Conditions of Use and Disclaimer
McKesson Asia Pacific Pty Ltd [ACN 069 396 792] (“McKesson”) maintains the McKesson Web site (Website) as a service to the Internet community. The Website has been designed to provide general information about McKesson and its products. These pages are not intended to provide investment or medical advice, nor do they provide instruction on the appropriate use of products produced, supplied or under development by McKesson , its affiliates, related companies, or its licensors or joint venture partners. Access and use of the McKesson Website is subject to the terms and conditions set forth herein and elsewhere on this Website (collectively, “Terms and Conditions”) and all applicable laws, statutes, and/or regulations.
McKesson may revise these Terms and Conditions from time to time by updating this posting. Your use of and/or continued access to the Website constitutes an agreement by you that you accept and agree to abide and be bound by the Terms and Conditions and any amendments. You should visit this page periodically to review the Terms and Conditions. Should you object to any of the Terms and Conditions or any amendments your only recourse is to immediately discontinue your use of the Website. If you violate any Terms and Conditions your right to use and access the Website automatically terminates. McKesson will use reasonable efforts to include accurate and up-to-date information on the Website, but McKesson makes no warranties or representations (subject to these Terms and Conditions) as to the accuracy of information presented on the Website. The Trade Practices Act 1974 (Cth) and all corresponding State and Territory legislation imply terms, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”). Except as provided for by the Prescribed Terms, McKesson and its directors and employees and any party involved in creating, producing or delivering this Website (“McKesson and Associates”):
(1) expressly disclaim all warranties, express or implied, statutory or otherwise including, without limitation, any implied warranties of merchantability or fitness for a particular purpose, and warranties as to accuracy, completeness or adequacy of information;
(2) shall not be held responsible for any action taken that is based on the information presented on the Website, and all users of the Website agree that all access and use of the Website, and any and all content presented on the Website, is at the user's own risk;
(3) shall not be liable for any direct, incidental, consequential, indirect, or punitive damages arising directly or indirectly out of user's access to, use of, or inability to use the Website or any Materials, any unauthorized access to or alterations of your transmissions or data, any statements or conduct of any user of the Website, including any information and/or advice and any defamatory statements or offensive conduct, or any errors or omissions in the content of the Website, and you, as a user, indemnify McKesson and Associates accordingly.
(3)do not warrant that your access to the Website will be uninterrupted or that the Website will operate error free, that any defects will be corrected or that this Website and its servers are free of computer viruses and other harmful data, code, components or other material;
(4) do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Website, or that they will give notice of such use, modification or alteration;
(5) are not responsible for your costs incurred if your use of the Website or the Material results in the need for servicing or replacing equipment or data.
To the fullest extent permitted by law McKesson’s liability for breach of any Prescribed Terms in relation to the supply or offer by McKesson of:
(1) services - is limited at the option of McKesson to the supply of the services again or the payment of the cost of having services supplied again; and
(2) goods – is limited at the option of McKesson to the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or acquiring equivalent goods or the payment of the cost of having the goods repaired.
Any communication or material you transmit to McKesson via the Website or Internet electronic mail may be accessed and viewed by other Internet users, without your knowledge and permission, while in transit to McKesson. For that reason, do not use email to communicate information to us that you consider confidential. Whenever you submit information via this site, you consent to the collection, use, and disclosure of that information in accordance with McKesson’s Privacy Statement, which is incorporated into the Terms and Conditions by reference.
It is the policy of McKesson to enforce its intellectual property rights to the fullest extent permitted under law. All product names, logos and trademarks regardless of whether or not they appear in large print or with the a trademark symbol, are trademarks of McKesson , its affiliates, related companies, or its licensors or joint venture partners, unless otherwise noted. Nothing on this Website should be construed as granting any licence or right to use any name, logo or trademark without the express prior permission of McKesson or the relevant contributor.
The entire content of the McKesson Website, including any images, information, data, text, graphics, software, advertisement, text or other material (“Material”), is copyrighted and may not be distributed, downloaded, modified, reused, reposted, or otherwise used except as provided herein without the express written permission of McKesson . The use or misuse of these trademarks, copyrights, or other materials, except as permitted herein, is expressly prohibited and may be in violation of copyright law, trademark law, communications regulations and statutes, and other laws, statutes and/or regulations.
Except for the historical information contained herein, the matters discussed on this Website may constitute forward-looking statements that involve risks and uncertainties that could cause actual results to differ materially from those projected. These statements may be identified by their use of forward-looking terminology such as "believes," "expects," "anticipates," "may," "will," "should," "seeks," "approximates," "intends," "plans," "estimates" or the negative of these words or other comparable terminology. The most significant of these risks include, but are not limited to: the changing healthcare environment, including potential changes in private and governmental reimbursement for healthcare products and services, the method by which such products and services are delivered, legislation or regulations governing such products and services, or mandated benefits or changes in manufacturer's pricing or distribution policies; substantial defaults in payment or a material reduction in purchases by large customers; the ability of McKesson to retain existing customers and to attract new customers in light of rapid technological advances, challenges in integrating McKesson’s software products, or the slowing or deferral of demand for such products resulting from the impact of current or pending government regulations; the timing and amounts of the ongoing customer settlement process; and McKesson’s ability to successfully integrate and operate acquired businesses, and manage the risks associated with such businesses. All statements speak as at the first publication date and McKesson assumes no obligation to update information or advise of any change in the information or views contained in this Website.
By placing any Material on the Website you grant to McKesson a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the Material:
(1) use, copy, sublicense, redistribute, adapt, transmit, publish, broadcast, publicly perform or display; and
(2) sublicense to any third parties the unrestricted right to exercise any of the rights granted in (1) above.
This licence granted to McKesson includes the right to exploit all proprietary rights in any such material, including but not limited to rights under copyright, trademark, service mark or patent laws under any jurisdiction worldwide. You consent to McKesson, and any third party authorised by McKesson, using your Material without attributing to you the authorship of the Material; inspecting or approving any use of the Material; and materially altering or distorting the Material. At the request and expense of McKesson you will execute and deliver to McKesson such instruments and take such other actions as may be required to carry out this grant of licence and consent.
Restrictions: You must not use the Website in any manner or for any purpose that is unlawful, or in any manner that violates any right of McKesson, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Website that you do NOT do any of the following:
(1) Post, publish, distribute or transmit any unlawful, threatening, abusive, defamatory, obscene, vulgar, pornographic, profane or indecent Material of any kind, including without limitation any material constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law or regulations;
(2) Post, publish, distribute or transmit, or disseminate any material of any kind which violates or infringes upon the rights of any other person, including material which is an invasion of any privacy or publicity rights or which is protected by copyright, trademark or any other proprietary right, without first obtaining permission from McKesson or relevant right holder;
(3) Post, publish, distribute or transmit any material of any kind which contains a virus or other harmful component;
(4) Copy, reproduce, republish, frame, post, upload, distribute, transmit, sublicense, delete or modify in any way all or any part of the material or Website, unless expressly provided for in the Website or expressly authorised in writing by McKesson; or
(5) Restrict or inhibit any other user from using or enjoying the Website.
McKesson has no obligation whatsoever to monitor any user’s use of the Website or to edit, delete or refuse to post any material. However McKesson reserves the right to monitor your, or any user’s, use of the Website and to edit, refuse to post or remove any material whatsoever. McKesson reserves the right to cooperate fully with any law enforcement authority in any jurisdiction in respect of any lawful direction or request to disclose the identity or other information in respect of any user of the Website.
Termination: McKesson may terminate this agreement and your access to the Website and Materials at any time without notice. In the event of termination you must immediately cease accessing and using the Website and Materials and (at McKesson’s option) return any hard copies of the Material to McKesson or destroy any hard copies and any other electronic copies of the Material within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
Governing Law: The Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of New South Wales and the New South Wales District Registry of the Federal Court of Australia.
Miscellaneous: If any provision of the Terms and Conditions is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Terms and Conditions which will continue in full force and effect. All rights not expressly granted are reserved.
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