Terms of Use

These Terms of Use are effective as of 16 November 2020 and replace the Terms of Use dated 16 September 2015.

This website (Site), adherium.com, is operated by Adherium. The terms “we”, “our”, “us” or “Adherium” refer to Adherium Limited (ACN 605 352 510) and its affiliated companies Adherium (NZ) Limited, Adherium North America, Inc. and Adherium Europe Ltd.

By accessing and browsing this Site, you, the person using the Site, agree to be bound by the terms and conditions set out in these Terms of Use (“Terms”). When you use the Site for or on behalf of an organisation, the Terms bind the organisation on whose behalf such access or use is made. If you do not accept these Terms you must refrain from using the Site.

We may update the Terms from time to time by posting the new terms and conditions on this Site, adherium.com/terms-of-use.

Purpose of the Site

The material provided on the Site is for your general information purposes only. We reserve the right to change the information on the Site without notice. We do not provide medical, legal, accounting, financial, investment banking or other advisory services. You must make your own assessment of the suitability and appropriateness of the material and services on the Site for their particular use and seek professional advice if required.

Forward-looking Statements

This Site may contain forward-looking statements, i.e., statements that are not historical facts. Words such as “expect(s)”, “feel(s)”, “believe(s)”, “will”, “may”, “anticipate(s)” and similar expressions are intended to identify forward-looking statements. These statements include, but are not limited to, statements regarding market size, future results, regulatory approvals, production targets, sales, staffing levels etc. All such statements are subject to risks and uncertainties, many of which are difficult to predict and generally beyond our control, that could cause actual results to differ materially from those expressed in, or implied or projected by, the forward-looking information and statements. These risks and uncertainties include, but are not limited to: (i) the possible delays in and the outcome of product development, (ii) risks relating to possible partnering or other like arrangements, (iii) the potential for delays in regulatory approvals, (iv) the unknown uptake and market penetration of any potential commercial products and (v) other risks and uncertainties related to our prospects, assets / products and business strategy. This is particularly the case with companies such as Adherium which operate in the field of developing and commercializing medical devices and related services. You are cautioned not to place undue reliance on these forward-looking statements that speak only as of the date hereof, and we do not undertake any obligation to revise and disseminate forward-looking statements to reflect events or circumstances after the date hereof, or to reflect the occurrence of or non-occurrence of any events. Additionally, there are a number of factors, both specific to Adherium and of a general nature, which may affect the future performance of Adherium. There is no guarantee that Adherium will achieve its stated objectives/milestones, that any of its forecasts will be met or that forward-looking statements will be realised.

Privacy

Our Privacy Policy governs the collection, use, storage, retention and disclosure of your personal information by Adherium. The Privacy Policy forms part of these Terms of Use. Please read it before using the Site or communicating with us.

Intellectual Property

Adherium or its licensors own all intellectual property rights to all content, user interface, designs, text, graphics, pictures, video, trade marks, logos and all copyright works, including software or music on the Site, unless otherwise stated. Refer here for further information about Adherium’s intellectual property rights and the use of third parties’ trade marks.

Permitted Use

You may access, view, reproduce, download and print the content on the Site for the purpose of obtaining information about us and the services we provide and any personal, non-commercial use or as permitted by law.

Any other distribution, copying, reproduction, reselling, publishing, transmitting or storage of the content on the Site is prohibited, except with our express prior written permission. To obtain the permission, please contact us on: IP@adherium.com.

You may not link your website to the Site without our prior written consent. If you wish to link to any part of the Site, please email your request to: IP@adherium.com. Adherium reserves the right to prohibit links to the Site and you agree to immediately remove or cease any link upon written request from Adherium.

Adherium reserves the right to alter, suspend or terminate the Site or your subscription temporarily or permanently at any time and without prior notice.

Your Responsibilities

If you access or use the Site on behalf of an organisation, you warrant that you have the appropriate authority and power to do so on behalf of that organisation and are authorised to accept these Terms on behalf of the organisation.

You agree to use the Site only for the purposes for which it is being provided. You must not use the Site for any improper, injurious, offensive or unlawful purposes. You must not damage, disrupt or compromise the Site in any way. You will notify us promptly if you become aware of any suspected or actual breach of these Terms or any unauthorised use or abuse of the Site.

You are responsible for any actions you take based on services or information obtained through the Site, and all outcomes resulting from your use of those services or information.

You are also responsible for providing all technology, hardware, software and telecommunication facilities in order to access and use the Site.

You agree that you will at all times comply fully with all relevant laws, rules, regulations and orders of all relevant regulatory bodies in relation to the Site or any of the services or information made available to you through the Site.

User Submissions

By submitting a communication to this Site, you agree to comply with and be bound by these Terms. With the exception of any personal information governed by our Privacy Policy, any suggestions, ideas, notes, concepts or, information or other content you submit to this Site or Adherium or its affiliates (collectively “Submissions”) will be deemed non-confidential. You own and are responsible for your Submissions, but by submitting them, you grant Adherium and our designees a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, fully sub-licensable, transferrable, license to use, copy, modify, create derivative works of, distribute, publicly display, publicly perform and otherwise exploit your Submission (or any portion thereof) in all formats and distribution channels now known or hereafter devised (including on third-party sites and services) for any purpose without further notice to or consent from you. You hereby waive any moral rights you may have in your Submissions. You are not entitled to any payment if we use your Submissions or any part thereof.

Subscribers

You may subscribe to a newsletter, updates, or any other services of which we may notify you from time to time, by registering on the Site. You must ensure that the information you provide about yourself as part of the registration process is correct, complete, accurate and up-to-date. You agree to notify us of any changes to this information from time to time.

You agree that Adherium may send you messages about products or services available from Adherium or its associated companies to electronic addresses (including email addresses) provided by you as part of the registration process or otherwise in connection with the Site.

If you wish to unsubscribe from our blog or any other services, please click on the “Unsubscribe” message that accompanies the relevant material or contact us at privacy@adherium.com.

Disclaimer of Warranties and Exclusion of All Liability

We endeavour to ensure that the information provided through the Site, including the stated availability or unavailability of products and services, is complete, accurate or up-to-date and that any errors or omissions are corrected as soon as practicable after they come to our attention. However, we do not warrant the accuracy of that information and we cannot be held liable for your use of the information or reliance on it, except as specifically agreed with us in a separate written agreement between you and Adherium. We do not guarantee that the website will be fault free and do not accept liability for any errors or omissions.

The Site may contain links to third party websites. We do not monitor, verify, endorse, approve or agree with any third party website (or the content on such website) that the Site links to. The links are provided for your convenience only. You should be aware that such information may be inaccurate, incomplete or out of date. We make no representations about any third party websites that may be accessed via links from this Site.

THE SITE IS PROVIDED ON AN "AS IS" BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ADHERIUM EXPRESSLY DISCLAIMS AND EXCLUDES ALL WARRANTIES AND REPRESENTATIONS, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WRITTEN OR UNWRITTEN, AS TO THE ACCURACY OF ANY INFORMATION CONTAINED ON THE SITE INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YOUR USE OF THE SITE IS AT YOUR OWN RISK.

Internet transmissions are never entirely secure or private. Accordingly, Adherium does not warrant that any information you provide through the Site will not be read or intercepted by others.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM AND HAVE NO LIABILITY FOR ANY LOSSES OR CLAIMS ARISING FROM THE FOLLOWING RISKS: OPERATING SYSTEM FAILURES, UNAVAILABILITY OF THE SITE, INTERACTIONS BETWEEN YOUR COMMUNICATIONS DEVICE AND THE SITE, VIRUSES, MALWARE OR OTHER MALICIOUS SOFTWARE, INTERCEPTION, ‘HACKING’ OR OTHER UNAUTHORISED ACCESS OF INFORMATION PROVIDED THROUGH THE SITE.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ADHERIUM OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY LOSS, DAMAGE, COST OR EXPENSE OF ANY KIND, WHETHER DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE, WHETHER IN CONTRACT, TORT OR OTHERWISE ARISING OUT OF, OR IN CONNECTION WITH YOUR ACCESS TO, OR USE OF, THE SITE OR THE CONTENT ON OR ACCESSED THROUGH IT.

Indemnity

By using this Site, you agree to indemnify and hold Adherium, its related companies and their respective officers, directors, employees, contractors, agents, successors and assigns (each an Indemnified Party) from and against any and all demands, claims, losses, damages, liabilities, fines, judgements, interest, penalties, costs, expense or harm (including without limitation attorneys’ fees and fees of other professional advisers) related to or arising out of:

  • your online conduct;
  • your misuse of the Site;
  • your breach of these Terms of Use; and
  • any claim that your Submission infringes any third party’s intellectual property rights.

Governing Law

The Site and these Terms of Use are governed by the laws of Victoria, Australia, without regard to its conflict of laws provisions. All matters or disputes connected with the Site or these Terms of Use will be dealt with by the courts of Victoria, Australia and you consent and submit to the personal and exclusive jurisdiction of the courts of Victoria, Australia.