INTERNET POLICY OF ADVANCED MEDICAL OPTICS AUSTRALIA PTY LIMITED.

1. INTRODUCTION AND YOUR AGREEMENT TO BE BOUND
2. SYSTEM INTEGRITY AND USER CONDUCT
3. PRIVACY
4. DISCLAIMERS
5. INTELLECTUAL PROPERTY AND USE OF SITE AND CONTENT
6. MISCELLANEOUS.
7. CONTACT

 

1. INTRODUCTION AND YOUR AGREEMENT TO BE BOUND

1.1 This internet policy is referred throughout the following as the “AMO Internet Policy”.

1.2 We encourage you to read carefully the terms of the AMO Internet Policy.

1.3 Advanced Medical Optics Australia Pty Limited ("AMO") maintains this website (the "Site") to provide you with information about AMO and its products and services. By accessing and using the Site, you indicate your agreement to be bound by the terms of the AMO Internet Policy.

1.4 If you do not agree to the terms of the AMO Internet Policy then please do not use the Site.

1.5 AMO reserves the right at its discretion to update or revise the AMO Internet Policy or any part of it at any time. You should check the AMO Internet Policy periodically for changes. Your continued use of this Site following the posting of any changes to the AMO Internet Policy constitutes your acceptance of those changes.

 

2. SYSTEM INTEGRITY AND USER CONDUCT

2.1 This Site is designed for use by persons in Australia. AMO makes no representation that the materials or services on this Site are appropriate or available for use outside of Australia. Any access to them from territories where their contents are illegal is prohibited. You may not use, export or re-export the materials or services on this Site. If you access this Site from outside of Australia, you hereby agree to comply with any applicable local laws and regulations.

2.2 You must not use this Site to:
• impersonate or otherwise misrepresent your identity, age or affiliation with any other person or entity (including where the Site requires you to register in order to use it);
• post or transmit to or from this Site junk, obscene, indecent, pornographic, offensive, libellous, defamatory, unlawful, ethically objectionable or threatening electronic mail or "spam" to people who would not wish to receive mail from you;
• falsify or delete any attributions, legends, or other proprietary designations of origin or source of any content of this Site;
• interfere with or disrupt this Site or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site;
• attempt to gain unauthorised access to this Site or computer systems or networks connected to this Site through any means;
• commit forgery (or attempted forgery), harass any individual, or harm minors in any way;
• collect, store, post, disclose or transmit personal data about other users, including without limitation tax file number information and email addresses;
• email, post or transmit any material that you do not have a right to email, post or transmit (such as inside information or confidential information);
• email, post or transmit any material that infringes the rights (including without limitation, copyright, patent, trade mark, trade secret or other proprietary rights) of any party; or
• violate any applicable state, Commonwealth or international law, convention or regulation, including without limitation any Australian export laws and regulations;

2.3 You are responsible for maintaining the confidentiality and security of any passwords and/or identification or login information for this Site. You agree to notify AMO immediately of any unauthorised use of your password or any other breach of security.

 

3. PRIVACY

3.1 Right to Online Privacy

3.1.1 AMO values you as a customer and respects your right to online privacy while using this Site. AMO is committed to protecting your privacy while you are using the Site. Any information you provide to AMO will be maintained in the strictest confidence within the internal computer systems of AMO and its affiliates in accordance with the AMO Internet Policy.

3.1.2 AMO and its affiliates use appropriate security measures to protect your personally identifiable information against unauthorized access, use or disclosure. Security measures include the use of firewalls and secure data storage facilities.

3.1.3 AMO is bound by the National Privacy Principles in the Privacy Amendment (Private Sector) Act 2000 (the “National Privacy Principles”) and is committed to complying with the National Privacy Principles and the Commonwealth Privacy Act 1988.

3.2 Information collected on the Site

Information collected on the Site comes in two forms:

Anonymous Information.
AMO collects limited non-personally identifying information made available by your browser whenever you visit this Site. Such non-personally identifying information includes your Internet Protocol ("IP") address, your browser type, the time of your visit, the length of your visit and the pages accessed during your visit. This non-personally identifying information is used to help AMO operate and improve the Site.

Personally Identifiable Information.
Some areas on the Site allow you to contact AMO to request product or other information or to apply for employment with AMO. In these areas on the Site you are asked to provide AMO with certain personally identifiable information (such as your name, postal address, email address and phone number) to enable AMO to respond to your inquiry or request.
3.3 Updating of Information

AMO is happy to provide you with details of personally identifiable information held about you on its customer file and allow you to update it. To access this information, you need to email or write to AMO using the contact details in paragraph 7 below.
3.4 Use of Information
3.4.1 The personally identifiable information with which you provide us when using the Site (such as your name, postal address and email address) will be kept confidential and used to respond to your specific inquiry or request or otherwise for the purpose for which it is collected.

3.4.2 AMO may also use personally identifiable information to provide you with information about AMO® products, promotions or special offers or otherwise to communicate with you.

3.4.3 AMO may share your personally identifiable information with certain third parties engaged by it to perform functions on its behalf. For example, AMO may use third parties for data storage and customer communications. These third parties are prohibited from using your personally identifiable information for any purpose other than to provide services to AMO and they are required to maintain the confidentiality of your information.

3.4.4 AMO will release your personally identifiable information if required or authorised to do so by law or under the National Privacy Principles,

3.4.5 AMO may share aggregated, non-personally identifiable information with others to help it to operate and improve the Site. For example, AMO might share with a third party service provider information relating to the number of users that accessed a particular page or feature on the Site during a particular month.

3.4.6 An opportunity to opt out of any electronic communication will be provided on the Site and within every electronic message you receive from AMO.

3.5 Transborder data flow of personal information

AMO is part of an international group of companies owned by Advanced Medical Optics, Inc., based in California, U.S.A., and in using this Site you give your consent as required by Principle 9 of the National Privacy Principles to the transborder flow of your personal data between all and any of the affiliates of AMO.
3.6 Children

This Site is not aimed at children and does not knowingly accept personally identifiable information from children under the age of 18.
3.7 Other Web Sites

AMO is not responsible for the privacy practices of websites linked to or from this Site

3.8 Technical considerations for the Site

3.8.1 For any transaction based activity this Site utilizes Secure Socket Layer (SSL) and Secure Hypertext Transfer Protocol - HTTPS with 128Bit Encryption as a Web protocol to make certain that encryption and decryption for each of your page requests is maintained.

3.8.2 During the initial logon to this Site, a cookie is placed on your computer for the sole purpose of tracking which website pages(s) you visit. The information will not be used to collect any other information about you.

3.8.3 A "cookie" is a small amount of data sent to your browser by a website and stored on your computer's hard drive. Cookies are used to collect non-personally identifiable information about visitors to websites, which allows website owners to operate and improve their sites. When you visit a site, cookies may be used to collect information such as your IP address, information about your browser type and operating system, the domain name from which you accessed the website, the number of times you have visited the website, the date you visited the website and the pages you viewed within the website. Most browsers allow you the option of accepting all cookies without notice, rejecting all cookies without notice or receiving notice when a cookie is sent to you so you can choose to accept or reject it. Please note, however, if you choose to reject cookies, some features on this Site may not function properly.

3.9 Changes to the way AMO protects your privacy

3.9.1 AMO reserves the right to change the privacy provisions of the AMO Internet Policy from time to time. Any such changes will be immediately posted to this web page.

3.9.2 If AMO makes any substantial changes in the way it uses your personally identifiable information it will provide a prominent notice of the change on the Site.

 

4. DISCLAIMERS

4.1 Use of Site at own risk
You agree that use of this Site is at your sole risk. You accept all risks and responsibility for all loss, damage, costs and other consequences resulting from using this Site or the material on or accessible through this Site, or from relying on or using any advice given or information provided by any person or entity mentioned on or accessible through this Site

4.2 Links to other sites.

4.2.1 The Site may contain links to other independent third party websites. Such links are provided solely as a convenience to users of this Site. AMO does not control, is not responsible for, and does not endorse the content of such third party sites. You enter such third party sites at your own risk.

4.2.2 The Site may contain links to websites of affiliates of AMO including Advanced Medical Optics, Inc. and AMO does not control and is not responsible for the content of such sites. Responsibility for such sites lies with the relevant affiliate of AMO and access to such sites is governed by the terms of use and internet policies contained within those sites.

4.3 No substitute for professional medical advice and information

4.3.1 The information on the Site is provided for general information purposes only, and is not intended to be a substitute for professional medical advice, diagnosis or treatment by a qualified medical practitioner.

4.3.2 Information about AMO's products provided on the Site is not intended to be a substitute for the printed information and use instructions provided with AMO's products. Any questions you may have concerning the diagnosis or treatment of a medical condition should be directed to your doctor or other qualified healthcare provider.

4.4 No guarantee as to accuracy

AMO does not guarantee that the Site or any Content will be accurate, error free or uninterrupted, or free from viruses or other harmful components or that any defects will be corrected. The information provided on this Site is provided on an "as is" and “as available" basis.

4.5 No warranties

To the maximum extent permitted by law AMO disclaims all warranties of any kind, express or implied, including without limitation any warranties of merchantability, fitness for a particular purpose and non-infringement.

4.6 Exclusion of liability

4.6.1 To the maximum extent permitted by law under no circumstances shall AMO or its officers, directors, employees, agents or related bodies corporate be liable or responsible in any way and in particular for any direct, indirect, Incidental, consequential, special, multiple, exemplary, punitive or other damages (including, without limitation, loss of or damage to data, loss of income, loss of opportunity or profits, costs of recovery, costs of substitute products or the like, however caused and on any basis of liability, including breach of contract, tort (including negligence), strict liability or otherwise), even if advised of the possibility of such damages.

4.6.2 Your sole and exclusive remedy relating to your use of the Site and its Content shall be to discontinue using the Site.

4.6.3 Where the laws of any country or state in which the AMO Internet Policy is effective imply into the AMO Internet Policy any term, condition or warranty, and those laws avoid or prohibit provisions in a contract excluding or modifying them, then the term, condition or warranty shall be deemed to be included in the AMO Internet Policy (but only so far as required by such laws) provided that any liability of AMO and its officers, directors, employees or agents for a breach of any such term, condition or warranty, including any economic or consequential loss which you may sustain, shall be limited to the maximum extent permitted or required by the law of that country or state.

 

5. INTELLECTUAL PROPERTY AND USE OF THE SITE AND ITS CONTENT

5.1 Site and Content protected

The Site and all content of the Site, including but not limited to trademarks, logos, service marks, brand identities, characters, trade names, graphics, designs, copyrights, trade dress, text, images, photographs, designs, sounds, computer code and look and feel and control features of the Site and all other intellectual property, (collectively referred to as the "Content") is owned, controlled or licensed by or to AMO and /or one of its affiliates and is protected by copyright and other intellectual property rights with all rights reserved. This includes the entire Content of the Site copyrighted and protected as a collective work.
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5.2 No commercial or business use of Site permitted

Except as expressly provided in the AMO Internet Policy neither the Site nor the Content or any part thereof may be modified copied, reproduced, published, framed, hyperlinked, uploaded, posted used, transmitted displayed or distributed in any way without AMO's express prior written consent.

5.3 Personal non-commercial use

You may use information on AMO's products and services made available for downloading from the Site for your personal, non-commercial use only provided you do not remove any copyright or other proprietary notices.

5.4 Trademarks

5.4.1 Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed on the Site

5.4.2 AMO lists below exemplary intellectual properties, including but not limited to brand identities, characters, trade names, graphics, designs, copyrights, trade dress, and other proprietary indicia and source indicators of AMO and its affiliates. Kindly contact AMO for further detailed information as to patent rights, which may apply to any aspect of listed products, their usage, manufacture, component parts, appearance or inherent benefits, worldwide. The following list is not exhaustive.

Advanced CustomVue™, Baerveldt^®, Blink™ Contacts, COMPLETE^®, Blink-N-Clean™, Clariflex^®, COMPLETE^® Comfort PLUS™, COMPLETE^® Easy Rub™, OmniCare^® 1-Step, Lens Plus™ OcuPure™, Consept^®F, Consept^® 1 Step, CustomVue™, Healon^®, IntraLase FS™, IntraLase Method™, IntraLasik™, Oxysept^® 1 Step, ReZoom™, Sensar^®, Sovereign^®, Sovereign^® Compact™, Star S4 IR™, Tecnis, Total Care 1™, UltraCare^®, Ultrazyme^®, Veriyse™, Veriflex™, WhiteStar^®, WaveScan Wavefront^®.

GOOD HOUSEKEEPING is a registered trademark of Hearst Communications, Inc.

RENU and MULTI-PLUS are registered trademarks of Bausch & Lomb,
Incorporated.

OPTI-FREE and EXPRESS are registered trademarks of Alcon Manufacturing, Ltd. And REPLENISH is a registered trademark of Alcon, Inc.

 

6. MISCELLANEOUS.

6.1 Governing law, jurisdiction, venue and limitations.

In accessing the Site you agree that the laws of the state of New South Wales, shall govern the AMO Internet Policy and all matters relating to your access to or use of the Site, including any dispute that may arise between you and AMO or its affiliates. You agree to the personal jurisdiction and venue of the state and federal courts in New South Wales, and waive any objection to such jurisdiction or venue.

6.2 Void, unenforceable or invalid provisions

If any provision of the AMO Internet Policy is held by a court or other tribunal of competent jurisdiction to be void, unenforceable or invalid, such provision shall be limited or reduced to the minimum extent necessary so that the AMO Internet Policy will otherwise remain in full force and effect.

6.3 Entire Agreement

6.3.1 The AMO Internet Policy constitutes the entire agreement between you and AMO with regard to your use of the Site, and supersedes all prior and contemporaneous representations, communications, agreements and understandings between you and AMO with respect to the subject matter hereof.

6.3.2 The AMO Internet Policy cannot be modified or supplemented except in writing expressly stated for such purpose and signed by you and AMO.

6.3.3 AMO's failure to insist upon strict performance of any provision of the AMO Internet Policy or to exercise any right arising out of it shall not constitute a waiver of that provision or right of action, in whole or in part in that instance or in any other instance

6.4 Paragraph headings

The paragraph headings in the AMO Internet Policy are intended for guidance only and shall not affect or limit in any way the provisions of the AMO Internet Policy.

6.5 Effective Date

Effective Date of the AMO Internet Policy is 1st May 2007

 

7. CONTACT

AMO can be contacted at: