Terms of Use

About this web site

This is a web site operated by Beat Medical Pty Ltd (ABN 54 055 313 989) ("Beat Medical") under the domain name "www.beatmedical.com" ("Beat Medical Web Site"). The Beat Medical Web Site is operated on behalf of Beat Medical and its related bodies corporate (together called "Beat Medical").

Your use of the information, graphics and materials on the Beat Medical Web Site ("Material on this web site") is governed by these Terms of Use and the Privacy Statement.

In addition to the terms contained in this document, there are also specific terms which form part of the Terms of Use and govern your use of, and access to, certain sections of the Beat Medical Web Site. Since you are also bound by these additional terms, you should review them wherever they are accessible by you on the Beat Medical Web Site.

The Beat Medical Web Site may contain links to other web sites operated by third parties ("Third Party Web Sites"). Beat Medical does not endorse, or approve of the operators of Third Party Web Sites, or the information, graphics and material on those Third Party Web Sites ("Third Party Material").

Subject to any applicable law which cannot be excluded, the Beat Medical makes no warranties or representations:

regarding the quality, accuracy, merchantability or fitness for purpose of Third Party Material or products or services available through Third Party Web Sites; or that Third Party Material does not infringe the intellectual property rights of any person. Beat Medical is not authorising the reproduction of Third Party Material by linking Material on this web site to Third Party Material.

When you follow a link on the Beat Medical Web Site, material at a Third Party Web Site may be displayed in your browser framed by Material on this web site. This material is also Third Party Material for the purpose of these Terms of Use.

All offers to sell and statements relating to goods and services available on Third Party Web Sites are the responsibility of and given by the Third Party Web Site operator. In so far as such offers and statements are made on the Beat Medical Web Site, such offers and statements are made by Beat Medical on behalf of the operator. Beat Medical expressly disclaims acting in any other respect on behalf of Third Party Web Site operators.

Beat Medical may receive payments from operators of Third Party Web Sites in relation to goods or services supplied by the operator as a result of you linking to the Third Party Web Site from the Beat Medical Web Site.

Third Party Software

Unless otherwise indicated software downloads available via links from the Beat Medical Web Site are third party products. These products may be subject to a licence agreement between you and the relevant product owner. To the extent permitted by law, Beat Medical accept no liability in respect of such third party products and Beat Medical provide no warranty and give no endorsement in respect of such products or any party connected with them. We do, however, welcome your feedback or suggestions concerning these products.

Beat Medical Product Information and Supply

Material on this web site may contain general information about Beat Medical products and services. Unless expressly stated otherwise, this information:

• does not constitute an offer or inducement to enter into a legally binding contract; and
• does not form part of the terms and conditions for Beat Medical Group products and services.

For further information about a particular product or service please contact Beat Medical.

Warranties

While we have made every effort to ensure that information is free from error, Beat Medical does not warrant the accuracy, adequacy or completeness of Material on this web site. All information is subject to change without notice. Beat Medical recommends that you seek independent advice before acting upon Material on this web site or Third Party Material. Beat Medical does not guarantee that the Beat Medical Web Site or Third Party Web Sites will be free from viruses, or that access to the Beat Medical Web Site or Third Party Web Sites will be uninterrupted.

Limitation of Liability

Subject to any responsibilities implied by law and which cannot be excluded, no member of Beat Medical is liable to you for any losses, damages, liabilities, claims and expenses (including but not limited to legal costs and defence or settlement costs) whatsoever arising out of or referable to Material on the Beat Medical Web Site or to Third Party Material, whether in contract, tort including negligence, statute or otherwise.

Liability of any member of Beat Medical for a breach of a condition or warranty implied by law or otherwise, and which cannot be excluded, is limited to the extent possible, at Beat Medical's option, to:

• the supply of the goods or services again;
• the repair of the goods; or
• the payment of the cost of having the goods or services supplied again or repaired.

Termination

These Terms of Use (and the agreement constituted by your use of the information, graphics and materials on the Beat Medical Web Site) and your access to the Beat Medical Web Site may be terminated at any time by Beat Medical without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by the Beat Medical Group will survive termination, however, you will no longer be authorised to access the Beat Medical Web Site.
Jurisdiction

Unless expressly agreed otherwise:

The law applicable to use of the website and to disputes arising out of the website is the law of the State of New South Wales, Australia.

Copyright and Trademarks

Copyright in the Material on this Web Site is owned or licensed by Beat Medical.

Except where necessary for viewing the Material on this web site on your browser, or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or these Terms of Use, no Material on this web site may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of Beat Medical.

Linking to Beat Medical Web Site

Please contact Beat Medical if you would like to place a link to any part of the Beat Medical Web Site.

Acceptance and Changes to Terms of Use

You acknowledge and accept that your use of the Beat Medical Web Site indicates your acceptance of these Terms of Use and the Privacy Statement.

These are the current Terms of Use.

They replace any other terms of use for the Beat Medical Web Site published on the Beat Medical Web Site to date. Beat Medical may at any time vary the Terms of Use by publishing the varied Terms of Use on the Beat Medical Web Site. You accept that by doing this, Beat Medical has provided you with sufficient notice of the variation.

Beat Medical reserves any rights not expressly granted in these Terms of Use.