Terms and Conditions of Use of Website

This website (the “Site”) is owned and operated by Fisher & Paykel Healthcare Limited (the “Company”).

Through this Site, the Company makes available to the public information and services subject to the following terms and conditions:

1. PLEASE READ THESE TERMS OF USE AND OUR PRIVACY POLICY BEFORE USING THE SITE. By viewing the pages of this Site, you acknowledge that you have read and accepted these Terms and Conditions of Use and our Privacy Policy.
    
2. The Site includes information, facts, reports, advertising and opinions (collectively, "Information"). Such Information is provided for informational purposes only. Any views, analysis or opinions designated as those of the Company represent the views of the Company and do not necessarily represent the views of any of its employees, officers, or directors. The Information may change without notice.
    
3. The Information does not constitute medical advice. All medical information provided on the Site is of a general nature and is not intended to be a substitute for medical advice, diagnosis or treatment. Users are directed to seek the advice of a physician or other qualified health care provider regarding medical issues. The laws of most countries in which the Company does business require that the products sold by the Company be prescribed under the care and management of a physician or other qualified health care provider.
    
4. The Site may contain links to other websites operated by parties that are not associated with the Company (“third parties”). These links have been provided solely for you to obtain further information about other relevant products and organisations. The Company has no control over the information on these sites or the products or services on them and therefore makes no representations regarding the accuracy or suitability of such information, services, or products. We recommend that you make your own enquiries in relation to third parties described or linked on the Site. Inclusion of a link to a third party website should not be seen as the Company’s endorsement of that party’s website. By linking to sites operated by third parties, the Company is not authorising the reproduction of any material on such websites; as such material may be the subject of intellectual property rights.
    
5. THE SITE IS PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. USE OF THE SITE IS AT YOUR OWN RISK. IN NO EVENT SHALL THE COMPANY OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES ARISING OUT OF USE OF THE SITE EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN DAMAGES, IN SUCH JURISDICTIONS, COMPANY'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
    
6. The Site, and all content included therein, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (“Site Content”), is owned by or licensed to the Company and is protected by international copyright and other intellectual property laws. You may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit Site Content without the written consent of the Company, other than to the extent necessary to view the material for your personal, non-commercial use or as permitted by law.
    
7. Some of the matters discussed on this website include forward-looking statements. Statements that are predictive in nature, that depend upon or refer to future events or conditions or that include words such as "expects," "anticipates", "intends", "plans", "believes", "estimates", and similar expressions are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause our actual results and performance to be materially different from any future results or performance expressed or implied by these forward-looking statements. Although we believe that the expectations reflected in the forward-looking statements are based upon reasonable assumptions, we can not guarantee future results or performance. The Company does not have a policy of updating or revising forward-looking statements, and thus it should not be assumed that our silence over time means that actual events are occurring as expressed or implied in such forward-looking statements.
    
8. Due to the nature of the Internet, the Company cannot guarantee or warrant that the functions on the Site will be uninterrupted or error free or that the Site or the server that makes it available is free of any virus or other harmful elements. You must take your own precautions to ensure that the process which you employ for accessing the Site (or any linked website) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. We are not responsible for any injury or damage to any computer equipment resulting from use of the Site.
    
9. We reserve the right to amend these Terms and Conditions of Use and our Privacy Policy at any time. Amendments will be effective immediately upon updating the Site. You are bound by such revisions and should therefore periodically visit this page to review the current General Terms and Conditions of Use to which you are bound. Your continued use of the Site following such amendment will represent an agreement by you to be bound by the Terms and/or Policy as amended.
    
10. The Site and its use are governed exclusively by the laws of New Zealand without regard to any conflicts of law principles. You expressly agree that exclusive jurisdiction for any dispute with the Company or its officers, directors, shareholders, employees, agents, representatives, information providers or licensors, or in any way relating to your use of the Site, resides in New Zealand. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New Zealand in connection with any such dispute.
     
11. This Agreement, together with our Privacy Policy, and any notices posted on the Site, all of which are incorporated herein by this reference, contains the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement shall continue in full force and effect unless such deletion materially frustrates the parties’ intent, in which case this Agreement will terminate.

These General Terms and Conditions of Use were last updated by Fisher & Paykel Healthcare Limited on 22 June 2012.