Terms & Conditions

Terms of Access and Use

This website (referred to in these Terms of Access and Use as the Website) is owned and operated by Bernier Pharmaceuticals Pty Ltd (ACN 607 671 830), who is referred to in these Terms of Access and Use as “we”, “us”, “our” and similar grammatical forms.
The material on the Website is copyright © 2020 Bernier Pharmaceuticals Pty Ltd (ACN 607 671 830).
The Website is available for you to:
1. access conditional on your acceptance without alteration of the terms and conditions set out below. By browsing, accessing and continuing to access the Website you are agreeing to these Terms of Access and Use; and
2. upload material and/or information conditional on your acceptance without alteration of the terms and conditions set out below. By continuing to upload material and/or information you are agreeing to the Terms of Access and Use related to uploading material and/or information to our Website.

Use of material on the Website

Generally

Except for the limited use set out in paragraph 5 below, you may not use the Website, or the material contained on it, for any purpose. This involves:
1. the reproduction of the material in any material form;
2. the distribution of the material in any material form;
3. re-transmission of the material by any medium of communication;
4. uploading and/or reposting the material to any other site on the Internet;
5. “framing” the material on the Website with other material on any other website.

The above are unlawful in any jurisdiction and are specifically prohibited by these Terms of Access and Use.

Notwithstanding the above restrictions on use of the material on the Website, you may download material from the Website for your personal non-commercial use provided you do not remove any copyright and trade mark notices contained on the material.
You may not modify or copy:
1. the layout of the Website; or
2. any computer software and code contained in the Website.
We reserve all intellectual property rights, including, but not limited to, copyright in material and/or services provided by it. The material provided on the Website is provided for personal use only and may not be:
1. re-sold and/or re-distributed in any material form;
2. stored in any storage media; and/or
3. re-transmitted in any media,

without our prior written consent.

Links to other websites

This Website contains links to sites on the Internet owned and operated by third parties and which are not under our control.
In relation to the other sites on the Internet, which are linked to the Website, we:
1. provide the links to other sites as a convenience to you and the existence of a link to other sites does not imply any endorsement by us of the contents of the linked site; and
2. are not responsible for the material contained on those linked sites.

Australian Consumer Law disclaimer

We are required to comply with our obligations as set out under the Australian Consumer Law. These include (but are not limited to), our obligations to:
1. not engage in misleading or deceptive conduct; and
2. honour the statutory consumer guarantees.
For the avoidance of doubt, these Terms of Access and Use, including the disclaimers listed below, do not affect your rights under the Australian Consumer Law. To the extent the disclaimers are inconsistent with your rights under the Australian Consumer Law, the Australian Consumer Law takes priority to preserve your rights.

Disclaimer 1

We are making the Website available for others to publish information without assuming a duty of care to users. We are not in the business of providing professional advice and give no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise, of the information contained on the Website and/or linked sites on the Internet.
To the fullest extent permitted by law we disclaim any and all warranties, express or implied, regarding:
1. the accuracy, reliability, timeliness or otherwise of any information contained or referred to on the Website and/or of any linked sites; and
2. merchantability or fitness for any particular purpose for any service or product contained or referred to on the Website and/or on any linked sites.
To the fullest extent permitted by law we will not be liable under any circumstances for any loss of profits or any damages of any kind recognised by law (even if it has been advised of the possibility of such loss of profits or damages) which are the consequence of you:
1. acting, or failing to act, on any information contained on or referred to on the Website and/or any of the linked Websites; and
2. using or acquiring, or your inability to use or acquire, any service or product contained or referred to on the Website and/or any linked sites.

Disclaimer 2

We do not warrant, guarantee or make any representation that:
1. the Website, or the server that makes the site available on the Internet, are free of software viruses;
2. the functions contained in any software contained on the Website will operate uninterrupted or are error-free; and
3. errors and defects in the Website will be corrected.
We are not liable to you for:
1. errors or omissions in the Website, or linked sites on the Internet;
2. delays to, interruptions of or cessation of the services provided in the Website, or linked sites; and
3. defamatory, offensive or illegal conduct of any user of the Website,

whether caused through our negligence or the negligence of our employees, independent contractors or agents, or through any other cause.

You agree to accept the full cost of any necessary repair, correction and maintenance of any of your computer software or hardware, which may be necessary as a consequence of you accessing the Website.

Limitation of liability

Clauses 12, 13 and 14 (disclaimer 1) and/or clauses 15, 16 and 17 (disclaimer 2) may not apply to you in jurisdictions in which limitations on or exclusions of warranties or liabilities are not permitted by law. To the full extent permitted by law our liability for any implied warranty or condition is limited, at our choice, to one or more of the following:
1. If the breach of an implied warranty or condition relates to services:
  1. the supply of the services again; or
  2. the payment of the cost of having the services supplied again; and
2. if the breach of an implied warranty or condition relates to goods:
  1. the replacement of the goods or the supply of equivalent goods;
  2. the repair of such goods; or
  3. the payment of the cost of replacing the goods or acquiring equivalent goods, or having the goods repaired.

Use of personal information gathered

We and any people or legal entities authorised by us may gather and process the personal information:
1. which you may provide when accessing the Website, such as your name, address, e-mail address and other personal information about you; and
2. regarding the way in which you use the Website including, without limitation, information acquired through the use of “cookies” delivered to your computer when you access our Website.
We may authorise others to offer you goods and services using the information acquired, as described in paragraph 15.
We will comply with the Australian Privacy legislation in respect to our collection, storage and use of your personal information. Please refer to our full Privacy Policy for details of how we collect, store and use your personal information.

Termination of access

We may terminate access to the Website at any time without giving any explanation or justification for the termination of access, and we have no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

Intellectual property rights

All logos, icons, brand names or service names that identify the owner and operator of this Website are our copyright property or our trade marks or service marks. All other trade marks or service marks on this Website are the property of their respective owners. You must obtain written permission before reusing any copyrighted material that is published on this Website. Any unauthorised use of the materials appearing on this Website may violate copyright, trade mark and other property rights or legal protections and could result in criminal or civil penalties.

Uploading information

You represent and warrant in relation to any material and/or information you provide to the Website that:
1. you are authorised to provide the material and/or information;
2. the material and/or information is not defamatory or a malicious falsehood in relation to any product, service, person or corporation;
3. the material and/or information is not the “passing off” of any product or service and does not constitute unfair competition or infringe the rights of any person or corporation;
4. the material and/or information does not infringe any intellectual property right including, but not limited to, trade marks, service marks or business names (whether registered or unregistered), confidential information and copyright; and
5. the material and/or information does not infringe any legislation or regulations of the Commonwealth of Australia (or Australian State or Territory) including, but not limited to, the Competition and Consumer Act 2010 (Cth) and the Australian Consumer Law (ACL) and any other parliament competent to legislate in relation to the Website or any law in any country where the material and/or information is or will be available electronically to users of this Website.

Licence to use intellectual property

By uploading any material that is protected by intellectual property rights including, but not limited to, copyrighted works and material other than works, trade marks and service marks on to the Website, you are granting us a perpetual, non-exclusive and payment-free licence throughout the world to:
1. reproduce, use and exploit the intellectual property, as part of the Website, to the full extent permitted by intellectual property law in any jurisdiction in which the Website is available to users; and
2. allow us to sub-licence others the same rights granted to us in 21.1 above.

Removal of information

In relation to any material and/or information included on the Website, we may remove any material and/or information, including but not limited to links to other sites on the Internet, at any time without giving any explanation or justification for removing the material and/or information.

Limit of liability

We and our respective officers, employees and agents have no liability for any costs, losses or damages of any kind, which you may incur, arising whether directly or indirectly. This applies:
1. in relation to or in connection with any material and/or information supplied in respect of advertising on this Website; and
2. as a consequence of removing any material and/or information from this Website.

Indemnity

You will at all times indemnify and keep indemnified us and our respective officers, employees and agents ( Those Indemnified) from and against any loss (including reasonable legal costs and expenses) or liability incurred by any of Those Indemnified arising from any claim, demand, suit, action or proceeding by any person against any of Those Indemnified where such loss or liability arose out of, in connection with or in respect of:
1. any breach of these Terms of Access and Use by you; and
2. publication of or distribution of the material and/or information supplied by you.

Severance

If any part of these Terms of Access and Use are found to be void, unlawful, or unenforceable then that part will be deemed to be severable from the balance of these Terms of Access and Use and the severed part will not affect the validity and enforceability of any remaining provisions.

Relevant jurisdiction

These Terms of Access and Use will be governed by and interpreted in accordance with the laws of the State of Western Australia.
You agree to the jurisdiction of the courts of the State of Western Australia to determine any dispute arising out of these Terms of Access and Use.

Alteration of Terms of Access and Use

We reserve the right to update and/or change these Terms of Access and Use:
1. with or without further notice to you; and
2. without giving you any explanation or justification for such change.