Terms and Conditions

Introduction

This web site and its contents (“Web Site”) is owned and operated by Phage Australia (“Phage Australia”).

By accessing or using the Website, you agree to accept and comply with the terms, conditions, notices and disclaimers contained in the terms and conditions, the Privacy Policy and elsewhere on the Website (known collectively as “Terms and Conditions”).

The Terms and Conditions govern the use of this Web Site.

Phage Australia reserves the right to amend these Terms and Conditions at any time with out notice. We therefore encourage you to check this document regularly.

Applicable law

The Terms and Conditions are governed by and to be construed in accordance with the laws of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia. In the event that any provision of the Terms and Conditions is held to be invalid, illegal or unenforceable, that provision must to the extent of the invalidity, illegality or unenforceability be ignored and all the other provisions of the Terms and Conditions will remain in full force and effect.

Phage Australia makes no representation that the content of the Website complies with the laws of any country outside Australia. All rights not expressly granted herein are reserved.

Links to Third Party Sites & Third Party Advertisements

Phage Australia assumes no responsibility and accepts no liability for the condition or content of third party web sites that may be linked to or accessed from the Web Site. Except as Phage Australia may specifically direct otherwise, Phage Australia does not authorise the content of those third party web sites. The Web Site may also contain third party advertisements which contain embedded hyper-links to web sites operated by third parties. The placement of third party advertisements on this Web Site does not necessarily constitute the recommendation or endorsement of Phage Australia for such goods or services. The third party advertiser is solely responsible to you for any representations or offers made by it, and for any goods or services which you agree to purchase from those third parties.

Competitions and Promotions

Certain parts of the Web Site may contain competitions or promotions from Phage Australia or third parties. The terms and conditions for those competitions and promotions will be specified on the relevant part of the Web Site from time to time. By entering or participating in the relevant competition or promotion you agree to be bound by the relevant terms and conditions. Notwithstanding any specific terms and conditions, Phage Australia specifically retains the right, at any time and without notice, to remove, alter or add to competitions or promotions on the Web Site without any liability to you.

Disclaimer and liability

This Web Site is provided on an “as is” basis. While Phage Australia has used its best endeavours to ensure that the information contained on and accessed through the Web Site is correct and current at the time of publication, Phage Australia does not accept responsibility for any error, omission or defect in the information.

To the fullest extent permissible by law, Phage Australia, its affiliated companies and their respective directors, employees, agents and contractors:

Do not make any representation, warranty or endorsement of any kind, express or implied, as to the operation of the Web Site, your access to the Web Site or results of your access, or the information, content, materials or products on the Website; and

Do not warrant that the functions on the Website will be uninterrupted or error-free, that any defects will be corrected or that the server which stores and transmits content to you is free of viruses or other harmful components.

Subject to any non-excludable liability for breach of conditions or warranties implied by legislation and to the maximum extent permitted by law, under no circumstances (including but not limited to any act or omission on the part of Phage Australia, its affiliated companies or their respective directors, employees, agents and contractors) will Phage Australia, its affiliated companies or their respective directors, employees, agents or contractors accept liability for any indirect, incidental, special and/or consequential damages or loss of profits resulting from any use or access, or any inability to use or access the Web Site.

Indemnity

You agree to indemnify and keep indemnified Phage Australia, its affiliated companies and their officers, employees, agents and contractors (“those indemnified”) in respect of any claim, liability, loss, damage, cost (including legal cost) or expense which those indemnified may suffer or incur as a direct or indirect result of your wilful or negligent act or omission with respect to the your use of the Web Site (or any part of it) or the violation of these Terms and Conditions by you, or the infringement by you, of any intellectual property or other right of any person or entity.

Intellectual Property & Restrictions On Use Of Content

The Web Site is subject to copyright under Australian law and, under international treaties, and the laws of many other countries. The Web Site contains trademarks, intellectual property and copyright protected works which is owned by Phage Australia, and third parties. Except for the direct purpose of viewing, accessing or interacting with the Web Site for your own personal use or as otherwise indicated on the Web Site or these Terms and Conditions, you must not copy, communicate to the public, adapt, transfer, distribute or store any of the contents of the Web Site, or incorporate any part of the Web Site into another web site without Phage Australia’s express consent.

Termination and Cancellation

Phage Australia reserves the right in its sole discretion to revise the content of, amend links from, or withdraw access to the Web Site, at any time without notice. Without limiting the operation of any other Terms and Conditions herein, Phage Australia will not be held liable for loss or damage arising from the exercising of these rights. Any indemnities given by you and limitations on Phage Australia’s liability will survive such termination.