Legal Statement
IMPORTANT! PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS SITE.
1. About Us
This site, www.halyardhealth.com.au, is owned by O&M HALYARD Australia Pty Limited (“HALYARD”) ABN 99 623 524 872, or its affiliates, with its registered office at Suite 1, Level 1, Triniti 3, 39 Delhi Road, North Ryde NSW 2113 Australia (“we/us”).
This site is designed for use in Australia & New Zealand only.
HALYARD makes no representation that the information and materials in this site, including without limitation the information and other materials promoting the products identified herein, are appropriate or available for use outside Australia or New Zealand. This site is not intended to be accessed by any person outside Australia or New Zealand (including the EU).
This site is hosted by HALYARD in the United States, and managed in Australia and Thailand. Also, some software from this site may be subject to export controls imposed by the United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which the U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
2. About These Terms
These terms and conditions apply to your use of this site. By accessing this site you are deemed to have accepted these terms.
If you do not agree to them, you must stop using this site.
These terms may be revised at any time without notice. You are responsible for reviewing these terms on each occasion that you visit this site and if you continue to use this site after changes are made, you are deemed to have accepted them.
3. Intellectual Property Rights
All copyright in any information, text, materials, graphics and software (“Content”) on this site is owned by HALYARD. The Content is protected by both Australian, New Zealand and International intellectual property laws.
All names, logos and trademarks are the property of HALYARD. Nothing contained on this site should be construed as granting any licence or right of use of any trademark displayed on the site, without the prior express written permission of HALYARD.
4. Registration
We may require you to register before we supply any services via this site. When you register you agree to provide true, accurate, up to date and complete information as required by the relevant registration requirements made available to you via this site.
5. Information about Products
This site provides certain information regarding HALYARD products. The following applies to this information:
- The information is provided solely for the general information of healthcare professionals (other than the ‘For Patients & Caregivers page’), is not intended for use by any other person, does not constitute medical advice, should not be used for diagnosing or treating a health problem, and should not replace the expertise of qualified health professionals. Any product information is not intended for review or use by anyone under 18 years of age. Product specifications may change without notice.
- The products listed in this web site are specifically for healthcare professionals in Australia and New Zealand. Some of the products on Linked Sites (see 7 below) may not be available in your location.
- There are inherent risks in the use of all medical devices and products. Please see product packaging for full Directions for Use containing Indications, Restrictions on Use, Cautions, Warnings and other relevant information.
– HALYARD makes no representation that its products described in this website will provide complete protection from exposure to contaminants, fluids, or micro organisms or will eliminate the risk of contracting infectious diseases.
6. Acceptable Use
We ask you to treat our site with respect and not to use the site or our products or services for any illegal purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause us damage.
We will not tolerate any use of our site which damages or is likely to damage our reputation, the availability or integrity of the site or which causes us or threatens to cause us to incur any legal, tax or regulatory liability.
We reserve the right to suspend the use of our site generally or block your access to any part of the site and/or to suspend or terminate your rights to use the site or any part of it, if we suspect misuse.
This site has been created for your information and education and for communication. You may not copy, reproduce, or modify the content of any of the HALYARD Web Sites for any other purpose, unless it is related to conducting the business of HALYARD. You may download and print materials from a HALYARD Web Site for your own use, such as to purchase products from HALYARD, or any of its affiliates. You may not distribute, display or transmit the content of any of the HALYARD Web Sites for your own financial benefit unless you received prior written authorisation from HALYARD.
Specifically you must not use the site in any manner or for any purpose which is unlawful or in any manner which violates any right of HALYARD or which is prohibited by these Terms and Conditions.
7. The Site may contain hyperlinks and other pointers to internet websites operated by third parties or a url which does not commence with (“Linked Sites”). Any links are provided for convenience only. Links to other Linked Sites are not under our control and are provided for information only. HALYARD is not responsible for and makes no representations concerning the condition and content of, or products offered at any Linked Site. A link does not indicate, expressly or impliedly, that HALYARD endorses the Linked Site or the products or services offered there. Your access to any Linked Site and use of any products and services offered there is at your own risk. Your use of Linked Sites are subject to the terms and conditions and privacy policies of those sites’
The Site may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by HALYARD of the relevant advertiser, its products or services or any such Linked Site. 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 HALYARD 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.
8. Disclaimer of Warranties
We make no representations or warranties regarding the accuracy, reliability or completeness of the Content of this site. The Competition and Consumer Act 2010 (Cth) and certain corresponding State legislation and similar New Zealand legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”).
Except as provided by Prescribed Terms, all terms, conditions and warranties express or implied by custom, law or statute in any way relating to access to, or non-access to, this site or your use of, or reliance upon, this site or the Content thereof are hereby excluded.
We do not warrant expressly or impliedly that your access to this site (or any site linked in any way to this site) will be uninterrupted or error free. Further, we do not warrant expressly or impliedly that any defects will be corrected or that this site (or any site linked in any way to this site) or the server which stores and transmits Content to you are free of viruses or any other harmful components.
9. Limitation of Liability
Except as provided by the Prescribed Terms, we shall not be liable for any indirect, incidental, special and/or consequential damages including but not limited to loss of profits arising out of your access to, or inability to access, this site or your use of, or reliance upon, this site or the Content thereof. In addition, we have no duty to update this site or the Content thereof and we shall not be liable for any failure to update such information.
To the maximum extent permitted by law, our liability for breach of any Prescribed Term is limited at our option to the following:
in the case of services supplied or offered by us:
a) the supply of the services again; or
b) the payment of the cost of having the services supplied again.
in the case of goods supplied or offered by us:
a) the replacement of the goods; or
b) the supply of equivalent goods; or
c) the payment of the cost of replacing the goods or acquiring equivalent goods.
10. Privacy
Any personal data you submit to us through this site shall be managed in accordance with the terms of our Privacy Policy displayed on this site.
11. Governing Law
These terms and conditions are governed by the laws of New South Wales, Australia.