Terms of Use

Please read carefully before using this Website.

General

This website www.habitatBIAU.com.au (Website) and all resources and documents provided on the Website (Resources), collectively referred to as the “Materials” are owned and operated by Boehringer Ingelheim Pty Limited ABN 52 000 452 308 and/or its related bodies corporate (Boehringer Ingelheim, we, our or us).

Your access and use of the Materials, 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).

By accessing or using the Materials, you:

  1. acknowledge that any information provided is of a general nature and is not intended to be a substitute for professional medical advice.
  2. agree to the Terms of Use. If you do not accept the Terms of Use you must cease accessing the Materials immediately.

Use

The Materials and their contents are the property of Boehringer Ingelheim and is protected by copyright. We grant you a non-exclusive limited license (Licence) to use the Resources, provided that:

  1. the copyright notice “©Boehringer Ingelheim Pty Limited” appears on all copies of the Resources.
  2. your use of the Resources is for informational, media and non-commercial or personal use only and will not be copied or posted on any network computer or broadcast in commercial media without our prior written consent
  3. no adaptations or modifications to any Resources are made
  4. you must not sell or attempt to sell any part of the Resources
  5. you must not licence, sub-license, assign or transfer the Licence (or attempt to do any of these things), and
  6. you must not claim intellectual or exclusive ownership to any of the Resources, modified or unmodified.

Use for any other purpose is expressly prohibited and may result in legal action. Boehringer Ingelheim reserves its right to prosecute violations.

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, except as otherwise expressly provided by us. Elements of these websites are protected by copyright, trademark, unfair competition, and other similar 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.

You must not use any of the Materials 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, or for any activity that involves warez, hacking, cracking, malicious computer crime or fraud. It is a condition of your use of and/or access to the Materials that you do NOT do any of the following:

  1. 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
  2. transmit or introduce any virus or corrupt files so as to damage or disrupt the Website
  3. restrict, inhibit or interfere with any other user’s use or enjoyment of the Website, or
  4. violate any applicable law relating to your use of or access to the Website.

You warrant that you will carry out an appropriate virus check prior to using or downloading the Materials. You must take your own precautions to ensure that the process which you employ for accessing the Materials, does not expose you to forms of interference which may damage your computer system, telecommunication equipment or other property.

Your usage of the Website may be recorded. Boehringer Ingelheim shall be free to use this information for statistical evaluations, to ensure an undisrupted service and to improve our websites. Please do not use this service if you do not agree with this policy.

Disclaimer

All reasonable efforts have been made to include accurate and up-to-date information in the Materials. However, Boehringer Ingelheim and/or its respective suppliers make no representations about the accuracy, currency, completeness or suitability of the information contained in the Materials for any purpose.

The Materials are provided "as is" without warranty of any kind. Boehringer Ingelheim and/or its respective suppliers hereby disclaim all warranties and conditions with regard to the Materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement.

All access and use of the Materials is strictly at your own risk. In no event shall Boehringer Ingelheim and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the Materials including but not limited to software, tools and services.

Documents on pharmaceutical products are not intended to be used as an alternative to consulting with a health care professional or other qualified professional. You should seek advice in relation to health problems from health care professionals.

The documents and tools published as part of the Materials could include technical inaccuracies or typographical errors. Changes are periodically made to the Resources and Website.

Limitation of Liability

Boehringer Ingelheim acknowledges that the Competition and Consumer Act 2010 (Cth) 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 the Terms of Use is intended to exclude or restrict the application of any relevant 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.

To the maximum extent permitted by law, Boehringer Ingelheim excludes liability for all liabilities, losses, damages, costs and expenses suffered or incurred by any person:

  1. under or in connection with the Terms of Use
  2. in connection with or in any way relating to the Materials or its contents including documents, information and/or graphics contained on the Website, and
  3. 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.

Indemnity

You indemnify Boehringer Ingelheim and hold us and our employees, officers and agents harmless from and against any and all claims, liabilities, losses, damages, costs and expenses (including legal fees on a solicitor and client basis) arising from or relating in any way to your use or misuse of the Materials, or arising from or relating to your breach of the Terms of Use or your breach of any law.

Your breach

If we become aware of a breach or possible breach by you of any of the Terms of Use, we may at our sole discretion, restrict, suspend, or terminate your use of the Materials and/or pursue other remedies.

Links to third party sites

The Materials may contain links to third party sites that allow you to leave the Website. The linked sites are not under the control of Boehringer Ingelheim and Boehringer Ingelheim is not responsible for the contents of any linked site, any link contained in a linked site, any changes or updates to such sites, any view or recommendations of third parties or any other form of transmission received from any linked site (Third Party Material). Your access to and use of any Third Party Material is at your own risk, and you should refer to the relevant third party for all information regarding that third party’s products and/or services. The Third Party Material is provided to you only as a convenience, and its inclusion in the Materials does not imply endorsement by Boehringer Ingelheim and we will not be held liable for any such Third Party Material.

Trademark notice

The trade names of Boehringer Ingelheim products referenced in the Materials, whether or not appearing in bold characters or with the trademark symbol ® or ™ are trademarks of entities of Boehringer Ingelheim. The names of actual companies and products mentioned in the Materials 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 and may be in violation of law. Nothing contained in the Materials should be construed as granting any licence or right of use of any trademark displayed on the Materials without the prior written permission of Boehringer Ingelheim.

The products discussed in the Materials may have different tradenames, different labelling, product presentation and strength in different countries. Please contact our local affiliate if clarification is requested.

Governing Law

This document is 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 Australian Courts. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.

Miscellaneous

If any term, condition or provision of this document is held to be unlawful, invalid, void or for any reason unenforceable, such provision shall be struck out to the extent they are invalid, void or unenforceable and the remaining terms, conditions or provisions shall not in any way be affected or impaired.

In the event of any problem with the Materials or any content, you agree that your sole remedy is to cease using the Materials. Boehringer Ingelheim accepts no liability for any failure to comply with the Terms of Use where such failure is due to circumstances beyond its reasonable control.

If Boehringer Ingelheim waives any rights available to it under the Terms of Use on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

In the case of a breach of the 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.

You must not assign, sublicense or otherwise deal in any other way with any of your rights or obligations under these Terms of Use.

All Boehringer Ingelheim content in the Materials is protected. Boehringer Ingelheim is either the owner or licensee of all rights to such content. All such rights are reserved.

Any rights not expressly granted herein are reserved.

 

[Last updated 31/10/2016]