firebrickpharma.com is owned and operated by Firebrick Pharma Limited (Firebrick, we, us and our, as the context requires)..

THESE TERMS AND CONDITIONS (TERMS OF USE) FORM A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE YOU ACCESS OR USE THE SITE OR ITS CONTENT. BY ACCESSING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, PLEASE DO NOT ACCESS THIS SITE OR USE THIS SITE AND ITS CONTENT.

1. Your Agreement. These Terms of Use apply to: (a) your access to and use of the Site; (b) your access to and use of information obtained through the Site, including information, software, artwork, text, video, audio, pictures, content, trade marks (registered and unregistered) and other intellectual property we own or which is owned by our licensors and which is made available to you through the Site (Site Content). You should carefully read these Terms of Use, as they impose certain legal obligations on you in relation to your access to and use of the Site. By accessing the Site, you acknowledge that you have read and understood the Terms of Use and that you agree to be bound by the Terms of Use.

2. Ownership and reservation of rights. The Site and the Site Content are the proprietary property of Firebrick and our licensors and are protected by intellectual property laws in effect in Australia and in other countries around the world. “Nasodine” is a registered trade mark in Australia owned by Firebrick, and other product names appearing on the Site are trade marks of Firebrick or their respective owners where indicated. Firebrick and its licensors retain all rights with respect to the Site and the Site Content, except those expressly granted to you in these Terms of Use.

3. Grant of Rights. Provided you comply at all times with these Terms of Use, we grant to you the right to access the Site and the Site Content solely for your personal and non-commercial use. Except as permitted by law, you must not: (a) license, sub-license, sell, re-sell, distribute or otherwise commercially exploit the Site or the Site Content; (b) modify, adapt, or make any derivative works based upon the Site or the Site Content (or any part of the Site or Site Content); or (c) reverse engineer, decompile or otherwise access the Website or Site Content in order to build a product or service that is competitive with the Site or Firebrick.

4. Feedback. From time to time you may have the capacity to submit feedback to us in relation to the Site and the Site Content. If you submit feedback to us (either via the Site or through other means), you irrevocably grant to us a perpetual right to use your feedback for the purposes of improving the Site and the Site Content. Any such feedback that you submit to us will be treated by us as being non-confidential and non-proprietary. This means that we will be able to share your feedback with our related bodies corporate, our licensors and our licensees for the purpose of improving the Site and the Site Content.

5. Restrictions on use of the Site. In respect of your access to and use of the Site and Site Content, you agree to not:

5.1 upload, email or otherwise transmit any images or other content that is unlawful, obscene, harmful, hateful, invades the privacy of any third party, contains nudity or pornography, vilifies any individual or group of individuals, or is otherwise objectionable or contravenes applicable laws in your jurisdiction or in Australia;

5.2 disseminate materials that impact or invade the privacy of any other individual, including photographs, sound recordings, video clip or other materials which contains or reveals the personal, private or sensitive information about any other individual, without that individual’s consent;

5.3 upload, email or otherwise transmit any material that is false, defamatory, unlawfully threatening or unlawfully harassing;

5.4 infringe any third party’s intellectual property rights (including, but not limited to, copyright) in relation to any materials or content which you upload, email or otherwise transmit;

5.5 upload, transmit or email any materials that contain any viruses, Trojan horses, worms, time bombs, cancel-bots, ransomware, malware or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;

5.6 use the Site to artificially generate traffic or page links to any other website or for any other purpose not expressly permitted under these Terms of Use;

5.7 use the Site in a manner that could disable, over-burden or impair the operation or performance of the Site, or interfere with any other party’s use and enjoyment of the Site;

5.8 use the Site to test or to reverse engineer the Site in order to determine limitations or vulnerabilities in the Site, or to evade any filtering capabilities in connection with the Site;

5.9 seek to obtain access to any materials or information through hacking, data harvesting or through other means that we have not intentionally made available to you via the Site; or

5.10 use the Site for any purpose that is unlawful or prohibited by these Terms of Use.

6. Jurisdiction. The Site may contain information regarding products that are not available in all countries. Approved indications, dosages, restrictions and product presentations may vary from country to country. For information regarding a particular product, please refer to the full prescribing information approved by the relevant government regulatory body. Information that we publish from time to time may contain references or cross-references to our products, programs and services that are not announced or not available in your country. Such references do not imply that we intend to announce such products, programs or services in your country. We reserve the right to limit provision of our products and services to any person, geographic region or jurisdiction and/or to limit the quantities of any products or services we provide. Any offer for any product or service made on this Site or in the Site Content is void where prohibited. Where applicable, you may use the Site functionality to be transferred to the relevant website that is intended for residents of your country (if available).

7. Monitoring; revocation or suspension of use privileges. By accessing and using the Site and the Site Content, you acknowledge and agree that we may monitor your access to and use of the Site and the Site Content. We reserve the right to suspend or terminate your access to or use of the Site if you engage in activities that breach these Terms of Use. While we are not obliged to monitor the activities of any user on the Site, you acknowledge and agree that we may use technology designed to detect and block inappropriate content that breaches any of the restrictions set out in clause 5 above. We reserve the right to edit your submission, to refuse to post or to remove any information or materials (in whole or in part) that we determine (at our sole discretion) breaches these Terms of Use. To the maximum extent permitted by law, we are not liable to you and assume no responsibility to you for any loss or damage which you may incur or which you claim you suffered as a result (either directly or indirectly) of our exercise of rights conferred on us by this clause.

8. Links to Third Party Sites. The Site may contain links or produce search results that reference links to third party websites (collectively, Linked Sites). You acknowledge and agree that we have no control over these Linked Sites or their content. We do not assume any responsibility or liability to you for any of the Linked Sites or their content. We do not endorse or approve the owner or operator of a Linked Site, nor do we endorse the content of any Linked Site, notwithstanding that we may provide a link to the Linked Site on this Site. We do not warrant to you that a Linked Site will be free from any computer viruses or other harmful code that can impact your computer or other device you use to access any website. By using the Site to search for or to link to another site, you acknowledge and agree that such use is entirely at your own risk. To the maximum extent permitted by law, we are not liable to you and we do not assume any responsibility to you for any loss or damage which you may suffer or incur as a result of your visit to or your reliance on the content of any Linked Site.

9. Site Access. To the maximum extent permitted by law, we do not represent or warrant to you that the Site will be error free or uninterrupted or that you will obtain specific results from your use of the Site or any of the Site Content, search or link on the Site. The Site and the Site Content are delivered to you on an “as is” and “as available” basis. When you access the Site, you acknowledge that you do so at your own risk. Although we use our reasonable endeavours to ensure that the Site Content is free from viruses and other harmful code, we do not represent or warrant to you that materials that you download from the Site will be free from viruses or other harmful code. You acknowledge and agree that the Internet is an inherently insecure medium, that no data transmission over the Internet can be guaranteed as being totally secure and that your data that you transmit to us is transmitted to us at your own risk. To the maximum extent permitted by law, we expressly disclaim to you: (a) all warranties (express or implied) or guarantees under Australian Consumer Law, of merchantability, acceptable quality or fitness for a particular or disclosed purpose; (b) any responsibility or liability for the accuracy, content, completeness or legality of information available through the Site; and (c) any responsibility or liability to you for harm resulting from your downloading or accessing information through the Site, including harm caused by viruses or other harmful code. Although we have exercised reasonable care in relation to the Site and the Site Content, the Site Content may nevertheless contain inaccuracies or typographical errors. You acknowledge and agree that your use of the Site and the Site Content is at your own risk. Where we cannot exclude the consumer guarantees, rights and remedies conferred on you by the Australian Consumer Law, then, to the fullest extent permitted by law, our liability to you for a breach of such consumer guarantees, rights and remedies will be limited as set out in clause 11 below.

10. Disclaimers. You acknowledge and agree that the content on the Site (including the Site Content) is provided for general informational purposes only and is not intended as, nor should it be considered a substitute for, professional medical advice. This Site may contain references to products that may be available without prescription in your country, but you should consult your doctor or pharmacist if you have any concerns whether the products are suitable for you. We cannot and do not offer personalised medical diagnosis or patient-specific treatment advice. You acknowledge that your use of the Site and the Site Content contained in the Site is voluntary. You acknowledge and agree that we make no representations or warranties to you with respect to the information contained on the Site. To the maximum extent permitted by law, we have no liability to you in relation to the information contained on the Site. If you have or suspect that you have a medical problem, you should promptly contact an Australian health practitioner.
This Site may contain information about Firebrick’s commercial operations, planned endeavours and other forward looking statements. No representations or warranties are made whatsoever as to the completeness, reasonableness or accuracy of any assumptions, estimates, projections, forecasts, calculations or forward looking statements on this Site. Firebrick assumes and undertakes no obligation to publicly release or update the results of any information or forward looking statements to reflect changes after the date the information or statements were made.

11. Limitation of liability. To the maximum extent permitted by law, under no circumstances, including (but not limited to) breach of contract, tort or negligence, will we be liable to you for any direct, indirect, special, incidental, punitive, exemplary or consequential damages (including lost profits or lost revenue) that arise out of or are related to your access to or use of the Site and the Site Content. To the extent that we cannot lawfully exclude any term, guarantee or liability to you under any legislation, then to the maximum extent permitted by law, we limit our liability to you to the cost of resupplying the products and/or services to you and you agree that such limitation of liability is reasonable in the circumstances.

12. Indemnity. To the maximum extent permitted by law, you agree to defend, indemnify and hold harmless us and our subsidiaries, related bodies corporate, directors, officers, employees and contractors from any liability owed to third parties arising from or related to your breach of any of these Terms of Use.

13. Amendments to these Terms of Use. We may modify and amend these Terms of Use from time to time and at any time. Any such modifications or amendments will take effect the first time you access the Site following our publication of the amended or modified Terms of Use.

14. Assignment. These Terms of Use are personal to you and cannot be assigned or novated to any third party (either in whole or in part). We reserve the right to assign our rights and obligations under these Terms of Use to any third party without notice to you.

15. General. These Terms of Use shall be governed in all respects by the laws of the State of Victoria, Australia. Each party agrees to submit to the non-exclusive jurisdiction of the courts of the State of Victoria with respect to any dispute arising out of or in connection with this agreement. if any provision of these Terms of Use is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall have full force and effect. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such provision. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This agreement and the terms and conditions set out herein set out the entire understanding and agreement made between us and you with respect to the subject matter hereof and supersede any prior understanding, whether written or oral.

16. Survival. The following provisions shall survive the termination or expiry of these Terms of Use and shall continue indefinitely: (a) clause 2 (Ownership and reservation of rights); (b) clause 9 (Disclaimer of warranties); (c) clause 11 (limitation of liability); (d) clause 12 (indemnity); (e) clause 14 (Assignment); (f) clause 15 (General); and (g) clause 16 (Survival).

17. Privacy and the relationship of these Terms of Use to our Privacy Policy These Terms of Use should be read in conjunction with our Privacy Policy. To the extent that these Terms of Use conflict with the terms of our Privacy Policy, then the Privacy Policy shall prevail. Without limiting the Privacy Policy, we take all reasonable steps to protect the privacy of your personal information collected in the course of your access and use of the Site. We may from time to time use personal information collected about you and/or disclose such personal information to third parties in accordance with our Privacy Policy. We may also use cookies and other similar technology to collect information about you when you visit our Site. For further information on how we handle information collected via the use of cookies and similar technology, please refer to our Privacy Policy.

18. Social media and website usage. These Terms of Use should be read in conjunction with our Social Media and Website Usage Policy. To the extent that these Terms of Use conflict with the terms of our Social Media and Website Usage Policy, then the Social Media and Website Usage Policy shall prevail.

19. Contact us. If you have any queries regarding these Terms of Use, or your dealings with us, please contact us at:
enquire@firebrickpharma.com
Level 10, 440 Collins Street
Melbourne VIC 3000
Australia

20. Effective date. The effective date of these Terms of Use is 13/12/2021

21. Copyright and Legal Notice. Copyright © 2022 Firebrick Pharma Limited. All Rights Reserved.