Terms & Conditions
This website is provided by Eisai Australia Pty Limited, registered in Australia under Australian Company Number (ACN) 117 970 993 and whose principal place of business is at Level 2, 437 St. Kilda Road. Melbourne, VIC, 3004.
We will use reasonable efforts to indicate any material changes to these Terms by posting a notice on the homepage of this website. Your continued use of this website after the effective date of any change to these Terms will be treated as acceptance by you of such change.
You agree to use this website only in accordance with these Terms. In the event that your unauthorised use of this website results in loss or damage to any person who then brings a claim against us, you agree to indemnify us for all losses and/or damages arising from such claim.
As a user of this website you undertake:
(i) not to knowingly or recklessly contravene, in the course of using this website, the provisions of any legal or regulatory requirements of any competent authority having jurisdiction over you or over any activity you undertake;
(ii) not to use this website to make unauthorised attempts to access or interfere with any of our systems or third party networks;
(iii) not to use this website to conduct any business or activity or solicit the performance of any activity that is prohibited by law;
(iv) not to use this website for the transmission or posting of any material which is defamatory, offensive or of an abusive or obscene or menacing nature or which infringes third party rights, or for the purpose of causing annoyance, inconvenience or needless anxiety to any third party, or send any message which you know to be false or make use of this website for such purpose(s);
(v) to inform us immediately of any claim or action against you for any use of this website and, on request from us, to immediately cease the act complained of.
OUR USE OF YOUR PERSONAL INFORMATION
WHILST WE HAVE EXERCISED REASONABLE CARE IN COMPILING THIS WEBSITE, WE ARE NOT RESPONSIBLE FOR ANY ACTION TAKEN BY YOU OR ANY OTHER PERSON OR ORGANISATION, WHEREVER THEY ARE BASED, AS A RESULT, DIRECT OR OTHERWISE, OF INFORMATION CONTAINED IN OR ACCESSED THROUGH THIS WEBSITE, WHETHER SUCH INFORMATION IS PROVIDED BY US OR A THIRD PARTY. NOTHING ON THIS WEBSITE SHOULD BE CONSTRUED AS THE GIVING OF ADVICE OR THE MAKING OF ANY RECOMMENDATION AND THIS WEBSITE SHOULD NOT BE RELIED UPON AS THE BASIS FOR ANY DECISION OR ACTION.
AS A RESULT OF ONGOING MEDICAL ADVANCES AND DEVELOPMENTS, THE INFORMATION ON THIS WEBSITE MAY NOT ALWAYS BE COMPLETELY UP TO DATE AND, FOR THIS REASON, SUCH INFORMATION IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE INFORMATION OBTAINED OR DOWNLOADED FROM OR THROUGH THIS WEBSITE IS AT YOUR SOLE DISCRETION AND RISK. WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS OR UNDERTAKINGS EITHER EXPRESS OR IMPLIED:
(i) RELATING TO ANY CONTENT AVAILABLE ON THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, THE TIMELINESS, CURRENCY, ACCURACY, COMPLETENESS OR FITNESS FOR ANY PARTICULAR PURPOSE OF SUCH CONTENT;
(ii) THAT THIS WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE;
(iii) THAT THE RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THIS WEBSITE WILL BE ACCURATE, ERROR FREE OR RELIABLE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS (WHETHER IMPLIED OR EXPRESS) OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, IN WHICH CASE, THE LIMITATIONS SET OUT ABOVE MAY NOT APPLY.
ANY MEDICAL INFORMATION ON THIS WEBSITE IS NOT INTENDED AS A SUBSTITUTE FOR INFORMED MEDICAL ADVICE AND WE CANNOT ANSWER ANY UNSOLICITED E-MAILS RELATING TO PERSONAL HEALTHCARE ISSUES. INFORMATION ON THE PRODUCTS MENTIONED ON THIS WEBSITE MAY VARY BY COUNTRY. PATIENTS AND HEALTHCARE PROFESSIONALS SHOULD CHECK WITH LOCAL MEDICAL RESOURCES AND REGULATORY AUTHORITIES FOR INFORMATION APPROPRIATE TO THEIR COUNTRY. YOU MUST CONSULT A SUITABLY QUALIFIED HEALTHCARE PROFESSIONAL ON ANY SPECIFIC PROBLEM OR MATTER WHICH IS COVERED BY ANY INFORMATION ON THIS WEBSITE BEFORE TAKING ANY ACTION.
WE SHALL HAVE NO LIABILITY IN RESPECT OF ANY LOSS OR DAMAGE SUSTAINED BY YOU RELATING TO THE PROVISION OF THIS WEBSITE, WHETHER CAUSED BY OUR BREACH OF CONTRACT OR MISREPRESENTATION OR BY OUR NEGLIGENCE OR OTHER TORT (CIVIL WRONG) INCLUDING (WITHOUT LIMITATION) ANY LOSS OF PROFIT, BUSINESS OR OPPORTUNITY, OR ANY INCIDENTAL, CONSEQUENTIAL, ECONOMIC, OR INDIRECT LOSS OR SPECIAL DAMAGE SUFFERED BY YOU AND ARISING FROM OUR LIABILITY UNDER OR IN CONNECTION WITH THIS WEBSITE OR THESE TERMS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. THIS CLAUSE EXTENDS TO OUR OFFICERS, EMPLOYEES, AGENTS, AFFILIATES AND CONTRACTORS.
NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR: (I) DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR SERVANTS OR AGENTS; OR (II) FRAUD; OR (III) MISREPRESENTATION AS TO A FUNDAMENTAL MATTER; OR (IV) ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE PROVIDE THIS WEBSITE AS A FREE SERVICE TO OUR USERS. WE HAVE NO DUTY TO UPDATE THIS WEBSITE OR ITS CONTENT AND WE SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING AS A RESULT OF OUR FAILURE TO UPDATE.
THIRD PARTY LINKS AND CONTENT
This website may contain third party owned content (e.g. articles, data feeds or abstracts) and may also include hypertext links to third party owned websites. We provide such third party content and links as a courtesy to our users. We have no control over any third party owned websites or content referred to, accessed by or available on this website and, therefore, we do not endorse, sponsor, recommend or otherwise accept any responsibility for such third party websites or content or for the availability of such websites. In particular, we do not accept any liability arising out of any allegation that any third party owned content (whether published on this, or any other, website) infringes the intellectual property rights of any person or any other liability arising out of any information or opinion contained on such third party website or content.
The copyright in this website, including (without limitation) in all documents, files, text, images, graphics, devices and code contained in it and in this website’s general “look and feel”, is owned by Eisai or its third party licensors. You are authorised to copy and print extracts or documents from this website (except for any third party owned content which has been identified as such) for your non-commercial use provided any such copy or print retains all copyright or other proprietary notices and any disclaimer contained within them. Unless otherwise indicated, all Eisai product names are registered trademarks. All Eisai logos and trademarks may not be used or reproduced without our prior written consent. Other than as specifically set out in this clause, reproduction of part or all of the content of this website in any form, including framing, creating any derivative work based on this website and/or its content, incorporation into other websites, electronic retrieval systems or publications, is prohibited. No links to this website may be included in any other website without our prior written permission.
We cannot guarantee that you have any right to use third party owned content which is available on this website and you must obtain permission from the third party owner before using or downloading such content. Content which is copyright protected may not be changed nor may any author attribution notice or copyright notice appearing on such content be altered without first obtaining the appropriate consents.
In the event that you submit any material for inclusion on this website including (without limitation) personal information, know-how, comments, ideas, questions, techniques, abstracts or similar), you agree (i) that such material will not be deemed to be confidential and (ii) to grant to us a world-wide, perpetual, royalty-free, non-exclusive licence to use, disclose, copy, modify, adapt, publicly display and translate all or any of such material for any purpose whatsoever without restriction. We reserve the right, in our sole discretion, to remove or delete, without notice, any material you submit for inclusion on this website.
Except for the limited permission set out above, nothing on this website should be construed as granting any other right or licence.
We will send all notices relating to these Terms and the use of this website by e-mail to your last known registered e-mail address. You can send notices to us by e-mail to EUMedInfo@eisai.net..
These terms apply to use of this website by you alone. We may assign these Terms to a third party and/or engage the services of contractors, including (without limitation) the providers of outsourcing services, for the performance of our rights and obligations under these Terms.
If any provision of these Terms is held to be unenforceable, it will not affect the validity and enforceability of the remaining provisions.
These Terms represent the complete agreement and understanding between you and us and govern your access and use of this website. These Terms supersede any other written or oral agreement between you and us in relation to the use of this website.
Any delay by us in enforcing any breach of these Terms shall not affect our rights of enforcement and any waiver of any breach shall not operate as a waiver of any subsequent or continuing breach.
We shall not be liable for any failure to perform, or for any delay in performing, any of our obligations under these Terms where such failure or delay arises from circumstances beyond our control.
This website and its contents comply with Australian laws. Although the information on this website is accessible to users outside the Australia, the information on this website is intended for use only by Australian residents. Accordingly, in using this website you submit to the exclusive jurisdiction of the Australian courts.
Any promotional content of this website has been prepared with reference to the Medicines Australia Code of Conduct (www.medicinesaustralia.com.au). In using this website you agree that any concerns you may have about the content will be taken up first with Eisai. Then if you are not satisfied with Eisai’s response, you may submit a complaint to Medicines Australia.
References to “Eisai”, “Group”, “we”, “us” and “our” are references to Eisai Australia Pty Limited and its affiliates. You can contact Eisai by sending an e-mail to EUMedInfo@eisai.net.