1 Use of the Website
1.1 You must use the Website in a responsible and co-operative manner, in accordance with all of our terms, rules and policies, as we may update from time to time, and in accordance with all laws.
1.4 Nanosonics prohibits the use of the Website, for any of the following:
(a) transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
(b) impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
(c) posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
(d) posting or transmitting any Content that contains a virus or corrupted data;
(e) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website; and
(f) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.
2 Your Content
2.1 If you are invited to post Content on the Website by Nanosonics, Nanosonics reserves the right (but assumes no obligation) to remove or amend any such Content. Nanosonics reserves the right not to accept unsolicited Content or other material.
2.2 By submitting any Content to any public or non-public areas of this Website, you automatically grant Nanosonics a royalty-free, irrevocable, non-exclusive, transferable right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.
2.3 You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Nanosonics the rights and licence stated above.
3 Career information
4 Information displayed on our Website
All health, medical and other information displayed on our Website, if any, is presented in summary form only and is intended to provide general consumer understanding of the intended operation and benefits of Nanosonics’ products displayed from time to time on this Website. Detailed information about the operation of Nanosonics’ products may be obtained by contacting us. Information on the operation and maintenance of Nanosonics’ products will also be supplied at the time of purchase and installation of Nanosonics’ products. The information displayed on this Website must not be relied on as your sole source of information for the operation and maintenance of Nanosonics’ products.
5.3 For completeness, Nanosonics will not disclose your Personal Information to any third party (other than its related bodies corporate or a partner) without your consent in writing, unless otherwise required by law, or unless such disclosure is reasonably necessary in the opinion of Nanosonics to protect its rights or property or to avoid injury to any person. However, in the event of a merger, acquisition or sale of the whole or part of the business of Nanosonics we reserve the right to transfer your Personal Information as part of any such transaction.
6 Intellectual Property
6.1 Nanosonics owns all rights, title and interest (including present and future copyright) in its Website. All materials including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on our Website (Material) are owned exclusively by Nanosonics, its related bodies corporate or others who have licensed their material to Nanosonics (unless expressly indicated otherwise).
6.3 You may not:
(a) copy, modify, reverse-engineer, distribute, sell or lease any part of the Website or any other intellectual property on the Website without our prior written consent;
(b) use any trade mark or service mark appearing on this Website without the prior written consent of Nanosonics or the owner of the trade mark; or
(c) use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Materials in any way.
6.4 For the avoidance of any doubt, the words ‘Nanosonics’ and ‘Trophon’, and all product and service names, design marks and slogans are the trade marks or service marks of Nanosonics.
7 Third party material
The Website may contain links or other connections to Websites operated by parties other than Nanosonics (Links). These Links are provided for convenience only. If you use a Link to access a third party Website, you do so entirely at your own risk. Nanosonics’ inclusion of Links or other connections to third party Websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Nanosonics and Nanosonics is not responsible for the products and/or services being advertised.
(a) as to the availability of any product, good, service, process or technology described on the Website;
(b) that the functions contained in the Website or your access to the Website will be error-free;
(c) that any defects on the Website or the Materials will be corrected;
(d) that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful; or
(e) that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.
8.2 You represent and warrant, and it is a condition of using our products and services, including our Website, that:
(a) all information you provide to Nanosonics is accurate and is not, whether by omission of information or otherwise, misleading; and
9 Limitation of Liability
9.1 To the maximum extent permitted by law, in no event will Nanosonics be liable to you for any loss or damage of any kind (including Consequential Loss) arising out of or in connection with:
(a) your use of, or your inability to use, our Website;
(b) delays or disruptions in our Website;
(c) viruses or other malicious software obtained by accessing our Websites or any Website or service linked to our Website or services;
(d) glitches, bugs, errors, or inaccuracies of any kind in our software, Website, systems or other services or in the information and graphics obtained from them;
(e) the content, actions, or inactions of third parties; or
(f) a suspension or other action taken with respect to your account.
(a) loss of revenue;
(b) loss of reputation;
(c) loss of profits;
(d) loss of bargain;
(e) loss of actual anticipated savings;
(f) lost opportunities, including opportunities to enter into arrangements with third parties;
(g) loss of connection with claims by third parties; and
(h) loss or corruption of data.
(a) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the reasonable cost of repairing or replacing the goods or supplying equivalent goods; and
(b) in the case of any service, the supply of the service again or the payment of the reasonable cost of having the service supplied again.
9.6 If you have a dispute with any other party using Nanosonics’ goods or services, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
10.1 You indemnify and hold us and each of our officers, directors and employees harmless from any claim or loss (including legal fees) arising out of or in connection with:
(b) your breach of any law; and
(c) your breach of any right of a third party.
11.1 You can stop using our Website at any time without cost.