You should assume that everything you see or read on the Site is copyrighted, unless otherwise noted, and may not be used except as provided in these terms and conditions or in the text on the Site without the written permission of Bristol-Myers Squibb. Bristol-Myers Squibb neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Bristol-Myers Squibb.
The trademarks, trade names, logos, and service marks (collectively the “Trademarks”) displayed on the Site are registered and unregistered Trademarks of Bristol-Myers Squibb, its global affiliate companies or others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Bristol-Myers Squibb or such third party that may own the Trademarks displayed on the Site. Your use of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these terms and conditions, is strictly prohibited. You are also advised that Bristol-Myers Squibb will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution if appropriate.
Acceptance of Agreement
This Site is produced by Bristol-Myers Squibb Australia Pty Ltd (“Bristol-Myers Squibb”). Your access to and use of this web site and related e-mails (the “Site”) is subject to the following terms and conditions and all applicable laws. By accessing and browsing the Site, you accept and agree to, without limitation or qualification, the terms and conditions and acknowledge that any other agreements between you and Bristol-Myers Squibb are superseded and of no force or effect with respect to your access and use of the Site.
Scope of Use
Bristol-Myers Squibb maintains the Site for your personal information, education, and communication. The opinions and recommendations expressed by any visitors to the Site represent those of individuals involved, and are not intended as endorsement or recommendation by Bristol-Myers Squibb of any particular product or services. Please feel free to browse the Site. You may download material displayed on the Site for non-commercial, personal use only, provided you maintain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, modify, transmit, reuse, repost, or use the content of the Site for public or commercial purposes, including the text and images, without Bristol-Myers Squibb’s written permission. Although accessible by others, the information on this site is relevant to Australian residents only. Access to the Bristol-Myers Squibb Site from territories where the content of the Site may be illegal or inappropriate is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
No Medical Advice
The Site does not provide medical advice. The Bristol-Myers Squibb products or other pharmaceutical products (if any) described on this Site are available only by prescription from a licensed healthcare professional. Please consult the full prescribing information for any pharmaceutical product referred to in this Site. This Site may contain from time to time information related to various health, medical and fitness conditions and their treatment. Such information is not meant to be a substitute for the advice provided by a physician or other healthcare professional. You should not use the information contained herein for diagnosing a health or fitness problem or disease. If you desire or need such services or advice, you should promptly consult your physician or a healthcare professional.
You should not construe anything on the Site as a promotion or solicitation for any product or service or for the use of any product or service that is not authorised by the laws and regulations of the country where you are located. For specific information about particular products, you should refer to the full prescribing information as approved by the relevant governmental authority of the country where you are located and consult with a healthcare professional. The product information may differ between countries and may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries.
Exclusion of Warranty
While Bristol-Myers Squibb uses reasonable efforts to include accurate and up-to-date information in the Site, Bristol-Myers Squibb makes no warranties or representations as to its accuracy. Bristol-Myers Squibb assumes no liability or responsibility for any errors or omissions in the content of the Site. No reliance is to be placed upon Bristol-Myers Squibb or any information contained or referred to at this Site by reason of access and reference to, and use of, any information at this Site. Without limiting the foregoing, everything on the Site is provided to you “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.
Limitation of Liability
Your use of and browsing in the Site are at your risk. Neither Bristol-Myers Squibb nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Bristol-Myers Squibb assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, or images from the Site.
Certain areas of the Site may enable you to access online forums and to submit e-mails, or otherwise provide feedback to Bristol-Myers Squibb. Bristol-Myers Squibb does not endorse, and specifically disclaims, any responsibility or liability for any content in these fora. You may not post or transmit any unlawful, threatening, libellous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law. In addition, you are prohibited from posting or transmitting any information which (a) infringes the rights of others or violates their privacy or publicity rights, (b) is protected by copyright, trademark or other proprietary right, unless with the express written permission of the owner of such right, (c) contains a virus, bug or other harmful item, or (d) is used to unlawfully collude against another person in restraint of trade or competition. You shall be solely liable for any damages resulting from any infringement of copyright, trademark, or other proprietary right, or any other harm resulting from your use of the Site.
Links to Other Sites
This agreement and its performance shall be governed by the laws in the State of Victoria, Australia, without regard to its conflict of laws provisions. You consent and submit to the exclusive jurisdiction of the courts located in Australia, in all questions and controversies arising out of your use of the Site and this Agreement. To the extent allowed by applicable law, any claim or cause of action arising from or relating to your access or use of the Site must be brought within two (2) years from the date on which such claim or action arose or accrued.
This agreement is in English and the parties agree that the English version, shall prevail to the extent of any inconsistency with any translations of this document.
Modification of Agreement
Bristol-Myers Squibb may, at any time, revise the terms and conditions of this agreement governing use of the Site. If any terms and conditions contained in this Legal Notice are changed, the amended notice will be posted on the Site. You are bound by any such revisions and should, therefore, periodically review these terms and conditions.
ONC/0612/07-16 July 2016