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Terms and conditions

- Last updated Jan 2016

"Site" means the website located at the following URL www.bronchitol.eu;

"We", "Us" and "Pharmaxis" means Pharmaxis Limited.

"you" means the user or viewer of the Site.

By using this Site you acknowledge that you have read, understood and accepted these Terms and Conditions, which together with our privacy policy (Privacy Policy) and cookie policy (Cookie Policy), govern Pharmaxis’ relationship with you in relation to this Site. If you do not wish to be bound by these Terms and Conditions, you should not use this Site for any reason. All rights not expressly allocated are reserved by Pharmaxis.

This Site, and all information contained within it, is intended for access and use solely by UK residents, and your access to the content on this Site may not be permitted (for whatever reason) in certain countries outside of the UK. If you access this Site from outside the UK, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from within which you access the Site.

These Terms and Conditions may be modified occasionally. You should periodically check back for the most up-to-date version posted on this Site. If we make changes to these Terms and Conditions, we will notify you by posting an announcement on the Site or we will notify you of any changes using the email address (if any) you gave to us on registration or by an announcement on the Site. The changes will apply to the use of the Site after such notice. If you use the Site after the date on which the changes come into effect, you will be deemed to have accepted the new Terms and Conditions.

Intellectual Property

1.All contents of the Site (including, but not limited to, the screen displays, the content, the text, graphics and look and feel of the Site) and all rights in the same are the sole property of Pharmaxis. All trade marks, service marks, company names or logos are the property of their respective holders. Any use by you of these marks, names and logos may constitute an infringement of the holders' rights.

2.For the avoidance of doubt, you may not mirror on another web server all or any part of the material on this Site and you may not copy, adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, re-broadcast or show or play in public this Site or the material published on this Site (in any form or media), without Pharmaxis' prior written permission.

 

Site availability

3.The information on this Site is provided on an "As is" and "As available" basis. Without limitation, we do not warrant that this Site, or the materials contained in or accessible through the Site will; a) be available at any time, or available at all; b) be complete, accurate, without error, non misleading; or c) be suitable for your intended use.

 

Links

4.Certain (hypertext) links in this Site may lead to other websites, which are not under the control of Pharmaxis. When you activate any of these you will leave the Site and Pharmaxis has no control over, does not endorse and will accept no responsibility or liability for the material on any website which is not under the control of Pharmaxis. We will not be responsible for the content of any advertising or sponsorship that may appear on our Site from time to time nor for compliance of the same with any laws or regulations.

 

Liability

5.The information contained in this Site is based on up to date information and while Pharmaxis makes all reasonable efforts to ensure that material on this Site is correct, current and complete at the date of publication, accuracy cannot be guaranteed. To the maximum extent permitted by law, Pharmaxis makes no warranties or representations (express or implied) as to its accuracy, currency or completeness. Pharmaxis may change the information at any time without notice. You should take appropriate steps to verify all information on this Site before acting upon it.

6.The information on the Site should not be considered a substitute for direct patient and physician contact and is not intended to interfere with the doctor-patient relationship.

7.You acknowledge that Pharmaxis makes no warranty or representation, either expressed or implied, relating to the merchantability or fitness for a particular purpose of products advertised or promoted on the Site.

8.By entering this Site, you acknowledge and agree that the use of this Site is at your own risk and to the maximum extent permissible by applicable law, in no circumstances, including (but not limited to) negligence, shall we be liable for any direct, indirect, incidental, special, consequential, or punitive damages, losses, costs or expenses nor for any loss of profit that results from the use of, or inability to use this Site or any material on any site linked to this Site (including but not limited to any viruses or any other errors or defects or failures in computer transmissions or network communications) even if we have been advised of the possibility of such damage. In addition, we can accept no liability in respect of any changes made to the content of this Site by unauthorised third parties.

9.Any software is downloaded at your own risk. If you are in any doubt as to the suitability of the software to be downloaded for your computer it is recommended that you obtain specialist advice before downloading it.

10.Nothing in these Terms and Conditions will operate to exclude or limit our liabilities in any way that is not permitted by the law of England and Wales

11.Insofar as any liability under or pursuant to applicable legislation may not be excluded, any such liability of Pharmaxis is limited, at the exclusive election of Pharmaxis, to:

11.1the replacement or the supply of equivalent applicable products or services; or

11.2the payment of the cost of replacing or of acquiring equivalent products or services.

 

Data protection and privacy

12.You acknowledge that any comments you send to Pharmaxis regarding this Site become the property of Pharmaxis and may be used by Pharmaxis without limitation. Received comments will not be treated as confidential unless they have been expressly and clearly marked as such.

13.We are committed to protecting your privacy. In compliance with the Data Protection Act 1998 we follow strict security procedures regarding the storage and disclosure of information, which you have provided to us, to prevent unauthorised access. Please see our Privacy policy for information about how we use your data.

 

Account administration

14.If the Site you are accessing has a user name or password, you must keep these confidential and not transfer these to anyone else.

15.You are responsible for (i) all information posted on the Site; and (ii) payments due for services accessed through the Site by anyone using your user name and password. You must notify Pharmaxis immediately if you suspect that someone else is using your user name and password.

16.If the Site has restricted sections, you may not adapt or circumvent any part of the Site so that it is accessible to those without authorisation to access it.

17.You warrant that you will not:

17.1use the Site to obtain unauthorised access to other systems through this Site;

17.2download or otherwise transmit any material containing a virus or any harmful code or application that could modify or disrupt in any way the Site or the equipment used by Pharmaxis or other users of the Site.

18.Pharmaxis may suspend or cancel your access to this Site immediately if you do not comply with these terms and conditions.

 

General

19.If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

20.These Terms and Conditions, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Pharmaxis in relation to your use of this Site and its content.

21.English law and any dispute arising in relation to the Terms shall govern these Terms and Conditions and shall be subject to the exclusive jurisdiction of the English courts. Non-contractual obligations (if any) arising out of or in connection with these Terms and Conditions (including their formation) shall also be governed by the laws of England.

22.If any part of these Terms and Conditions is, at any time, found to be invalid by a court, tribunal or other forum of competent jurisdiction, or otherwise rendered unenforceable, that decision shall not invalidate or void the remainder of these Terms and Conditions. These Terms and Conditions shall be deemed amended by modifying or severing such part as necessary to render them valid, legal and enforceable while preserving their intent, or if that is not possible, by substituting another provision that is valid, legal and enforceable that gives equivalent effect to the parties' intent. Any such invalid or unenforceable part or parts shall be severable from these Terms and Conditions, or the validity of the part(s) in question in any other jurisdiction shall not be affected thereby.

23.You may not assign, sub-license or otherwise transfer any of your rights under these Terms and Conditions.

 

General Enquiries:

enquiries@pharmaxis.com
Phone: +61 (0) 2 9454 7200
Fax: +61 (0) 2 9451 3622

European Marketing Authorisation Holder:

Pharmaxis Pharmaceuticals Ltd
25 Moorgate,
London, EC2R 6AY,
United Kingdom

Global Head Office (Australia):

Pharmaxis Ltd
20 Rodborough Rd
Frenchs Forest
NSW 2086
Australia
ABN 75 082 811 630

Adverse events should be reported to Pharmaxis Ltd by email: adverse.events@pharmaxis.com.au.