In these terms and conditions, the terms «we », «us» and «our» are a reference to Air Liquide Healthcare Pty Ltd ACN 002 653 045 (ALH).

This website (Website) is owned by ALH and is designed to conveniently allow contract facilitators/administrators to monitor orders, deliveries and client equipment details (Approved Purpose). These terms and conditions (which incorporate our Privacy Statement below) apply to your use of this Website, including entries made by you.

If you do not accept these terms and conditions, your application to be a member of OxySmart^TM cannot be accepted. By proceeding to use this Website, you agree to be bound by these terms and conditions.

Amendments to Terms and Conditions

These terms and conditions may be subject to change from time to time and ALH will take reasonable steps to notify you of amendments where it is reasonably practicable to do so (either directly or through notifications on the Website). Your continued use of the Website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.

Membership of OxySmart^TM

To become a member of OxySmart ® , you will be initially registered by ALH and complete your registration details in the manner described on the Website. Membership is free, but not transferable.

By registering as a member and using this Website, you agree that:

• you must keep your password confidential and secure;
• you will not authorise any other person to use your password or your computer to access the Website;
• you indemnify us against any use of your password or ID by a third party;
• you indemnify us against any claim by a third party arising out of your breach of these terms;
• other than our obligations under relevant privacy legislation and as set out in the Privacy Statement, we are not responsible for any information or material submitted by you to the Website; and
• any material you post on this Website may be removed without notice at any time.

Using the Website

ALH grants to you a non-transferable, non-exclusive license to access, download and use this Website solely for the Approved Purpose. We may in our sole discretion add, delete, or change some or all the services included within the Website at any time, or terminate this license. All materials, including but not limited to the configurations, displays, screens, and all information appearing on or displayed in connection with or contained by ALH on this Website are protected under applicable laws.

The Website and content on the Website are the property of ALH (or licensed to ALH by third parties), and are protected by Australian and international copyright, trademark law and other intellectual property laws. ALH owns, reserves and retains all proprietary rights, including copyrights, to this Website and its content. The trademarks, service marks, trade names, logos and other indications of origin, including but not limited to, ALH's domain name, displayed on this Website are registered and unregistered trademarks of ALH or a third party who has granted ALH a right to use them in this site.

Nothing contained in this Website should be construed as granting you any license or right to use any trademark displayed on the site without the written permission of ALH or such third party. ALH and/or third-party content providers remain the owners of the information on this Website. Your license to use the Website is personal to you, and you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the functionalities of the Website.

Nothing contained in this Website should be construed as granting you any license or right to use any trademark displayed on the site without the written permission of ALH or such third party. ALH and/or third-party content providers remain the owners of the information on this Website. Your license to use the Website is personal to you, and you do not acquire any of those ownership rights by printing or downloading any of the information or making use of the functionalities of the Website.

You agree that you must take your own precautions to ensure your access to the Website does not expose you to the risk of viruses, malicious computer code or other forms of interference that could damage your computer, and we accept no responsibility, and are not liable to you, for any interference or damage to your computer system which arises in connection with your use of our Website.

Information Service

All information provided by us on the Website is provided in good faith and with due skill and care. We provide you with access to patients’ personal information which has been supplied to us(Personal Information).

You accept that any material or content we provide on this Website is general in nature. It is NOT in the nature of legal, medical or professional advice and is NOT fit for that purpose. You acknowledge that the material is for evaluative purposes only and is not intended to be relied upon by, or to create any warranty to, any visitor to the Website or any other person. In particular, you should make your own enquiries and seek independent advice from relevant medical, health or other competent industry professionals before acting in reliance on the material posted on this site. To the extent permitted by law, we are not liable to you or any third party for any loss resulting from any action taken in reliance on any material posted by us.

You are authorised to print a copy of any Personal Information or material contained on this Website for the sole purpose of providing medical advice, patient care or for the Approved Purpose, unless such printing is expressly prohibited. You must not adapt, reproduce, store, distribute, transmit, publish or create derivative works from any downloaded or printed material, or use it in an unlawful way. You may not, without our permission, use any material on this Website on any other website or networked computer environment, or sell or otherwise commercialise any material on this Website.

Internet Security

ALH is committed to securing data collected on our Website. We offer the industry standard security measures available through your browser called Secured Socket Layer ('SSL') encryption. Our SSL server encrypts information before sending it to us. In addition, at several points within our site we highlight specific security information by displaying the appropriate symbol. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be absolutely secure. We strive to protect your Personal Information by implementing these security precautions, but we cannot ensure or warrant the security of any information you transmit to us or from our online products or services. You do so at your own risk.

Disclaimers and limitations of liability

ALH makes reasonable commercial efforts to:

• you must keep your password confidential and secure;
• monitor the quality and accessibility of the Website and updates information contained on it from time to time; and
• monitor the security of the Website including to protect the Website from unauthorised access and computer viruses,

But ALH does not give any warranties or guarantees about the information, accessibility, availability or the security of the Website or its contents. Subject to any express written agreement between you and ALH to the contrary and to the extent permitted by law:

• the Website and its contents are provided on an 'as is' basis;
• monitor the quality and accessibility of the Website and updates information contained on it from time to time; and
• you agree to use the Website and any information on it strictly at your own risk; and
• ALH disclaims all express or implied warranties of any kind including, without limitation, as to accuracy, reliability, currency, adequacy, completeness, merchantability, fitness for a particular purpose and non-infringement of third party rights.

Where legislation implies any condition or warranty that cannot be excluded, ALH’s liability under any such condition or warranty will be limited to:

• in respect of goods ALH has supplied:
  
  • replacing the goods or supplying equivalent goods;
  • repairing the goods;
  • paying the cost of replacing the goods or of acquiring equivalent goods; or
  • paying the cost of having the goods repaired;
• in respect of services supplied:
  
  • replacing the goods or supplying equivalent goods;
  • resupplying the services; or
  • paying the cost of having the services supplied again.

Third party tools or websites

ALH makes no representations about the accuracy of, adequacy, completeness, merchantability, fitness for a particular purpose or non-infringement of third party rights by any available third party tool or by any linked third party website or materials on them. ALH takes no responsibility for the content contained in or on those tools or websites. These tools and links are provided for convenience and in good faith but may not be or remain current and/or accurate.

ALH PRIVACY STATEMENT

The privacy and the security of your information are important to us. We are committed to complying with the Privacy Act 1988 (Cth), the Australian Privacy Principles (“APPs”) and other applicable privacy legislation.

In Australia, Air Liquide Healthcare Pty Ltd collects, uses, discloses, stores and retains Personal Information in accordance with our Privacy Policy which can be accessed via the link below.

Click here to view the Privacy Policy