Website terms of use
1. Acceptance of Terms
1.1 The website located at www.quickresponsehealth.com (hereafter, the "Website") is owned and operated by The Hydration Pharmaceuticals Trust ABN 50 474 668 268 and its related entities (together, “HPT Group”).
1.2 These terms of use ("Terms") govern your use of the Website, and use of the Website by you will indicate your acknowledgement and acceptance of these Terms. In the event that you do not agree to the Terms, you must not use the Website.
1.3 HPT Group reserves the right to change the Website and these Terms from time to time without notice to you, and your continued use of the Website indicates your continued acceptance of the Terms as modified.
2. Intellectual Property Rights
2.1 Except where otherwise indicated, HPT Group is the sole owner or licensee of all intellectual property comprised in the Website (including all intellectual property comprised in the Website content), and nothing in these Terms constitutes a transfer of any intellectual property rights in or related to the Website and/or Website content.
2.2 You acknowledge and agree that the Website and the content contained therein are protected by copyright, trade marks, service marks, patents, design registrations, and other proprietary rights and laws, and you agree to comply with and maintain all copyright notices and other restrictions on content accessed on or via the Website.
2.3 Reproduction of part or all of the Website or its contents in any form is prohibited unless for personal, non-commercial use.
3. User content
3.1 Where the Website provides you with the ability to upload content to the Website (such content which may include text, written forum comments, data, images, audio files, audio-visual files or software) (collectively, “User Content”), you:
(a) grant HPT Group a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and licence to use the User Content in any way (including, without limitation, by reproducing, changing, and communicating the User Content to the public) and permit HPT Group to authorise any other person to do the same thing;
(b) consent to any act or omission by HPT Group which would otherwise constitute an infringement of your moral rights under the Copyright Act 1968 (Cth) (“Copyright Act”) in relation to the User Content; and
(c) acknowledge and agree that HPT Group may delete, modify, or otherwise exploit in any manner contemplated by the Copyright Act any User Content submitted to or via the Website by you.
3.2 In each instance when you upload User Content to or via the Website, you:
(a) represent and warrant (and can demonstrate if requested) to HPT Group that you have all right, title, interest and authority in the User Content which is necessary to grant the licences and consents set out in clauses 3.1(a) and 3.1(b);
(b) represent and warrant (and can demonstrate if requested) to HPT Group that you have the permission to use the name and likeness of each person whose image appears in any User Content in the manner contemplated by these Terms;
(c) represent and warrant to HPT Group that the use or exploitation of User Content by HPT Group and/or any other user of the Website will not infringe the rights of any third party (such rights which may include, but are not limited to, intellectual property rights and privacy rights); and
(d) agree and undertake to HPT Group to pay all amounts which become owing to any person (whether by way of royalty or otherwise) as a result of or in connection with your submission of the User Content to or via the Website.
3.3 The:
(a) licence granted under clause 3.1; and
(b) warranties and undertakings provided under clause 3.2,
survive the termination of these Terms.
4. User conduct
4.1 You must not add any User Content to the Website:
(a) unless you hold all necessary rights, licences and consents to do so;
(b) that would cause you or HPT Group to breach any law, regulation, rule, code or other legal obligation;
(c) that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, profane, in breach of confidence, in breach of privacy or harassing;
(d) that would bring HPT Group and/or the Website into disrepute;
(e) that infringes the rights of any person;
(f) that you know (or ought reasonably suspect) is false, misleading, untruthful or inaccurate;
(g) that contains unsolicited or unauthorised advertising (including junk mail or spam);
(h) that contains computer or software viruses, files, programs or the like that are designed to:
(i) disrupt, damage, or otherwise interfere with the ordinary functionality of any software, hardware or telecommunications; or
(ii) obtain unauthorised access to any system, information, security device belonging to HPT Group or any third party.
4.2 In using the Website, you must:
(a) not take any action that is likely to impose upon the Website or the infrastructure of HPT Group (or its third party service providers) a disproportionately large load;
(b) not interfere with the proper working of the Website or any activities conducted via the Website;
(c) not use any automated or manual software or process to “crawl”, “spider” or engage in similar conduct in relation to the Website;
(d) not reverse engineer or otherwise seek to obtain any source code forming part of the Website (except to the extent that such restriction may be prohibited by law); and
(e) abide by all laws (whether local, state, national or international) which apply in connection with your use of the Website.
5. Third party sites
5.1 The Website may contain links to other websites and/or content added by people other than HPT Group. HPT Group does not endorse, sponsor or approve any such user-generated content or any content available on any linked website.
5.2 You acknowledge and agree that when you access a third party website available via a link contained on the Website:
(a) you do so at your own risk; and
(b) HPT Group is not liable for the content, accuracy, lawfulness, appropriateness, or any other aspect of that third party website;
(c) you acknowledge and agree that HPT Group will not be liable for any loss or damage suffered by you or any other person as a result of or in connection with your access and/or use of any third party website available via a link on the Website.
6. Disclaimer
6.1 The content contained on the Website (including all information provided in relation to HPT Group’s products) is not intended as medical advice, and you should consult your healthcare professional before making healthcare decisions. You should ensure that any use by you of a HPT Group product is consistent with the directions on the label of that product.
6.2 The information contained in this Website contains opinions and indicators only which are not intended to be relied upon to make business decisions.
6.3 Whilst HPT Group will endeavour to maintain its online services, HPT Group does not guarantee that the Website will always be accessible to you, nor does it guarantee that services provided by this Website will not be interrupted. Furthermore, whilst HPT Group operates strict internal procedures to preserve the integrity of the Website, HPT Group does not warrant or represent that any information that you may download or copy from or via the Website will be error or virus free.
7. Warranties and indemnities
7.1 To the full extent permitted by law, HPT Group excludes all representations, warranties or terms (whether express or implied) other than those expressly set out in these Terms.
7.2 To the full extent permitted by law, you release, indemnify and hold HPT Group harmless from and against liability for all loss or damage suffered or incurred by you in the course of or as a result of using the Website (including any consequential or incidental damages), including loss or damage suffered in connection with:
(a) any decisions (including medical decisions) that you may make on the basis of information or material contained on the Website; and
(b) your use of the Website or any third party website which has been accessed via the Website (including damage suffered as a result of software or other viruses to which you may have been exposed in the course of using the Website).
7.3 In the event that HPT Group terminates the Website and/or your access to the Website pursuant to paragraph 9, you release HPT Group from all liability for any loss or damage suffered by you as result of or arising out of such termination.
7.4 Each of you and HPT Group agree that these Terms are to be read subject to any legislation which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations, save that if such legislation applies, you agree that HPT Group’s liability in respect of any claim is limited to (at HPT Group’s option):
(a) in the case of goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the payment of the cost of replacing the goods or of acquiring equivalent goods; and
(b) in the case of services:
(i) the supply of the services again; or
(ii) the payment of the cost of having the services supplied again.
8. Product purchases
8.1 All prices specified on the Website are in Australian dollars and all payments will be processed in Australian dollars. Any variations in price as a consequence of currency fluctuations will be payable by the customer.
8.2 By placing an order for the purchase of a product through the Website you, as the customer, agree to be liable for the payment of the purchase price of that product, together with all other charges contained in this clause 8.
8.3 In the event that you purchase a product through the Website, payment for that product, together with the payment of all other charges contained in this clause 8, will be due at the time at which you order the product.
8.4 Unless otherwise specified by HPT Group, all product prices quoted on the Website exclude:
(a) any statutory tax, including any goods and services tax, duty or impost levied in respect of the product;
(b) all costs and charges incurred by HPT Group in relation to the insurance, packing, transport and delivery of the product,
all of which are payable by you at the time of order in addition to the product price.
8.5 HPT Group reserves the right to correct errors or update information on the Website at any time without notice, including information relating to product prices and availability.
8.6 Any times quoted for delivery and/or supply are estimates only. HPT Group will not be liable for any delay in delivery and/or supply, and you will not be relieved of any obligation to accept of pay for a product ordered through the Website by reason of any delay in delivery or supply.
8.7 HPT Group may, in its absolute discretion, refuse to supply any order made via the Website by any customer for products, in which event any amount paid by the customer to HPT Group via the Website will be refunded within 30 days.
8.8 HPT Group’s products are produced subject to stringent quality control procedures, in accordance with HPT Group’s statutory and common law obligations as a provider of pharmaceutical products. Due to the need for HPT Group to ensure that all of its products comply with relevant quality control requirements, HPT Group will not provide a refund of any HPT Group products purchased via the Website (except where required to do so under applicable consumer laws, in which case clause 7.4 will apply).
9. Termination
9.1 These Terms terminate automatically if HPT Group ceases to operate the Website for any reason.
9.2 You acknowledge and agree that:
(a) HPT Group retains complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in its sole discretion; and
(b) the Website may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
9.3 HPT Group may terminate your access to the Website at any time without giving any explanation.
9.4 HPT Group may terminate these Terms immediately by notice to you in writing if you breach these Terms in any way.
9.5 Termination of these Terms and/or your access to the Website does not release you from any of your obligations and liabilities that may have arisen or been incurred prior to the date of such termination, including any liability to make a payment due under clause 8 in respect of a product ordered by you via the Website.
10. General
10.1 You must not assign, sublicense or otherwise deal in any other way with any of your rights under these Terms.
10.2 If a provision of these Terms is invalid or unenforceable it is to be read down or severed to the extent necessary without affecting the validity or enforceability of the remaining provisions.
10.3 These Terms, together with any transactions processed via the Website, are governed by the laws of Victoria, Australia and each party submits to the jurisdiction of the courts of that State and all courts of appeal therefrom.