Norseld website terms of use

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE.

 Introduction
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full.   If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

License to use website
Unless otherwise stated, NORSELD Pty Ltd own the intellectual property rights in the website and material on the website.  Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages, photographs, marketing materials, brochures, and videos from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions. 

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website; or
  • Redistribute material from this website except for content specifically and expressly made available for redistribution.

Acceptable use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without NORSELD Pty Ltd’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without NORSELD Pty Ltd’s express written consent.

Restricted access
Access to certain areas of this website is restricted. NORSELD Pty Ltd reserves the right to restrict access to other areas of this website, or indeed this entire website, at NORSELD Pty Ltd.’s discretion.

If NORSELD Pty Ltd provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. 

NORSELD Pty Ltd may disable your user ID and password in NORSELD Pty Ltd.’s sole discretion without notice or explanation.

Not Intended for Children.
 This Site is not intended or designed for children under the age of 13. We do not collect personally identifiable information from any person we actually know is under the age of 13. If you are under the age of 13, please do not supply any personally identifiable information through the Site. If you are under the age of 13 and have already provided personally identifiable information through the Site, please have your parent or guardian contact us immediately using the information below so that we can remove such information from our files.

 User content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to NORSELD Pty Ltd a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media.  You also grant to NORSELD Pty Ltd the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or NORSELD Pty Ltd or a third party (in each case under any applicable law). 

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

NORSELD Pty Ltd reserves the right to edit or remove any material submitted to this website, or stored on NORSELD Pty Ltd.’s servers, or hosted or published upon this website.

No warranties
 This website is provided “as is” without any representations or warranties, express or implied. NORSELD Pty Ltd makes no representations or warranties in relation to this website or the information and materials provided on this website. 

Without prejudice to the generality of the foregoing paragraph, NORSELD Pty Ltd does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. This Site, including its Content and programs (including, but not limited to, message boards, text files, or other communication facilities), is provided for informational and educational purposes only. Our provision of this Site should not be interpreted as an attempt to practice medicine, nor does use of this Site establish a doctor-patient relationship between us or any of our users. The information posted on the Site by us and by third parties should not be considered medical advice, and is not intended to replace consultation with a qualified doctor or other professional healthcare provider. The Sites are intended for use by medical professionals and not consumers or patients.

The Sites may provide information on medical and health conditions, products and treatments, developments in medicine and articles may include information on device applications not included in approved FDA labeling. Such ideas are provided as information and education only and not as medical advice. Such information is often presented in summary or aggregate form and is not meant to be a substitute for the advice of a physician or other medical professional or for any information contained on or in any product packaging or labels. Information in the Sites should not be considered an endorsement, promotion or in any other way encouragement for the use of any particular procedure, technique, device or product. We shall not be liable for any injury and/or damages arising out of any decision made or action taken or not taken in reliance in Content contained on the Sites.

Limitations of liability
NORSELD Pty Ltd will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • [to the extent that the website is provided free-of-charge, for any direct loss;]
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if NORSELD Pty Ltd has been expressly advised of the potential loss.

Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit NORSELD Pty Ltd.’s liability in respect of any:

  • death or personal injury caused by NORSELD Pty Ltd.’s negligence;
  • fraud or fraudulent misrepresentation on the part of NORSELD Pty Ltd; or
  • matter which it would be illegal or unlawful for NORSELD Pty Ltd to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. 

If you do not think they are reasonable, you must not use this website.

Links to Third Party Websites.
 We may provide links to other websites maintained by us and our affiliated entities as well as links to unaffiliated third parties’ websites for your convenience and should not be deemed to imply that we endorse those sites or any content therein. We do not maintain these third party websites and are not responsible for the availability, accuracy, or quality of the content on the third party websites. We make no representations or warranties whatsoever about any other website which you may choose to access through this Site. You should review the terms and conditions related to the use of any third party websites before using them.

 Other parties
You accept that, as a limited liability entity, NORSELD Pty Ltd has an interest in limiting the personal liability of its officers and employees.  You agree that you will not bring any claim personally against NORSELD Pty Ltd.’s officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect NORSELD Pty Ltd.’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as NORSELD Pty Ltd.

Unenforceable provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity
You hereby indemnify NORSELD Pty Ltd and undertake to keep NORSELD Pty Ltd indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by NORSELD Pty Ltd to a third party in settlement of a claim or dispute on the advice of NORSELD Pty Ltd.’s legal advisers) incurred or suffered by NORSELD Pty Ltd arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions
Without prejudice to NORSELD Pty Ltd.’s other rights under these terms and conditions, if you breach these terms and conditions in any way, NORSELD Pty Ltd may take such action as NORSELD Pty Ltd deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation
NORSELD Pty Ltd may revise these terms and conditions from time-to-time.  Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website.  Please check this page regularly to ensure you are familiar with the current version.

Assignment
NORSELD Pty Ltd may transfer, sub-contract or otherwise deal with NORSELD Pty Ltd.’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions. 

Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.  If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement
These terms and conditions constitute the entire agreement between you and NORSELD Pty Ltd in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction
These terms and conditions will be governed by and construed in accordance with Australian law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of Courts Administration Authority of South Australia.

Credit
This document was created using a Contractology template available at http://www.freenetlaw.com.

NORSELD Pty Ltd.’s details
NORSELD Pty Ltd
18 Lowe Street
Adelaide, SA 5000
Australia
Phone: (+61) 882 319 000
Fax: (+61) 882 319 009