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WEB SITE TERMS AND CONDITIONS – INFORMATION SERVICES

These terms and conditions apply to the use of this web site, including the use of the information services offered on this web site.  In using this web site, you agree to be bound by these terms and conditions.  If you do not accept these terms and conditions, you must refrain from using the web site.  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.
“Service” means the Bioassay matching service provided by us as described on the BioAssayLINK website which includes, but is not limited to, providing customers with a list of service providers and consultants that meet the customers’ specific Bioassay requirements.
 
2.  MEMBERSHIP
 
  1. In order to be able to access the Service, you must become a member. To become a member, you must complete your registration details in the manner described on this web site
  2. We reserve the right to terminate your membership at any time if you breach these terms and conditions.
  3. You will ensure that all information provided by you is in English. We reserve the right to reject any information that is not submitted by you in English.
  4. You agree to ensure that your registration details are true and accurate at all times. Specifically, you must promptly update any change to the registration details as originally supplied.
  5. Upon registration, you will be able to choose a password and account designation. You agree to pay for the Services in the manner specified in these terms and conditions.
  6. You may terminate your membership at any time but may not be entitled to a refund of any amounts paid to us under this agreement.
3.  INFORMATION SERVICE
 
  1. The Service is provided by us pursuant to these terms and conditions and is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information provided as part of the Service from third parties which we believe to be accurate and up to date as at the date of publication. We nevertheless reserve the right to update this information at any time.
  2. In addition, we do not make any representations or warranties that the information we provide as part of the Service is reliable, accurate or complete.  We are not liable for any loss resulting from any action taken or reliance made by you on any information delivered to you as part of the Service.  You should make your own inquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to you as part of the Service.
  3. You agree to use our information service for lawful purposes only.
  4. We will endeavour to deliver the Service based on the information provided by you within the shortest possible time. However, 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.
  5. We do not warrant that the Service will be suitable for you or that any information provided as part of the Service will satisfy your needs. For the avoidance of doubt, we do not warrant that the Service will contain any information that will specifically meet your requirements but will endeavour, as far as possible, to do so.
  6. Your company name or the individuals accessing our Service will not been made known to any service providers, biomedical researchers or specialized consultants that have been matched to your specific requirements without your written permission.
4.  RATES, PAYMENT AND GST
 
  1. Access to the Service shall be at the rate published from time to time of the website.
  2. You must pay us using the secure payment facilities on the website or within 30 days of the date of an invoice issued by us and no information report will be provided until payment has been verified.
  3. All rates and charges quoted are, unless expressly stated otherwise, exclusive of GST. We will issue you with a valid tax invoice and you must pay us any applicable GST in addition to the rates and charges quoted to you. Note that GST is only applicable to customers in Australia
5. DISCLAIMER
 
  1. We do not accept responsibility for any loss or damage, however caused (including through negligence), which you may directly or indirectly suffer in connection with your use of the Service, this web site or any linked web site, nor do we accept any responsibility for any loss arising out of your use of or reliance on information accessed through this web site or delivered as part of the Service.
  2. To the extent permitted by law, any condition or warranty which would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to :
    1. the supplying of the Services again; or
    2. the payment of the cost of having the Services supplied again.
 6. 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.
 7. 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 take your own precautions to ensure that the process which you employ for accessing this web site does not expose you to the 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 use of this web site or any linked web site.
  3. You acknowledge that the information provided as part of the Service is provided to us by third parties and whilst we have no reason to believe that any information as part of the Service is inaccurate, we do not warrant the accuracy, adequacy or completeness of such information, nor do we undertake to keep this information updated. We do not accept responsibility for loss suffered as a result of reliance by you upon the accuracy or currency of information contained on this web site.
  4. You acknowledge that we are a distributor, not a publisher, of information. Our editorial control is limited to the selection of information to match your specific enquiry. Any opinions or advice by third parties remain the responsibility of those third parties and we do not guarantee the accuracy, completeness or usefulness of any information delivered as part of the Service or its fitness for any particular purposes.
  5. Where the information made available over this Service contains opinions or judgements of third parties, we do not purport to endorse the contents of that opinion or advice nor the accuracy or reliability of that opinion or advice. We do not accept liability for loss or damage caused by your reliance upon any information obtained through this Service and it remains your responsibility to evaluate the accuracy, completeness and usefulness of any such information.
  6. Responsibility for the content of advertisements appearing 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.
 8. 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.
 9. LIMITED LICENCE
  You may reproduce information obtained as part of the Service in the form delivered to you by us in the ordinary course of your business.
 10. 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).
 11. RESTRICTED USE
  Unless we agree otherwise in writing, you are provided with access to the Service and the web site on the basis that you are the registered user. Without limiting the foregoing, you may not without our written permission on-sell information provided as part of the Service or obtained from this web site.
 12. LINKED WEBSITES
 
  1. This web site may contain links to other web sites (“linked web sites”). Those links are provided for convenience only and may not remain current or be maintained.
  2. We are not responsible for the content of privacy practices associated with linked web sites.
  3. 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.
 13. PRIVACY POLICY
  We undertake to comply with the terms of our privacy policy which you can view by clicking here.
 14. 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.
 15. 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.
 16. 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.
17. 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.
18. 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.
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