Terms of Use

1. Introduction

The Website is operated by Opal Biosciences Ltd (ACN 605 631 963) (“we”, “us”, “our”).

Use of the Website is subject to these Terms of Use.

BY USING THE WEBSITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU MUST NOT USE THE WEBSITE

2. Amendments

We reserve the right to amend these Terms of Use from time to time. Amendments will be effective immediately upon being posted on this page on the Website. Your subsequent or continued use of the Website will constitute your acceptance of any changes. If you object to any changes to the Terms of Use, your only remedy is to immediately discontinue your use of the Website.

We may, from time to time, change or add to the Website or the information, products and services without notice, however, we do not undertake to keep the Website updated. We are not liable to you or anyone else if errors occur in the information on the Website or if that information is not up-to-date.

We reserve the right to do the following, at any time, without notice:

(a) modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;

(b) modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and

(c) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

3. Terms & Conditions of Website Orders

Our Terms & Conditions of Website Orders apply to the purchase of goods or services from the Website, all of which terms are made a part of these Terms of Use by this paragraph, which you agree to abide to.

4. Your Use of the Website

While utilising the Website, you may not use any automatic device, program, algorithm or methodology, or any similar or equivalent manual process to access, acquire, copy or monitor any portion of the Website or any of its content, or in any way reproduce or circumvent the navigational structure or presentation of the Website or any of its content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Website. We reserve its right to bar individuals thought to be conducting such activity.

You may not attempt to gain unauthorised access to any portion or feature of the Website, or any other systems or networks connected to the Website or to any server or ours, or to any other services offered on or through the Website by hacking or any other illegitimate means.

You may not scan or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website.

You may not trace or seek to trace any information of any user or customer of us.

You may not exploit the Website or any service or information made available or offered by or through the Website in any way where the purpose is to reveal any information, including but not limited to Personal Information, as provided for by the Website.

You agree that you will not take any action that imposes an unreasonably large burden on the infrastructure of the Website or our systems or networks, or any systems or networks connected to the Website or to us.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person’s use of the Website.

You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to us on or through the Website or any goods or service offered on or through the Website. You may not pretend that you are or that you represent, someone else, or impersonate any other individual or entity.

You may not use the Website or any of its content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes our rights or others.

5. Content

We do not, nor does any other party who provides content to the Website make any warranty as to the accuracy, completeness or currency of the content. As a user of the Website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the content.

To the extent permitted by law, we and our employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon any content on the Website whether or not this is caused by a negligent act or omission.

Except as expressly provided in these Terms of Use, no part of the Website and none of its content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including ‘mirroring’) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent.

If you post and/or contribute Content to the Website, you:

(a) represent and warrant that you own all right, title and interest to that content;

(b) remain responsible for the accuracy, copyright and legality or any other aspect of your content;

(c) without limitation of the foregoing, will not submit any content or make comments about the content that are unlawful, harmful, abusive, defamatory, deceptive, indecent, explicit or hateful;

(d) will not to harvest, collect or store information about users of the Website or use such information for any purpose inconsistent with the purpose of this Website; and

(e) you acknowledge that the display or use of your content shall be at our sole discretion.

You are solely responsible for your conduct and activities on and regarding the Website and any content posted by you. We are not responsible for the content posted on and/or contributed by users of the Website nor do we accept any responsibility for any use or misuse which you or any other members or guests make of content which you submit on the Website.

We are not liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with the content (including offensive, indecent and objectionable material) posted on and/or contributed by users of the Website. If you download any material from the Website, you acknowledge that we are not liable to you for any loss or damage, however caused, arising from the downloading or subsequent use of the downloaded material. You may not adapt, reproduce, store, distribute, transmit, print, display, publish or create derivative works from any downloaded material. In addition, you may not commercialise any information products or services from the downloaded material.

6. Disclaimer

Use of the Website and any linked websites is at your own risk. You assume total responsibility for your use of the Website and any linked websites.

We are not liable to you or anyone else for any loss or damage in connection with the use of the Website or a linked website.

We do not warrant that the Website, its servers, or email sent from us are free of viruses or other harmful components. We are not liable to you or anyone else if interference with or damage to your computer systems occurs in connection with use of the Website or a linked website. You must take your own precautions to ensure that whatever you select for your use from the Website is free of viruses or anything else that may interfere with or damage the operations of your computer systems.

Your sole remedy against us for dissatisfaction with the Website or any content is to stop using the Website or any such content.

Under no circumstances (including but not limited to any act, omission or negligence on our part) will we be liable for any indirect, incidental, special and/or consequential damages or loss of profits whatsoever which result from any use or access of, or any inability to use or access, the Website and regardless of how it arises, whether for breach of these Terms of Use, negligence, or on any other basis, and even if we have been previously advised or aware of the possibility of such damage.

Our liability arising out of or in connection with these Terms of Use or your access to or use of the Website (whether in contract, equity, negligence, tort or for breach of statute or otherwise) will be reduced by the extent, if any, to which you or any other party contributed to the loss or damage.

We make no representation or warranty of any kind, express or implied and whether statutory or otherwise, as to the operation of the Website or the content included on the Website.

We do not exclude, restrict or modify:

(a) the application of any consumer guarantee in the Australian Consumer Law (“Consumer Guarantee”) or any similar provision in the law of any State or Territory which cannot be excluded, restricted or modified (“Similar Provision”); or

(b) the exercise of any right conferred by any Consumer Guarantee or Similar Provision.

To the full extent permitted by law, our liability under any Consumer Guarantee or Similar Provision is limited, at our option, to:

(a) in the case of goods which are not of a kind ordinarily acquired for personal, domestic or household use or consumption:

(i) the replacement of the goods or the supply of equivalent goods
(ii) the repair of the goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repairs; and

(b) in the case of services which are not of a kind ordinarily acquired for personal, domestic or household use or consumption :

(i) supplying the services again; or
(ii) paying the cost of having the services supplied again.

7. Indemnity

By accessing the Website, you agree to indemnify and hold us harmless from all claims, actions, damages, costs and expenses including legal fees arising from or in connection with your use of the Website or any breach by you of these Terms of Use.

8. Linked websites

The Website may from time to time contain hyperlinks to other websites. Such links are provided for convenience only and we take no responsibility for the content and maintenance of or privacy compliance by any linked website. Any hyperlink on our Website to another website does not imply our endorsement, support, or sponsorship of the operator of that website nor of the information and/or products which they provide.

The Website may also contain third party advertisements (including banner ads and full page advertisements) which may contain embedded hyperlinks or referrable buttons to websites operated by third parties. All third party advertising (including referrable buttons and embedded hyperlinks) is paid for by the relevant third party and are not recommendations or endorsements by us of the content or subject matter of the advertising.

In some instances, third party advertisements may contain representations or offers by a third party advertiser which you may accept by linking to the advertiser’s website and completing the relevant transaction on that website. These offers are not made by us and the third party advertiser is solely responsible to you for the delivery of such goods or services that you may purchase on the third party website.

Linking our Website is not permitted without our written permission.

9. Intellectual Property Rights

The copyright to all content on the Website including applets, graphics, images, layouts and text belongs to us or we have a licence to use those materials. You are provided with access to it only for your personal and non-commercial use.

Other than for the purposes of and subject to the conditions prescribed under the Copyright Act 1968 (Cth) or any other applicable legislation throughout the world, you must not, in any form or by any means without our prior written permission:

(a) adapt, reproduce, store, distribute, transmit, print, display, perform, publish or create derivative works from any part of the Website; or

(b) commercialise any information, products or services obtained from any part of the Website.

All trade marks, brands and logos which are used on the Website are either owned by us or we have a licence to use them. Your access to our Website does not license you or grant you any right to use those marks in any way without our prior written permission or third party owner.

By placing, linking or publishing any content on the Website (including posting messages, uploading files, inputting data or engaging in any other form of communication), you grant us a perpetual, royalty-free, non-exclusive, irrevocable, unrestricted, worldwide licence to do the following in respect of the content:

(a) use, copy, sublicense, redistribute, remove, edit, adapt, transmit, publish and/or broadcast, publicly perform or display; and

(b) sublicense to any third parties the unrestricted right to exercise any of the foregoing rights granted.

You expressly waive, in favour of us, all moral rights and any similar rights in any jurisdiction that you may have or hereafter acquire in respect of all relevant content. At our written request, you will execute and deliver to us such instruments and take such other actions as may be required to carry out or perfect the grant of the licence and waiver as described in this clause.

10. 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 that you transmit to us. Accordingly, any information that 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.

11. Jurisdiction

These Terms of Use are to be governed by and construed in accordance with the laws of Victoria and any claim made by either party against the other which in any way arises out of these terms and conditions will be heard in Victoria and you agree to submit to the jurisdiction of those Courts.

If any provision in these Terms of Use is invalid under any law the provision will be limited, narrowed, construed or altered as necessary to render it valid but only to the extent necessary to achieve such validity. If necessary the invalid provision will be deleted from these Terms of Use and the remaining provisions will remain in full force and effect.

12. Confidentiality

We do not guarantee that your use of the Website will be confidential. We are not responsible for any harm that you or any person may suffer as a result of a breach of confidentiality in respect of your use of the Website.

13. Privacy

We undertake to take all due care with any Personal Information which you may provide to us when accessing the Website. However we do not warrant and cannot ensure the security of any information which you may provide to us. Information you transmit to us is entirely at your own risk although we undertake to take reasonable steps to preserve such information in a secure manner.

Our policy with regard to the collection and use of your Personal Information is contained in our Privacy Policy.

14. General

We accept no liability for any failure to comply with these Terms of Use where such failure is due to circumstances beyond our reasonable control.

A failure or delay by us to exercise a power or right under these Terms of Use does not constitute as a waiver of that power or right, and the exercise of a power or right by us not prelude its future exercise or the exercise of any power or right. If we waive any rights available to us under these Terms of Use on one occasion, this does not mean that those rights will be waived on any other occasion.

If any of these Terms of Use are held to be invalid, unenforceable or illegal for any reason, the remaining Terms of Use shall nevertheless continue in full force.

Access to the Website may be terminated at any time by us without notice. Our disclaimers will nevertheless survive any such termination.

15. Terminology

The following apply to these Terms of Use.

linked websites means websites of persons or entities other than us which are hyperlinked from the Website.

Personal Information has the meaning as defined under the Privacy Act 1988 (Cth).

Terms of Use means these terms and conditions, as amended from time to time.

Website means the whole or any part of the web pages located at www.opalbiosciences.com (including the lay-out of this website, individual elements of the website design, underlying code elements of this website, or text, sounds, graphics, animated elements or any other content of this website.)

you or your means you as the purchaser of Goods from the Website pursuant to these Terms.

Version: 1.0 | Date of Publication: 16-05-2015