TERMS OF USE
Terms and Conditions of Use
Thank you for visiting our website. By accessing this website or any other website operated by Saluda Medical (including www.saludamedical.com/, or www.saludamedical.com/international/), you agree to be bound by these terms and conditions of use (“Terms”). If you do not agree to abide by these Terms, you must not access or use this website or any other website operated by Saluda Medical. For the purposes of these Terms, “Saluda Medical”, “us”, “our” or “we”, refers to Saluda Medical Pty Ltd and where applicable, includes its subsidiaries Saluda Medical Americas, Inc and Saluda Medical Europe Limited. These Terms are dated 10 June 2020. Saluda Medical may at its sole discretion at any time modify or replace these Terms and any aspects of a Saluda Medical website without notice to you. Accordingly, please review the Terms each time you visit a Saluda Medical website. By accessing this website, it means you accept the most recent version of the Terms. Only the English version of these Terms is legally binding. Any translations that have been provided are purely for user convenience only. In the event of discrepancy between a translation and the English master, the English master prevails.
Scope
Depending on the country where you are located, you will either be automatically directed to the Saluda Medical website which we believe is most relevant to you or you will be given the option of choosing between our Australian, United States of America, European or other specific product website. The information on Saluda Medical websites are for your general information only and includes information concerning Saluda Medical, products being developed by Saluda Medical and products which, depending on your jurisdiction, may be available for purchase in your jurisdiction. Depending on which of our websites you have accessed, you may see information about products that are not available in your country. Products referenced on our websites may not be approved for sale in your country. Any information you are provided is not intended to be relied on or act as a substitute for professional medical advice. You must always seek the advice of a qualified health care provider regarding any medical condition or treatment. On our websites we include, or provide links to, medical publications, manuals, guides and other tools for use by qualified health care providers. These tools are not intended for patient use or to give or act as a substitute for professional medical advice. Health care providers should always exercise their own clinical judgment for any given situation. You should promptly seek the advice of a hospital emergency medical treatment.
Ownership and use of our intellectual property
Saluda Medical is the owner of and/or is permitted to use all intellectual property rights appearing on or contained within our websites, unless otherwise indicated. All of the trademarks (including “Saluda Medical” and “Evoke®”), service marks and logos displayed on a Saluda Medical website (whether or not marked with a TM or ®) are the registered or unregistered (as applicable) trademarks of Saluda Medical or its subsidiaries. You agree not to display or use any such trademarks, service marks or logos except with our express prior written permission. © Saluda Medical 2020. This website and the material on this website (including without limitation the text, design, organisation, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) are owned by Saluda Medical and its licensors (as applicable) and are protected by Australian and foreign copyright laws. You do not acquire ownership rights to any content, document or other materials accessible through the website. You are only allowed to use such material as expressly authorised by Saluda Medical or its licensors or as permitted by applicable law. All other rights are reserved. For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without Saluda Medical’s prior written permission or as permitted by law. You are not permitted to create any links to this website or any content on the website without our express written permission. Saluda Medical gives you a non-exclusive, limited, and revocable right to: (i) view this website and the material on this website using an industry standard web browser; (ii) download and/or print a single copy of documents from the website in unaltered form, in each case for your personal or informational, non-commercial use. All copyright, trademark and other proprietary rights notices must appear on all copies, including the copyright notice at the start of this section. You may request permission to use the copyright materials on this website by writing to info@saludamedical.com or Saluda Medical, Attn: Legal Department, Ground Floor, 407 Pacific Highway, Artarmon NSW 2064, Australia.
Other websites and references to third parties
Our websites may contain links to other websites which are controlled and operated by third parties. Your use of any third-party website is subject to the terms and conditions of use, privacy policies and rules of the relevant third-party website. The inclusion of a link does not imply affiliation with, or endorsement by Saluda Medical of a third-party website and Saluda Medical is not responsible for your use of such third-party websites, or the content, accuracy, or opinions expressed in third-party websites. If you decide to leave our website and access these third-party websites, you do so at your own risk. Similarly, the listing of any person or organisation in a Saluda Medical website is for convenience only and in no way implies an endorsement of that person or organisation or the information, products or services provided by that person or organisation.
Your feedback
Any information that you submit through a Saluda Medical website will be considered non-personal, non-confidential, and non-proprietary (other than personal information, as that term is defined in our Privacy Statement, which is accessible here. If you transmit any ideas, information or know-how to us through a Saluda Medical website, you grant Saluda Medical a non-exclusive royalty and fee free, irrevocable license to in any way use, reproduce, display, perform, modify, transmit and distribute such ideas, information and know-how for any purpose.
Risks and disclaimer of warranties
By accessing a Saluda Medical website, you will be assuming all risks associated with use of the website. Although your security is important to us and we take care with security, this includes the risks to your data, software and systems being damaged by a virus which might be transmitted through a Saluda Medical website. You are responsible for taking necessary protections to protect your data, software and systems from any viruses. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH SALUDA MEDICAL WEBSITE AND THE MATERIALS CONTAINED ON THOSE WEBSITES ARE PROVIDED “AS IS” AND WITHOUT ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE, SALUDA MEDICAL DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY AND ACCURACY. WITHOUT LIMITING THE FOREGOING, SALUDA MEDICAL MAKES NO WARRANTY THAT YOUR ACCESS TO THE SALUDA WEBSITES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT THE MATERIALS CONTAINED ON THIS WEBSITE ARE SUITABLE FOR YOUR INTENDED USE.
Limitations of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AGREE THAT SALUDA MEDICAL, ITS SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE TO YOU (WHETHER UNDER THE LAW OF CONTACT, THE LAW OF TORTS OR OTHERWISE) FOR ANY COSTS, CLAIMS, EXPENSES, CHARGES, LOSSES, DAMAGES OR PENALTIES OF ANY KIND (INCLUDING INDIRECT, SPECIAL OR CONSEQUENTIAL LOSS OR DAMAGE, EXEMPLARY AND PUNITIVE DAMAGES, BUSINESS LOSSES, LOSS OF REVENUE, INCOME, PROFITS OR ANTICIPATED SAVINGS, LOSS OF CONTRACTS OR BUSINESS RELATIONSHIPS, LOSS OF REPUTATION OR GOODWILL, BUSINESS INTERRUPTION, OR LOSS OR CORRUPTION OF INFORMATION, DATA, SOFTWARE OR SYSTEMS) INCURRED DIRECTLY OR INDIRECTLY THROUGH YOUR USE OF A SALUDA MEDICAL WEBSITE OR YOUR RELIANCE ON THE MATERIAL ON OR AVAILABLE THROUGH A SALUDA MEDICAL WEBSITE OR ANY ERROR, OMISSION OR MISREPRESENTATION IN ANY INFORMATION ON SUCH WEBSITE OR AVAILABLE THROUGH THE WEBSITE. NOTHING IN THIS DISCLAIMER WILL EXCLUDE OR LIMIT ANY WARRANTY IMPLIED BY LAW THAT IT WOULD BE UNLAWFUL TO EXCLUDE OR LIMIT. WHERE THE LAW IMPLIES A WARRANTY INTO THESE TERMS AND CONDITIONS WHICH MAY NOT LAWFULLY BE EXCLUDED, OUR LIABILITY FOR BREACH OF SUCH A WARRANTY SHALL BE LIMITED AT OUR OPTION, TO ANY ONE OR MORE OF THE FOLLOWING: (A) IN THE CASE OF GOODS, TO THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF EQUIVALENT GOODS, THE REPAIR OF THE GOODS, THE PAYMENT OF THE COST OF REPLACING THE GOODS OR ACQUIRING EQUIVALENT GOODS; AND (B) IN THE CASE OF SERVICES, TO EITHER SUPPLYING THE SERVICES AGAIN OR PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. THE TOTAL LIABILITY OF SALUDA MEDICAL, ITS SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED AU$100.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD SALUDA MEDICAL, ITS SUBSIDIARIES AND EACH OF THEIR OFFICERS, EMPLOYEES AND AGENTS, HARMLESS FROM ANY CLAIM, DEMAND, LIABILITY, EXPENSE, OR LOSS, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF, OR IN ANY WAY CONNECTED WITH YOUR USE OF OR ACCESS TO SALUDA MEDICAL WEBSITES OR YOUR VIOLATION OF THESE TERMS.
Reasonableness
By using a Saluda Medical website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use a Saluda Medical website or the materials found on a Saluda Medical website.
Unenforceable provisions
If any provision of these Terms is, or is found to be, unenforceable under applicable law, that provision must be read down to the extent necessary to make it enforceable in a manner as to give greatest effect to the original intention and if it is unable to be so read down, it must be severed (without affecting the enforceability of the other provisions of these Terms).
Privacy Statement
Your privacy is important to Saluda Medical. Please refer to our Privacy Policy found here for information about the personal information that Saluda Medical collects, and the ways in which Saluda Medical, collects, uses and discloses that personal information. Saluda Medical may update its Privacy Policy by posting a new version on its website. You should check this page each time you access a Saluda Medical website to ensure that you are familiar with any changes. If you wish to access the personal information that Saluda Medical holds about you, you can make a request to us. Subject to applicable law, Saluda Medical may impose a reasonable charge for providing you access to your personal information.
General legal terms
Saluda Medical Pty Ltd ABN 14 145 902 272 is an incorporated Australian proprietary limited company. These Terms are governed by the laws of New South Wales, Australia and you agree to submit to the exclusive jurisdiction of the courts in New South Wales, Australia irrespective of where you are located (excluding the U.N. convention on the international sale of goods). By accessing a Saluda Medical website you hereby agree this jurisdiction and to a waiver of a jury in any dispute between you and Saluda Medical and/or any of its subsidiaries. You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of a Saluda Medical website and the contents and materials provided therein. Saluda Medical’s failure to act with respect to any breach by you of these Terms does not constitute a waiver of its right to act with respect to that breach or subsequent or similar breaches. You may not assign, sub-license or otherwise transfer any of your rights under these Terms without Saluda Medical’s consent. Saluda Medical may assign any or all of our rights under or arising out of these Terms or novate these Terms to any subsidiary or group member of Saluda Medical or a third party without giving you notice. You may not access, download, use or export a Saluda Medical website or the materials on a Saluda Medical website in violation of any applicable United States export laws or regulations, or in violation of any other applicable laws or regulations. You agree to use your best endeavours to resolve any dispute arising out of or relating to these Terms with us, prior to resorting to any external dispute resolution process. Please must notify us in writing and give us a reasonable opportunity to resolve any dispute you may have. These Terms, the Privacy Policy, any operating rules, policies, or procedures that may be posted from time to time by Saluda Medical on its websites, and any modifications to the foregoing, constitute the entire agreement between Saluda Medical and you with regard to the subject matter hereof and supersede all prior understandings and agreements, whether written or oral, as to such subject matter.
Contact Saluda
If you have any questions, please contact us at info@saludamedical.com or Saluda Medical, Attn: Legal Department, 5850 Opus Parkway, Suite 130, Minnetonka, MN 55343 USA.