Terms and Conditions

Website Terms of Use

1. Disclaimer

CellAED® is not approved as a medical device in any jurisdiction and cannot be not placed on the market or put into service. The information on this website is provided for demonstrational purposes only.

2. Introduction

These Website Terms of Use govern your use of the website. Please read them carefully before using this website.

This website, cellaed.info, is operated byCell AED Life Saver Pty Ltd (ABN 59 620 117 384), 1 Lesley Close, Elanora Heights NSW 2101 Australia (“we”, “us” or “our”).

3. By using our website you accept these website terms of use

By using this website, you accept these Website Terms of Useand agree to comply with them. If you do not agree to these Website Terms of Use, you must not use our website.

We recommend that you print a copy of these Website Terms of Usefor future reference.

These Website Terms of Useapply from the date set out at the beginning of them. We may amend these Website Terms of Usefrom time to time without specific notice to you. Every time you wish to use our website, please check to ensure you understand which Website Terms of Useapplies at that time.

4. Other terms that may apply to you

Please refer to our Privacy Policy which also applies to your use of our website.

5. Our website is directed to healthcare professionals and business

The purpose of this website it to provide information about our CellAED®to only healthcare professionals, media representatives and investors, distributors or prospective business customers who have attended a trade fair, exhibition or demonstration where CellAED® was displayed (“Authorised Users”). By using this website you warrant and represent that you are, or you are acting on behalf of, an Authorised User. If you are not an Authorised User you must not use our website.

6. Ownership of rights on our website

Unless otherwise indicated, we are the owner or the authorised licensee of all content on our website and in the material published on it including the trade marks, sounds, images, text, software, software code, interfaces, website structure, videos and copyright works and materials displayed on it, its layout and design (Intellectual Property Rights). Our Intellectual Property Rights may not be copied, imitated or used by you, in whole or in part, without the prior written permission from us or our licensors. We take our Intellectual Property Rights and will enforce our rights to the fullest extent permitted by applicable law.

You must not use any part of the content on our website for commercial purposes without first obtaining a written licence to do so from us or our licensors. However you may use the information on our products and services expressly made available by us for downloading from this website to draw the attention of others within your organisation to content posted on our website provided that (i) you do not remove any proprietary notice in any documents; (iii) you do not modify the information any printed or digital copies of any pages of our website or use any illustrations, photographs, trade marks, video or audio sequences or any graphics separately from any accompanying text; (iv) you do not make additional representations or warranties relating to the documents or our products or services; and (v) you do not market or otherwise promote our product as available for public use, being placed in the market or put to service in any jurisdiction.

7. No medical advice provided

This website includes information about products not approved for use in any jurisdiction and the information provided or images of products shown is for demonstrational purposes only. The information provided on this website is not medical advice or intended to be a substitute for medical advice or care.

To the maximum extent permitted under applicable law, we will not be liable to you for any claim, cost, damage or loss incurred or suffered by you in connection with your reliance on information on this website.

8. Limitation of Liability

To the maximum extent permitted by applicable law, we accept no responsibility or liability at all arising from (a) your use of this website or its content or (b) any interruption or discontinuance of any or all functionalities of our website (regardless of whether this is the result of actions or omissions by us or one of our affiliates or of a third party) or (c) any damage, losses or expenses related to any business of yours including without limitation for any lost data, lost profits, lost revenues or business interruption.

Although we make reasonable efforts to update the information on our website, we do not make any representations, warranties or guarantees (whether express or implied) that the content on our website is accurate, complete or up to date, suitable for any particular purpose, except only for the warranties, representations or guarantees which we cannot legally exclude under applicable law. We do not guarantee that our website is or will be secure or free from bugs or viruses or always available or functional. To the extent permitted by applicable law, we reserve the right to interrupt or discontinue any or all of the functionalities of our website at any time.

Nothing in these website terms of use limits our liability for personal injury or death caused by our negligence, fraud or any matter that cannot be limited or excluded by applicable law. Nothing in this website terms of use will affect your statutory rights under applicable law.

9. Links to and from other websites

Where our website contains links to other websites, plugins, applications or resources provided by third parties, these links are provided for your information only and are not any indication of approval by us of those linked websites or information that you may obtain from them.

You may link to our website, provided you do so in a way that is fair and legal and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part unless we have agreed to that.

We reserve the right to withdraw linking permission without advance notice to you.

10. How we may use your personal information

Our use of your personal information is set out in our Privacy Policy.

11. User conduct

You must not misuse our website or use it in any way that infringes the rights of anyone else or by spamming or introducing viruses, trojans, worms, logic bombs, or other material that is malicious or technologically harmful or restricts anyone else’s enjoyment of our website. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site or crawl, frame, edit or broadcast our website. You must not attack our website via a denial-of-service attack or a distributed denial-of service attack. We will report any breach of this provision to the applicable enforcement organisation and you accept responsibility for your actions and the actions of persons that you authorise to act for you.

12. Governing law and jurisdiction

These website terms of use shall be governed by and construed in accordance with the laws of New South Wales, Australia. Disputes arising in connection with these website terms of use will be subject to the exclusive jurisdiction of the courts of New South Wales, Australia and courts hearing appeals from them except that nothing in these website terms will limit our right to take proceedings against you in any other court of competent jurisdiction or take proceedings in any one or more jurisdictions, whether concurrently or not, to the extent permitted by applicable law of such other jurisdiction.

Any claim made under these terms must be made within one (1) year after the cause of action arises or such claim cause of action is barred.

13. Miscellaneous

13.1 Variation

We may vary these website terms of use (including any document incorporated by reference) at any time by posting the amended terms on this website. All amended terms will automatically be effective after they are posted on this website. Your continued use of this website after our posting of any variations will constitute your acceptance of such amendments.

13.2 Waiver

No failure or delay by us to exercise any right or remedy provided under these website terms of use or by applicable law will constitute a waiver of that or any other right or remedy, or prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy will prevent or restrict the further exercise of that or any other right or remedy.

13.3 Rights and remedies

Except as expressly provided in these website terms of use, the rights and remedies provided under these website terms of use are in condition to, and not exclusive of, any rights or remedies provided by applicable law.

You agree that we will not be liable to you or anyone else for termination of your access to this website or your breach of these website terms. You agree to indemnify us and our officers, directors, shareholders and affiliates for any costs, loss, damages, claim or liability made against us or incurred by us by anyone else arising out of your use of this website.

13.4 Entire agreement

These website terms of use constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

13.5 Assignment

You may not, without our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of your rights or obligations under these website terms of use. We may at any time assign, transfer, charge, sub-contract or deal in any other manner with all or any of its rights or obligations under these website terms of use.

13.6 Relationship

Nothing in these website terms of use is intended to or will operate to create a partnership, joint venture, commercial agency or distribution, or franchise relationship between the parties, or authorise either party to act as agent for the other, and neither party will have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any presentation of warranty, the assumption of any obligation or liability and the exercise of any right or power).

13.7 Third party rights

These website terms of use do not confer any rights on any person or entity (other than the parties to this agreement and, where applicable, their successors and permitted assigns), save that any of our corporate group members from time to time may enforce these terms as though they were a party.

13.8 Notices

Any notice required to be given under these website terms of use will be:

  • in the case of notice to us: in writing and delivered by hand or sent by pre-paid first-class post or recorded delivery posted to us at our registered address, or such other address as may have been notified by us on this website for such purposes from time to time; and
  • in the case of notice to you: posted on this website or emailed to you at the email address you have last given to us.

A notice delivered by hand will be deemed to have been received when delivered (or if delivery is not during business hours, at 9 am on the first business day following delivery). A correctly addressed notice sent by pre-paid first-class post or recorded delivery post will be deemed to have been received at the time at which it would have been delivered in the normal course of post.

In these website terms a business day is a day other than Saturday, Sunday or public holiday in Sydney, Australia.

13.9 Termination

We may in our sole discretion and without prior notice to you or prejudice to any other rights or remedies of ours terminate your access to this website if we determine you have breached these website terms of use or any other agreements which are associated with your use of this website.