1. Personal information
The Company is committed to safeguarding personal privacy. It acknowledges that individuals have a right to control how their personal information is collected and used. Unless given consent to do otherwise, the Company will only collect and use personal information as outlined below.
2. Collecting personal information
The Company will not collect any personal information about an individual without their consent. The only personal information collected is what is provided voluntarily or as part of an ongoing relationship you have with the Company.
3. Tracking technologies
The Company uses tracking technologies such as cookies to help gather anonymous information on their users. Most web browsers are set to accept tracking technologies such as cookies. These tracking technologies do not identify individual users, although they do identify a user’s browser and behaviour on their website.
4. Using and disclosing your personal information
Personal Information can/will be used for the following purposes:
- To fulfil obligations under any sale and purchase contract and/or any other contract between the individual and the Company.
- To render services related to Company’s business such as warranty or after-sales services.
For the purpose described above, information may be shared with Company’s group companies either in Australia or overseas. Also, in order to operate the website or deliver a service, personal information may also be shared with a service provider, a non-Company group company.
5. Company Communications
The Company may contact individuals using the information, which was provided by them in order to:
- Provide information that may be of interest about upgrades, new Company products, special offers, news and other matters that may be of interest.
The Company also reserves the right to send 3rd party information or offers if they deem it suitable
6. Access to personal information
Individuals have the right to request and review the information that may be recorded on the Company’s database. Information may be reviewed by contacting +61 8 9434 1934.
7. Links to other websites
The Company provides links to websites external to the Company’s site. These linked sites are not under the control of Company, and the Company is not responsible for the conduct of these external companies linked to the Company website, nor for the performance or otherwise of any content, privacy and/or software contained in such external websites.
8. Further queries
Terms of Service
The following terms and conditions govern all use of the Exopharm website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Exopharm.
Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the website, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services.
If these terms and conditions are considered an offer by Exopharm, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old.
- Copyright Infringement and DMCA Policy.As Exopharm asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by exopharm.com violates your copyright, you are encouraged to notify Exopharm in accordance with Exopharm’s Digital Millennium Copyright Act (“DMCA”) Policy.Exopharm will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Exopharm will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Exopharm or others. In the case of such termination, Exopharm will have no obligation to provide a refund of any amounts previously paid to Exopharm.
- Intellectual Property.This Agreement does not transfer from Exopharm to you any Exopharm or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Exopharm. Exopharm, exopharm.com, the exopharm.com logo, and all other trademarks, service marks, graphics and logos used in connection with exopharm.com, or the Website are trademarks or registered trademarks of Exopharm or Exopharm’s licensors.Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Exopharm or third-party trademarks.
- Changes. Exopharm reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes.Exopharm may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
- Disclaimer of Warranties.The Website is provided “as is”. Exopharm and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Exopharm nor its suppliers and licensors makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted.You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.
- Indemnification.You agree to indemnify and hold harmless Exopharm, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website, including but not limited to your violation of this Agreement.
Miscellaneous. This Agreement constitutes the entire agreement between Exopharm and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Exopharm, or by the posting by Exopharm of a revised version.
Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Victoria, Australia, excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Perth, WA.
Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules.
The arbitration shall take place in Melbourne, Victoria, in the English language and the arbitral decision may be enforced in any court.
The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Exopharm may assign its rights under this Agreement without condition.
This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.