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Terms and Conditions

Free Call: 1800 653 317

These terms and conditions apply to the use of this website at Ostomates.com.au (“Website”). In using this Website, the Website visitor (“you”) agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the Website.

This Website is intended and available for users located in Australia and New Zealand only.

The owner and operator of this website is Coloplast Pty Ltd ACN 054 949 692 (“Coloplast”, “we”).

We reserve the right to revise these Terms & Conditions at any time; therefore, you should visit this page periodically to review the Terms & Conditions. Amendments will be effective immediately upon notification on this Website. Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Disclaimer

The Website is for general informational purposes only, is provided free of charge and does not constitute, nor is it intended to be a substitute for personalised professional medical advice. You should seek independent advice from an appropriately qualified health professional for diagnosis and/or treatment information.

We disclaim all representations or warranties of any kind with respect to the website and its contents. Further, the opinions expressed at the Website do not necessarily reflect our opinions.

We do not accept responsibility for any loss or damage, however caused (including through negligence) which you may directly or indirectly suffer in connection with your use of the Website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this Website.

To the extent permitted by law, any condition or warranty which would otherwise be implied into these Terms and Conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following (a) if the breach relates to goods, the replacement of the goods or the supply of equivalent goods, the repair of such goods, the payment of the cost of replacing the goods or of acquiring equivalent goods, or the payment of the cost of having the goods repaired and (b) if the breach relates to services, the supplying of the services again or the payment of the cost of having the services supplied again.

Warnings

You must ensure that your access to this Website is not illegal or prohibited by laws or policies (such as employers’ usage policies) that apply to you.

You must take your own precautions to ensure that the process which you employ for accessing this Website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your computer system. We do not accept any responsibility or liability for any interference or damage to your own computer which arises in connection with your use of this Website or any linked web site.

Use of Website Material

The contents of this Website, including text, graphics, images, logos, icons, photographs, audiovisual material and other content (“Website Material”) are protected by copyright under Australian, New Zealand and foreign laws. Copyright in that material is owned by or licensed to Coloplast (in accordance with these Terms and Conditions).

You may access, print and view the Site Material for the purpose of your personal use of this Website. Other than for the purposes of your personal use of this Website, and subject to the conditions prescribed under the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means without our written permission:

  • adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any Website Material; or
  • commercialise or on-sell any information, products or services obtained from any part of this Website;

Trade marks

All trade marks referred to on this Website are, unless otherwise expressed or implied, owned by or licensed to Coloplast or a Coloplast affiliate.

If you use any of Coloplast’s trade marks in reference to Coloplast’s activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of Coloplast’s trade marks:

  • in or as the whole or part of your own trade marks;
  • in connection with activities, products or services which are not Coloplast’s;
  • in a manner which may be confusing, misleading or deceptive; or
  • in a manner that disparages Coloplast or its products or services, or the Website.

Links

You must not insert any links to third party websites without the prior written approval of Coloplast.

This Website may contain links to other websites. Those links are provided for convenience only and may not remain current or be maintained. We are not responsible for the content or privacy practices associated with linked websites.

Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any materials, products or services referred to or contained on those linked websites, unless and to the extent stipulated to the contrary.

You must not insert a link to the Website from any third party if in doing so you indicate any endorsement, sponsorship or approval from us.

User Submissions

This website includes community areas, such as forums and blog comments, where members may post messages, images, and other content (collectively known as “member areas”). We make no claim to ownership of the copyright in the messages, images, and other content you post in the member areas, but by posting such content you grant us the right to use, copy, display, perform, distribute, translate, edit and create derivative works of your content, subject to the terms of the Privacy Policy. You agree that we may do so without attribution of authorship, with or without any other materials.

In submitting content to member areas, you warrant that you have the right to post that material and that in doing so you will not be in breach of any third party’s intellectual property rights. You agree to indemnify us in the event of any breach of this provision.

While some posts or comments in member areas are monitored periodically for topicality, Coloplast does not pre-screen postings and shall not be responsible or liable in respect of such content. We encourage you to notify us of inappropriate or illegal content and we reserve the right to remove postings for any reason.

You agree not to disclose to any person or entity, personally identifiable information about other members that you learn using this website (whether posted in a member area or e-mailed to you by a member) without the express written consent of such member.

Comment Policy

The Website and its various community areas (which includes the Forum, Comment and Messaging functions) are free services that Coloplast provides. While messages sent between users will be private, the Forum and Blog Comments shall be visible to all users. These areas may be monitored periodically, however we accept no responsibility in that regard. Blog comments and Forum posts will occur in real time unless otherwise stated (on occasion, some topics may be subject to moderation, which may cause small delays in posts going live).

We do not endorse, and specifically disclaim any responsibility or liability for, any content submitted to the member areas of the Website, including where the content relates to a discussion topic proposed by us.

We reserve the right to monitor content in the member areas and to remove content that, in our sole discretion, we determine to be harmful, offensive, unlawful or otherwise in violation of these Terms & Conditions.

We do not guarantee that we will display or continue to display every message or other content that you or any other users submit to the member areas. Also, we reserve the right to edit or abridge content for any reason and to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in our sole discretion.

As noted in the Privacy Policy, Coloplast shall be responsible for the collection of personal information in relation to individual users and will not except in exceptional circumstances pass the same on to Coloplast.

Rules of Conduct

You must abide by the following rules when accessing or using the Website, including the Forum and Comment functions:

1.You agree not to use the Website for any unlawful purpose and not to violate any applicable local, state, national or international law.
2.You agree not to defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
3.You agree not to submit any information about any person by which they may be personally identified without their prior consent or compromises another person’s privacy or breaches confidentiality.
4.You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
5.You agree not to submit content that contains material that is inappropriate, tasteless, unlawful, threatening, abusive, hateful, profane, defamatory, obscene, pornographic, racially vilifying, deliberately provocative or indecent.
6.You agree not to submit content that is of nuisance value, inappropriate, off topic or vexatious.
7.You agree not to violate the property rights of others, and you agree not to post any content that infringes any patent, trade mark, trade secret, copyright or other proprietary rights of any party.
8.You agree not to upload files, or cause users to upload files, that contain viruses, worms, “Trojan horses”, corrupted files, or any similar software or programs that may adversely affect the operation of another’s computer.
9.You agree not to advertise any goods or services. “Junk mail”, “spamming,” “chain letters,” “pyramid schemes” and similar activities are strictly prohibited.
10.You agree not to solicit anyone to buy or sell products or services, or to make donations of any kind, without our express written approval.

Security of Information and data and system integrity

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst Coloplast strives to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit is at your own risk. Nevertheless, once we receive your transmission Coloplast will take reasonable steps to preserve the security of such information.

We do not represent or warrant that the Website or any content will be available uninterrupted or error free or that any defects in the Website will be corrected.

Termination of access

Access to this Website may be terminated at any time by us without notice. To the extent possible these Terms and Conditions survive such termination.

Governing law

These Terms and Conditions are governed by the law in force in the State of Victoria, Australia.

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