Terms of Service

Welcome to the Fresenius Medical Care Australia Pty Ltd. (“FMEANZ”) website located at freseniusmedicalcare.com.au (the “Site”). Please read these Terms of Use (the “Terms”) and our Privacy Policy (the “Privacy Policy”) carefully because they govern your use of our Site and our product information services accessible via our Site. To make these Terms easier to read, the Site, our services are collectively called the “Services.”

1. Agreement to Terms

By accessing or using the Services, you agree to be bound by these Terms and by the Privacy Policy. If you do not agree to these Terms and the Privacy Policy, do not use the Services. 

2. Who May Use the Services

You may use the Services only if you are (i) a healthcare professional and (ii) 16 years or older and capable of forming a binding contract with FMEAP and are not barred from using the Services under applicable law.

3. Changes to the Terms or the Services

FMEAP may modify the Terms at any time, in its sole discretion. If FMEAP does so, FMEAP will inform you either by posting the modified Terms on the Services or through other communications. It is important that you review the Terms whenever FMEAP modifies them because if you continue to use the Services after FMEAP has posted modified Terms on the Site, you are indicating that you agree to be bound by the modified Terms. If you do not agree to be bound by the modified Terms, then you may not use the Services anymore. FMEAP may change or stop the operation of the Services at any time without giving any reasons.

4. Content and Content Rights

“Content” means text (including product information), graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Services. You acknowledge that all Content provided via the Services is for informational purposes only, and FMEAP makes no warranty, and disclaims all liability regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability of any Content.

5. General Prohibitions and FMEAP’s Enforcement Rights

You agree to not do any of the following:

• Use, display, mirror or frame the Services or any individual element within the Services, FMEAP’s name, any FMEAP trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without FMEAP’s express written consent; 
• Access, tamper with, or use non-public areas of the Services, FMEAP’s computer systems, or the technical delivery systems of FMEAP’s providers; 
• Attempt to probe, scan or test the vulnerability of any FMEAP system or network or breach any security or authentication measures; 
• Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by FMEAP or any of FMEAP’s providers or any other third party (including another user) to protect the Services or Content; 
• Attempt to access or search the Services or Content or download Content from the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by FMEAP or other generally available third-party web browsers; 
• Use the Services or Content, or any portion thereof, for any commercial purpose or for the benefit of any third party or in any manner not permitted by these Terms; 
• Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services or Content to send altered, deceptive or false source-identifying information; 
• Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services or Content; 
• Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services; 
• Collect or store any personally identifiable information from the Services from other users of the Services without their express permission; 
• Impersonate or misrepresent your affiliation with any person or entity; 
• Violate any applicable law or regulation; or
• Encourage or enable any other individual to do any of the foregoing.

We have the right to investigate violations of these Terms or conduct that affects the Services. We may also consult and cooperate with law enforcement authorities to prosecute users who violate the law.

6. Termination

FMEAP may terminate your access to and use of the Services, at its sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of your access to the Services, all provisions of these Terms which by their nature should survive will survive, including, without limitation, Content provisions, warranty disclaimers, limitations of liability, and dispute resolution provisions.

7. Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. FMEAP makes no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. 

8. Indemnity

You will indemnify and hold harmless FMEAP and its officers, directors, employee and agents, from and against any claims, disputes, demands, liabilities, damages, losses, and costs and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with (i) your access to or use of the Services or Content, or (ii) your violation of these Terms and/or the Privacy Policy.

9. Limitation of Liability

NEITHER FMEAP NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FMEAP HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IN NO EVENT WILL FMEAP’S TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED ONE HUNDRED HONG KONG DOLLARS (HK$100).

THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN FMEAP AND YOU.

10. Dispute Resolution

These Terms and any action related thereto will be governed by the laws of Hong Kong without regard to provisions of conflict of laws. You agree that all disputes related to the Terms or your use of the Services will be resolved exclusively in the courts of law of Hong Kong.

11. General Terms

These Terms constitute the entire and exclusive understanding and agreement between FMEAP and you regarding the Services and Content, and these Terms supersede and replace any and all prior oral or written understandings or agreements between FMEAP and you regarding the Services and Content. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise. Any attempt by you to assign or transfer these Terms, without such consent, will be null. FMEAP may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Any notices or other communications provided by FMEAP under these Terms, including those regarding modifications to these Terms, will be given: (i) via email; or (ii) by posting to the Services. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
FMEAP’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of FMEAP. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.
Fresenius Medical Care Australia Pty Ltd © 2021