Terms of Use

In these Terms of Use, reference to “we”, “our”, “us”, or “Nanosonics” is a reference to Nanosonics Limited ABN 11 095 076 896.

These Terms of Use govern your use of the following websites:

By continuing to use our Website, you agree to comply with these Terms of Use. If you do not agree to these Terms of Use, please do not use our Website.

1. Use of the Website

1.1 You must use the Website in a responsible and co-operative manner, in accordance with all of our terms, rules and policies, as we may update from time to time, and in accordance with all laws.

1.2 These Terms of Use do not relate to your use of any product, service, process or technology described on our Website and you are referred to the individual product warranty relevant to that particular product, service, process or technology.

1.3 It is your responsibility to ensure that your use of the Website complies with the Terms of Use and to seek prior written permission from Nanosonics for any uses not expressly permitted.

1.4 Nanosonics prohibits the use of the Website, for any of the following:

(a) transmitting or posting any message, information, data, text, software or images, or other materials (Content) that is unlawful, harmful, threatening, abusive, harassing, sexually explicit, defamatory, vulgar, obscene, libellous, hateful, racially, ethnically or otherwise objectionable or invasive of another’s right of privacy;
(b) impersonating any person or entity or to falsely state or to otherwise misrepresent your affiliation with a person or entity;
(c) posting or transmitting any Content that you do not have a right to reproduce, display or transmit or that infringes the rights of any person, or entity;
(d) posting or transmitting any Content that contains a virus or corrupted data;
(e) using any device, software, or routine that interferes with or attempts to interfere with the proper functionality of the Website; and
(f) attempting to decipher, decompile, disassemble or reverse engineer any of the software that makes up the Website or the Materials or for the purpose of creating derivative works from the Website.

2. Your Content

2.1 If you are invited to post Content on the Website by Nanosonics, Nanosonics reserves the right (but assumes no obligation) to remove or amend any such Content. Nanosonics reserves the right not to accept unsolicited Content or other material.

2.2 By submitting any Content to any public or non-public areas of this Website, you automatically grant Nanosonics a royalty-free, irrevocable, non-exclusive, transferable right (including any moral rights) and licence to use, reproduce, modify, adapt, publish, distribute, translate, create derivative works from, perform and display such content (in whole or part) worldwide or to incorporate it in other works in any form, media, or technology now known or later developed, without restriction or compensation.

2.3 You also warrant that the holder of any rights, including moral rights in such Content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant to Nanosonics the rights and licence stated above.

3. Career information

Nanosonics may from time to time request applications from people interested in seeking employment with Nanosonics. Nanosonics may not confirm receipt or otherwise respond to an employment application but will endeavour to retain such application for a period 6 months from the date of receipt. Nanosonics will protect your employment application in accordance with the Nanosonics Privacy Policy.

4 Information displayed on our Website

All health, medical and other information displayed on our Website, if any, is presented in summary form only and is intended to provide general consumer understanding of the intended operation and benefits of Nanosonics’ products displayed from time to time on this Website. Detailed information about the operation of Nanosonics’ products may be obtained by contacting us. Information on the operation and maintenance of Nanosonics’ products will also be supplied at the time of purchase and installation of Nanosonics’ products. The information displayed on this Website must not be relied on as your sole source of information for the operation and maintenance of Nanosonics’ products.

5 Privacy

5.1 These Terms of Use apply in conjunction with our Privacy Policy (available on our Website at: https://www.nanosonics.com/privacy), as updated by us from time to time.

5.2 You acknowledge and accept that will collect, hold, use and disclose the personal information we collect from you in accordance with all applicable laws and our Privacy Policy. If you have any questions or concerns about your privacy and the information we collect, please contact us.

6. Intellectual Property

6.1 Nanosonics owns all rights, title and interest (including present and future copyright) in its Website. All materials including domain names, names, text, graphics, images, photographs, illustrations, diagrams, logos, buttons, icons, software, and all products, services, processes and technologies described on our Website (Material) are owned exclusively by Nanosonics, its related bodies corporate or others who have licensed their material to Nanosonics (unless expressly indicated otherwise).

6.2 Nanosonics grants to you a personal, royalty-free, non-transferable, non-assignable and non-exclusive licence to use its Website. You may use the Website and view and access the Material only for your personal and non-commercial use. Nothing in these Terms of Use or the Website shall be construed as granting to you ownership of the Material or any proprietary right to the copyright, trade marks, patents or other intellectual property rights of Nanosonics, its related bodies corporate or any third party.

6.3 You may not:

(a) copy, modify, reverse-engineer, distribute, sell or lease any part of the Website or any other intellectual property on the Website without our prior written consent;
(b) use any trade mark or service mark appearing on this Website without the prior written consent of Nanosonics or the owner of the trade mark; or
(c) use any so-called ‘spider’ or similar automated software or device to use or access the Website or the Materials in any way.

6.4 For the avoidance of any doubt, the words ‘Nanosonics’ and ‘Trophon’, and all product and service names, design marks and slogans are the trade marks or service marks of Nanosonics.

7. Third party material

The Website may contain links or other connections to Websites operated by parties other than Nanosonics (Links). These Links are provided for convenience only. If you use a Link to access a third party Website, you do so entirely at your own risk. Nanosonics’ inclusion of Links or other connections to third party Websites does not imply any endorsement of the material on them or any association with their owners or operators. Websites accessed via Links may contain advertisements by other people. These advertisements are not recommendations or endorsements by Nanosonics and Nanosonics is not responsible for the products and/or services being advertised.

8. Warranties

8.1 To the maximum extent permitted by law and except as expressly provided to the contrary in these Terms of Use, Nanosonics makes no representations or warranties in relation to the products or services it provides. Unless expressly confirmed otherwise, Nanosonics makes no representation or warranty:

(a) as to the availability of any product, good, service, process or technology described on the Website;
(b) that the functions contained in the Website or your access to the Website will be error-free;
(c) that any defects on the Website or the Materials will be corrected;
(d) that any information, apparatus, product, software or process used or disclosed on the Website or any Material accessible from the Website will be accurate, up to date, complete or useful; or
(e) that the Website or the server which stores and transmits the Material to you are free from viruses or any other harmful components.

8.2 You represent and warrant, and it is a condition of using our products and services, including our Website, that:
(a) all information you provide to Nanosonics is accurate and is not, whether by omission of information or otherwise, misleading; and
(b) you do not rely upon any representation made to you by Nanosonics or any related body corporate of Nanosonics (if any) before entry into these Terms of Use.

8.3 Nanosonics relies on the warranties and representations made by you under these Terms of Use.

9 Limitation of Liability

9.1 To the maximum extent permitted by law, in no event will Nanosonics be liable to you for any loss or damage of any kind (including Consequential Loss as defined in clause 9.4 below) arising out of or in connection with:

(a) your use of, or your inability to use, our Website;
(b) delays or disruptions in our Website;
(c) viruses or other malicious software obtained by accessing our Websites or any Website or service linked to our Website or services;
(d) glitches, bugs, errors, or inaccuracies of any kind in our software, Website, systems or other services or in the information and graphics obtained from them;
(e) the content, actions, or inactions of third parties; or
(f) a suspension or other action taken with respect to your account.

9.2 To the maximum extent permitted by law and except as expressly provided to the contrary in these Terms of Use, any liability of Nanosonics for any loss or damage, however caused (including by negligence of Nanosonics), suffered by you in connection with these Terms of Use is limited to the amount of $1 (AUD). This limitation is an aggregate limit for all claims, wherever made.

9.3 Nothing in these Terms of Use is intended to exclude any liability that is unlawful to be excluded and any such term should be read as excluding such liability only to the extent permitted by law.

9.4 Nanosonics is not liable for any Consequential Loss however caused (including by the negligence of Nanosonics), suffered or incurred by you in connection with these Terms of Use, where Consequential Loss in this clause means:

(a) loss of revenue;
(b) loss of reputation;
(c) loss of profits;
(d) loss of bargain;
(e) loss of actual anticipated savings;
(f) lost opportunities, including opportunities to enter into arrangements with third parties;
(g) loss in connection with claims made by third parties; and
(h) loss or corruption of data.

9.5 If a consumer guarantee applies, or if the Competition and Consumer Act 2010 (Cth) or any other legislation does not permit Nanosonics to exclude or limit its liability as contemplated by these Terms of Use, those clauses in these Terms of Use do not apply to that liability and instead Nanosonics’ liability for such breach is limited to, at Nanosonics’ option:

(a) in the case of any good, the replacement or repair of the good, or the supply of equivalent goods, or the payment of the reasonable cost of repairing or replacing the goods or supplying equivalent goods; and
(b) in the case of any service, the supply of the service again or the payment of the reasonable cost of having the service supplied again.

9.6 If you have a dispute with any other party using Nanosonics’ goods or services, you release us from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.

10. Indemnification

10.1 You indemnify and hold us and each of our officers, directors and employees harmless from any claim or loss (including legal fees) arising out of or in connection with:

(a) your breach of these Terms of Use or any other agreement between you and Nanosonics;
(b) your breach of any law; and
(c) your breach of any right of a third party.

11. Termination

11.1 You can stop using our Website at any time without cost.
11.2 Nanosonics may, in its sole discretion and without prior notice to you, terminate your licence to access to the Website and the Materials if you breach these Terms of Use.

12. General

12.1 The laws of New South Wales, Australia govern these Terms of Use. Each party irrevocably submits to the non-exclusive jurisdiction of the courts of New South Wales, Australia and courts competent to hear appeals from those courts.

12.2 Where Nanosonics may exercise any right or discretion or make any decision under these Terms of Use, Nanosonics may do so in its absolute discretion, conditionally or unconditionally, and without being required to give reasons or act reasonably. This clause applies unless these Terms of Use expressly require otherwise.

12.3 Nanosonics may assign its interest under these Terms of Use without requiring your consent.

12.4 A clause or part of a clause of these Terms of Use that is illegal or unenforceable may be severed from these Terms of Use and the remaining clauses or parts of the clause of these Terms of Use continue in force.

12.5 These Terms of Use represent the entire binding agreement between you and Nanosonics, and our respective successors and assigns, and supersede any and all prior understanding, statements or representations, whether electronic, oral or written, regarding Nanosonics, the Website, or the information and contents thereon.

12.6 A right under these Terms of Use may only be waived in writing signed by the party granting the waiver and is effective only to the extent specifically set out in the waiver.

12.7 We may amend these Terms of Use from time to time with notice to you. The revised version will be effective at the time we specify, or if no time is specified, immediately.

12.8 If there is a conflict between these Terms of Use, and any other terms and conditions or agreements you may have with Nanosonics, those additional terms, conditions and agreements will prevail to the extent of the conflict (unless otherwise stated).