Terms And Conditions

 

Fisher & Paykel Healthcare Limited (“FPH”) grants you the right to use the images, text, diagrams, animations, resources and other material (“Content”) made available by FPH at F&P HealthZone (https://www.fphealthzone.com) (“the Site”) on the terms and conditions set out below (“Terms and Conditions”).

 

By clicking “I accept” on entering the Site, you indicate that you understand and agree to be bound by these Terms and Conditions.

  1. You are granted a non-transferable, non-exclusive licence to use the Content for the sole purpose of marketing and selling FPH products in your territory in accordance with the distribution rights granted to you by FPH. You may not use the Content for any other purpose.
  2. You and your employees (if applicable) will be provided with a login name and password to access the Site.  You must, and must ensure that your employees, take all reasonable steps to safeguard the login name and password. This includes not revealing them to other people; not leaving a computer unattended when logged onto the Site and not keeping a physical record of the login name and password.
  3. If you or any of your employees suspect that anyone has gained access to the password, or that it has been lost or stolen, then please contact our Systems Administrator for the Site immediately on healthzone@fphcare.com or +64 9 574 0100.
  4. You must immediately notify us if any of your employees with access to the Site leave, or indicate that they will be leaving, your employment.
  5. You acknowledge and agree that you will only use the Content in a form and context as approved by FPH. You will ensure that FPH trademarks used are reproduced exactly as they appear on FPH’s product or marketing literature. You will not (and will ensure that your employees, agents and contractors will not) adapt, amend, edit, add to or in any way alter the Content from the approved form and usage. Any statements of intended uses of our devices, physical or operating specifications or other claims must only be those published in FPH’s product or marketing literature.
  6. On request by FPH, you must immediately cease all use of the Content and/or destroy or return to FPH any copies of the Content in your custody. All costs relating to the use, return or destruction of the Content are to be met by you.
  7. You acknowledge and agree that the intellectual property rights (including, without limitation, all trademarks and copyright) in the Content are owned by (or licensed to) FPH. You must not (and must ensure that your employees, agents and contractors do not) use, copy, adapt, distribute or otherwise deal with the Content other than in accordance with these Terms and Conditions.
  8. You acknowledge that FPH is supplying the Content as a convenience to you and at its sole discretion.  The Content is supplied on an “as is” basis, without express or implied warranties of any kind.  Use of the Content is at your risk.  To the fullest extent permitted by law, FPH and its officers, directors, shareholders, employees or agents will not be liable for any direct, indirect, consequential, punitive or other damages arising out of the supply or use of the Content.  There is no continuing obligation on FPH to provide the Content to you and FPH may cease supplying the Content at any time and without any liability to you whatsoever.
  9. The Content does not constitute or contain medical advice.  Any medical information provided in the Content is of a general nature and is not intended to be a substitute for medical advice, diagnosis or treatment. You must ensure that users of any materials containing the Content are aware of this and are directed to seek the advice of a physician or other qualified health provider regarding medical issues.
  10. You agree to fully indemnify FPH and its officers, directors, shareholders, employees and agents from and against any loss, damage, expense, cost, claim or proceeding arising from or in connection with your receipt and/or use of the Content (including, for the avoidance of doubt, any representation, warranty or undertaking given or made by you in relation to FPH products beyond what FPH provides).
  11. If you breach any of these Terms and Conditions, FPH reserves the right to exercise its full legal rights in respect of the breach.