IMPORTANT. This email and any attachments may be confidential. Any retransmissions, dissemination or other use of these materials by persons or entities other than the intended recipient is prohibited. If received in error, please contact us and delete all copies. Before opening or using attachments, check them for viruses and defects. Our liability is limited to resupplying any affected attachments. (Any representations or opinions expressed in this e-mail are those of the individual sender, and not necessarily those of Bird Healthcare Pty Ltd.)
1. Acceptance And Compliance
The site Birdhealthcare.com (the "Website") is owned and operated by Bird Healthcare Australia Pty Ltd ("BHC"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Conditions of Use"). Your use and/or continued access to the Website constitutes your agreement to the Conditions of Use. BHC reserves the right to amend the Conditions of Use at any time. The amended terms and conditions will be effective immediately. Since you will be bound by the amended terms and conditions, you should visit this page periodically to review the Conditions of Use.
2. Restrictions Of Use
You must not use the Website in any manner or for any purpose which is: a. unlawful or in any manner which violates any right of BHC or any other company within the Bird Group for Companies; or b. prohibited by the Conditions of Use. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under their applicable law.
All information, text, material, graphics and advertisements on the Website ("Content") are the copyright of Bird Healthcare Pty Ltd (Copyright© 2012), its suppliers and/or licensors unless indicated otherwise on the Website.
The Content is protected by Australian and international copyright law. Unauthorised use of the Content may violate these laws. You may download and view the Content for your personal, non-commercial use provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any Bird Healthcare Pty Ltd copyright.
All names, logos and trademarks owned by or licensed to The Bird Group of Companies and are set off from surrounding text, and are referred to with a TM or ® symbol or appear in italics or all capital letters. All other trademarks displayed on the Website are trademarks of their respective owners. All other trademarks displayed on the Website are trademarks of their respective owners. Such third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of Bird Healthcare Pty Ltd should be inferred from the use of these trademarks. Nothing contained in the Website should be construed as granting any license or right of use of any trademark displayed on the Website without the express written permission of the relevant company within Bird Healthcare Pty Ltd or third party owner.
5. Disclaimer And Limitation Of Liability
BHC offers products and services to diagnose, prevent and treat disease. Our Devices for use by healthcare professionals are regulated by government agencies in each of the countries in which we do business, such as the Therapeutic Goods Administration in Australia. Regulations often restrict the prescribing information that can be disclosed to the public thus requiring personal consultation with your health care professional.
The Website has been developed as a service of BHC. Like any other service, and in spite of our best efforts to keep the Content current, the Content may become out of date from time to time. 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 the advice of a health care professional to advise you on your specific situation.
BHC makes no representation about the accuracy, reliability, completeness or timeliness of the Content. The Content may contain inaccuracies or typographical errors. The use of the Website and Content is at your own risk.
6. Disclaimer And Limitation Of Liability cont.
The Website and Content are provided on an AS IS basis without any warranties of any kind. BHC, to the fullest extent permitted by law, disclaims all warranties. The Competition and Consumer Act 2010 (Cth) and all corresponding state legislation may confer rights and remedies on you in relation to the provision by BHC on the Website of goods or services which cannot be excluded, restricted or modified ("Prescribed Rights"). BHC does not exclude any Prescribed Rights but does exclude all other conditions and warranties implied by custom, law or statute. In addition, BHC does not warrant that the Website will operate error free or that this Website or its services are free of computer viruses.
Under no circumstances (including, but not limited to, an act or omission on the part of BHC) will BHC or any other company within the The Bird Group of Companies be liable for any indirect, incidental, special and/or consequential damage or loss of profits which result from any use or access of, or any inability to use or access, the Website or any Content.
To the fullest extent permitted by law, BHC's liability for breach of any Prescribed Right which cannot be excluded is limited at the option of BHC to the following:
in the case of services supplied or offered by BHC, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and
in the case of goods supplied or offered by BHC, (a) the replacement of the goods or the supply of equivalent goods, or (b) the payment of the cost of replacing the goods or acquiring equivalent goods.
This Website contains hyperlinks and other pointers to internet websites operated by third parties ("Linked Sites"). The Linked Sites are not under the control of BHC and BHC is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The links are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by BHC or the Bird Group of Companies for the Linked Site or the products or services provided at those sites. You link to any such Linked Site entirely at your own risk.
We exercise no control over the quality, safety or legality of the products or services advertised or sold and statement made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that website. BHC is not liable for the prices or price changes, including where the price changes have not been reflected on the relevant site. Any purchases or dealings you have with a Linked Site are done at your own risk. BHC is not a party to any transaction between you and a Linked Site.
8. Internet Service Providers
If you are an internet service provider and/or access provider, you must not use the Website in any manner or for any purpose which is:
unlawful or in any manner which infringes any right of BHC or any company within the Bird Group of Companies; or
prohibited by the Conditions of Use.
The Conditions of Use are effective until terminated by BHC. BHC may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations or liability set out in the Conditions of Use will survive termination.
10. Governing Law
The Conditions of Use are governed by and construed in accordance with the laws of Victoria, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Victoria.
If any provision of the Conditions of Use is found to be invalid or unforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Conditions of Use which will continue in full force and effect. All rights not expressly granted are reserved.