Wyeth Australia Pty Limited [ACN 000 296 211] ("Wyeth")
has developed and maintains this site (the ";Site")
for your personal entertainment, information, education
and communication. The Site may, from time to time,
contain information relating to various pharmaceutical
products, medical conditions and their treatment.
Should you have a medical condition, you are advised
to promptly see your physician or other medical
professional. The Site is designed to comply with
Australian laws and regulations. Although accessible
by others, its contents are intended for use and
access by Australian residents and Wyeth makes no
representations that information on this Site are
available or appropriate for use in other countries.
Product names, descriptions and uses are of Australian
origin and may not be available in other countries
or may be available under a different name, in different
strengths or for different uses. Through your access
to and use of the site, you accept, without limitation
or qualification, the terms and conditions ("Terms
& Conditions") set forth.
Please read these Terms & Conditions carefully
before accessing or using the Site. By accessing
or using the Site, you acknowledge that you have
read, understood and agreed to be bound by the
Terms & Conditions set forth below, just as
if you had signed them. If you are not willing
to be bound by these Terms & Conditions, you
may not access the Site.
Wyeth may modify these Terms & Conditions
at any time, and such modifications shall be deemed
effective immediately upon posting on the Site.
Any continued use of the Site shall be deemed
conclusive of your acceptance of the modified
Terms & Conditions.
1. Use of Site.
You may freely browse the Site and may freely
download material therefrom. Any and all downloaded
materials may only be used by you for personal,
non-commercial use. You may not distribute, modify,
transmit, reuse, repost or use any of such materials
for public or commercial purposes, without the
express written permission of Wyeth. All copyright
and other proprietary notices contained in downloaded
materials must be preserved and retained. All
contents of the Site are copyrighted work of Wyeth
and/or any of Wyeth's suppliers or affiliates
unless otherwise noted, and may not be used without
the express written permission of Wyeth or except
as provided herein.
Images of people or places displayed on the Site
are either the property of, or used with permission
by, Wyeth. The use of these images by you is strictly
prohibited. Unauthorized use of the images may
violate copyright, trademark, privacy and/or publicity
laws as well as communications regulations and
statutes.
2. Limitations on Access.
Except as otherwise expressly permitted by Wyeth,
any access or attempt to access other areas of
the Wyeth computer system or other information
contained on the system for any purpose is strictly
prohibited. You agree that you will not use any
robot, spider, other automatic or manual process
or device to "screen scrape", monitor
"mine", or copy Web pages on the Site
or the content contained therein without Wyeth's
express written permission. You will not spam
any other user of the Site for any reason. You
agree that you will not use any devices, software
or routine to interfere or attempt to interfere
with the proper working of the Site. You agree
that you will not take any action that imposes
an unreasonable or disproportionately large load
on Wyeth's infrastructure. You may not use
framing techniques to enclose any Wyeth trademark,
logo, trade name or other proprietary information,
including images, frames, content, or layout/design
found on any page of the Site without Wyeth's
express written consent.
3. Forward Looking Statements.
This Site may contain forward looking statements
that are subject to risks and uncertainties that
might cause actual results to differ from those
foreseen.
4. Timeliness of Information.
Wyeth uses reasonable efforts to include accurate
and up to date information in the Site, however,
since information changes so quickly, Wyeth is
unable to make any warranties or representations
as to its accuracy. WYETH FURTHER ASSUMES NO LIABILITY
OR RESPONSIBILITY AS TO THE RELIABILITY, ACCURACY,
VALIDITY, TIMELINESS, USEFULNESS OR COMPLETENESS
OF ANY INFORMATION ON THE SITE.
5. Privacy Policy.
Wyeth respects the privacy of its users and has
created a Privacy Policy that explains users'
rights and responsibilities with respect to personal
information disclosed on the Site. To read our
Privacy Policy, please click here.
6. Liability. Your
use of the Site is at your own risk. In no event
shall Wyeth or any other party involved in creating,
producing or delivering the Site be liable for
any damages (including, without limitation, direct,
incidental, consequential, indirect or punitive
damages, or damages resulting from lost profits,
lost data or business interruption) arising out
of your access to, use of or inability to access
or use, the Site. This includes damages to or
viruses that may infect your computer equipment.
Wyeth does not guarantee or warrant that files
available for download from this Site will be
free of infection from viruses, worms, Trojan
horses or other code that manifests contaminating
or destructive properties. Without limiting the
foregoing, everything on the Site is provided
to you "AS IS" without warranties of
any kind, either express or implied, including,
but not limited to warranties of merchantability,
fitness for a particular purpose or non-infringement.
Please note that some jurisdictions may not allow
the exclusion of implied warranties, so some of
the above exclusions may not apply to you. Check
your local laws for any restrictions or limitations
regarding the exclusion of implied warranties.
7. Indemnification.
You agree to indemnify, defend and hold harmless
Wyeth, its officers, directors, employees, agents,
suppliers and third party partners from and against
all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any
violation by you of these Terms & Conditions,
or any activity related to your account (including
negligent or wrongful conduct) by you or any other
person accessing the Site using your account.
8. Confidentiality.
Subject to the terms and conditions set forth
in our Privacy Policy, any communication or material
that you transmit to, or post on, the Site by
electronic mail or otherwise, including but not
limited to, any data, questions, comments, suggestions
or the like is, and will be treated as, non-confidential
and non-proprietary information. Wyeth, or any
of its affiliates, may use such communication
or material for any purpose whatsoever, including,
but not limited to, reproduction, disclosure,
transmission, publication, broadcast and further
posting. Further Wyeth, and its affiliates, are
free to use any ideas, concepts, know-how or techniques
contained in any communication or material you
send to the Site for any purpose whatsoever including,
but not limited to, developing, manufacturing
and marketing products.
9. Trade Marks.
The trade marks, logos and service marks (collectively,
the "Trade Marks") displayed on the
Site are registered and unregistered trademarks
of Wyeth and others. In addition, all page headers,
custom graphics, button icons and scripts are
service marks, trade marks and or trade dress
of Wyeth and may not be copied, in whole or in
part, without the prior written permission of
Wyeth. You acknowledge that the Trade Marks used
and displayed on this site are and shall remain
the sole property of Wyeth or the Trade Mark owner.
Nothing contained in this Site should be construed
as granting, by implication, estoppel or otherwise,
any license or right in and to the Trade Marks
without the express written permission of Wyeth
or the Trade Mark owner. Your misuse of the Trade
Marks on the Site and in its contents, except
as provided in these Terms and Conditions, is
strictly prohibited. You are advised that Wyeth
will aggressively enforce its intellectual property
rights in the Site and its contents to the fullest
extent of the law, including by seeking criminal
sanctions.
10. Copyrights.
Wyeth grants you the privilege of accessing and
viewing the text, graphics, audio, design, images,
charts and other content (the "Wyeth Content")
on the Site solely for your personal, non-commercial
use. Wyeth may revoke such privilege at any time
with or without notice for any reason or no reason.
Any and all Wyeth Content, software and other
works on the Site and any reproductions of any
of the foregoing (collectively, "Works")
are the copyrighted works of Wyeth and/or its
suppliers, and are protected under Australian
and worldwide copyright laws and treaty provisions.
Other than the limited grant of access to and
viewing of the Wyeth Content set forth above,
Wyeth grants you no other privileges or rights
in any of the Works. You acknowledge that any
other use of the Works, including without limitation,
reproduction, modification, distribution, transmission,
republication, display, or performance, without
the prior written permission of Wyeth, is strictly
prohibited.
11. Online Communications.
Although Wyeth may, from time to time, monitor
or review the discussions, chats, postings, transmissions,
bulletin boards and the like on the Site, Wyeth
is under no obligation to do so and assumes no
responsibility or liability arising from the content
of the Site nor for any error, defamation, libel,
slander, omission, falsehood, obscenity, pornography,
profanity, danger or inaccuracy contained in any
information within the Site. Wyeth assumes no
responsibility for checking information posted
in discussions, chats, transmissions, bulletin
boards or the like on the Site for accuracy.
12. Operating Policy.
You are prohibited from posting or transmitting
any unlawful, threatening, libellous, defamatory,
obscene, inflammatory, pornographic or profane
material or any material that could constitute
or encourage conduct that would be considered
a criminal offence, give rise to civil liability
or would otherwise violate the law. Wyeth will
fully cooperate with any law enforcement authorities
or court order requesting or directing Wyeth to
disclose the identity of anyone posting any such
information or materials.
13. Review of Communications.
Wyeth reserves the right, but is not obligated,
to review communications and materials posted
or uploaded to the Site, and to block or remove
communications or materials that it determines
to be (a) abusive, defamatory, or obscene, (b)
fraudulent, deceptive, or misleading, (c) in violation
of a copyright, trade mark or other intellectual
property right of another, or (d) offensive, objectionable
or otherwise unacceptable to Wyeth at its sole
discretion.
14. Editorial Policy.
Wyeth reserves the right to alter or delete material
from the Site at any time.
15. No Endorsement.
Certain links on the Site lead to resources located
on servers that are not maintained by Wyeth or
under its control. We provide such links merely
for our users' convenience. Wyeth is not
responsible for the content of any such referenced
Web Sites or for the availability of access to
such web sites. Inclusion on the Site of any link
to another web site, or any reference to any product
or service by trade name, trade mark, manufacturer,
or otherwise, does not constitute or imply an
endorsement or recommendation by Wyeth. Access
to other sites linked to this Site is at your
own risk, and we disclaim all liability with regard
to your access to such linked sites.
16. Void Where Prohibited.
Although the information on this Site is accessible
worldwide, not all products or services discussed
in this Site are available to all persons or in
all geographic locations or jurisdictions. Wyeth
reserves the right to limit provision of our products
or services to any person, geographic region or
jurisdiction and/or to limit the quantities of
any products or services we provide. Any offer
for any product or service made in the materials
on this Site is void where prohibited.
17. Miscellaneous.
These Terms & Conditions, together with our
Privacy Policy and any other agreement that may
be entered into by you and Wyeth in connection
with a specific product or service of Wyeth, constitute
the entire agreement between you and Wyeth and
supersede any and all other agreements, representations
and understandings, whether written or oral. These
Terms & Conditions may not be modified or
amended by you without the prior written consent
of Wyeth. Wyeth may modify or amend these Terms
& Conditions and the Privacy Policy at any
time without notice to you. You should regularly
review these Terms & Conditions for any modifications
or amendments to these Terms & Conditions
as your continued use of the Site after a modification
or amendment signifies your assent and agreement
to these Terms & Conditions, as amended. If
any clause or provision set forth in these Terms
& Conditions is determined to be illegal,
invalid or unenforceable under present or future
law, then, you understand and agree that the clause
or provision so determined to be illegal, invalid
or unenforceable shall be severable without affecting
the enforceability of all remaining clauses or
provisions. These Terms & Conditions and your
use of the Site and any products and services
provided by the Site shall be governed by the
laws of Australia without regard to its conflicts
of laws principles. The headings used in these
Terms & Conditions are for convenience only
and such headings are not to be used in determining
the meaning or interpretation of these Terms &
Conditions.
Wyeth Australia Pty Limited 2002
All Rights Reserved
12 June 2002

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