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WEB SITE TERMS AND CONDITIONS – SERVICE PROVIDERS
These terms and conditions apply to the use of this web site, including the provision by you of information and your capabilities to be included in our Bioassay and Expertise Database (“Bioassay Capabilities”). In using this web site and delivering your Bioassay Capabilities, you agree to be bound by these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of this web site.
1.   TERMINOLOGY
  In these terms and conditions, the expressions “we”, “us” and “our” are a reference to BioAssayLINK Pty Ltd.
2.   AMENDMENTS TO TERMS AND CONDITIONS
 

We reserve the right to amend these terms and conditions from time to time.  Amendments will be effective immediately upon notification on this web site.  Your continued use of the web site following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

3.  REGISTRATION
 
  1. In order to be able to provide us with your Bioassay Capabilities pursuant to these terms and conditions, you must become a Registered Bioassay Provider and pay all applicable fees.
  2. To become a Registered Bioassay Provider, you must complete your registration details in the manner described on the web site.
  3. To become a Registered Bioassay Provider, you must complete your registration details in the manner described on the web site.
  4. We reserve the right to terminate your registration at any time if you breach these terms and conditions.
  5. Upon registration, you will be able to choose a password and account designation.
  6. You may terminate your registration at any time but you may not be entitled to a refund of any amounts paid to us under this agreement
4.  YOUR OBLIGATIONS
  By becoming a Registered Bioassay Provider you agree that:
  1. you will ensure that your Bioassay Capabilities are up to date, accurate and not misleading;
  2. you warrant that your Bioassay Capabilities are not fraudulent and do not infringe the intellectual property rights, confidentiality rights, or privacy rights of any person;
  3. you must procure on behalf of yourself and on behalf of us all proper licences, clearances, permissions and releases in writing in respect of any copyright material included in your Bioassay Capabilities so that your Bioassay Capabilities can be distributed online from our database to our customers;
  4. you authorise us to distribute and disclose your contact and other details to our customers where such a customer requests information from our Bioassay Database that reasonably match your Bioassay Capabilities;
  5. by submitting your Bioassay Capabilities to us or authorising or approving the publication of your Bioassay Capabilities by us on your behalf, you warrant that this information and data comply with all relevant laws and regulations and that its publication will not give rise to any claims or liabilities against us, our directors, employees or agents;
  6. You will not disclose to any third party any password or account name which is used to access and amend your Bioassay Capabilities;
  7. You will ensure that all information provided by you, including your Bioassay Capabilities, is in English. We reserve the right to reject any information that is not submitted by you in English.
5.  OTHER CONDITIONS
 
  1. Your Bioassay Capabilities must be supplied to us using our existing webforms. If you otherwise submit material to us electronically, the material must comply with our specifications. We can reject the material and data if it is not submitted in accordance with such specifications.
  2. If there are any errors or changes to your registration details or your Bioassay Capabilities you must promptly modify them by logging-in to the BioAssayLINK web site and making the necessary alterations.
  3. We do not accept any responsibility for errors in material that has been submitted electronically by you.
6.  RATES, PAYMENT AND GST
 
  1. The rate for publication of your Bioassay Capabilities in the Bioassay Database will be as agreed by us or as specified from time to time on the website.
  2. Fees are charged by us on an annual basis and must be paid in advance. We reserve the right to charge additional fees if you do not provide your Bioassay Capabilities in the form specified by us.
  3. You must pay us using the secure payment facility on the web site or within 30 days of the date of an invoice issued by us. We reserve the right to withhold publication of your Bioassay Capabilities until such time as all amounts under this agreement have been paid.
  4. All rates and charges quoted are, unless expressly stated otherwise, exclusive of any GST, VAT or other value added tax duty or impost applicable in your jurisdiction.
7.  FAILURE TO PAY
  If you fail to pay any invoice or account issued by us, or if you commit an act of bankruptcy, become insolvent, have a receiver or administrator or liquidator or manager appointed over any of your assets or if you resolve to wind up your company, then we may (at our absolute discretion):
  1. remove your Bioassay Capabilities from the website and terminate any agreement;
  2. require cash payment in advance for any future display or publication of your Bioassay Capabilities;
  3. charge interest at a rate of 2% per calendar month on overdue amounts;
  4. take proceedings against you to recover any overdue amount;
  5. recover from you all costs relation to any action taken against you by us to recover overdue amounts, such costs to include, without limitation, mercantile agency costs and legal costs on a full indemnity basis; and
  6. exercise any other rights we have at law.
 8. INDEMNITY
 
  1. By submitting your Bioassay Capabilities for inclusion in our Bioassay Database, you indemnify us and our directors, employees and agents against all claims, demands, proceedings and other liability arising wholly or partially, directly or indirectly, from inclusion in our Bioassay Database of your Bioassay Capabilities.
  2. Without limiting the generality of the above, you indemnify us and our directors, employees and agents against any costs, expenses, losses, damages, liability and claims suffered or incurred and arising from your breach of these Terms and Conditions and any negligent or unlawful act or omission by you in connection with your Bioassay Capabilities.
  3. You release and indemnify us, our servants and agents against all actions, claims and demands (including the cost of defending or settling any action, claim or demand) which may be instituted against us arising out of a breach by you of these terms and conditions or arising as a result of your negligent or wilful misconduct in connection with the provision of Bioassay Capabilities pursuant to these terms and conditions.
  4. Our links with linked web sites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked web sites, or of any information, graphics, materials, products or services referred to or contained on those linked web sites, unless and to the extent stipulated to the contrary.
 9. OUR OBLIGATIONS
  We will use best endeavours to:
  1. ensure that your Bioassay Capabilities are recorded in our Bioassay Database;
  2. provide your contact and other details of your Bioassay Capabilities to our customers;
  3. otherwise keep your Bioassay Capabilities confidential.
 10. DISCLAIMER
 
  1. We do not accept responsibility for any loss damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of this web site or any linked web site, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this web site.
  2. We offer no warranty in relation to the distribution, or the nature and extent of distribution, of your Bioassay Capabilities to our customers.
  3. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded.
 11. EXCEPTION TO DISCLAIMER
  This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.
 12. SPECIFIC WARNINGS
 
  1. You must ensure that your access to this web site is not illegal or prohibited by laws which apply to you.
  2. You must ensure that your data is supplied on the medium and in the format specified on this web site.
  3. You must take your own precautions to ensure that the process which you employ for accessing this web site does not expose your risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. For the removal of doubt, we do not accept responsibility for any interference or damage to your own computer system which arises in connection with your accessing of this web site or any linked web site.
  4. Responsibility for any advertising on this web site (including hyperlinks to advertisers’ own web sites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisers’ products and each advertiser is solely responsible for any representations made in connection with its advertisement.
 13. COPYRIGHT
  Copyright in this web site (including text, graphics, logos, icons, sound recordings and software) is owned or licensed by us. Information procured from a third party may be the subject of copyright owned by that third party. Other than for the purposes of, and subject to the conditions prescribed under, the Copyright Act 1968 (Cth) and similar legislation which applies in your location, and except as expressly authorised by these terms and conditions, you may not in any form or by any means:
  1. adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of this web site; or
  2. commercialise any information, products or services obtained from any part of this web site,
without our written permission or, in the case of third party material, from the owner of the copyright in that material.
 14. TRADE MARKS
 
  1. Except where otherwise specified, any word or device to which is attached the ™ or ® symbol is a registered trade mark.
  2. If you use any of our trade marks in reference to our activities, products or services, you must include a statement attributing that trade mark to us. You must not use any of our trade marks:
    1. in or as the whole or part of your own trade marks;
    2. in connection with activities, products or services which are not ours;
    3. in a manner which may be confusing, misleading or deceptive;
    4. in a manner that disparages us or our information, products or services (including this web site).
 15. PRIVACY POLICY
  We undertake to comply with the terms of our privacy policy which you can view by clicking here.
 16. SECURITY OF INFORMATION
  Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information which you transmit to us. Accordingly, any information which you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.
 17. TERMINATION OF ACCESS
  Access to this web site and to the service generally may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.
 18. GOVERNING LAW
  These terms and conditions are governed by the laws in force in Queensland, Australia. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.
 19. GENERAL
 
  1. We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.
  2. If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
  3. If any of these terms and conditions are held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.
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