Terms & Conditions

1. TERMS AND CONDITIONS OF USE

   This site www.micro-genics.com.au ("website") is owned and operated by sanofi-aventis pty limited ABN 43 076 651 959 ("MICROgenics"^®). Your access to the website is conditional upon your acceptance and compliance with the terms and conditions contained in this document, the Privacy Policy and any other notices, disclaimers, terms and conditions or statements contained on this website (known collectively as "Conditions of Use").

2. ACCEPTANCE OF CONDITIONS OF USE

   By accessing, viewing or otherwise using this website, you acknowledge and agree to be bound by these Conditions of Use. If you do not agree with any of the Conditions of Use, do not use this website. MICROgenics reserves the right to amend the Conditions of Use at any time with or without notice to you. The amended terms of Conditions of Use will be effective immediately. Continued use of the site following any change to these Conditions of Use will be deemed acceptance of those changes. These Conditions of Use were last amended on 2 March 2009.

3. RESTRICTIONS OF USE

   You must not use this website in any manner or for any purpose which is: a) unlawful or in any manner which violates any right of MICROgenics or third party ; or b) is prohibited by the Conditions of Use.

4. COPYRIGHT

   Unless expressly indicated to the contrary, MICROgenics or its licensors own all copyright in all texts, graphics and layouts ("Material") on this website. Except as indicated below, or as permitted under the Copyright Act 1968 (Cth) or applicable laws, you must not copy, modify, transmit or distribute any Material on this website. You acknowledge that you do not acquire any ownership rights by downloading Material from this website.

5. REPRODUCTION

   You may reproduce in whole or in part the Material only if: a) the reproduction is not for public or commercial purposes; and b) you do not remove or modify any notices of attribution of copyright or, if there are no such notices, you clearly attribute MICROgenics as the copyright owner or licensee of the work. Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any MICROgenics copyright.

6. LINKS TO OTHER WEBSITES

   From time to time, this website may contain links to web sites operated by third parties. MICROgenics does not approve, endorse or sponsor any content or Material on third party websites. MICROgenics is not responsible for and disclaims any liability arising in connection with the contents of any linked web site nor any hyperlink contained in the linked web site.

7. DISCLAIMER

   Nothing in our website is take to constitute an offer to purchase the products which is capable of acceptance. This is merely a site that provides information in relation to products that you may purchase from MICROgenics distributors. The Material on this website is intended to provide general information only and may not be accurate or current. Material is provided on an "as is" and "as available" basis. MICROgenics does not warrant or make any representations concerning the completeness, timelines, suitability or accuracy of any Material on this website including, without limitation, the prices of products or services, contained on or accessible through this website, or that access to this website will be uninterrupted, timely or secure. To the maximum extent permitted by law, in no event shall MICROgenics be liable for any damage of any kind related to the completeness, timeliness, suitability or accuracy of any Material. The use of the website and content is at your own risk. Details contained on this website relating to goods or services have been prepared in accordance with Australian law and may not satisfy the laws of any other country. We do not warrant that the details on this website concerning those goods or services will satisfy the laws of any other country. It is your responsibility to determine whether these details satisfy the laws of the jurisdiction which you reside (if that jurisdiction is outside Australia) and if the details do not satisfy the laws of your jurisdiction, you may not order any goods or services from this website. The Material is not intended for diagnosing, prescribing or for the treatment of any disease. If you require diagnosing, prescribing or treatment of any disease, you are advised to consult your doctor or a health care professional. The Material on this web site is provided for health educational purposes and is not intended as medical advice. This website may contain hypertext links, frames or other references to websites operated by third parties. We cannot control the contents of third party websites, and make no warranty about the completeness, timeliness, suitability or accuracy or subject matter of the Material located on third party websites. We do not approve of, endorse, or sponsor any content or Material on third party websites. We make no warranties or representations that use of Material on third party websites to which this website is linked does not infringe the intellectual property rights of any person anywhere in the world. We are not, and must not be taken to be, authorising infringement of any intellectual property rights contained in material on third party websites by linking to such Material or allowing such Material to link to this website.

8. LIMITATION OF LIABILITY

   To the maximum extent permitted by law, and except as otherwise stipulated in these Conditions of Use, MICROgenics will not accept liability to you for damages for loss of earnings or loss of profit, or for any indirect, special, or consequential loss or damage which may be suffered or incurred by you or which may arise directly or indirectly including in respect of: a) the accessing, downloading, using or relying on any Material on this website or any material on a third party website; b) personal injury (including sickness and death); c) any failure or omission on our part to comply with our obligations as set out in these Conditions of Use, whether caused by negligence of MICROgenics or otherwise. You may have implied warranties under the Trade Practices Act 1974 which may not be excluded. The liability of MICROgenics for a breach of a condition or warranty implied by law and to which cannot be excluded but can be limited, is limited to the extent possible, at MICROgenics option to: a) the supply of the goods or services again; or b) the repair of the goods; or c) the payment of the cost of having the goods or services supplied again or repaired.

9. VIRUS WARNING

   MICROgenics does not represent or warrant that any files or other Material obtained from or through this website are free from computer viruses or other defects, including trojan hoses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.

10. INDEMNITY

    You agree to defend, indemnify and hold MICROgenics, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this website or the placement or transmission of any Material on this website by you.

11. SECURITY OF INFORMATION

    Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information in accordance with the Privacy Policy.

12. TERMINATION

    MICROgenics may, in its sole discretion, terminate or suspend your access to all or part of this website for any reason at any time without notice. In the event of termination, you are no longer authorised to access the website. All restrictions imposed by you, disclaimers and limitations or liability set out in the Conditions of Use will survive termination.

13. GOVERNING LAW

    The Conditions of Use are governed by and construed in accordance with the laws of Queensland, Australia. You irrevocably and unconditionally submit to the non-exclusive jurisdiction of the courts of Queensland.

14. SEVERABILITY

    If any provision of the Conditions of Use is found to be invalid or unenforceable by a court of law, such invalidity or unenforceability will not affect the remainder of the Conditions of Use which will continue in full force and effect.

15. CONSENT

    Subject to the terms of the Privacy Policy, you consent to MICROgenics using and disclosing your personal information for the purpose of contacting you, including but not limited to by telephone, email, SMS and MMS, for the purpose of offering you products and services or for other marketing purposes. Such consent is provided for an indefinite period, and may only be revoked by you contacting MICROgenics and informing it that you no longer wish to receive such communications.