Homecare Services Terms of Use

Last Updated 18 September 2013
These general terms and conditions of use (Terms of Use) apply to all users of Fisher & Paykel Healthcare Limited’s (FPH) Homecare Services website (the Site). By completing the registration process and/or accessing the Site, you are stating that you agree to be bound by all of the following Terms of Use, the Marketing Material Licence Terms and the Privacy Policy (together referred to as the Website Terms). If you do not agree to be bound by the Website Terms then you must stop accessing and using the Site.
  1. Operation of Site: The Site is operated by FPH. The Site provides you with the ability to search for, and download, marketing collateral, clinical information and training resources related to FPH products. FPH may at any time and without notice cease operating the Site in whole or in part. For further terms and conditions relating to: (a) your right to use the content made available to you by FPH on the Site, please refer to the Marketing Material Licence Terms; your personal information that may be collected by the Site Please refer to the Privacy Policy.
  1. Registration Data: You confirm that the data you provided to FPH on registering to use the Site is, at the time you provided it, current, complete and accurate, and you agree to maintain and update the data as required to keep it so. You also confirm that the data or any other information provided through the registration process, or subsequent to registration, is not misleading or deceptive, or likely to mislead or deceive.  
  1. Security: You must ensure that your username and password is kept secure and confidential and not revealed to any other person. You are entirely responsible for all activities that occur through the use of your username and password. You must notify FPH immediately of any unauthorised use of your username and password or any other breach of security. On receipt of your notification, FPH will cease to allow access to the Site using that username and password.
  1. Reliance on Password: You release FPH from all claims arising from any reasonable reliance by FPH on any use of your username and password, including FPH disclosing information relating to your registration and/or affairs with FPH. 
  1. Marketing Material Licence: FPH grants you a non-exclusive, non-transferable, revocable licence to use the images, text, diagrams, animations, video, resources and other material that are specifically made available to you by FPH on the Site for you to download (Content) on the terms and conditions set out in the Marketing Material Licence Terms. You must not (and must ensure that your employees, agents and contractors do not) use, copy, adapt, distribute or otherwise deal with the Content other than in accordance with the Marketing Material Licence Terms.
  1. Intellectual Property: You acknowledge and agree that all intellectual property rights in the contents of the Site (including, without limitation, the Content, all trade marks and copyright) are owned by, or licensed to, FPH. Subject to clause 5, no part of the Site may be: (a) distributed or copied for any commercial purpose and you are not permitted to incorporate the material or any part of it in any other work or publication (whether in hard copy, electronic or other form) without the prior written consent of FPH; and (b) reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive extracts from the Site only for your own personal or internal business use. Subject to clause 5, nothing in these Terms of Use or your use of the Site will confer on you any ownership or other intellectual property rights in the Content.
  1. Confidentiality: You acknowledge the confidential and proprietary nature of the information provided to users of the Site. Subject to clause 5, you accordingly undertake to keep such information confidential, use it only for the purposes for which it is intended, and not disclose any of it until it becomes public knowledge through no fault of you. The obligation of confidentiality will continue indefinitely.
  1. Linking: The contents of the Site may include links to third party materials (Linked Sites). FPH will not be responsible for the contents of any Linked Site or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties. These links are provided to you only as a convenience, and the inclusion of any link does not imply FPH’s endorsement of the Linked Sites or any association with their operators.
  1. Conduct: You must not misuse the Site. You will not do any of the following (either directly or indirectly) while using the Site:
    1. permit the use of your login by any person other than yourself;
    2. use the Site in a manner likely to cause excessive load or otherwise interfere with the use of the Site by third parties;
    3. attempt to scan, probe, test for vulnerabilities, tamper with, interfere with, or disrupt the Site;
    4. cause or permit the reproduction, reverse engineering, disassembly, or decompilation of the Site;
    5. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site; or
    6. transmit or distribute any virus or other technologically harmful material.
FPH will not be liable for any loss or damage caused by a virus or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of this Site, or to your downloading of any material posted on it, or on any website linked to it.
  1. Termination: You or FPH may terminate your registration at any time for any reason (including, without limitation, a failure by you to comply with any of the Website Terms). Once terminated, you will not access the Site in any manner or for any reason without FPH’s prior written consent.
  1. Disclaimer: The Site makes Content, information and other material available to you as a service. You acknowledge that the Content, information and other material contained on the Site does not constitute or contain medical advice of any kind. Any Content, information or other material contained on the Site is of a general nature and is not intended to be a substitute for medical advice, diagnosis or treatment. You must ensure that users of any materials containing the Content, information or other material are aware of this and are directed to seek the advice of a physician or other qualified health provider regarding medical issues. Use of any Content, information or other material contained on the Site is at your own risk and FPH is not responsible for any adverse or other consequences arising out of such use. FPH reserves the right to change the Content, information and other material on the Site at any time.
  1. Limitation of Liability and Indemnity: FPH does not give any warranty of accuracy, reliability or fitness for any purpose of the Content, information and other material contained on the Site to you or any other person. To the fullest extent permitted by law, FPH excludes all responsibility and liability in relation to the Site and FPH will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or economic loss, such as loss of profits, revenue or goodwill). You will take all necessary action to defend and indemnify FPH, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against FPH arising from a breach by you of any of the Website Terms.
  1. Amendments: FPH reserves the right to change, alter or modify the Website Terms (Amendments) at any time without notice. By continuing to access the Site, you agree to be bound by the Amendments.
  1. Reservation of Rights: If you breach any of the Website Terms, FPH reserves the right to exercise its full legal rights in respect of the breach.
  1. Law: The Website Terms are governed by and will be construed in accordance with the laws of New Zealand and you submit to the jurisdiction of the courts of New Zealand.
  1. Contact: If you have any questions, concerns or complaints in relation to the Site or the Website Terms please contact FPH by sending an email to homecare.services@fphcare.com.