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Terms and Conditions

Introduction

This website and its contents (the Website) are owned and operated by Aspen Australia (Aspen). Aspen Australia comprises Aspen Asia Pacific Pty Ltd (ABN 75 146 444 484) and its subsidiaries, including Aspen Pharmacare Australia Pty Ltd (ABN 51 096 236 985), Aspen Pharma Pty Ltd (ABN 88 004 118 594), Orphan Holdings Pty Ltd (ABN 50 115 816 209), Orphan Australia Pty Ltd (ABN 11 067 189 342), Arrow Pharmaceuticals Pty Ltd (ABN 17 003 144 170) and Aspen Nutritionals Australia Pty Ltd (ABN 3116 060 7509).

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in these Terms of Use, the Privacy Policy (below), the Social Media Policy and elsewhere on the Website (known collectively as the Terms of Use). The Terms of Use govern the use of this Website. Aspen reserves the right to amend these Terms of Use at any time without notice. We therefore encourage you to check the Terms of Use available on the Website regularly.

References to the Website in these Terms of Use also include Aspen’s social media services (including but not limited to our Facebook page(s) and YouTube channel) and their contents from time to time.

Applicable law

The Terms of Use are governed by and are to be construed in accordance with the laws of New South Wales, Australia. You agree to submit to the non-exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms of Use is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms of Use will remain in full force and effect.

Aspen makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Medical and healthcare information

This website may contain general information relating to various medical conditions and their treatment.  The content on the Website is provided for general information and education purposes only and any opinions expressed are not those of, or endorsed by, the medical profession.  It is not intended as medical or healthcare advice or to be a substitute for the advice of a healthcare professional.  Always obtain the advice of a healthcare professional in respect of any medical conditions or concerns before starting a new treatment plan or proceeding on the basis of any information on the Website.  The information contained throughout the Website is intended only for general information purposes in Australia.

Aspen does not and cannot provide medical advice to consumers or patients. Please contact your doctor or healthcare professional if you have any questions about your medical condition or its treatment. For an Aspen prescription product you will find information on that product in the Consumer Medicine Information sheet available on the Aspen Website at the ‘Patient Resources’ tab.

Infant formula

All references to infant milk formula and all information in respect of infant milk formula is subject specifically to this paragraph.  Certain areas of the Website contain information about infant milk formula.  By choosing to access these areas, you accept that any information made available to you is supplied at your individual request and for information purposes only.  Breastfeeding is best for babies, and provides ideal nutrition. Good maternal nutrition is important for preparation and maintenance of breastfeeding.  Introducing partial bottle feeding could negatively affect breastfeeding and reversing a decision not to breastfeed is difficult.  Professional advice should be followed on infant feeding.  Infant formula should be prepared and used as directed.  Unnecessary or improper use of infant formula may present a health hazard.  Social and financial implications should be considered before selecting a method of infant feeding.

Links to third party sites and third party advertisements

Aspen assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Website. Except as Aspen may specifically direct otherwise, Aspen does not authorise the content of those third party websites. The Website may also contain third party content, including but not limited to advertisements, which may appear in iframes that are wholly contained on the Website. This content may contain embedded hyper-links to websites operated by third parties. The placement of any third party content on this Website, in iframes or otherwise, does not necessarily constitute the recommendation or endorsement of Aspen for any goods or services advertised or represented therein. The third party advertiser is solely responsible to you for any representations or offers made by it in such content, and for any goods or services which you agree to purchase from those third parties.

Competitions and promotions

Certain parts of the Website may contain competitions or promotions from Aspen or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Website from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Aspen specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Website without any liability to you.

Material submitted by website users

By submitting material to any of our servers, for example, by e-mail or via the Website, you agree that: (a) the material will not contain any item that is unlawful or otherwise unfit for publication, including material which is offensive and/or derogatory; (b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material; (c) you own the material or have the unlimited right to provide it to Aspen and Aspen may publish the material free of charge and/or incorporate it or any concepts described in it in Aspen’s products or services without accountability or liability; (d) you agree to comply with all applicable laws when using the Website, and not use the Website to send or transmit spam; and (e) you agree not to take action against Aspen in relation to material that you submit.

Disclaimer and liability

While Aspen has sought to ensure that the information contained on and accessed through the Website is correct and current at the time of publication, Aspen, to the extent permitted by law, does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Aspen, its affiliated companies, and their directors, employees, agents and contractors:

(a)   do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Website, your access to the Website or results of your access, or the information, content, materials or products on the Website; and

(b)   do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Aspen, its affiliated companies, or their directors, employees, agents and contractors) will Aspen, its affiliated companies or their directors, employees, agents or contractors accept any liability for any loss or damage, including for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Website, or arising out of or in connection with any goods or services supplied by Aspen.

Aspen assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, computer viruses, bugs, unauthorized intervention, fraud, technical failures, theft or destruction, or unauthorized access to or alteration of any information provided by a Website user.

Unless otherwise indicated, the photos of individuals used on the Website are of models and are used for illustrative purposes only.

Indemnity

You agree to indemnify and keep indemnified Aspen and its affiliated companies (those indemnified) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense reasonably incurred which those indemnified may suffer or incur as a direct or indirect result of the violation of these Terms of Use by you.

Intellectual property and restrictions on use of content

The Website is subject to copyright under Australian law, under international treaties and the laws of many other countries. The Website contains trademarks, intellectual property and copyright protected works which is owned by Aspen, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Website for your own personal use or as otherwise indicated on the Website or these Terms of Use, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Website, or incorporate any part of the Website into another website without Aspen’s prior written consent.

Termination and cancellation

Aspen reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Website, at any time without notice. Without limiting the operation of any other terms and conditions herein, Aspen will not be held liable for loss or damage arising from the exercising of these rights. Any limitations on Aspen’s liability and the indemnity you provide as above will survive such termination.

Privacy Policy

Aspen Australia (Aspen) acknowledges and respects the privacy of individuals. Aspen Australia comprises Aspen Asia Pacific Pty Ltd (ABN 75 146 444 484) and its subsidiaries, including Aspen Pharmacare Australia Pty Ltd (ABN 51 096 236 985), Aspen Pharma Pty Ltd (ABN 88 004 118 594), Orphan Holdings Pty Ltd (ABN 50 115 816 209), Orphan Australia Pty Ltd (ABN 11 067 189 342), Arrow Pharmaceuticals Pty Ltd (ABN 17 003 144 170) and Aspen Nutritionals Australia Pty Ltd (ABN 3116 060 7509). This policy sets out the way in which we will use, manage and protect your personal information.

What information do we collect and hold?

Aspen may collect and hold personal information related to you which is necessary for the purpose of conducting our business, including (without limitation) (i) to deliver products, services or information, (ii) to assist you with matters relating to our products and services, (iii) to improve, and better understand your preferences in respect of, our products and services and (iv) to fulfil our regulatory obligations.  Examples of information we collect and hold include, without limitation, your name, your professional qualifications, address, telephone number, facsimile number and email address.  This information is usually collected directly from you but occasionally, where it is unreasonable or impractical to do so, it may be provided by third party service providers or publicly available sources. You may choose not to provide any personal information to Aspen, however, Aspen may not be able to provide products or services to you.

Aspen will not collect, hold, use or disclose sensitive information (such as information about racial or ethnic origins, political or religious beliefs, gender, date of birth or health information) except with your consent or where required or permitted by law.  We may collect, hold, use or disclose sensitive information such as your or your child’s health information where you have provided it to us in the context of communicating feedback on, or to report an issue or adverse event related to, one of our products.

How do we use and disclose information?

Aspen may use the personal information that you submit to us in connection with the above-stated purposes and for direct marketing purposes, such as sending you offers or information on products, events or services that we consider may be of interest to you. Aspen may also allow that information to be given to third parties for a similar purpose. You can opt out of receiving marketing materials by writing to us at the below address or following any instructions to unsubscribe in one of our marketing emails.

Aspen may disclose personal information (other than sensitive information) to its suppliers, contractors, agents or partners both in Australia and overseas:

  • to meet the purpose for which it was submitted; or
  • for the purpose of processing and delivering your request (e.g. providing products or services); or
  • if we are required or authorised by law to disclose the information; or
  • if your personal information is collected in connection with a joint promoter, to that joint promoter for marketing and research purposes.

Aspen may disclose this information to its affiliated companies both in Australia and overseas, including Aspen’s parent company, Aspen Pharmacare Holdings Limited, in South Africa.

Aspen is subject to mandatory reporting requirements and may disclose sensitive information to regulatory authorities, overseas affiliates of Aspen in Ireland and South Africa and/or third parties managing or requiring oversight of such reporting on Aspen’s behalf and as required by law.

Access, correction and security

Aspen will take reasonable steps to ensure that the personal information we collect is accurate, complete and up-to-date.

You can access and request correction of any personal information concerning you at any time. You may also request that we delete your personal information at any time. Any such requests should be made directly by contacting us (see below for details). Please note that there are some exceptions to your right to gain access to your information, including (but not limited to) where:

  • providing access would have an unreasonable impact upon the privacy of other individuals; or
  • the request for access is frivolous or vexatious; or
  • the information relates to existing or anticipated legal proceedings between you and us, and the information would not be accessible by the process of discovery in those proceedings; or
  • providing access would be unlawful.

Aspen may charge a fee for reasonable costs incurred in providing such access, and will advise of the amount of the fee before access is provided.

Aspen will take reasonable steps to protect personal information from misuse, interference or loss and unauthorised access, modification or disclosure.

Clickstream data

Each time you visit the Website our server collects some anonymous information, known as click-stream data, including the type of browser and system you are using; the address of the site you have come from and move to after your visit; the date and time of your visit; and your server’s IP address.

Aspen may collect this information for statistical purposes to find out how the Website is used and navigated, including the number of hits, the frequency and duration of visits, most popular session times. We may use this information to evaluate and improve our Website performance or to identify individuals whom may threaten the security or integrity of the Website.

Cookies

A Cookie is a piece of information that our web server may send to your machine when you visit our Website. The cookie is stored on your machine, but does not identify you or give us any information about your computer.

A cookie helps us to recognise you when you re-visit our Website and to co-ordinate your access to different pages on the Website. We use cookies to learn more about the way you interact with our content and help us improve your experience of using our Website.

With most internet browsers, you can erase cookies from your computer hard drive, block all cookies, or receive a warning before a cookie is stored. If you want to do this, refer to your browser instructions or help screen to learn more. If you reject the use of cookies, you will still be able to access our Website but please note that some of its functions may not work as well as if cookies were enabled.

Links to other sites

Aspen may provide links to other sites. If you use these links, you will leave our Website and we are not responsible for any of these sites, their content or their usage of your personal information. We advise that you check the privacy policies on those sites.

Contact us

Please contact us if you have a complaint regarding Aspen’s compliance with this policy or any applicable privacy laws.  Aspen will consider and respond to a complaint within a reasonable time frame.

In addition, please contact us if you:

  • wish to discuss any privacy issues
  • have any concerns regarding your personal information
  • do not wish to receive any future communications from Aspen.

Aspen Australia
Privacy Officer
privacy@aspenpharmacare.com.au
02 8436 8300

By using the Website and/or providing your personal information to us, you are consenting to the collection, holding, use and disclosure or that information as set out in this Privacy Policy.