Website Terms of Use

To the extent permitted by law, if the Website (including any Website Content) breaches of a Statutory Guarantee, Pharma Portal may:

1. provide the services the subject of the breach again or pay an amount to you equal to the cost of having those services supplied again; or
2. replace the goods the subject of the breach or supply equivalent goods (or pay you the cost of the replacement) or repair the goods the subject of the breach (or pay you the cost of the repair).

Should you provide information through any link, portal or other mechanism on or connected with the Website, such as any advertisements, listings, messages, posts or other content you submit, upload or display (User Content), (User Information) Pharma Portal:

1. does not undertake to monitor, pre-screen, or moderate User Content; and does not undertake to monitor, pre-screen, or moderate User Content; and
2. has no obligation of any kind with respect to that User Content;
3. is granted a worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free licence to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, publicly perform, publicly display and distribute any of the User Content for the purposes of operating, promoting and improving the Website and Pharma Portal’s services.

You represent and warrant that you own or have all necessary rights to the User Content and that the User Content and your use of the Website will not:

1. (d) infringe any Intellectual Property Rights, privacy, publicity or other rights of any person;
2. (e) be unlawful, false, misleading, defamatory, obscene, harassing, harmful, or otherwise objectionable;
3. (f) contain any viruses, malware or other harmful code;
4. (g) include personal information of any other person without consent; or
5. (h) violate these Terms of Use or any applicable law,

and you consent to Pharma Portal acting in accordance with this Section 9.

Other than as provided for in these Terms of Use, neither Pharma Portal nor any of its officers, directors, employees, contractors or agents is liable to you for any Loss resulting from or otherwise connected with the following:

1. this Website and you Using the Website;
2. the Website Content;
3. your use or application of the Website Content;
4. any virus that may infect your computer or any other damages that your computer may sustain whilst you access the Website; or
5. any other security failure by or to the Website,

whether that liability is based in contract, tort (including negligence), statute or otherwise.

You agree to indemnify Pharma Portal, its officers, directors, employees, contractors, successors, and assigns from and against all Losses resulting from or otherwise connected with any Claim made by a third party regarding, relevant to or otherwise connected with:

1. a virus transmitted by or from your computer, unless that virus is contracted from the Website and that results from Pharma Portal’s failure to comply with clause 4.3;
2. any representation made by or on behalf of you (whether express or implied) based on the Website Content or any Linked Site Content;
3. you passing on any of the Website Contents to any other person; or
4. your breach of these Terms of Use,
5. any User Content you provide, or
6. your Use of the Website, including any advertising or communications you initiate or you participate in through the Website.

Except where necessary for, and incidental to, viewing the Website via your web browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or as otherwise agreed by Pharma Portal in writing, no Website Contents may be:

1. used or reproduced for commercial purposes;
2. resold;
3. adapted;
4. stored in a retrieval system;
5. uploaded to a third-party location;
6. framed;
7. performed in public;
8. distributed or transmitted in any form by any process (including electronic, mechanical, micro copying, photocopying or recording),

without the prior written consent of Pharma Portal, which consent must be provided in writing and which Pharma Portal may provide or refuse in its absolute discretion.

The Website Contents may be used and reproduced for non-commercial, personal or educational purposes if:

1. that ownership of the information is appropriately attributed to Pharma Portal;
2. the information is not modified in any way; and
3. all copyright or other notices appearing on the Website in relation to the relevant Website Contents are reproduced with the information.

If a provision of these Terms of Use is invalid or unenforceable in a jurisdiction:

1. it must be read down or severed in that jurisdiction to the extent of the invalidity or unenforceability; and

2. it does not affect the validity or enforceability of:

   1. that provision in another jurisdiction; or
   2. the remaining provisions of these Terms of Use.

In these Terms of Use, unless indicated otherwise:

Claim means any claim, allegation, suit, action, demand, cause of action or proceeding (including any prosecution by any Government Agency, in which the Government Agency seeks a pecuniary penalty) made against the party concerned, irrespective of:

1. when or howsoever it arises;
2. whether or not it is present or future or actual or contingent;
3. whether or not it is fixed or unascertained; or
4. whether or not it is at law (including under contract or tort), in equity or under statute;

Intellectual Property Rights means any patent, copyright, database, registered design or other design right, utility model, trade mark (whether registered or not and including any rights in get up or trade dress), brand name, service mark, trade name, eligible layout right, chip topography right, and any other rights of a proprietary nature in or to the results of intellectual activity in the industrial, commercial, scientific, literary or artistic fields, whether registrable or not and wherever existing in the world, including all renewals, extensions and revivals of, and all rights to apply for, any of the foregoing rights;

Loss means any damage, debt, loss, foregone profit, penalty, fine, expense, liability or costs (whether incurred or contingent);

Website Content means any information available on the Website, including all such text, images and hypertext links to Linked Sites; and

All terms bolded and in italics have the meaning indicated throughout these Terms.

In these Terms of Use, unless the context otherwise requires, a reference to:

1. the singular includes the plural and vice versa;
2. a gender includes all genders;
3. a person (including any party) includes a reference to an individual, company, body corporate, association, partnership, firm, joint venture, trust or Government Agency as the case requires and the person’s successors, permitted assigns, executors, administrators, successors and substitutes; and
4. a law includes the law as amended, consolidated, supplemented or replaced from time to time.

Headings are for convenience only and must be ignored in interpreting these Terms of Use.