Solta Medical Australia – Legal Notice
Solta Medical Australia (“Solta”, ”Company”, “we,” “us,” and “our”) operates this website (the “Site”) and may operate other websites, mobile or desktop applications, and/or additional online services (together with the Site, the “Services”) for your personal information and education. The terms and conditions set forth in this Legal Notice (the “Terms”), together with our Privacy Notice comprise a legal agreement between you and Solta and govern your access to and use of the Services, including any Content (as defined in Section 7 below) appearing on or provided through the Services. Please read these Terms carefully.
DO NOT USE THIS SITE OR ANY SERVICES IF YOU DO NOT ACCEPT THESE TERMS. BY ACCESSING AND/OR USING THE SITE OR ANY SERVICES, YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS WITHOUT LIMITATION OR QUALIFICATION.
PLEASE NOTE THAT SECTION 20 OF THESE TERMS CONTAINS A BINDING DISPUTE RESOLUTION CLAUSE AND A CLASS ACTION WAIVER. TO THE FULLEST LEGALLY PERMISSIBLE EXTENT, THESE TERMS AFFECT THE RIGHTS YOU HAVE IN ANY DISPUTE WITH US AND OUR AFFILIATES AND HOW ANY SUCH DISPUTE MAY BE RESOLVED.
1. Not Providing Medical Advice
We are not engaged in medical or similar professional services or advice via the Site or the Services, and the information provided hereon and therein is not a substitute for the professional judgment of a qualified health care professional. You should consult a physician or other health care professional for advice regarding any medical condition or treatment thereof. The Services and any information or Content provided in connection therewith are for informational and educational purposes only. Your reliance upon any Content or information provided through the Site or the Services is solely at your own risk.
- Void Where Prohibited
This Site is located in Australia and is designed to comply with the laws, rules, and regulations of Australia. Although accessible from other countries, the Services and Content are intended for access and use by Australian residents only, and Solta makes no representation, warranty, or other guaranty that the Services or the Content are appropriate for use in any other jurisdiction. For example, the Site contains information regarding products and services that may or may not be available in any particular country or region, may be available under different brands, trademarks, or service marks in different countries, may not be approved by a regulatory authority for marketing, sale, or use in certain countries, and/or may be approved for different indications or with different restrictions in different jurisdictions.
Notwithstanding the foregoing, this Site does link to other websites owned and operated by Solta’s affiliates and operating divisions which may be located outside of Australia Those websites may have information that is not appropriate for users in Australia. In no event shall the information on any of those websites be construed as a promotion or solicitation for the use of any product or service that is not authorized under the laws, rules, and regulations of the country where you are located. Any offer for any product or service made on this Site is void where prohibited. If you choose to access the Services or any Content from other locations, you do so on your own initiative and at your own risk, and you are responsible for compliance with all applicable local laws, rules, and regulations.
- Amendment of Terms
Solta reserves the right to modify these Terms at any time in its sole and absolute discretion without advance notice to you. Such modifications shall be effective immediately upon being posted in relation to any of the Services or Content. Continuing to access and/or use the Services or Content after we post modifications to the Terms constitutes your acceptance of such modifications.
- Modification of the Site
We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Site, any part of the Site, or any Services, for any or no reason and without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of any Services. For example, we may change the information and materials on the Site from time to time at our sole discretion, and we may restrict access to some or all of the Services to both guests and users.
- Restrictions on Access and Use
You may not access or use, or attempt to access or use, the Services or Content to take any action that could harm Solta or any third party or interfere with the operation of the Services or Content, nor may you use the Services or Content in a manner that violates any applicable laws, rules, or regulations. Without limiting the foregoing, you agree not to:
- Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity or the origin of any information you provide;
- Use any device, software, or routine to interfere or attempt to interfere with the proper functioning of any Service or any activity conducted on any Service or attempt to probe, scan, test the vulnerability of, or breach the security of any system or network;
- Circumvent, reverse engineer, decipher, decompile, disassemble, decrypt, or otherwise alter or interfere with (or attempt, encourage, or support anyone else’s attempt to engage in such activities) any of the software comprising or in any way making up a part of any Services;
- Engage in unauthorized spidering, scraping, or harvesting of content or information, or use any other unauthorized automated means to compile information;
- Obtain or attempt to gain unauthorized access to other computer systems, materials, information, or any services available on or through the Services or Content;
- Take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure;
- Upload or otherwise transmit any communication, software, or material that contains a virus, adware, malware, spyware, or ransom-ware, or is otherwise harmful to our users’ computers or systems; or
- Engage in any other conduct that restricts or inhibits any person from using or enjoying the Services or the Content, or that, in our sole and absolute judgment, exposes us or any of our users, affiliates, or any other third party to any liability, damages, or harm of any type.
Violations of system or network security and certain other conduct may result in civil or criminal liability to you. We may investigate and work with law enforcement authorities to prosecute users who violate these Terms.
- Eligibility and Registration
You may be asked to register for certain activities in connection with the Services by creating a user profile. When you so register, you agree to provide accurate, current, and complete information about yourself and to promptly update this information to maintain its accuracy. We have the right to suspend or terminate any account or other registration and to refuse any and all current access to or future use of the Services if we suspect that such information is inaccurate or incomplete. You are responsible for maintaining the confidentiality of any password and username that you are given or select in connection with the Services, and you are responsible for all activities that occur under your account.
- Intellectual Property
All information, materials, text, images, audio, video, computer code, software, and other content appearing on the Services (collectively, the “Content”) is the property of Solta and/or applicable third parties. No title or ownership rights are transferred to you under these Terms, or through your access to and/or use of the Services or Content, and nothing herein or therein shall be construed as a license to you under any Solta patent, trademark, copyright, trade secret, or other intellectual property right. You may access, use, and display the Services and Content without modification or alteration in any way and provided you comply strictly with these Terms. You may download and print copies of the Content only for non-commercial, informational, personal use, unless you are a licensed health care provider (such as a physician, health care facility, or pharmacy), a health insurance provider, or a representative of a licensed health care provider or health insurance provider. Such entities and individuals may use Content in connection with their professional duties, such as treating individual patients, determining whether to prescribe a product or recommend a service, or arranging for payment or reimbursement. If you wish to make any use of Content other than as authorized in this section, please contact us at the following e-mail address: Trademarks@bausch.com.
A. Copyright. The Services and Content are protected, among other ways, under the copyright laws of Australia and other countries. All copyrights in the Services and the Content are owned by Solta or its third-party licensors to the fullest extent permitted under Australian Copyright Act and all applicable international copyright laws. Unless expressly permitted in writing, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works from, transmit, or in any way exploit any part of the Services or Content, including any text, images, audio, or video, except that you may make use of the Services and Content for educational and non-commercial purposes only, provided that you maintain all applicable copyright and other notices. Copying, using, or downloading the Content or Services other than as expressly authorized herein is a breach of these Terms and may be a violation of applicable laws, rules, and/or regulations. Such unauthorized use may result in your personal liability, including potential criminal liability.
B. Trademarks and Service Marks. All rights in the Solta name and the names of Solta’s affiliates, as well as all other trade names, characters, logos, trademarks, service marks, product names, trade dress, slogans, product packaging, and designs displayed on this Site or in the Services, whether or not appearing in large print or with any trademark or registration symbol, belong exclusively to Solta, its affiliates, or their respective licensors and are protected from reproduction, imitation, dilution, or confusing or misleading uses under Australian and international trademark laws and other laws, rules, or regulations. Unauthorized use of such materials may infringe upon the rights of Solta, its affiliates, and/or their respective licensors. Such unauthorized use may result in your personal liability, including potential criminal liability.
C. Third-Party Intellectual Property. The Services and/or Content may contain intellectual property owned by third parties, including but not limited to promotional and business partners, licensors, licensees, sponsors, and advertisers. Third-party intellectual property appearing on or through the Services or Content belongs to the respective owner.
- Non-Endorsement, Discretion to Post, and Limited Rights Regarding User-Posted Content
Information and postings on forums, comment areas, blogs, or other interactive features may be provided by persons acting on our behalf, as well as unrelated third parties. Users of these Services are not otherwise connected with us and may use anonymous screen names. Neither Solta nor any of its affiliates are responsible for the content of any communication submitted or posted by users to any features publicly viewable on the Services, such as blogs, message boards, or other interactive content, nor do we guarantee the truthfulness, accuracy, or validity of any posted communication. Any action you take or do not take based upon information posted to any of the Services’ interactive features, including but not limited to medical, investment, trading, employment, or other decisions, is done at your own risk.
From time to time on certain areas of the Services you may be able to submit written posts and certain other materials (collectively, “User Content”). By using these features, you agree that you will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent, or otherwise objectionable or inappropriate as determined by Solta in its sole and absolute discretion; that you will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or breaches any confidentiality or other contractual obligation to which you are bound; that you will not impersonate any person or organization, including without limitation, the personnel of Solta (or its affiliates, representatives, or agents) or misrepresent an affiliation with another person or organization; and that you will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Services. We may cancel your account and delete all User Content associated with your account at any time, and without notice, if we deem that you have violated these Terms or any applicable law, rule, or regulation, or for any other reason or for no reason in our sole and absolute discretion. Neither Solta, nor any of its affiliates, assumes any liability for any information removed from the Services, and reserves the right to permanently restrict access to the Services or any user account.
By submitting communications or content to or through any part of the Services, you agree that such submission is non-confidential for all purposes and that any inclusion of personally identifiable information, such as your name, photograph, or other information in such posts may allow others to identify you. If you are a health care professional, you agree that you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorization to disclose. We reserve the right (but assume no obligation) to monitor any submissions or postings and delete, move, or edit any content that we consider inappropriate or unacceptable for any reason. Where we do moderate interactive features such as blogs, we may review comments and postings for relevance, topicality, and appropriateness, and we may withhold or remove postings for any reason, in our sole and absolute discretion. The posting of submissions that are selected for publication may be delayed during our review process.
We reserve the right to republish any material contributed by any user of the Services or Content. By posting, displaying, or publishing any User Content on the Services or submitting any correspondence to us, you expressly grant us a worldwide, nonexclusive, fully-paid-up, royalty free, sublicensable, and transferable license to publish, reproduce, sell, disclose, distribute, or use User Content for any purpose whatsoever in any and all media now known or hereinafter developed without the requirement to make any payment to you or to any third party or the need to seek your or any third-party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other users, for use on other media or platforms known or hereinafter developed. You hereby further grant us the worldwide, non-exclusive right to use any ideas, concepts, or techniques embodied in such materials for any purpose whatsoever. In addition, you hereby waive any and all moral rights you may have in any such materials. Further, you hereby authorize us to edit and otherwise modify any such material prior to our use, publication, distribution, sale, reproduction, or disclosure thereof. You represent and warrant that you own all content submitted, displayed, published or posted by you on the Services and otherwise have the right to grant the license set forth herein, and the displaying, publishing, or posting of any content you submit, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights, or any other intellectual property or other rights of any person or entity.
- Disclaimer of Warranties
YOUR USE OF THE SERVICES AND ANY CONTENT IS AT YOUR OWN RISK. THE SERVICES AND ALL CONTENT ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND. WE MAKE NO, AND HEREBY EXPRESSLY DISCLAIM ALL, REPRESENTATIONS AND WARRANTIES ABOUT THE OPERATION OF THE SERVICES, THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THE INFORMATION, MATERIALS, GOODS, OR SERVICES APPEARING OR OFFERED ON OR THROUGH THE SERVICES AND/OR THE CONTENT. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, STATUTORY, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS OR OTHER UNAUTHORIZED OR MALICIOUS CODE, AND ANY WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF ANY CONTENT. FURTHER, WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON. WE DO NOT WARRANT THAT THE SERVICES, CONTENT, FUNCTIONS, OR MATERIALS CONTAINED THEREIN WILL BE TIMELY, SECURE, ACCURATE, COMPLETE, UP-TO-DATE, FREE OF VIRUSES, MALICIOUS CODE OR ERRORS, OR UNINTERRUPTED.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE WARRANTIES, THOSE EXCLUSIONS WILL APPLY TO YOU TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
- Limitations of Liability and Waiver
IN NO EVENT WILL SOLTA, ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES, LOST PROFITS, OR OTHER DAMAGES OR LOSSES WHATSOEVER ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SERVICES, CONTENT, OR ANY SITES LINKED FROM THE SERVICES, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF SOLTA, ANY OF ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE REPRESENTATIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, OR IN CONNECTION WITH ANY INTERRUPTION IN AVAILABILITY OF THE SERVICES OR CONTENT, FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE.
YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE, INJURY, OR OTHER LOSS RESULTING FROM YOUR USE AND/OR RELIANCE ON THE SITE, THE SERVICES, AND/OR THE CONTENT. YOU HEREBY WAIVE, RELEASE, AND FOREVER DISCHARGE SOLTA AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS, LIABILITIES, OR OTHER OBLIGATIONS RESULTING FROM OR IN CONNECTION WITH YOUR USE OF AND/OR RELIANCE ON THE SITE, THE SERVICES, OR THE CONTENT.
IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH THE SERVICES OR CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE SERVICES OR CONTENT.
By accessing and/or using the Services or the Consent, you acknowledge that you have reviewed, understand, accept, and agree to be bound by the terms of our Privacy Notice which governs, among other things, how we collect, use, and disclose information received through a Site or any Services.
- Non-Confidential Information
- Links to Third Party Sites
- Copyright Infringement
If you are a copyright owner or a copyright owner’s agent and you believe any content submitted to and/or appearing on or through a Site or the Services infringes your copyrights, then you may notify our designated copyright agent with the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that you claim is infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on the Service;
- The address, telephone number, and/or electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You understand that if you fail to comply with all of the requirements listed above, your notice may not be valid.
To report trademark and/or copyright claimed infringement, send notifications and counter-notifications by electronic mail at Trademarks@bausch.com. This contact information is only for reporting alleged copyright infringement claims. Contact information for other matters is provided in Section 21 below.
You agree to indemnify, defend, and hold harmless Solta and its affiliates, and each of their respective directors, officers, employees, contractors, service providers, agents, representatives, successors, and assigns, from and against any and all demands, claims, damages, liabilities, judgments, losses, costs, expenses and harms, including reasonable attorneys’ fees and expenses (including any of the foregoing incurred in enforcement of this indemnity), related to or associated with your use of the Services and/or Content, online conduct, any violation of these Terms, or dealings or transactions with other persons resulting from use of the Services or Content.
- Supplemental Policies or Terms and Conditions
In connection with your access to and/or use of the Services or Content, you may be asked to consent to policies or terms and conditions in addition to these Terms. Please read these supplemental policies or terms and conditions carefully before accessing or making any use of such portions of the Services or Content. Any supplemental policies or terms and conditions will not vary or replace any of these Terms unless otherwise expressly stated.
Solta reserves the right, in its sole and absolute discretion, to restrict, suspend, or terminate your access to and use of the Services or Content, with or without prior notice.
- Integration; Enforceability; No Waiver
These Terms constitute the entire agreement between you and Solta with respect to their subject matter and supersede any prior or contemporaneous communications and agreements (whether oral, written, or electronic) between you and us with respect to such subject matter. In the event any provision of these Terms is held unenforceable, such unenforceability will not affect the validity or enforceability of the remaining provisions and will be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision. Our failure to enforce any provision of these Terms or respond to a breach by you or any other party shall not in any way waive our right to enforce subsequently any terms or conditions of these Terms or to act with respect to similar breaches.
- Governing Law; Dispute Resolution
These Terms and your access to and use of the Services and Content are governed by the laws of New South Wales, Australia without giving effect to its conflict of laws provisions. By accessing and/or using the Services or Content, you waive any claims that may arise under the laws of any other jurisdiction.
- Contact Us
If you have any questions about these Terms, please contact us at Dpo_anz@bausch.com.