Terms of Use

Use of Sites

Arrotex Pharmaceuticals Pty Ltd (ABN 30 605 552 234) and its related bodies corporate, including Arrow Pharmaceuticals Pty Ltd and Apotex Pty Ltd have various websites and social media sites relating to their businesses and products (such as Chemists’ Own pharmaceuticals, Amplio products, ApoHealth clinics, Ferrovance, Covitol, Esbeirtox, Emtrix, Inflamax Spray, Femin, Ferrogen, Oraderm, Natalis and Iron Melts) which are together referred to as Sites. By using any of these Sites you agree to comply with these Terms of Use.

You may view the material in the Sites, access material contained on the Sites and use the Sites strictly, in accordance with these Terms of Use.

If you wish to download and use any material contained in the Sites for a temporary personal purpose (such as viewing offline), you may do so. However, you may not download material contained in the Sites for reproduction without written consent from Arrotex, which consent may be conditional upon payment of any fee required by Arrotex to be paid by you for that use.

Your obligations

You must:

  • not copy or translate for commercial use, reproduce, adapt, vary or modify any material in the Sites without the express consent of Arrotex, except as expressly authorised by Arrotex (including as set out in these Terms of Use).
  • ensure your employees, subcontractors and other agents (if any) who have access to the Sites are made aware of these Terms of Use, and not provide or otherwise make available any material in the Sites in any form to any person without the written consent of Arrotex.
  • not use the material in the Sites for, or in connection with, any commercial purpose other than with the express written consent of Arrotex.

You must not use the Sites (including the social media sites) for any activities, or post or transmit to or via the Sites any information or materials, which:

  • breaches any laws or regulations, infringes a third party’s rights or privacy, or which are contrary to any applicable standards or codes 
  • interferes with other users, or defames, harasses, threatens, bullies, or offends any person, or which inhibits any other user from using the Sites 
  • is obscene, indecent, discriminatory, inflammatory or pornographic or which could give rise to civil or criminal proceedings 
  • commits or encourages a criminal offence, transmit or distribute a virus, trojan, worm or post any other material which is malicious and technologically harmful 
  • that hacks or disables any part of the Sites to corrupt data, cause annoyance to other users, send any spam, unsolicited advertising or promotional material, or attempt to affect the performance or functionality of any technology of or accessed through this Site 
  • provide false information when registering or changing your registration details


Intellectual Property rights

You acknowledge that the material in the Sites is the subject of copyright © and that it is the subject of other intellectual property and legal rights (including third-party rights).

You must not, during or at any time permit any act which infringes any of those rights and, without limiting the generality of the foregoing, you specifically acknowledge that you may not copy the material in the Sites, except as otherwise expressly authorised by these Terms of Use.

Trade marks

‘Arrotex’ and all associated trade marks of Arrotex, whether registered or unregistered, are trade marks owned by or licensed to Arrotex Pharmaceuticals and its related bodies corporate.

Access to or use of the Sites does not constitute or create a licence or any other right to use Arrotex’s name, trade marks, copyright or any other intellectual property, except as expressly provided in these Terms of Use.

Warranties

While Arrotex uses reasonable efforts to include up-to-date and accurate information on its Sites from time to time, Arrotex does not make, and expressly disclaims, any representations or warranties of any kind, either express or implied (including, without limitation, any implied warranties of merchantability, fitness for a particular purpose or non-infringement) with regard to any such information, its accuracy or completeness or the frequency that it is updated. You agree that your use of the Arrotex Sites and everything on Arrotex’s Sites is provided on an “AS IS“ and “AS AVAILABLE“ basis. Arrotex assumes no liability or responsibility for any errors or omissions in the content of its Sites. The existence of inaccurate, incomplete or superseded material in the Sites will not cause Arrotex to be in breach of these Terms of Use. 

Arrotex reserves the right to change, add or remove any material in or from the Sites without notice.

To the extent permitted by law, all implied terms are excluded and Arrotex will not be liable for any direct, special, indirect or consequential damages, losses, expenses or costs arising out of a breach of these Terms of Use, the supply of a defective program, or any error, omission or misrepresentation in any material on these Sites.

When deciding to visit the Sites, you acknowledge that you have exercised your independent judgment and have not relied on any representation made by Arrotex which has not been stated expressly in these Terms of Use.

Indemnity 

You must indemnify and keep Arrotex indemnified fully against all liabilities, damages, claims, losses, costs and expenses, which Arrotex may incur to a third party or you as a result of your breach of the provisions of these Terms of Use.

Disclaimer

You accept that Arrotex makes no undertakings to provide access to the Sites at any particular time, or for any particular length of time. You agree that Arrotex will not be held liable for any lapse in the Sites’ accessibility, or any consequences whatsoever that flow from the unavailability of the Sites.

You further accept that Arrotex will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site or to your downloading of any material posted on it, or on any Site linked to it.

This Sites may contain hyperlinks to other websites operated by third parties. These websites are provided solely for your convenience and do not indicate, expressly or impliedly, any endorsement by us of the sites or the information, products or services provided at those sites. Your access those sites and use the information, products and services made available at those websites at your own risk. You accept that Arrotex has no control over, and is not responsible for, any material contained on any third-party websites. You may be required to comply with all requirements of any third party over the conditions of use of that third party’s website.

Users are prohibited from placing a link to any of the Sites without the prior written consent of Arrotex and on terms satisfactory to Arrotex . 

Social Media

Arrotex uses a number of social media sites (eg Linkedin, Facebook and Instagram), which may change over time. We reserve the right to cease any such sites in our discretion. 

Third party social media sites will also be governed by their own particular terms of use Arrotex does not necessarily endorse, support, sanction, encourage, verify or agree with any comments, opinions or statements posted by any users or members on sites or Arrotex’s social media sites. Any information or material placed online by users, including advice or opinions, is the view and responsibility of those users and does not necessarily represent our views. You must not post or upload any comment, content or link to the sites or Arrotex’s social media sites which does not comply with these Terms of Use, including if it is defamatory, harassing, bullying, indecent or inflammatory Arrotex may moderate user-posted content and may remove any content that, in Arrotex’s opinion, is inappropriate. While we endeavour to review content regularly, there may be times when inappropriate or content is viewable before it can be removed

Arrotex does not undertake to inform users when such content has been moderated or removed. Arrotex may provide warnings, or otherwise block or suspend users or their accounts in our sole discretion

Where you post or submit content to a Site, you warrant that: 

  • You have the right to submit the content (including copyright); the content is your own original creation; and that you unconditionally and irrevocably consent to any act or omission which might infringe any moral rights you may have in the content (as defined in the Copyright Act 1968 (Cth));
  • Arrotex may copy, reproduce, publish, display, alter, or distort user submitted content, and use it for any purpose, (including without limitation, any future promotions or campaigns involving Arrotex) at any time in the future, and via any media;
  • Any personal information you provide about yourself, or any person appearing in user submitted content, may be used by Arrotex to conduct campaigns, research and marketing activities (including informing you about special offers from Arrotex, and to become part of databases maintained by Arrotex or its associated entities), and otherwise be used in accordance with Arrotex’s Privacy Policy; and
  • You have the permission of any person appearing in the content to submit it to the site, and for them and their image or likeness to be subject to these Terms of Use, including use by Arrotex and Arrotex’s Privacy Policy

Terms of Use

Your right to use and access this Sites commences upon your accessing the Sites and may be terminated without notice by Arrotex if you are in breach of any of these Terms of Use.

Upon termination, you or your representative must destroy any copies, electronic and printed, of material obtained from the Sites that you have in your possession or under your control or otherwise return or dispose of such material in the manner directed by Arrotex. Termination pursuant to this clause shall not affect any rights or remedies, which Arrotex may otherwise have under these Terms of Use or at law.

Amendments to these Terms of Use

Arrotex may at any time vary and amend these Terms of Use by publishing the varied Terms of Use on the Sites. You accept that by doing this, Arrotex has provided you with sufficient notice of the variation and amendment.

It is your responsibility to familiarise yourself with the current terms each time you visit the Sites.

Waiver

Failure or neglect by Arrotex to enforce at any time any of the provisions of these Terms of Use shall not be construed or deemed to be a waiver of the rights of Arrotex.

Jurisdiction

These Terms of Use shall be governed by and construed according to the laws of the State of Victoria, Australia.

Definitions

‘Arrotex’ means Arrotex Pharmaceuticals Pty Ltd (ABN 30 605 552 234) and its related bodies corporate. A related body corporate means a related body corporate as defined in the Corporations Law of Australia.

‘Hyperlink’ means any mechanism of providing a link from one location on the Internet (or a web page) to another location on the Internet (or a different web page, or a different location on the same web page), and includes any mechanism for linking to, or providing access to, files via the Internet.

‘Intellectual Property’ means all intellectual property rights as defined by Article 2 of the World Intellectual Property Organisation Convention of 1967, in any inventions, designs, trade marks, trade names, circuit layouts, plant varieties, business and domain names, logos and get-up, confidential information, matter, materials or works accessible on or via the Arrotex Sites.

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