1. Definitions and Interpretation
"Intellectual Property" includes the design of, and all content appearing on this Site, trade marks (including logos), domain names, copyright, rights in computer software, databases and lists, confidential information, know-how and trade secrets and manuals, whether registered or unregistered.
"Organisation" means an organisation on behalf of whom access, or use, of this Site is made.
- "you" means:
- any person who accesses and uses this Site; and
- where an individual accesses or uses this Site for or on behalf of an Organisation, the Organisation on whose behalf such access or use is made.
- References to "your" have a corresponding meaning.
Where the context permits, references to a "person" include an individual, firm, company, corporation or unincorporated body of persons, any public, federal, state, territorial or regional authority, any government, and any agency of any government or of any such authority.
The content on this Site has been prepared for the use and information of residents in New Zealand and accordingly this site and its contents are designed to comply with New Zealand law.
While this Site may make reference to medical conditions and their treatment it is not intended to provide specific medical diagnosis or treatment advice. You should seek appropriate medical advice from your healthcare professional in respect of any particular medical condition you wish to treat.
While all reasonable efforts are made to include accurate and up-to-date information in the Site, Mylan New Zealand has no liability or responsibility for any errors or omissions in the content of the Site.
No part of this Site may be:
- distributed or copied for any commercial purpose, nor incorporated in any other work or publication (whether in hard copy, electronic or any other form); or
- resold, published, copied, reproduced, transmitted or stored (including in any other website or other electronic form) except that you may print, or download to your hard drive, extracts from the Site only for informational and non-commercial purposes use, without the express prior written permission of Mylan New Zealand. Mylan New Zealand does not warrant nor represent that your use of materials displayed on the Site will not infringe the rights of third parties not owned or affiliated with us. Any reproduction must include a prominent acknowledgement of the rights of Mylan New Zealand in the relevant content.
You agree to use this Site only for the purpose for which it is being provided. You agree not to use this Site for any improper, injurious, offensive or unlawful purposes. You agree not to damage or disrupt this Site.
You are responsible for making your own assessment of the suitability of this Site and the information available from this Site, for achieving your purposes.
You are responsible for any actions you take based on information obtained through this Site, and all outcomes resulting from your use of that information.
You agree that you will at all times comply fully with all relevant laws, ordinances, rules, regulations and orders or decisions of all relevant regulatory bodies in relation to use of the Site or any of the information made available to you through this Site. You may not:
- use the Site for any illegal activity, or for any activity that would cause us to breach any law;
- do any act that would breach a person's privacy or disclose private, confidential or secure information;
- use the Site to defame Mylan New Zealand, Mylan New Zealand's employees or other individuals;
- upload files that contain viruses that may cause damage to our property or the property of other individuals;
- post or transmit to this Site any non-authorised material including, but not limited to, material that is, in our opinion, likely to cause annoyance, or which is defamatory, racist, abusive, obscene, threatening, pornographic, infringes a person's intellectual property rights, is unlawful, is fraudulent, deceptive, or misleading, constitutes spamming or 'trolling' or contains commercial sales messages, or otherwise or which is detrimental to or in violation of our systems or a third party's systems or network security.
If you upload or post any material or content that is created or sourced by you to the Site (“User Content”):
- you warrant that the User Content:
- does not violate any law; and
- is your original work and/or that you own or have the necessary intellectual property rights in and to the User Content, and that the User Content does not infringe on any copyright, trade mark or other intellectual property rights of any other person or organisation;
- you waive your moral rights in relation to the User Content and you will not assert such rights against Mylan New Zealand;
- if the User Content incorporates personal information, you confirm that the individual concerned has consented to the use or display of the personal information by Mylan New Zealand on the Site;
- Mylan New Zealand may, with or without any notice to you, at its sole discretion and for any reason modify or remove the User Content from the Site; and
- you grant Mylan New Zealand a non-exclusive, perpetual, worldwide, irrevocable, royalty free, transferrable right to use, modify, edit and display the User Content, including copyright in the User Content, in any media known now or in the future.
If the Site permits you to post User Content, this does not mean that Mylan New Zealand authorises or endorses any User Content you may post to the Site. Mylan New Zealand reserves the right to take down any User Content at our sole discretion and without notice.
7. Mylan New Zealand’s Responsibilities
Mylan New Zealand will use its best efforts to ensure that the Site is faultless, immediate, continuous and virus-free at all times and will also endeavour to ensure the Site is available at all times other than during periods of maintenance. However, Mylan New Zealand does not warrant that the Site and/or your use of the Site will be faultless, immediate, continuous and virus-free, or that information provided by Mylan New Zealand through the Site will be complete, accurate or up-to-date.
Mylan New Zealand reserves the right to alter, suspend or terminate this Site temporarily or permanently at any time.
Internet transmissions are never entirely secure or private and any information you provide through this Site may be read or intercepted by others. Mylan New Zealand will not have any liability for the interception, 'hacking' or other unauthorised access of information through this Site.
The information provided on this Site is for general guidance only. Users of the information contained on this Site must make their own assessment and seek medical and professional advice of the suitability and appropriateness of any products featured on and the information contained on this Site for their particular use.
9. All Liability Excluded
Your use of this Site is entirely at your risk. To the fullest extent permitted by law:
Mylan New Zealand will not be liable for any loss, damage, cost or expense of any kind, whether direct, indirect, incidental, consequential, punitive or otherwise, suffered or incurred by you in connection with your access to, or use of this Site or the content on or accessed through it, or as a result of the inaccessibility of this Site and/or the fact that certain information or materials contained on it are incorrect, incomplete or not up-to-date;
Mylan New Zealand will not be liable for any loss or damage caused by spyware, viruses, worms, trojan horses or other items of a destructive nature that may be transmitted to your computer by use of the Site. Mylan New Zealand expressly excludes any warranties as to the security of the Site.
All warranties, representations and guarantees, (whether expressed, implied, or statutory) are excluded, including but not limited the implied warranties of merchantability, fitness for a particular purpose or non-infringement of Intellectual Property and Mylan New Zealand makes no warranties or representations that the Site or its contents are complete, accurate or up-to-date, or that access will be uninterrupted or error-free or free from viruses.
If the New Zealand Consumer Guarantees Act 1993 applies, you may have rights or remedies which are not excluded or limited by the above. If you are using this Site or its content for business purposes, the above exclusions and limits will apply and the New Zealand Consumer Guarantees Act 1993 will not apply. If you are only using this Site or its content for business purposes, Mylan New Zealand's liability is limited to the re-supply of services acquired for this purpose.
Mylan New Zealand reserves the right to restrict, suspend or terminate without notice your access to this Site, any content, or any feature of this Site at any time without notice and Mylan New Zealand will not be responsible for any loss, cost, damage or liability that may arise as a result.
11. Confidentiality and Statements
Any communication or material transmitted to the Site by electronic mail or otherwise will be treated as non-confidential and non-proprietary. Anything you transmit, including ideas, suggestions, information or other material becomes the property of Mylan New Zealand and may be used reproduced, published, modified, adapted and transmitted without restriction.
Any forward looking statements, including statements about future performance and solutions may rely on a number of assumptions concerning future events and be subject to a number of uncertainties and other factors, which may be outside the control of Mylan New Zealand that could cause actual results to differ materially from such statements.
This Site contains links to third party websites. These websites have not been prepared by and are not controlled by us. They are provided for your convenience only, and do not imply that we check, endorse, approve or agree with any third party website that this Site links to. Mylan New Zealand is not responsible in any way for any information, content, or material that is available on such third party websites.
You may not link your website to this Site without our consent. If you wish to link to any part of this Site please email your request to email@example.com. Mylan New Zealand reserves the right to prohibit links to this Site and you agree to remove or cease any link upon request from Mylan New Zealand. You may not frame any part of the material on this Site by including advertising or other revenue generating material.
Where you provide personal information to obtain any information or to participate in any promotion or competition through this Site, that personal information must be correct, complete and up-to-date. If you are providing personal information relating to any person other than yourself, you warrant that you are authorised to provide that information.
When you visit the Site, except for information collected by Mylan New Zealand’s internet service provider (ISP), Mylan New Zealand will not collect personal information about you unless you choose to provide it. If you decide not to provide us with your personal information that we may request, you may be unable to access or receive certain information and/or services through the Site and we may not be able to provide certain products and/or services to you.
When you visit the Site or download information from it, Mylan New Zealand’s ISP makes a record of your visit and records your internet address, your domain name (if applicable), the date and time of your visit to the Site, the pages you accessed and documents downloaded, the previous websites you have visited, and the type of browser you are using. This information is only used for statistical and website development purposes.
Mylan New Zealand may use non-personalised statistics about the use of this Site to continually improve it and improve customer service. These statistics do not comprise personal information.
Last Updated: 22/03/2017