These conditions of use (Conditions of Use) set out the conditions applicable to your use of, including your acquisition of products or services through, this website which is operated under the domain name www.tsipharma.com.au (Website) by TSI Pharmaceuticals Pty Ltd (TSI).
TSI may amend these Conditions of Use at any time by posting the amended terms on this Website which you acknowledge shall constitute sufficient notice to you. These Conditions of Use were last amended on 28 May 2012.
You acknowledge and accept that by using this Website, you agree to be bound by these Conditions of Use. If you do not agree with any of these terms, do not use this Website.
Any use of and/or acquisition of any product and/or service offered on this Website is subject to the applicable additional TSI products and/or services Terms and Conditions (Other Terms and Conditions) which are also accessible on this Website via the secure client log-in. In the event of any inconsistency between these Conditions of Use and any Other Terms and Conditions, the Other Terms and Conditions prevail to the extent of the inconsistency.
You should not construe anything in this site as a promotion or solicitation for any product or service that is not authorised by the laws and regulations of the country where you reside.
Unless expressly indicated to the contrary, TSI or its licensors own copyright in all texts, graphics and layouts on this Website (Website Material). Except as permitted under the Copyright Act 1968 (Cth) or other applicable laws, you must not copy, modify, transmit or distribute any Website Material. You acknowledge that you do not acquire any ownership rights by downloading Website Material.
You may provide hypertext links to this Website from any other website, unless TSI requests you to remove such hypertext links. You are not authorised to represent that TSI endorses or otherwise approves of the other website, the content on the other website or the operator of the other website. This Website may provide links to other websites maintained by third parties. TSI does not warrant the accuracy of any hypertext links provided by it, nor the suitability of any material located at such websites. The inclusion of any link does not imply endorsement by TSI of such websites.
All trade marks shown on this Website belong to their respective owners. No use of any trademarks, service marks, trade names, trade dress or images of products on this Website may be made without the prior written authorisation of TSI, except to identify the product or services of TSI. Nothing contained in this Website should be construed as granting any licence or right to use any trade mark displayed on this Website, without the written permission of TSI.
You agree that your use of this Website (including downloading Website Material) is at your sole risk.
The Material on this Website is intended to provide general information only and may not be accurate or current. Material is provided on an .as is. and .as available. basis. TSI and its suppliers do not warrant or make any representations concerning the completeness, timeliness, suitability or accuracy of any Website Material including, without limitation, the prices of products or services, contained on or accessible through this Website, or that access to this Website will be uninterrupted, timely or secure. To the extent permitted by law, in no event shall TSI and its suppliers be liable for any damages of any kind related to the completeness, timeliness, suitability or accuracy of any Website Material.
This Website may contain hypertext links, frames or other references to websites operated by third parties (Third Party Websites). TSI cannot control the contents of Third Party Websites, and make no warranty about the completeness, timeliness, suitability, accuracy or subject matter of the material located on Third Party Websites. We do not approve of, endorse, or sponsor any content or material on Third Party Websites. TSI provides no warranties that use of material on Third Party Websites to which this Website is linked does not infringe the intellectual property rights of any other person.
TSI does not authorise any infringement of any intellectual property rights contained in material on Third Party Websites by linking to such material or allowing such material to link to this Website.
To the maximum extent permitted by law, under no circumstances will TSI be liable for any indirect, incidental, special or consequential damages, including damages for loss of business or other profits, arising out of or referable to the accessing, downloading, using or relying on any Website Material or any material on a Third Party Website, whether caused by the negligence of TSI or otherwise.
The liability of TSI for a breach of a condition or warranty implied by law and which cannot be excluded, is limited, to the extent possible, at TSI's option, to:
the supply of the goods or services again; or
the repair of the goods; or
the payment of the cost of having the goods or services supplied again or repaired.
TSI does not represent or warrant that any files obtained from or through this Website are free from computer viruses or other defects, including Trojan horses and worms. Any such files are provided, and may only be used, on the basis that the user of such files assumes all responsibility for any loss, damage or consequence resulting directly or indirectly from use of those files.
You agree to defend, indemnify and hold TSI, its directors, officers and employees, harmless from any and all liabilities, costs and expenses, including reasonable legal fees, related to any breach of these Conditions of Use by you, or (to the extent permitted by law) in connection with your use of this Website or the placement or transmission of any Website Material by you.
TSI reserves the sole right to modify any Website Material or discontinue your access to the Website, or any features on it, at any time with or without notice to you. TSI is not liable to you or to any third party should it exercise such right. Modifications may include, but are not limited to, changes in the services and/or products listed and/or the prices of such services and/or products.
TSI may, in its sole discretion, terminate or suspend your access to all or part of this Website for any reason. Any suspected abusive or illegal activity may result in termination of your access and the activity may be referred to appropriate law enforcement authorities.
Any action you, any third party or the Company bring to enforce this agreement or, in connection with, any matters related to this web site shall be brought only in the courts of the State of Queensland, Australia, and you expressly consent to the jurisdiction of said courts, without regard to conflict of law principles. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be modified except in writing, signed by the provider.
Should you object to the Conditions of Use or any subsequent modifications thereto or become dissatisfied with this Website, your only recourse (to the extent permitted by law) is to immediately cease using this Website.
If you have any issues and/or questions with these Conditions of Use, please contact TSI at PO Box 1051, Eagle Farm, Qld 4009, or facsimile +617 3623 4592.