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User Agreement |
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printer friendly version BC Biogenics Pty Ltd User Agreement Last revised and published on 24th March, 2011 OVERVIEW This document is a User Agreement ("Agreement"). The following describes the terms and conditions that govern your (or "you") use and access to all Products and Services (including, but not limited to, subscription publications) made available (in any way, shape or form) by BC Biogenics Pty Ltd ("BCB" or "we" or "our" or "ours") via http://www.bcbiogenics.com ("BCB Website"). As such, the terms and conditions outlined in this Agreement also govern all other Products and Services offered by BCB via the BCB Website as stated either directly in this document or indirectly by reference. This document can be reviewed or downloaded by going to http://www.bcbiogenics.com/user-agreement.htm ("Location"). 1. ACCEPTANCE YOU MUST READ, UNDERSTAND, AGREE WITH AND ACCEPT ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS USER AGREEMENT BEFORE YOU MAY BE ALLOWED TO GAIN ACCESS TO AND USE ANY BCB WEBSITE SUBSCRIPTION PUBLICATION OR TO GAIN ACCESS TO AND USE ANY OTHER PRODUCTS AND SERVICES OFFERED BY BCB VIA THE BCB WEBSITE OR VIA ANY OTHER MEANS PROVIDED BY BCB IN RELATION TO THE BCB WEBSITE. BY CLICKING ON THE APPLICABLE CHECK BOX THUS APPLYING A "TICK" SYMBOL AND/OR BY USING YOUR ACCESS TO ANY BCB WEBSITE SUBSCRIPTION PUBLICATION OR OTHER BCB WEBSITE PRODUCT OR SERVICE YOU AGREE, WITHOUT LIMITATION OR QUALIFICATION, TO BE BOUND BY AND TO COMPLY WITH, ALL TERMS AND CONDITIONS OUTLINED IN THIS USER AGREEMENT AND ANY OTHER POSTED POLICIES, AGREEMENTS, INFORMATION PAGES, GUIDELINES, RULES AND OTHER GENERAL LITERATURE APPLICABLE TO ANY INDIVIDUAL BCB PRODUCT OR SERVICE (INCLUDING ANY AMENDMENTS THAT COME INTO AFFECT) THAT YOU USE OR GAIN ACCESS TO VIA THE BCB WEBSITE. ALL SUCH POLICIES, AGREEMENTS, INFORMATION PAGES, GUIDELINES, RULES AND OTHER GENERAL LITERATURE (INCLUDING ANY AMENDMENTS THAT COME INTO AFFECT) ARE HEREBY INCORPORATED BY REFERENCE INTO THIS USER AGREEMENT. BY CLICKING ON THE APPLICABLE CHECK BOX THUS APPLYING A "TICK" SYMBOL AND/OR BY USING YOUR ACCESS TO ANY BCB WEBSITE SUBSCRIPTION PUBLICATION OR OTHER BCB WEBSITE PRODUCT OR SERVICE YOU ALSO ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AGREED WITH AND ACCEPTED THE TERMS AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH ANY OF THE TERMS AND CONDITIONS SET FORTH HEREIN, DO NOT CLICK ON THE APPLICABLE CHECK BOX APPLYING A "TICK" SYMBOL OR MAKE USE OF ANY BCB WEBSITE PRODUCT OR SERVICE. 2. ELIGIBILITY 2.1 Membership. BCB has a Membership Agreement which applies to all restricted Products and Services and the Membership Agreement is incorporated into this Agreement by reference. All restricted BCB Website Products and Services are available only to, and may only be used by, individuals who have a current and valid Membership and you will continue to be bound by its provisions (and any amendments to our Membership Agreement that come into affect) while you are accessing and using BCB Website Products and Services. Our current Membership Agreement is available at http://www.bcbiogenics.com/membership-agreement.htm. 2.1 Regulation. Our Products and Services are available only to, and may only be used by, individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Products and Services are not available to persons under 18 years of age or to temporarily or indefinitely suspended BCB Website account holders and/or Membership account holders. If you do not qualify, please do not purchase or use our Products and Services. Further, your BCB Website account, your Membership account and all details relating to these accounts may not be transferred or sold to another party. 2.2 Products and Services Prerequisites. Certain Products and Services offered by BCB via the BCB Website require that specific prerequisites be met (such as, but not limited to, current and valid Membership) before they can be purchased and/or accessed and/or used. Such prerequisites shall be outlined in the description of any relevant product or service. 2.3 Approval. You acknowledge and agree that BCB may accept or reject, in its sole and absolute discretion, any purchase order and/or request for access (such as, but not limited to, in relation to non-fee paying Products and Services) made by you for any Products and Services made available by BCB via the BCB Website. 3. FEES Any fee or fees applicable to any chosen Products and Services will be set out in the description of such. We may, in our sole and absolute discretion, change some or all of our Products and Services at any time. In the event we introduce a new product or service, the fee or fees for that product or service are effective as of the launch of the product or service. Unless otherwise stated, all fees are quoted in United States of America Dollars (USD). You are responsible for paying all fees associated with using our Products and Services and all applicable taxes (including any goods and services or value added taxes, which will be added to amounts billed to you). 4. REGISTRATION DATA Certain Products and Services provided by BCB via the BCB Website will require you to provide and register certain data ("Your Information"). In consideration of use of such Products and Services, in registering and providing Your Information, you represent and warrant that: (a) the information about yourself is true, accurate, current, and complete (apart from optional items) as required by designated registration forms ("Registration Data"); and (b) you will maintain and promptly update the Registration Data to keep it true, accurate, current and complete. Furthermore, if you provide any information that is untrue, inaccurate, not current or incomplete, or BCB has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, BCB has the right to suspend or terminate your BCB Website account and refuse any and all current or future use of BCB's Products and Services via BCB Website. As per the terms and conditions of our Membership Agreement, BCB also has the right to suspend or terminate your Membership account. All registrations become the exclusive property of BCB. BCB reserves the right to use and reuse all registration and other personally identifiable user information subject to our Privacy Policy. 5. YOUR INFORMATION 5.1 Supply. Your Information must not: a. be false, inaccurate or misleading; b. be fraudulent; c. infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; d. violate any applicable law, statute, ordinance or regulation; e. be defamatory, trade libellous, unlawfully threatening or unlawfully harassing; f. be obscene or contain child pornography or, if otherwise adult in nature or harmful to persons under the age of 18 years, shall be distributed only to people legally permitted to receive such content; g. contain any content that may be considered to be prohibited or potentially prohibited content for the purposes of the Australian Broadcasting Services Act 1992 (Cth) or other similar governing law applicable to you; h. contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, modify, delete, detrimentally interfere with, surreptitiously intercept, access without authority or expropriate any system, data or personal information; and i. create liability for us or cause us to lose (in whole or in part) the services of our ISPs (Internet Service Providers) or other suppliers. 5.2 License. Solely to enable BCB to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. BCB will only use Your Information in accordance with our Privacy Policy. 6. USER ID AND PASSWORD As part of the registration process, you will select a User ID and Password. If your access is set up by us you must immediately change (as applicable) the generic User ID and/or Password used for that purpose. You must take care to keep your User ID and Password confidential. You must not disclose your User ID and/or Password to anyone and you must take care where you write down your User ID and Password on paper or where you store your User ID and Password electronically. You could be liable to pay compensation if an unauthorised person gains access to BCB's fee payable Products and Services as a result of your failure to keep your User ID and Password confidential. 7. PRIVACY 7.1 Privacy Policy. BCB has a Privacy Policy which applies to all BCB Website Products and Services and is incorporated into this Agreement by reference. Our current Privacy Policy is available on the BCB Website (located at http://www.bcbiogenics.com/privacy-policy.htm). You will continue to be bound by the provisions of our Privacy Policy (and any amendments we make to our Privacy Policy) while you are accessing and using BCB Website Products and Services. 7.2 Exclusions. If you submit any business information, idea, concept or invention to BCB via any of its owned or operated websites or via any other means (such as, but not limited to, postal mail, telephone or facsimile) you automatically grant or warrant that the owner of such content or intellectual property has expressly granted BCB a royalty-free, perpetual, irrevocable, world-wide nonexclusive licence to use, reproduce, create derivative works from, modify publish, edit, translate, distribute, perform and display the communication or content in any media or medium, or any form, format or forum now known or hereafter developed. BCB may sublicense its rights through multiple tiers of sublicenses. If you wish to keep any business information, ideas, concepts or inventions private or proprietary do not submit them to BCB without first conducting the relevant legal requirements to restrict its use. 8. ACCESS AND INTERFERENCE Our URL (Uniform Resource Locator) providing BCB Website Products and Services contains robot exclusion headers, robot.txt files and other robot limiting practises and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to bypass our robot exclusion headers, or to interfere or attempt to interfere with the proper working of the BCB Website or any transaction being conducted through our BCB Website web pages. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from the BCB Website without the prior express written permission of BCB or the appropriate third party authorised to grant such permission. 9. SUBSCRIPTIONS AND RENEWALS 9.1 Subscription based BCB Website Products and Services shall, except as stated under section 9.2 or in an individual product's description, operate for the ‘natural lifetime' of a Subscriber or until such time as BCB, in its sole and absolute discretion and without notice or cause, decides to no longer provide any or all relevant BCB Website Products and Services. BCB may, in its sole and absolute discretion and without notice or cause, also discontinue the provision of any or all BCB Website Products and Services based on specific geographical locations of its sole and absolute choosing. 9.2. Renewal. In order to maintain an accurate database of current Subscribers, it is the responsibility of all Subscribers to renew each of their subscription/s as, in our sole and absolute discretion, requested. Unless otherwise stated in a product's description at the time of subscribing, there will be no fee payable for each renewal. Notification of renewal will be provided via email only and will state the relevant date of expiration and the relevant date until which you have and/or time frame in which you have to renew any given subscription/s. 9.3 Failure to renew. Failure to renew by the stated the relevant date until which you have and/or time frame in which you have to renew any given subscription/s will result in the full termination of access to and use of the relevant Products and Services and, where applicable, fees will be payable to regain access thereafter. Further, if an expired product or service is a prerequisite for other products and/or services then these associated products and/or services will be suspended until the prerequisite product or service is renewed. 10. CONTENT 10.1 BCB reserves the right to correct any errors or omissions, and change any portion of BCB Website Products and Services and other BCB websites and BCB Products and Services made available via the BCB Website without notice. We may remove any material at any time without cause and without notice to any person. The removal of material is not an admission that the material is inappropriate nor is it an admission of liability by BCB. 10.2 As a guide, where BCB has received a complaint about content, it will ordinarily remove that content if it: a. is false or misleading; b. is likely to cause injury or harm; c. violates any applicable laws, rules or regulations; or d. is in our opinion of a vexatious nature. 10.3 Although BCB may, from time to time, notify BCB Website account holders of updated content, it is your own responsibility to keep up to date with all content published relating to any Products and Services provided to you. 11. INTERNET PROTOCOL ("IP") ADDRESS RESTRICTIONS Access to the content of restricted BCB Website Products and Services shall be limited to access via a maximum of three (3) differing IP addresses (that is, a maximum of three (3) different internet access locations). This is to help minimise the incidence of fraud whilst also providing account holders with a reasonable level of access to BCB Website Products and Services. It is recognised that some Internet Service Providers ("ISP's") do, from time to time, change their customers' IP addresses and this shall be taken into consideration and a reasonable level of support, as determined in our sole and absolute discretion, shall be given to help overcome this problem. It is also recognised that people do, from time to time, change the locations of their residency and/or occupations and this too shall also be taken into consideration and a reasonable level of support, as determined in our sole and absolute discretion, shall be given to help overcome such problems in relation to our IP Address Restrictions. 12. NON-USE 12.1 Notice. Unless otherwise agreed upon in writing by BCB and except as stated under section 12.2, the information provided to you via the BCB Website Products and Services is for personal use only. Unless otherwise agreed upon in writing by BCB and except as stated under section 12.2, you agree that all information supplied to you via the BCB Website Products and Services will not be used in any way, shape or form nor by any means available both now and in the future to further any commercial or non-commercial purpose (including, but not limited to, all forms of research and development for medical or otherwise use, all forms of educational purposes, all forms of professional development (vocational or otherwise), all forms of provision of health or medical advice and services, all forms of provision of consultancy services and all forms of provision of food related products and services). 12.2 Exemption. The obligations under section 12.1 of this Agreement do not extend to any information: a. that is publicly available at the date of its disclosure to you; b. that is, at the date of its disclosure to you, already properly in your possession in written form from sources other than BCB or our BCB Website; c. that, after the date of its disclosure to you, becomes publicly available from sources other than BCB or our BCB Website; d. that, after the date of its disclosure to you, properly becomes available to you on a non-confidential basis from a third party having no obligation of confidentially or non-use to BCB or our BCB Website with respect thereto; or e. that is independently developed by an employee or officer engaged by you having no knowledge of the BCB Website Products and Services information. Further, the burden of showing that any Non-use information is not subject to the obligations of non-use in this Agreement will rest on you. 13. AFFILIATE PROGRAM Your approved BCB Website account may also include an automatic account registration with one or more of our products' or services' related Affiliate Program ("AP"). Participation in any AP is voluntary and your non-use of any AP will not affect your use of and access to the related product/s or service/s in any way, shape or form. Each individual BCB product and service AP has an Affiliate Program Agreement which applies to the AP and these are incorporated into this Agreement by reference. Your participation in the AP will act as your acknowledgment that you have read, understood and accepted our Affiliate Program Agreement and you will continue to be bound by its provisions (and any amendments we make to the Affiliate Program Agreement) while you are participating in the AP. Details of the current Affiliate Program Agreement relative to each product or service can be found on the respective website pertaining to such products and services. 14. COPYRIGHT 14.1 All content, including that of which is either or both literary or artistic in nature, provided via the BCB Website is subject to full Australian and International copyright law. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from any of our web pages without the prior express written permission of BCB or the appropriate third party authorised to grant such permission. 14.2 Web Browser. Web pages displaying restricted content of the BCB Website utilise various copyright protection methods. These protection methods may require specific web browser specifications. We recommend that you use Microsoft Internet Explorer version 6 or above with JavaScript version 5 or above installed and enabled to ensure the best ability to properly access and view all restricted web pages. Using web browsers other than Microsoft Internet Explorer or versions of Microsoft Internet Explorer earlier than version 6 and/or web browsers without JavaScript version 5 or higher installed and enabled may cause difficulties in accessing and viewing restricted web pages. BCB accepts no responsibility for your inability to access or view web pages due to web browser incompatibilities or similarly related internet access incompatibilities. 15. NOTICE This document may be amended at any time in our discretion by publishing the amended Agreement at the specified Location. All users accept, without recourse, that it is their individual responsibility to maintain understanding, familiarity and compliance with this Agreement in its entirety, by keeping themselves up to date with changes to this Agreement as they are published at the specified Location. Except as stated below, all amended terms and conditions shall, according to whichever occurs first, automatically be effective twenty-eight (28) days after they are initially published at the specified Location or as of the next time you log in to your BCB Website account. Unless your BCB Website account is terminated before either of these occurrences, your continued use of your BCB Website account will infer that you are in agreement with all amendments to this Agreement. This Agreement may not be otherwise amended except in writing signed by you and BCB. This Agreement is effective on the earlier of your registration date or 24th March, 2011 for new registering users. 16. BREACH Without limiting other remedies available to BCB at law, in equity or under this Agreement, we may, in our sole and absolute discretion, immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your BCB Website account (including your access to and use of purchased BCB Website Products and Services) and refuse to provide further Membership Entitlements to you if: a. you breach this Agreement, the Privacy Policy, the Affiliate Program Agreement or the policies, agreements, information pages, guidelines, rules or other general literature (and including any amendments that come in to affect) applicable to any individual BCB product or service those documents incorporate by reference; b. we are unable to verify or authenticate any information you provide to us; or c. we believe that your actions may cause legal liability for you, our Membership account holders, our BCB Website account holders, our affiliates, our partners, any other related third parties or us directly. 17. NOT CERTIFIED HEALTH ADVICE The products, information, services, text, graphics, images and other content provided via the BCB Website or any other websites owned or operated by BCB, including without limitation any products, information, services, text, graphics, images and other content provided on any linked website, are provided for informational purposes only to facilitate discussions with your physician or other healthcare professional regarding treatment options. The information provided on our websites and linked websites, including without limitation information relating to medical and health conditions, products and treatments, is often provided in a summary or aggregate form. It is not intended as a substitute for advice from your physician or other healthcare professional, or any information contained on or in any product label or packaging. You should not use the information, products or services on our websites for diagnosis or treatment of any health issue or for prescription of any medication or other treatment without first consulting your physician or other health professional. You should always speak to your physician or other health professional and carefully read all information provided by the manufacturer of a product and on or in any product label or packaging before using any medication or nutritional, herbal or homeopathic product, before adopting any treatment for a health problem, before adopting any dietary recommendations or before adopting any diet or exercise program. You should always speak to your physician or other health professional if you have or suspect you might have any kind of health problem. Each person is different, and the way you react to a particular product, treatment, program or recommendation may be significantly different form the way other people react to such. BCB is not responsible for any information, product, service or other content sold on or through any of its websites or any claims of quality or performance made on or through the BCB Website, including any claims of quality or performance made on or through any linked site. You are advised that other websites on the Internet, including without limitation linked sites, might contain material or information that some people may find offensive or inappropriate; or that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libellous, infringing of others' rights or otherwise unlawful. BCB expressly disclaims any responsibility for the content, legality, decency or accuracy of any information, and for any products and services that appear on any linked website. The products, information, services and other content provided on or through the BCB Website have not been evaluated by any national or international government or non-government food, drug or health administration or authority. As such, the products, information, services and other content provided on or through this website are not intended to guarantee the proper or complete diagnosis, treatment, cure or prevention of any disease. Never disregard professional medical advice or delay in seeking it because of something you have read on the BCB Website or any other website owned or operated by BCB! If you think you may have a medical emergency, call your doctor or the relevant emergency number in your area (for example, 911 or 000) immediately. BCB does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on any of BCB's websites. Reliance on any information provided by BCB, BCB employees, others appearing on any of BCB's websites at the invitation of BCB or other visitors to BCB's websites is solely at your own risk. BCB's websites may contain heath related or medical related materials that are sexually explicit. If you find these materials offensive, you may not want to use our websites. Our websites and their content are provided on an "as is" basis. 18. FRAUD Without limiting any other remedies available to BCB at law, in equity or under this Agreement, BCB may, in its sole and absolute discretion, suspend or terminate your BCB Website account and/or Membership account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise in our sole and absolute discretion) have engaged in fraudulent activity in connection with the BCB Website or any of our other Membership related Products and Services. 19. NO WARRANTY 19.1 WE AND OUR SUPPLIERS PROVIDE OUR WEBSITES AND RELATED PRODUCTS AND SERVICES ON AN ‘AS IS' BASIS AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FURTHERMORE WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR PRODUCTS AND SERVICES AND OPERATION OF OUR WEBSITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL. 19.2 TO THE FULLEST EXTENT PERMITTED BY LAW, BCB DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED IN THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH THE PRODUCTS AND SERVICES OR THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. BCB SIMILARLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY WARRANTIES FOR ANY AND ALL INFORMATION OR ADVICE OBTAINED THROUGH THE PRODUCTS AND SERVICES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT BCB DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, LEGALITY, RELIABILITY, OR OPERABILITY OR AVAILABILITY OF INFORMATION OR MATERIAL IN THE PRODUCTS AND SERVICES. BCB DISCLAIMS ANY RESPONSIBILITY FOR THE DELETION, FAILURE TO STORE, MISDELIVERING, OR UNTIMELY DELIVERY OF ANY INFORMATION OR MATERIAL. 19.3 BCB DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY HARM RESULTING FROM DOWNLOADING OR ACCESSING ANY INFORMATION OR MATERIAL THROUGH THE PRODUCTS AND SERVICES, INCLUDING, WITHOUT LIMITATION, FOR HARM CAUSED BY VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. BCB MAKES NO WARRANTY REGARDING THE RELIABILITY OR ACCESSIBILITY OF PRODUCT AND SERVICE WEB PAGES OR ANY STORAGE FACILITIES OFFERED BY BCB. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PRODUCTS AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS IN THE DOWNLOAD OF SUCH MATERIAL. 19.4 To the extent that BCB and all affiliates and other related entities of BCB are able to limit the remedies available under this Agreement, and subject to section 20 (LIABILITY LIMIT) of this Agreement, BCB and all affiliates and other related entities of BCB expressly limit their liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at BCB's sole and absolute discretion): a. in the case of goods, any one or more of the following: i. the replacement of the goods or the supply of equivalent goods; ii. the repair of the goods; iii. the payment of the cost of replacing the goods or of acquiring equivalent goods; or iv. the payment of the cost of having the goods repaired; and b. in the case of services: i. the supply of the services again; or ii. the payment of the cost of having the services supplied again. 20. LIABILITY LIMIT 20.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES SHALL BCB, ITS AFFILIATES, ITS PARTNERS OR OTHER RELATED ENTITIES BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (EVEN IF BCB, ITS AFFILIATES, ITS PARTNERS OR OTHER RELATED ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE PRODUCTS AND SERVICES, FROM INABILITY TO USE THE PRODUCTS AND SERVICES, OR FROM THE INTERRUPTION, SUSPENSION OR TERMINATION OF THE PRODUCTS AND SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE PRODUCTS AND SERVICES OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE PRODUCTS AND SERVICES. SUCH LIMITATION SHALL APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE PRODUCTS AND SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, BCB. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. SUCH LIMITATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. SUCH LIMITATION OF LIABILITY SHALL ALSO APPLY TO ANY DAMAGE CAUSED BY LOSS OF ACCESS TO, DELETION OF, FAILURE TO STORE, FAILURE TO BACK UP OR ALTERATION OF USER WEB PAGES OR OTHER CONTENT STORED THROUGHOUT BCB'S PRODUCTS AND SERVICES. 20.2 UNDER NO CIRCUMSTANCES SHALL BCB, ITS AFFILIATES OR OTHER RELATED ENTITIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES OR CAUSES BEYOND ITS REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, LOSS OF OR FLUCTUATIONS IN HEAT, LIGHT OR AIR CONDITIONING, OR BY THIS AGREEMENT. 21. INDEMNITY YOU AGREE TO INDEMNIFY AND HOLD US AND (AS APPLICABLE) OUR PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM AND AGAINST ANY CLAIMS, DEMANDS, PROCEEDINGS, LOSSES AND DAMAGES (ACTUAL, SPECIAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, INCLUDING REASONABLE SOLICITORS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE POLICIES, AGREEMENTS, INFORMATION PAGES, GUIDELINES, RULES AND OTHER GENERAL LITERATURE APPLICABLE TO ANY INDIVIDUAL BCB PRODUCT OR SERVICE (INCLUDING ANY AMENDMENTS THAT COME INTO AFFECT) IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY. 22. LEGAL COMPLIANCE You shall comply with all applicable domestic (including common law) and international laws, statutes, ordinances and regulations regarding your use of our Products and Services. Specifically, you must ensure that your activities and Your Information you post on the BCB Website do not violate any Australian laws, such as the Broadcasting Services Act 1992 (Cth), the Trade Practices Act 1974 (Cth) and any other relevant state-based fair trading legislation or other similar governing laws applicable to you. You alone, and not BCB, are responsible for confirming that your activities are lawful. You must ensure that you comply with all applicable laws. You must also ensure that you comply with the clauses of this Agreement and the Privacy Policy and all other policies, agreements, information pages, guidelines, rules and other general literature applicable to any individual BCB product or service (including any amendments that come into affect) incorporated by reference in those documents. 23. NO AGENCY You and BCB are independent contractors, and no agency, partnership, joint venture, employee-employer, sales representative or franchiser-franchisee relationship is intended or created by this Agreement. 24. COMMUNICATIONS Except as explicitly stated otherwise, any communications shall be given by ordinary post (or if posted to or from a place outside Australia, by airmail) or by facsimile transmission to BC Biogenics Pty Ltd, Po Box 37, Banksia, NSW 2216 Australia, Facsimile: +61 2 8509 5339 (in the case of BCB) or to the email address you provide to BCB during the registration process (in your case). Alternatively, we may give you notice by registered or certified ordinary post, registered or certified airmail, postage prepaid and return receipt requested, to the address provided to BCB during the registration process (where applicable), or as updated by you as relevant. Any notice shall be deemed given: (a) if sent by email, 24 hours after email is sent, unless the sending party is notified that the email address is invalid; (b) if sent by pre-paid post, three (3) Business Days after the date of posting, and on the seventh Business Day if sent to or posted from outside Australia; and (c) if sent by facsimile transmission, on the Business Day the transmission is sent (as long as the sender has a confirmation report specifying the facsimile number listed above, the number of pages sent and the date of the transmission). For purposes of this section, "Business Day" means a day on which banks are open for general business in Sydney, New South Wales, other than a Saturday, Sunday or public holiday. 25. ARBITRATION Any controversy or claim arising out of or in connection with this agreement may at our sole and absolute discretion be settled by binding arbitration by reference to a commercial disputes centre. You agree to be bound by the ruling arbitrator. The costs of the dispute are borne by the originator. 26. PUBLIC ANNOUNCEMENT You may not mention BCB or the BCB Website in a press release or other public statement unless You have received prior written approval from BCB. 27. GENERAL THIS AGREEMENT SHALL BE GOVERNED IN ALL RESPECTS BY THE LAWS OF THE STATE OF NEW SOUTH WALES, AUSTRALIA. ALL USERS OF THE BCB WEBSITE IRREVOCABLY SUBMIT TO THE NON-EXCLUSIVE JURISDICTION OF THE COURTS OF NEW SOUTH WALES, AUSTRALIA. THE PROVISIONS OF THIS AGREEMENT ARE SEVERABLE, AND IF ANY PROVISION OF THIS AGREEMENT IS HELD TO BE INVALID OR UNENFORCEABLE, SUCH PROVISION MAY BE REMOVED AND THE REMAINING PROVISIONS SHALL BE ENFORCED. YOU AGREE THAT THIS AGREEMENT AND ALL INCORPORATED AGREEMENTS, INFORMATION PAGES, GUIDELINES, RULES AND OTHER GENERAL LITERATURE APPLICABLE TO ANY INDIVIDUAL BCB PRODUCT OR SERVICE MAY BE AUTOMATICALLY ASSIGNED BY BCB, IN OUR SOLE AND ABSOLUTE DISCRETION, TO A THIRD PARTY IN THE EVENT OF A MERGER OR ACQUISITION. HEADINGS ARE FOR REFERENCE PURPOSES ONLY AND IN NO WAY DEFINE, LIMIT, CONSTRUE OR DESCRIBE THE SCOPE OR EXTENT OF SUCH SECTION OR THIS AGREEMENT. OUR FAILURE TO ACT WITH RESPECT TO A BREACH BY YOU OR OTHERS DOES NOT WAIVE OUR RIGHT TO ACT WITH RESPECT TO SUBSEQUENT OR SIMILAR BREACHES. YOU AGREE THAT THIS AGREEMENT MAY NOT BE CONSTRUED ADVERSELY AGAINST US SOLELY BECAUSE WE PREPARED IT. THIS AGREEMENT AND THE TERMS AND CONDITIONS INCORPORATED HEREIN SET FORTH THE ENTIRE UNDERSTANDING AND AGREEMENT BETWEEN US WITH RESPECT TO THE SUBJECT MATTER HEREOF. SECTIONS 3 (FEES) WITH RESPECT TO FEES OWED FOR OUR PRODUCTS AND SERVICES, 12 (NON-USE), 8 (ACCESS AND INTERFERENCE), 17 (NOT CERTIFIED HEALTH ADVICE), 20 (LIABILITY LIMIT), 21 (INDEMNITY) AND 25 (ARBITRATION) SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. 28. ENTIRE AGREEMENT This User Agreement represents the complete agreement and understanding between the parties, and supersedes any other oral, written or otherwise implied communications or understandings between the parties regarding the subject matter hereof. No amendment or modification to this Agreement will be binding upon BCB unless agreed to by an authorized representative of BCB. printer friendly version |
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