This website contains information on products which is targeted to a wide range of audiences and could contain product details or information otherwise not accessible or valid in your country. Please be aware that we do not take any responsibility for your accessing of such information which may not comply with any legal process, regulation, registration or usage in the country of your origin.

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Copyright and Trademark Attribution Statements

©2022 Avion Medical Pty Ltd. All Rights Reserved.

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Acceptance of Terms; Binding Agreement

Please carefully review the following terms and conditions of use, which apply to everyone who visits this or any other Avion Medical Web sites. You must be at least 18 years old to use the Web site, and have the legal capacity, and the full power and authority to enter into these terms. By accessing and using these Web sites, you acknowledge that you have read and understood, and as a condition to your use of the Web sites, and unless it is unlawful or invalid under applicable law, you are agreeing to abide by, and be bound by, the following terms and conditions and any amendments in effect at the time of your visit. Avion Medical may modify these terms and conditions and any associated policies on a going forward basis at any time by updating these legal notices, and we encourage you to review the terms and conditions because any such modifications will be binding on you. These terms will indicate the date of last revision, and, where material, the changes will become effective upon the earlier of your use of the site with actual notice of the change, or thirty days following publication. Without limiting the generality of the foregoing disputes arising under these terms will be resolved in accordance with the version of these terms in effect at the time the dispute arose.

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Copyright/Trademark Notice

Trademarks and service marks on this or any other Avion Medical Web sites are registered and unregistered trademarks of Avion Medical and others. Nothing contained on the Web sites should be construed as granting any license or right to use any such marks without the written permission of Avion Medical or such other party who may own such mark(s). The contents of this or any Avion Medical Web sites (including, without limitation, their arrangement and layout; names and logos; and text, illustrations and artwork used therein; and any Avion Medical apps) are the copyrighted property of Avion Medical (or the original creator of the material) and are protected under applicable copyright, trademark and other intellectual property laws. Avion Medical authorizes you, subject to these terms and conditions, to access and use the Avion Medical Web sites and the copyrighted content solely for your own use, at Avion Medical’ discretion. Any other use is expressly prohibited. This license is revocable at any time without notice and with or without cause. Any unauthorized use of the trademarks or other contents of any of the Avion Medical Web sites may violate civil and/or criminal laws. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the copyrighted content on any copy you make of such content.

Avion Medical reserves the right to modify or discontinue the Web site at any time (including by limiting or discontinuing certain features of the Web site), temporarily or permanently, without notice to you, and will have no liability for any change to the Web site or its contents, or any suspension or termination of your access to or use of the Web site. If you violate any provision of these Terms, your authorization to access the Web site will automatically terminate. In addition, Avion Medical may, at its sole discretion, suspend or terminate your access to the Web site, at any time for any reason or no reason, with or without notice. Upon termination, your rights hereunder will terminate, and you must immediately cease all use of the Web site. Those provisions of these terms that, by their nature are intended to survive, will survive termination.

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Product Information

Product information on this web site is provided by Avion Medical and is intended for general information purposes only. Many pharmaceutical and medical device products listed are available upon prescription from a medical doctor or qualified medical professional only, and not all such products may be available in all countries. The product information is not intended to provide complete medical information. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR HEALTH CARE PROVIDER. WE DO NOT OFFER PERSONALIZED MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. You should always obtain complete medical information about your prescription medicines or medical devices (including their beneficial medical uses and possible adverse effects) by discussing the appropriate use of any medicine(s) or medical devices directly with your prescribing physician or, where appropriate, other medical advisor. Medical professionals may obtain complete medical information from the product's information leaflet. Information on these products may vary by country. Patients, physicians and other medical professionals should check with local medical resources and regulatory authorities for information appropriate to their country. In addition, current regulations in many countries limit (or even prohibit in some instances) the ability of Avion Medical to provide information and/or to respond directly to patient questions regarding its prescription products. Avion Medical, however, will respond to inquiries from and provide information to your qualified health care professional in accordance with local regulations.

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No Advice

Please note that Avion Medical is not a medical practitioner or healthcare provider, and nothing contained in Avion Medical Web sites is, or should be construed as, medical, legal, investment, financial or other advice. Without limitation, the materials on the Web site are provided for informational purposes only, and nothing contained in the sites creates any doctor patient relationship, or should replace medical advice, medical visits, or consultations with or recommendations from healthcare providers.

 

Void Where Prohibited

The content of this Web site is intended to comply with the laws and regulations in Australia. Other countries may have laws, regulatory requirements and medical practices that differ from those in Australia. This site links to other sites produced by Avion Medical’s various operating divisions and subsidiaries, some of which are outside Australia. Those sites may have information that is appropriate only to that particular originating country. Avion Medical reserves the right to limit provision of its products or services to any person, geographic region or jurisdiction and/or to limit the quantities or any products or services we provide. Any offer for any product or service made on this Web site is void where prohibited.

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Privacy Notice

Please read the Avion Medical Privacy Policy carefully for information relating to our collection, use, storage, processing, and disclosure of your personal information. By using the Web site, you are acknowledging that you have read the Avion Medical Privacy Policy and understand its collection, use, storage, processing, and disclosure practices described therein.

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Links

Avion Medical Web sites may contain links to third-party Web sites, which are provided as a convenience to users of our Web sites and are not controlled by Avion Medical. Avion Medical makes no claim or warranty of, and is not responsible for, any information found in a linked Web site. Inclusion of any third party link does not imply an endorsement or recommendation by Avion Medical.

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No Representation or Warranty

Avion Medical does not make, and hereby expressly disclaims, any representations, conditions or warranties of any kind, either express or implied (including, without limitation, any implied conditions or warranties of merchantability, fitness for a particular purpose or non-infringement), or arising out of course of dealing, usage, or trade with regard to the web site or any information or materials provided on or in connection with the web site, including the accuracy, completeness, currency of such information or materials, or the frequency that they are updated. You agree that the Avion Medical web sites and everything on the Avion Medical web sites is provided on an “as is“ and “as available“ basis. Avion Medical assumes no liability or responsibility for any errors or omissions in the content of its web sites or your use of the web sites. Avion Medical makes no conditions or warranties that (i) the Avion Medical web sites will meet your requirements, (ii) the Avion Medical web sites will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Avion Medical web sites will be accurate or reliable, (iv) the quality of any goods or services available on the Avion Medical web sites will meet your expectations, (v) any errors on the Avion Medical web sites will be corrected, (vi) that your use of the Avion Medical web sites or any material obtained from the Avion Medical web sites will not cause any harm or damage, including to your computer system or mobile device or that no loss of data will result from obtaining such material.

The limitations, exclusions and disclaimers in this section apply to the fullest extent permitted by law. Avion Medical does not disclaim any condition, warranty or other right that Avion Medical is prohibited from disclaiming under applicable law.

 

Limitation of Liability

Your use of Avion Medical’s web sites is at your own risk. In no event shall Avion Medical or any of its affiliates or any of their officers, directors, or employees, be liable, directly or indirectly, for any damages of any kind or nature, including, without limitation, direct, indirect, incidental or consequential, punitive, special, exemplary, or any claims or losses, resulting from or in connection with the creation or use of, or reliance on, this site, any other Avion Medical web site or any linked web site contained in any such sites, or any of the information accessed through any such site or from the inability to use any such site. This limitation includes damage to your computer equipment or any viruses that may infect your computer equipment or other property, loss of profits, goodwill, or other intangible losses (even if Avion Medical has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the Avion Medical web sites; (ii) the cost of procuring substitute goods and services resulting from any goods, data, information or services obtained or messages received or transactions entered into through, from, or as a result of the Avion Medical web sites; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any user or third party on the Avion Medical web sites; (v) your reliance on content made available by Avion Medical; or (vi) any other matter relating to the Avion Medical web sites. The disclaimers and limitations provided in these terms shall apply irrespective of the failure of essential purpose of any limited remedy provided herein. Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you. To the fullest extent possibly by law, Avion Medical and any of its officers, directors, employees or affiliates’ maximum liability arising out of or in connection with the Avion Medical web sites or your use of Avion Medical’s content, regardless of cause of action (whether in contract, tort, breach of warranty, or otherwise), will not exceed $100 in the aggregate.

 

Indemnity

To the fullest extent permitted by law, you are responsible for your use of the Avion Medical Web sites and you agree to defend, indemnify, and hold harmless Avion Medical and any of its officers, directors, employees or affiliates from and against any claims, actions, or demands, and any related liability, damage, loss, and expense, including without limitation reasonable legal and accounting fees, alleging or resulting from or connected with (i) your use of or reliance on any third-party content, (ii) your use of or reliance on any Avion Medical content, (iii) your unauthorized use of, or misuse of, the Avion Medical Web sites, or (iv) your violation of any portion of these terms and conditions, any representation, warranty, or any applicable law or regulation. Avion Medical shall provide notice to you promptly of any such claim, suit, or proceeding. Avion Medical reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with Avion Medical’s defense of those claims.

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Your Conduct

You may not alter or attempt to alter the Web site or any of the materials or content available through the Web site, nor may you distribute any material available through the Web site (individually or in aggregated form). You also may not embed or frame the Web site, or otherwise incorporate the Web site or any of its content in any other site or service, without first obtaining written authorization from Avion Medical, subject to applicable laws on fair use and/or lawful citations. Further, you may not use the Web site services in any manner that could disable, overburden, or impair any of Avion Medical’ servers or servers to which Avion Medical has obtained access, or interfere with any third party’s use and enjoyment of the Web site services, other accounts, computer systems, or networks connected to any Avion Medical server or the Web site, through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the Web site, including through the use of any automated spider, bot, scraper, or other similar means (except in connection with bona fide, general purpose search engine indexing). Your right to use the Web site services may be further limited by international law, federal law, or the laws and regulations of your particular state or locality. You shall not use the Web site services to (i) post user comments containing spam or otherwise duplicative or unsolicited messages in violation of applicable law; (ii) upload or post infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including material harmful to children or which violates a third party’s privacy rights; (iii) upload or post material containing software viruses or other harmful computer codes, files, scripts, agents, or programs; or (iv) solicit, for commercial purposes, any users of the Web site services with respect to their content, by using any personally identifiable information or communication forums on the Web site.

You shall not circumvent, disable, or otherwise interfere with security-related features of the Web site or features that enforce limitations on use of the Web site services, or otherwise access or attempt to access any areas, features, or content from the Web site for which you do not have the proper access credentials. You may not reverse engineer or attempt to reverse engineer the Web site or any technology or systems used in connection therewith.

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Governing Law and Venue

These terms and conditions will be governed by and interpreted pursuant to the laws of Australia, notwithstanding any principles of conflicts of law. You specifically consent to personal jurisdiction in Australia in connection with any dispute between you and Avion Medical arising out of these terms and conditions or pertaining to the subject matter hereof. The parties to these terms and conditions each agree that the exclusive venue for any dispute between the parties arising out of these terms and conditions or pertaining to the subject matter of these terms and conditions will be in the state and federal courts located within Delaware, provided that we each agree to utilize non-appearance based procedures in connection with the pursuit of any claim hereunder to the greatest degree available permissible. You and Avion Medical agree that any cause of action arising out of or related to the Web site must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

 

General Terms

These terms and conditions, together with any other agreements expressly incorporated by reference into these terms and conditions, are the entire and exclusive understanding and agreement between you and Avion Medical regarding your use of this Web site. You may not assign or transfer these terms and conditions or your rights under these terms and condition, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these terms and conditions at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these terms and conditions, or any provision of these terms and conditions, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in these terms and conditions is for convenience only and will not have any impact on the interpretation of any provision. Throughout these terms and conditions, the use of the word “including” means “including but not limited to.” If any part of these terms and conditions is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.

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Maintaining the Quality of your Personal Information

It is an important to us that your Personal Information is up to date. We will  take reasonable steps to make sure that your Personal Information is accurate, complete and up-to-date. If you find that the information we have is not up to date or is inaccurate, please advise us as soon as practicable so we can update our records and ensure we can continue to provide quality services to you.

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Document Updates

This document may change from time to time and is available on our website.

Last updated: July 2022

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Complaints and Enquiries

If you have any queries or complaints about our Terms of Use please contact us at:

 

Avion Medical

Level 1, 10 Oxley Road
Hawthorn VIC 3122, Australia

Email: info@avionmedical.com.au

Tel: 1300 844 204