1. ACCEPTANCE
AND COMPLIANCE
This site www.childrenspanadol.com.au ("Website")
is owned and operated by GlaxoSmithKline Australia Pty Ltd ("GSKA").
Your access to the Website is conditional upon your acceptance
and compliance with the terms, conditions, notices and disclaimers
contained in this document and elsewhere on the Website (known
collectively as "Conditions of Use"). Your use and/or
continued access to the Website constitutes your agreement to
the Conditions of Use. GSKA reserves the right to amend the Conditions
of Use at any time. The amended terms and conditions will be effective
immediately. Since you will be bound by the amended terms and
conditions, you should visit this page periodically to review
the Conditions of Use.
2. RESTRICTIONS ON USE
You must not use the Website in any manner
or for any purpose which is:
- unlawful or in any manner which violates any right of GSKA
or any other company within the GlaxoSmithKline Group for Companies;
or
- prohibited by the Conditions of Use. The Website is available
only to, and may only be used by, individuals who can form legally
binding contracts under their applicable law.
3. COPYRIGHT
All information, text, material, graphics and
advertisements on the Website ("Content") are the copyright
of GlaxoSmithKline Group of Companies (Copyright© 2001),
its suppliers and/or licensors unless indicated otherwise on the
Website. The Content is protected by Australian and international
copyright law. Unauthorised use of the Content may violate these
laws. You may download and view the Content for your personal,
non-commercial use provided that all Content is intact and in
the same form as presented on the Website (including all copyright,
trade mark and other proprietary notices). Except as expressly
provided above, nothing contained in this document shall be construed
as conferring any license or right under any GlaxoSmithKline Group
of Companies copyright.
4. TRADEMARKS
All names, logos and trademarks owned by or
licensed to the GlaxoSmithKline Group of Companies and are set
off from surrounding text, and appear in italics or all capital
letters, such as Seretide™ or SERETIDE™ . All other
trademarks displayed on the Website are trade marks of their respective
owners. Such third party trademarks are used only to identify
the products and services of their respective owners, and no sponsorship
or endorsement on the part of the GlaxoSmithKline Group of Companies
should be inferred from the use of these trademarks. Nothing contained
in the Website should be construed as granting any license or
right of use of any trademark displayed on the Website without
the express written permission of the relevant company within
the GlaxoSmithKline Group of Companies or third party owner.
5. DISCLAIMER AND LIMITATION OF LIABILITY
GSKA offers products and services to diagnose,
prevent and treat disease. Our prescription medicines for use
by healthcare professionals are regulated by government agencies
in each of the countries in which we do business, such as the
Therapeutic Goods Administration in Australia or Food and Drug
Administration in the United States. Regulations often restrict
the prescribing information that can be disclosed to the public
thus requiring personal consultation with your health care professional.
You may also need to visit other healthcare websites to find out
more about prescription products.
The Website has been developed as a service
of GSKA. Like any other service, and in spite of our best efforts
to keep the Content current, the Content may become out of date
from time to time. Nothing on this Website should be construed
as the giving of advice or the making of a recommendation and
it should not be relied on as the basis for any decision or action.
It is important that you rely only on the advice of a health care
professional to advise you on your specific situation.
GSKA makes not representation about the accuracy,
reliability, completeness or timelines of the Content. The Content
may contain inaccuracies or typographical errors. The use of the
Website and Content is at your own risk.
The Website and Content are provided on an
AS IS basis without any warranties of any kind. GSKA, to the fullest
extent permitted by law, disclaims all warranties. The Trade Practices
Act 1974 (cth) and all corresponding state legislation may confer
rights and remedies on you in relation to the provision by GSKA
on the Website of goods or services which cannot be excluded,
restricted or modified ("Prescribed Rights"). GSKA does
not exclude any Prescribed Rights but does exclude all other conditions
and warranties implied by custom, law or statute. In addition,
GSKA does not warrant that the Website will operate error free
or that this Website or its services are free of computer viruses.
Under no circumstances (including but not limited
to an act or omission on the part of GSKA) will GSKA or any other
company within the GlaxoSmithKline Group of Companies be liable
for any indirect, incidental, special and/or consequential damage
or loss of profits which result from any use or access of, or
any inability to use or access, the Website or any Content.
To the fullest extent permitted by law, GSKA's
liability for breach of any Prescribed Right which cannot be excluded
is limited at the option of GSKA to the following:
- In the case of services supplied or offered by GSKA, (a) the
supply of the services again, or (b) the payment of the cost
of having services supplied again; and
- In the case of goods supplied or offered by GSKA, (a) the
replacement of the goods or the supply of equivalent goods,
or (b) the payment of the cost of replacing the goods or acquiring
equivalent goods.
6. HYPERLINKS
This Website contains hyperlinks and other
pointers to internet websites operated by third parties ("Linked
Sites"). The Linked Sites are not under the control of GSKA
and GSKA is not responsible for the contents of any Linked Site
or any hyperlink contained in a Linked Site. The links are provided
solely for your convenience and do not indicate expressly or impliedly,
any endorsement by GSKA for the Linked Site or the products or
services provided at those sites. You link to any such Linked
Site entirely at your own risk.
We exercise no control over the quality, safety
or legality of the products or services advertised or sold and
statement made through any Linked Sites. The material on any Linked
Site, including product information and prices, are the responsibility
of the operator of the Linked Site. Any information contained
on a Linked Site is subject to change without notice by the operator
of that Website. GSKA is not liable for the prices or price changes,
including where the price changes have not been reflected on the
relevant site. Any purchases or dealings you have with a Linked
Site are done at your own risk. GSKA is not a party to any transaction
between you and a Linked Site.
7. INTERNET SERVICE PROVIDERS
If you are an internet service provider and/or
access provider, you must not use the Website in any manner or
for any purpose which is:
- unlawful or in any manner which infringes any right of GSKA
or any company within the GlaxoSmithKline Group of Companies;
or
- prohibited by the Conditions of Use.
8. TERMINATION
The Conditions of Use are effective until terminated
by GSKA. GSKA may terminate this agreement and your access to
the Website at any time without notice. In the event of termination,
you are no longer authorised to access the Website. All restrictions
imposed on you, disclaimers and limitations or liability set out
in the Conditions of Use will survive termination.
9. GOVERNING LAW
The Conditions of Use are governed by and construed
in accordance with the laws of Victoria, Australia. You irrevocably
and unconditionally submit to the non-exclusive jurisdiction of
the courts of Victoria.
10. MISCELLANEOUS
If any provision of the Conditions of Use is
found to be invalid or unforceable by a court of law, such invalidity
or unenforceability will not affect the remainder of the Conditions
of Use which will continue in full force and effect. All rights
not expressly granted are reserved.
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