Terms and Conditions - Support Request



PLEASE REVIEW THESE TERMS OF USE CAREFULLY. BY CLICKING "I ACCEPT" OR BY CONTINUING TO USE THIS APPLICATION, YOU, INDIVIDUALLY AND AS AN AUTHORISED OFFICER OF YOUR COMPANY AGREE TO THE TERMS OF USE SET FORTH BELOW.]



“Terms of Use: 

 

Roche Diagnostics Australia Pty Ltd (ABN 29 003 001 205) (Roche) provides functionality available online, including via a mobile application to log support and service requests in respect of any Support Plan for Roche instruments (the “Service”).  These terms of use govern your access to and use of this Service each time you access or use the functionality. If you do not agree to any of these terms or conditions, then you should immediately cease accessing and using the Service. If you have any questions about these Terms of Use (the “Terms”), please email us at [insert address].  These Terms do not in any way vary any terms that govern the Support Plan. If you are accessing or using the Service on behalf of your company and/or institution, you represent that you are authorised to accept these Terms on behalf of your company, and all references to "you" reference your company.

 

1. ACCOUNT REGISTRATION AND USE

1.1 Account Registration and Confidentiality. To access the Service, you must register for a Roche account by creating a user name and password (“Account”). You agree to provide us with accurate, complete, and current registration information about yourself. It is your responsibility to ensure that your password remains confidential and secure. By registering, you agree that you are fully responsible for all activities that occur under your user name and password. 

 

1.2 Unauthorised Account Use. You are responsible for notifying us at [australia.dia_privacy-request@roche.com] if you become aware of any unauthorised use of or access to your Account. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your Account. 

 

2. YOUR OBLIGATIONS

2.1 You must only use the Service in accordance with these Terms and at all times in accordance with all laws applicable to you. You will not use the Service or submit any User Content to do the following: 

(i) 

 (a) Publish, post, distribute or process any information that consist of or would disclose personal information or personal sensitive data concerning health of individuals under the Privacy Act 1988 (Cth) and other privacy laws; 

(b) Publish, post, distribute or disseminate any defamatory, infringing, obscene, indecent or , fraudulent or unlawful material or information or which contains confidential information of another person or material that is not relevant or related to the a service request under the Support Plan; 

(c) Upload or attach files that contain software or other material protected by intellectual property laws (or by rights of privacy and publicity) unless you own or control the rights thereto or have received all requisite consents as may be required by law; 

(d) Upload or attach files that contain viruses, corrupted files or any other similar software or programs that may damage the operation of another’s computer; 

(e) Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded;

(f) Falsify the origin or source of software or other material contained in a file that is uploaded. Roche is not liable for any of your conduct or content uploaded to the Service

(g) interfere in any way with the operations in the Service including but not limited to mail or post bombing, other flooding techniques, deliberate attempts to overload a system and/or broadcast attacks.

 

2.2 You will defend, indemnify, and hold harmless us from and against any claim by a third party arising from or related to: (a) your use or attempted use of the Service in violation of these Terms, (b) your violation of any law or rights of any third party, or (c) any User Content you submit to the Service, including without limitation any claim of infringement, misappropriation, or violation of any intellectual property, privacy, or other rights.

3. COPYRIGHT AND TRADEMARKS

3.1 Unless otherwise indicated, intellectual property in all materials, documents, information, data, images, logos and trademarks that we provide to you or which are contained on the website is owned by or licensed to us or our affiliates and all rights are reserved.

3.2 You must not use any trademarks, service marks or logos which appear or are used on the Service (or any related documents or materials), or do anything to prejudice the rights of the owner or licensee of such trademarks, services marks or logos.

 

4. USER CONTENT ON THE SERVICE. 

User Content submitted to the Service is owned and controlled by you. Roche maintains a limited, non-exclusive and non-transferrable  license to access, use, copy, reproduce, process, adapt, publish, transmit, host, and display User Content for the following limited purposes: (i) to maintain, provide and improve the Service; (ii) to prevent or address technical or security issues and resolve support requests; (iii) to investigate when we have a good faith belief, or have received a complaint alleging, that the User Content is in violation of these Terms; (iv) to comply with a valid request at law; and (v) as otherwise set forth in these Terms or as expressly permitted in writing by the Customer.

 

5. TERMINATION

Roche may at any time, without cause and/or prior notice, immediately terminate or suspend your Account and access to the Service. Cause for such termination shall include, but not be limited to: (a) violations of these Terms or any other policies or guidelines that are posted on the Service; (b) a request by you to cancel or terminate your Account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) unexpected technical or security issues or problems; (g) your participation in fraudulent or illegal activities; or (h) where your account has been deactivated for inactivity as set forth above. Any such termination or suspension shall be made by Roche in its sole discretion. Upon termination of your account you lose all access to the Service, any data stored thereon, and your Account. Roche will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account and/or access to the Service.

6. PRIVACY AND CONFIDENTIALITY

We will use reasonable endeavours to keep your personal information private in accordance with the provisions of our Privacy Policy [https://www.roche-australia.com/en_au/privacy.html]. 

You must keep confidential all information provided by us to you of a confidential nature and must not disclose or use that information for any purposes other than that for which the information was provided.

 

7. LIMITATION OF REMEDIES AND DAMAGES.

7.1 Consequential Damages Waiver. Roche shall have no liability arising out of or related to these terms for any loss of use, lost or inaccurate data, lost profits, interruption of business, costs of delay or any indirect, special, incidental, reliance or consequential damages of any kind, even if informed of the possibility of such damages in advance.   

7.2 Liability Cap. Roche’s entire liability to you arising out of or related to these Terms or your access to or use of the Service shall not exceed $10 000.  

 

8. VIRUS WARNING

Roche do not warrant that any data (including any file) obtained through the Service is free from computer viruses or other faults or defects. It is your responsibility to ensure that you use appropriate virus scanning software. Roche will not be liable for any loss or damage caused (whether negligently or otherwise) by any virus transmitted through the Service.

 

9. ENTIRE TERMS AND CONDITIONS

These terms and conditions incorporate the entire understanding between you and us with respect to the subject matter of this agreement and supersede all prior oral and written communications and proposals.

We may from time to time vary or amend these terms and conditions by posting changes to these terms and conditions online, including via a mobile application.

 

10. GOVERNING LAW

This agreement is governed by the laws in force in New South Wales, Australia and you submit to the non-exclusive jurisdiction of the courts of Victoria, Australia and any courts, which may hear appeals from those courts in respect of any proceedings in connection with or arising out of this agreement or the Service.