Terms of Use

1. Acceptance and compliance

This site www.nicabate.com.au is owned and operated by GlaxoSmithKline Australia Pty Ltd ("GSKA"). Your access to the Website is conditional upon your acceptance and compliance with the terms, conditions, notices and disclaimers contained in this document and elsewhere on the Website (known collectively as "Conditions of Use"). Your use and/or continued access to the Website constitutes your agreement to the Conditions of Use. GSKA reserves the right to amend the Conditions of Use at any time. The amended Conditions of Use will be effective immediately. Since you will be bound by the amended Conditions of use, you should visit this page periodically to review the Conditions of Use.

2. Restrictions on use

You must not use the Website in any manner or for any purpose which is:

(a) unlawful or in any manner which violates any right of GSKA or any other company within the GlaxoSmithKline Group of Companies; or

(b) prohibited by the Conditions of Use. The Website is available only to, and may only be used by, individuals who can form legally binding contracts under the law applicable to them.

3. Copyright

All information, text, material, graphics and advertisements on the Website ("Content") are the copyright of GlaxoSmithKline Group of Companies (Copyright © 2007), its suppliers and/or licensors unless indicated otherwise on the Website. The Content is protected by Australian and international copyright law. Unauthorised use of the Content may violate these laws. You may download and view the Content for your personal, non-commercial use provided that all Content is intact and in the same form as presented on the Website (including all copyright, trade mark and other proprietary notices). Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any copyright of the GlaxoSmithKline Group of Companies.

4. Trade marks

All names, logos and trademarks owned by or licensed to the GlaxoSmithKline Group of Companies are set off from the surrounding text, and appear in italics or all capital letters, such as Nicabate or NICABATE. All other trademarks displayed on the Website are trade marks of their respective owners. Such third party trademarks are used only to identify the products and services of their respective owners, and no sponsorship or endorsement on the part of the GlaxoSmithKline Group of Companies should be inferred from the use of these trademarks. Nothing contained in the Website should be construed as granting any license or right of use of any trademark displayed on the Website without the express written permission of the relevant company within the GlaxoSmithKline Group of Companies or third party owner.

5. Disclaimer and limitation of liability

GSKA offers products and services to diagnose, prevent and treat disease. Our prescription medicines for use by healthcare professionals are regulated by government agencies in each of the countries in which we do business, such as the Therapeutic Goods Administration in Australia or Food and Drug Administration in the United States. Regulations often restrict the prescribing information that can be disclosed to the public thus requiring personal consultation with your health care professional. You may also need to visit other healthcare websites to find out more about prescription products.

The Website has been developed as a service of GSKA. Like any other service, and in spite of our best efforts to keep the Content current, the Content may become out of date from time to time. Nothing on this Website should be construed as the giving of advice or the making of a recommendation and it should not be relied on as the basis for any decision or action. It is important that you rely only on the advice of a health care professional to advise you on your specific situation.

GSKA makes no representation about the accuracy, reliability, completeness or timelines of the Content. The Content may contain inaccuracies or typographical errors. The use of the Website and Content is at your own risk.

Under no circumstances (including but not limited to an act or omission on the part of GSKA) will GSKA or any other company within the GlaxoSmithKline Group of Companies be liable for any indirect, incidental, special and/or consequential damage or loss of profits which result from any use or access of, or any inability to use or access, the Website or any Content.

To the fullest extent permitted by law, GSKA's liability for breach of any Prescribed Right which cannot be excluded is limited at the option of GSKA to the following:

  • In the case of services supplied or offered by GSKA, (a) the supply of the services again, or (b) the payment of the cost of having services supplied again; and

  • In the case of goods supplied or offered by GSKA, (a) the replacement of the goods or the supply of equivalent goods, or (b) the payment of the cost of replacing the goods or acquiring equivalent goods.

6. General information collection

GSKA collects non-personally identifiable information in aggregate form to track data such as the total number of visits to our web sites, the number of visitors to each page of our web sites, the general geographical areas from where those visitors accessed our web sites and the domain names of our visitors' internet service providers. We use this information, which remains in aggregate form, to understand how our visitors use our web sites so that we may improve them and the services we offer. We may also share this information with other companies within the GlaxoSmithKline group and with other third parties. NO PERSONALLY IDENTIFIABLE INFORMATION IS DISCLOSED IN THIS PROCESS.

Use of IP Addresses

An Internet Protocol (IP) address is a set of numbers that is automatically assigned to your computer whenever you log on to your internet service provider or through your organisation's local area network (LAN) or wide area network (WAN). Web servers automatically identify your computer by the IP address assigned to it during your session online.

GSKA, or third party companies acting on behalf of GSKA, may collect IP addresses for the purposes of systems administration and to audit the use of our site. We do not ordinarily link a user's IP address to personally identifiable information of that user, which means each user's session will be logged, but the user remains anonymous to us. However, we may use IP addresses to identify users of our site when we feel it is necessary to enforce compliance with the site's terms of use, or to protect our service, site or other users.

Cookies

This Site uses a technology called "cookies". A cookie is a small text file that is placed on your hard disk by a Web page server. Cookies help provide additional functionality to the Site or help us analyze usage of the Site more accurately. For instance, our server may set a cookie that keeps you from having to enter a password more than once during a visit to the Site. In all cases in which cookies are used, we will not collect personally identifiable information without your explicit permission. The only personally identifiable information GSKA collects is the information you voluntarily provide.

You have the ability to accept or decline cookies. Most Web Browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies, or receive a warning before a cookie is stored, if you prefer. Please refer to your Internet Browser's instructions or help screen to learn more about these functions. If you choose to decline cookies, you may not be able to fully experience the interactive features of this Site or any other web sites that you visit.

If you wish to disable GSKA's ability to track your website interactions, you have the ability to Opt-out of our third party tracking software. Visit http://www.d1.sc.omtrdc.net/optout.html and follow the Opt-Out Policy Instructions. The opt out process will require that you permit the placement of a cookie on your computer that indicates that you do not wish to be tracked by GSKA. In the event you remove your cookies from your computer, tracking will resume.

7. Personal Information collection

GSKA collects personally identifiable information (i.e. information from which you can be identified, such as name, address, telephone number or e-mail address) only when it is asked for and/or you voluntarily submit it to us on this Site. While you do not have to provide this information a failure to do so may mean that we are unable to provide you with information or services from the Site.

Any such information will be dealt with in accordance with our Privacy Policy. Amongst other things the Privacy Policy sets out how you can access and correct the personal information we may hold about you, or complain about our handling of your personal information.

The purpose for which the information is collected will either be made clear to you at the time the information is provided by you or collected from you, or will otherwise be in accordance with our Privacy Policy.

GSKA will not sell or rent personally identifiable information to any third party for any purpose. Sometimes selected third parties both locally and overseas are however used to provide GSKA with support services in connection with its web sites and marketing activities and such parties may, from time to time, have access to your personal information to enable them to provide those services to GSKA. GSK will not disclose any data about you where you have either i) not consented to the collection and use of your information, or ii) that information is sensitive. Please rest assured that all companies providing such support services are required by GSKA to meet the same standards of data protection as GSKA and are prohibited from using the information for their own marketing purposes.

GSKA is committed to protecting the security of your personal and sensitive information provided to us through the Site. GSKA uses a variety of security technologies and procedures to help protect your information from unauthorized access, use, or disclosure. For example, we store the information you provide to GSKA on computer servers with limited access that are located in controlled facilities. While we cannot guarantee that loss, misuse or alteration to data will not occur, we make every commercially reasonable effort to prevent such unfortunate occurrences. You also acknowledge that GSKA gives no assurance with regards to personal and sensitive information being transmitted by you to GSKA. GSKA will not be liable in any way in relation to any breach of security or unintended loss or disclosure of information due to the Site being linked to the internet.

8. Hyperlinks

This Website contains hyperlinks and other pointers to internet websites operated by third parties ("Linked Sites"). The Linked Sites are not under the control of GSKA and GSKA is not responsible for the contents of any Linked Site or any hyperlink contained in a Linked Site. The links are provided solely for your convenience and do not indicate expressly or impliedly, any endorsement by GSKA for the Linked Site or the products or services provided at those sites. You link to any such Linked Site entirely at your own risk.

We exercise no control over the quality, safety or legality of the products or services advertised or sold and statement made through any Linked Sites. The material on any Linked Site, including product information and prices, are the responsibility of the operator of the Linked Site. Any information contained on a Linked Site is subject to change without notice by the operator of that Website. GSKA is not liable for the prices or price changes, including where the price changes have not been reflected on the relevant site. Any purchases or dealings you have with a Linked Site are done at your own risk. GSKA is not a party to any transaction between you and a Linked Site.

The GSK privacy policy does not apply to Linked Sites. Please ensure you check the legal and privacy statement posted on each site you link to before disclosing your personal or sensitive information on any such site.

9. Internet Service Providers

If you are an internet service provider and/or access provider, you must not use the Website in any manner or for any purpose which is:

  • unlawful or in any manner which infringes any right of GSKA or any company within the GlaxoSmithKline Group of Companies; or

  • prohibited by the Conditions of Use.

10. Termination

The Conditions of Use are effective until terminated by GSKA. GSKA may terminate this agreement and your access to the Website at any time without notice. In the event of termination, you are no longer authorised to access the Website. All restrictions imposed on you, disclaimers and limitations or liability set out in the Conditions of Use will survive termination.

11. Governing Law

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

12. Miscellaneous

If any provision of the Conditions of Use is found to be invalid or unforceable 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. All rights not expressly granted are reserved.

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