at your own risk. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law, Boehringer Ingelheim accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
7 Links
7.1 We require you to obtain our prior written approval before providing any link to the Website. Where such approval is given, you agree that you will not use any Boehringer Ingelheim logo, trademark of other proprietary graphic as part of such link without the express written approval of Boehringer Ingelheim.
8 Trademark notice
8.1 The tradenames of Boehringer Ingelheim products referenced herein, whether or not appearing in bold characters or with the trademark symbol ®, are trademarks of entities of the Boehringer Ingelheim group of companies. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The use of these trademarks, the company name Boehringer Ingelheim and the company logo, except as permitted herein, is expressly prohibited. Nothing contained on the Website should be construed as granting any licence or right of use of any trademark displayed on the Website without the prior written permission of Boehringer Ingelheim.
8.2 The products discussed on the Website may have different tradenames, different labelling, product presentation and strength in different countries. Please contact the local Boehringer Ingelheim company in case clarification is required.
9 Queries and Feedback
9.1 Queries and other feedback addressed to Boehringer Ingelheim through the Website should not contain questions on personal health matters or on specific prescription-only products. Such questions should be addressed to an appropriate health care professional.
9.2 Should any user of documents or information contained on the Website respond with information containing feedback data such as questions, comments, suggestions or the like regarding the content of such documents or information, such information is deemed non-confidential and Boehringer Ingelheim will have no obligation of any kind with respect to such information and will be free to reproduce, use, disclose, and distribute this information to others without limitation.
9.3 Your usage of the Website may be recorded. Boehringer Ingelheim will be free to use this information for statistical evaluations, to assist in providing an undisrupted service and to improve the Website. Please do not use this service if you do not agree with this policy.
10 Changes to these Terms of Use
10.1 Boehringer Ingelheim may change, amend and update these Terms of Use at its discretion and without notice. You should visit this page periodically to review the Terms of Use. If you do not agree to the changes, you should stop accessing the Website. By continuing to use the Website, you accept these Terms of Use as they apply from time to time. If you object to any of the Terms of Use or any amendments to it, your only recourse is to immediately discontinue your use of the Website. The Terms of Use are in no way limited or altered by any other terms or conditions on the Website.
11 Governing Law
11.1 These Terms of Use are governed by and construed in accordance with the laws of New South Wales, Australia and any claim arising in connection with them shall be subject to the non-exclusive jurisdiction of New South Wales Courts. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.
12 Miscellaneous
12.1 If any term, condition or provision of these Terms of Use is held to be unlawful, invalid, void or for any reason unenforceable, such provision shall be struck out and the remaining terms, conditions or provisions will not in any way be affected or impaired. These Terms of Use constitute the entire agreement between you and Boehringer Ingelheim relating to your use of the Website.
12.2 In the event of any problem with the Website or any content, you agree that your sole remedy is to cease using the Website. Boehringer Ingelheim accepts no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond its reasonable control. If Boehringer Ingelheim waives any rights available to it under these Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
12.3 In the case of a breach of these Terms of Use by you or any other person, Boehringer Ingelheim is free to decide whether it wishes to take action for such breach, and if so when and how. Boehringer Ingelheim will not be prevented by passage of time or any other matter from exercising its rights.
12.4 You may not assign any of your rights or obligations pursuant to these Terms of Use.