Acceptance of Terms of Use
- This website, www.aftpharm.com/nz-en/ (“Website”) is owned and operated by AFT Pharmaceuticals Ltd and its affiliated entities (referred to on the Website as “AFT”, “we”, “our” or “us”).
- Your use of the Website is governed by these terms of use (“Terms of Use”).
- By accessing and browsing the Website you confirm that you accept and agree to be bound by these Terms of Use.
Amendments to Terms of Use
- We may amend these Terms of Use from time to time by posting the amended or new terms on the Website. You should check and read these Terms of Use regularly to ensure you understand the Terms of Use that apply at that time.
- By continuing to use the Website after any such amendment or new terms, you are deemed to have agreed to the amended or new Terms of Use.
Intellectual Property
- All intellectual property on the Website, including without limitation, the text, graphics, photographs, logos, icons, buttons, images, copyright works and trademarks, is owned by us or licensed to us (by third-party content suppliers or licensors). That intellectual property is protected by laws and treaties in New Zealand and around the world.
- We are the exclusive owner or licensee of all rights in the compilation, design and layout of the Website. Any goods, process or technology described in the Website may be the subject of other intellectual property rights reserved by us.
- Nothing contained in these Terms of Use shall be construed as conferring on you by implication, estoppel or otherwise any licence or right under any patent, trade mark, copyright or other intellectual property right of ours or any third party. Except to the extent required by you to use the Website in accordance with these Terms of Use, you are not permitted to use this intellectual property and doing so may infringe ours and/or the owners’ rights. Any rights not expressly granted herein are reserved.
Use on Behalf of Organisation
- If you, the individual accessing and/or using the Website, does so for or on behalf of an organisation, you warrant that you have the appropriate authority and power to do so on behalf of that organisation and are authorised to accept these Terms of Use on behalf of the organisation. You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms of service, and that they comply with them.
Right to Use Website and Content
- You may access, view, reproduce and print the content on the Website, provided you only use that content for informational and other non-commercial purposes.
- You must not use any part of the content on the Website for commercial purposes without obtaining a licence to do so from us or our licensors.
- To the extent permitted by applicable law, except to the extent required by you to use the Website in accordance with these Terms of Use any distribution, copying, reproduction, reselling, publishing, transmitting or storage of the content on the Website is prohibited, except with our express prior written permission.
Hyperlinking
- You may not link to the Website without our prior written consent. Should we give our consent you will ensure that any such link to the Website is fair and legal and does not damage our reputation or take advantage of it. If you wish to link any part of the Website, please email your request to customer.service@aftpharm.com.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exist. You must not establish a link to the Website in any website that is not owned by you. We reserve the right to prohibit links to the Website or to withdraw linking permission, and you agree to remove or cease any link upon our request. You may not frame any part of the Website material by including advertising or other revenue-generating material, nor may you create a link to any part of the Website other than the home page.
Disclaimer
- The information provided on the Website is provided to you free of charge, for your personal and non-commercial use for general information only.
- The Website has not been prepared to take into account the particular objectives, situation, health or needs of any individual users and does not amount to advice on which you should rely. You must make your own assessment of the suitability and appropriateness of the material and services on the Website for their particular use.
- Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is current, accurate or complete when you access it or in respect of the condition, quality or fitness for any purpose of our Website (including any content therein).
- . Any reliance upon the information and material provided on the Website shall be at your own risk. We have no liability or responsibility for any errors or omissions in the content on the Website.
- We do not warrant that the Website and/or your use of the Website will be faultless, immediate, continuous, secure or free from bugs or viruses. Internet transmissions are never entirely secure or private. Accordingly, we do not warrant that any information you provide through the Website will not be read or intercepted by others. We will not have any liability for the interception, ‘hacking’ or other unauthorised access of information provided through the Website. You are responsible for configuring your information technology, computer programs and platform to access to the Website. You should use your own virus protection software.
- The Website may include information and materials uploaded by other users. This information and these materials have not been verified or approved by us. The views expressed by other users on the Website do not represent our views or values.
Third Party Websites and Materials
- The Website may contain links to other websites or resources provided by third parties, governed by their own sets of terms and conditions. These websites or resources have not been prepared by us and are not controlled by us. Such links should not be interpreted as approval by us of those linked websites of information you may obtain from them. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with third party websites the Website links to.
Your Responsibilities
- You agree to use the Website only for the purposes for which it is being provided, in accordance with these Terms of Use. You must not use the Website for any improper, injurious, offensive or unlawful purposes. You must not damage or disrupt the Website.
- You are responsible for any actions you take based on services or information obtained through the Website, and all outcomes resulting from your use of those services or information.
- You are responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use the Website.
- You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to the Website or any services provided via, or in relation to, the Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):
- Any “robot”, “bot”, “spider”, “scraper” or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of the Website or any data, content, information or services accessed via the same.
- Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.
- You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to the Website or any of the services or information made available to you through the Website.
Indemnification
- You agree to indemnify us and our related or associated companies, relevant suppliers, licensors, agents, officers, and employees (each an “Indemnified Party”) against all liabilities, costs, expenses, damages and losses (including but not limited to any direct, indirect or consequential losses, loss of profit, loss of reputation and all interest, penalties and legal costs (calculated on a full indemnity basis) and all other professional costs and expenses) suffered by us arising out of or in connection with any:
- breach by you of any of your obligations under the Terms of Use;
- of your negligent acts or omissions; or
- claim, suit or action brought against the Indemnified Party by a third party that the Indemnified Party’s use of any material provided by you in connection with the Website actually or allegedly infringe that third party’s intellectual property rights.
Privacy and Cookies
- AFT is committed to your privacy. AFT will ensure that all information that it collects, records, handles and discloses about you adheres to:
- the Privacy Act 2020;
- the AFT Privacy Policy (which can be accessed at www.aftpharm.com/nz-en/privacy-policy); and
- the AFT Cookies Policy (which can be accessed at www.aftpharm.com/nz-en/terms-of-use).
All Liability Excluded
- These Terms of Use are to be read subject to the Consumer Guarantees Act 1993 (CGA), and nothing in these Terms of Use exclude, limit or modify the rights available to you under the CGA. Further, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
- To the extent permitted by law, and subject to the limitations in above clause 29 and any rights available to you pursuant to the CGA (which are not in any way limited by these Terms of Use):
- We exclude all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it.
- We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Website; or
- use of or reliance on any content displayed on the Website.
- cyber attacks, data breaches, or unauthorized access to your data through the Website.
- In particular, we will not be liable for:
- loss of profit, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
Partial Invalidity
- If any provision of these Terms of Use is or becomes invalid or unenforceable, that provision will be deemed deleted from these Terms of Use. The invalidity or unenforceability of that provision will not affect the other provisions of these Terms of Use, all of which will remain in full force and effect to the extent permitted by law, subject to any modifications made necessary by the deletion of the invalid or unenforceable provision.
Confidentiality and Statements
- Subject to our privacy policy, any communication or material transmitted to us in connection with the Website (including by email) will be treated as non-confidential and non-proprietary. Anything you transmit, including ideas, suggestions, information or other material becomes our property and may be used, reproduced, published, modified, adapted and transmitted without restriction.
Subscribers
- You may subscribe to our blog, or any other services of which we may notify you from time to time, by registering on the Website. You must ensure that the information you provide about yourself as part of the registration process is correct, complete, accurate and up-to-date. You agree to notify us of any changes to this information from time to time.
- If you wish to unsubscribe from our blog or any other services, please click on the “Unsubscribe” message that accompanies the relevant material (or contact us at customer.service@aftpharm.com)
Jurisdiction and Governing Law
- These Terms of Use, their subject matter and their formation, are governed by New Zealand law. We both agree that the courts of New Zealand will have exclusive jurisdiction.
Interpretation
- In these Terms of Use, unless the context otherwise requires, “you” means:
- the individual who accesses and/or uses the Website; and
- where an individual accesses and/or uses the Website for or on behalf of an organisation, the organisation on whose behalf such access or use is made,
in each case, jointly and severally,
(and references to “your” and “yourself” have corresponding meanings).
General
- You agree that:
- If any part of these Terms of Use are found to be invalid, void, or unenforceable it will be considered to be separate from the rest of these Terms of Use, which will still apply.
- Our failure or delay to act or enforce any part of these Terms of Use shouldn’t be seen by you as us waiving any rights.
- The Terms of Use are a contract between you and us about your use of our Website. No one can enforce any parts of these Terms of Use for you.
- We may assign our rights under these Terms of Use without seeking your prior consent.