Terms & Conditions
Terms & Conditions
2. Information on the Website
Whilst every effort is made to update the information contained on this website, neither the Website Owner nor any third party or data or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, any share price information, research information, data and/or content contained on the website (including but not limited to any information which may be provided by any third party or data or content providers) ("information") and shall not be bound in any manner by any information contained on the website. the Website Owner reserves the right at any time to change or discontinue without notice, any aspect or feature of this website. No information shall be construed as advice and information is offered for information purposes only and is not intended for trading purposes. You and your company rely on the information contained on this website at your own risk. If you find an error or omission at this site, please let us know.
3. Trade Marks
The trade marks, names, logos and service marks (collectively "trade marks") displayed on this website are registered and unregistered trade marks of the Website Owner. Nothing contained on this website should be construed as granting any licence or right to use any trade mark without the prior written permission of the Website Owner.
4. External Links
External links may be provided for your convenience, but they are beyond the control of the Website Owner and no representation is made as to their content. Use or reliance on any external links and the content thereon provided is at your own risk. When visiting external links you must refer to that external websites terms and conditions of use. No hypertext links shall be created from any website controlled by you or otherwise to this website without the express prior written permission of the Website Owner. Please contact us if you would like to link to this website or would like to request a link to your website.
5. Public Forums and User Submissions
The Website Owner is not responsible for any material submitted to the public areas by you (which include bulletin boards, hosted pages, chat rooms, or any other public area found on the website. Any material (whether submitted by you or any other user) is not endorsed, reviewed or approved by the Website Owner. The Website Owner reserves the right to remove any material submitted or posted by you in the public areas, without notice to you, if it becomes aware and determines, in its sole and absolute discretion that you are or there is the likelihood that you may, including but not limited to -
5.1 defame, abuse, harass, stalk, threaten or otherwise violate the rights of other users or any third parties;
5.2 publish, post, distribute or disseminate any defamatory, obscene, indecent or unlawful material or information;
5.3 post or upload files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of the Website Owner's and/or a third party's computer system and/or network;
5.4 violate any copyright, trade mark, other applicable Great Britain or international laws or intellectual property rights of the Website Owner or any other third party;
5.5 submit contents containing marketing or promotional material which is intended to solicit business.
6. Specific Use
You further agree not to use the website to send or post any message or material that is unlawful, harassing, defamatory, abusive, indecent, threatening, harmful, vulgar, obscene, sexually orientated, racially offensive, profane, pornographic or violates any applicable law and you hereby indemnify the Website Owner against any loss, liability, damage or expense of whatever nature which the Website Owner or any third party may suffer which is caused by or attributable to, whether directly or indirectly, your use of the website to send or post any such message or material.
The Website Owner makes no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the website, the information contained on the website, your or your company's personal information or material and information transmitted over our system.
8. Disclaimer of Liability.
The Website Owner shall not be responsible for and disclaims all liability for any loss, liability, damage (whether direct, indirect or consequential), personal injury or expense of any nature whatsoever which may be suffered by you or any third party (including your company), as a result of or which may be attributable, directly or indirectly, to your access and use of the website, any information contained on the website, your or your company's personal information or material and information transmitted over our system. In particular, neither the Website Owner nor any third party or data or content provider shall be liable in any way to you or to any other person, firm or corporation whatsoever for any loss, liability, damage (whether direct or consequential), personal injury or expense of any nature whatsoever arising from any delays, inaccuracies, errors in, or omission of any share price information or the transmission thereof, or for any actions taken in reliance thereon or occasioned thereby or by reason of non-performance or interruption, or termination thereof.
9. Use of the Website.
The Website Owner does not make any warranty or representation that information on the website is appropriate for use in any jurisdiction (other than Great Britain ). By accessing the website, you warrant and represent to the Website Owner that you are legally entitled to do so and to make use of information made available via the website.
10.1 Entire Agreement.
These website terms and conditions constitute the sole record of the agreement between you and the Website Owner in relation to your use of the website. Neither you nor the Website Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these website terms and conditions supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website Owner in respect of your use of the website.
The Website Owner may at any time modify any relevant terms and conditions, policies or notices. You acknowledge that by visiting the website from time to time, you shall become bound to the current version of the relevant terms and conditions (the "current version") and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the website.
Where any conflict or contradiction appears between the provisions of these website terms and conditions and any other relevant terms and conditions, policies or notices, the other relevant terms and conditions, policies or notices which relate specifically to a particular section or module of the website shall prevail in respect of your use of the relevant section or module of the website.
No indulgence or extension of time which either you or the Website Owner may grant to the other will constitute a waiver of or, whether by estoppel or otherwise, limit any of the existing or future rights of the grantor in terms hereof, save in the event or to the extent that the grantor has signed a written document expressly waiving or limiting such rights.
The Website Owner shall be entitled to cede, assign and delegate all or any of its rights and obligations in terms of any relevant terms and conditions, policies and notices to any third party.
All provisions of any relevant terms and conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant terms and conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non scripto and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect.
10.7 Applicable laws.
Any relevant terms and conditions, policies and notices shall be governed by and construed in accordance with the laws of Great Britain without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of the High Court of Great Britain in respect of any disputes arising in connection with the website, or any relevant terms and conditions, policies and notices or any matter related to or in connection therewith.
10.8 Comments or Questions.
11.0 Advertising, links to Third Party Web sites and e-commerce offers
OptiPharm Pty Ltd. and/or third parties may from time to time, send e-mail messages to you which contain advertisements, promotions or other material. You expressly acknowledge and agree that OptiPharm Pty Ltd. makes no representation or warranty and shall not have any liability with respect to the content of any such e-mail messages or any goods or services which may be obtained in connection with such e-mail messages.
12. Image Release
On behalf of its client/s and respective contractors, agents, sponsors and suppliers, OptiPharm is authorised to use and reproduce, without any payment or notification, images, whether in photographic, video, film or electronic form, uploaded to the OptiSlim website through the Submit a Story function, for the purpose of trade, advertising, publicity, promotion and or any other purpose.
OptiPharm is not liable to you or any other party for any loss or damage suffered directly or indirectly through your use of this Website even where OptiPharm or its agents or employees are notified or advised of the possibility of such loss or damage. This includes, but is not limited to, liability for any direct, indirect, special or consequential damage or economic loss arising from or in connection with:
a. Access, use or inability to access or use this Website;
b. Reliance on the contents of this Website;
c. Any system, server or connection failure, error, omission, interruption, delay in transmission;
d. Any interference with or damage to your computer or computer system, including from viruses and any other harmful software. You must take your own precautionary measures to protect your computer or computer system from harmful software such as viruses;
e. Any use of or access to any other website linked to this Website.
This Website has been prepared from sources and materials believed to be accurate at the time of publication. OptiPharm does not warrant that the information on this Website is accurate, free from error or current. OptiPharm is under no obligation to you to update and maintain the currency of the information on this Website, and is not liable for errors that occur because the information is not up to date.
In making these disclaimers and in your agreeing to be bound by them, OptiPharm does not purport to exclude any rights or terms implied by law that cannot be excluded, such as any rights arising under the Trade Practices Act and other comparable State and Territory legislation in Australia. All other conditions, warranties, rights, remedies and terms are excluded.
OptiPharm liability for breach of any terms, warranties, rights or conditions implied by law that cannot be excluded is limited to the following at the option of OptiPharm:
1. In the case of services:
a. The supply of the services again; or
b. The cost of having the services supplied again; and
2. In the case of goods:
a. Replacing the goods;
b. Supply of equivalent goods;
c. Repair of such goods;
d. Payment of the cost of replacing the goods or acquiring equivalent goods; or
e. The cost of having the goods repaired.
All material on this Website is subject to copyright under the Copyright Act 1968 (Commonwealth of Australia) and through various international treaties and agreements under the laws of other countries. Unless expressly stated to the contrary, OptiPharm owns copyright in or is otherwise entitled or licensed to reproduce all the material on this Website.
Other than for the purpose of the Copyright Act 1968 (Commonwealth of Australia), or as otherwise stated below, no material on this Website may be altered, reproduces, stored in a retrieval system or transmitted without the prior written consent of OptiPharm.
A person may copy material on this Website:
* To store copies of the material on a computer for private and non-commercial viewing; and/or
* To print copies of the material for a non-commercial purpose, provided that the material is attributed to OptiPharm, retains all marks OptiPharm’s ownership and includes this notice.
The following trademarks of OptiPharm appear on this Website: OptiPharm
Names of products and companies used on this Website may also be trademarks of parties. All trademarks reproduced on this Website are owned by their respective owners and may be subject to certain rights both in Australia and overseas. Nothing on this Website should be construed as granting by implication, estoppel or otherwise, any licence or right to use any trade mark displayed on this Website, without the written permission of OptiPharm or the relevant trade mark owner.