Terms of use

Terms of Use

Effective date: 14/01/2015

These Terms of Use govern your access to websites controlled by AbbVie Ltd and AbbVie Pty Ltd (“AbbVie”, “we” and “us”), which link to these Terms of Use (together referred to as "AbbVie websites"). These Terms of Use do not apply to AbbVie websites that do not link to these Terms of Use, or to third-party websites to which AbbVie websites may link. Your use of AbbVie websites, you agree to accept and comply with these Terms of Use and the Privacy Policy.

AbbVie reserves the right to amend these Terms of Use and by using the AbbVie websites, you acknowledge that you have read, understand, and agree to be bound to the then current Terms of Use. If you do not accept the Terms of Use or any changes to the Terms of Use, you must not use or continue to use the AbbVie websites.

Disclaimers – AbbVie content

  • Your use of the AbbVie websites is at your own risk.
  • While the information that AbbVie provides on the AbbVie websites has been prepared with reasonable care and skill, we do not, to the maximum extent permitted by law, warrant or represent that the content of the AbbVie websites is accurate, reliable, suitable, up-to-date or complete.
  • The information or the services offered by or through the AbbVie websites is provided for your general information only and does not constitute medical advice and should not be interpreted as treatment recommendations. You should not use or act on this information without first seeking proper information and advice from your physician or other qualified health provider in relation to your particular circumstances. Never disregard medical advice or delay in seeking it because of something you have read on the AbbVie websites.
  • The AbbVie websites may contain forward-looking statements that reflect AbbVie’s current expectation regarding future events and business development. The forward-looking statements involve risks and uncertainties. Actual developments or results could differ materially from those projected and depend on a number of factors including, but not limited to, the success of current research programs, results of pending or future clinical trials, ongoing commercialisation of products, regulatory approvals, validity and enforcement of AbbVie’s patents, the stability of AbbVie’s commercial relationships, and general economic conditions.
  • We may at any time at our absolute discretion without giving prior notice delete, alter or move content on the AbbVie websites. 

Your use

By using the AbbVie websites, you agree:

  1. not to disrupt or intercept our electronic information posted on the AbbVie websites or on any of our servers in any way;
  2. not to tamper with, hinder the operation of or make unauthorised modifications to the AbbVie websites including the storage or transmission of any virus or disabling feature to the AbbVie websites.
  3. not to attempt to circumvent any security features of the AbbVie websites;
  4. not to hinder any other user from using the AbbVie websites; and
  5. to abide by all applicable local, state, federal and international laws, rules, and regulations.

Your content

You must not post, or submit any content to the AbbVie websites that:

  1. is defamatory, offensive, threatening, harmful or misleading, or links to any such materials;
  2. infringes the Intellectual Property Rights of any person; or
  3. does not comply with any applicable laws in force from time to time.

We may monitor and review the content that you post to the AbbVie websites but we are not obliged to do so. We may alter or remove any of your content at any time.

With respect to ant content submitted by you for use on the AbbVie websites, you retain any of your ownership rights in any Intellectual Rights and warrant to AbbVie that you have obtained the consent of the owner of the Intellectual Property Rights in any of the content to enable AbbVie to publish the content on the AbbVie websites and to receive the following licenses.

To the extent that you submit any content for the AbbVie websites, you hereby grant to AbbVie a non-exclusive, irrevocable, royalty-free, perpetual, fully paid-up and fully assignable or sub-licensable license to use, reproduce, adapt, modify, translate, publish, distribute and display any content in whole or in part through the world in any media either by or on behalf of AbbVie or any of its licensees or assignees from time to time. You also consent to any act or omission that would otherwise infringe any of your rights (including moral rights) in your content.

No confidential relationship

Except as expressly stated and agreed upon in advance by AbbVie, no confidential relationship will be established in the event that any user of the AbbVie websites should make any oral, written or electronic communication to AbbVie (such as feedback, questions, comments, suggestions, ideas, etc.). If the AbbVie websites require or request that such information be provided, and that such information contains personal identifying information (being information or an opinion about you or where your identity is reasonably apparent, whether or not that information or opinion is true or recorded in a material form e.g. name, address, phone number, email, address), AbbVie will obtain, use and maintain it in a manner consistent with our Privacy Policy. Otherwise, such communication and any information submitted therewith will be considered non-confidential, and AbbVie will be free to reproduce, publish or otherwise used such information for any purposes whatsoever including, without limitation, the research, development, manufacture, use or sale of products incorporating such information. The sender of any information to AbbVie is fully responsible for the content, including its truthfulness and accuracy and its non-infringement of any other person’s proprietary or privacy rights.

Third party material

References to other websites and information provided by third parties are provided for your convenience only and do not constitute or imply endorsements of any other organisation or any affiliation between AbbVie and any other organisation.

Where third parties provide certain content on the AbbVie websites, we are not responsible for and make no representation in relation to the accuracy, reliability, suitability, currency, completeness or lawful nature of such content. We are not liable for any loss arising from any reliance on content provided by or on behalf of third parties. We do not guarantee or make any representations regarding the suitability, merchantability or fitness of products or services provided to you by or on behalf of any parties that make information available from time to time on the AbbVie websites.

The information on third party websites may not comply with the Australian or New Zealand (as applicable) regulatory requirements. Please refer to the Consumer Medicine Information or Product Information for products to fully understand the terms of registration of products in Australia or the Consumer Medicine Information or Data Sheets for products to fully understand the terms and registration of products in New Zealand.

Product labelling

Any products listed are available by prescription only through your healthcare professional. Except as expressly stated and agreed upon in advance by AbbVie, no director, employee, agent, or representative of AbbVie, its subsidiaries, and affiliates are engaged in rendering medical advice, diagnosis, treatment or other medical services that in any way create a physician-patient relationship through the AbbVie websites.

Privacy and security

AbbVie is committed to safeguarding your privacy online. We understand the importance of privacy to our customers and visitors to the AbbVie websites. Our use of personally identifiable information is governed by our Privacy Policy and by accessing and using the AbbVie websites, you agree to be bound by the Privacy Policy.

Availability of the AbbVie websites

While we endeavour to provide continuous access to the AbbVie websites, we do not warrant or represent that your access will be uninterrupted, timely, secure or virus or fault free. Your access to the AbbVie websites may be suspended the case of system failure, maintenance, repair or any reason beyond our control.

Member’s use of the AbbVie websites

If you are a member of any of the AbbVie websites or website services:

  1. you warrant that you are over 18 years of age at the time of signing up as a member;
  2. you may use your Username and Password to access the Members’ areas of the AbbVie websites;
  3. you agree and understand that you are responsible for maintaining the security and confidentiality of your Password;
  4. you agree and acknowledge that you will be solely responsible for all activities by authorised users that occur under your Username or account;
  5. if you become aware of or suspect any unauthorised use of your Username, Password or account, you must notify AbbVie immediately; and
  6. you agree to assist us in making appropriate security checks where reasonably required to verify account-related instructions, requests and activities.

If your Password becomes known to an unauthorised person as a result of your act, omission or your failure to comply with these Terms of Use, you will be liable for all unauthorised use of the AbbVie websites or your account, whether such use occurs before or after you notify us.

You authorise us to act on any instruction we receive which is given using your Username or through your account. This applies whether or not the instructions were actually given by you. AbbVie may, but is not required to:

  1. enquire about or attempt to verify the authenticity of any instructions or request; or
  2. refuse to act on any instruction or request if in our opinion this is justified.

Continuing professional development (“CPD”) points

If you are using the AbbVie Websites for CPD points, you understand, acknowledge and agree:

  1. we do not warrant or represent that the online learning services provided on the AbbVie websites will necessarily enable you to obtain a specific  number of CPD points (if any); and
  2. you will make your own independent enquiries of the relevant professional bodies, as to how many CPD points (if any) our online learning services will enable you to obtain.

Exclusion and limitation of liability

To the maximum extent permitted by law, AbbVie excludes any and all liability for any claims, liabilities, losses, costs or damages (including, without limitation, damages for loss of business profits, business interruption, loss of business information or data, or other pecuniary loss), whether those damages are direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with:

  1. the use of or inability to use the AbbVie websites or with any delay in using the AbbVie websites including, but not limited to, any errors, omissions in, delays or interruption to or cessation of access to the AbbVie websites or caused by any virus as a result of accessing the AbbVie websites; 
  2. any information and material obtained from or through the AbbVie websites; or
  3. otherwise arising out of the use of the AbbVie websites.

in each case whether based on action arising in contract, tort or otherwise howsoever arising, including negligence.

This exclusion applies to the maximum extent permitted by any applicable law, even if AbbVie has been advised of the possibility of damages or an account of profit.

AbbVie’s liability otherwise in connection with the supply of any services to you is, to the maximum extent permitted by applicable law, limited to the supply of the services again or the payment of the reasonable cost of having the service supplied again, at AbbVie’s sole discretion.

Indemnity

You indemnify AbbVie and hold AbbVie indemnified from any claim, demand or expense made by or on behalf of any third party for damages or an account of profit or any equitable relief including but not limited to, consequential, direct, incidental or other damages (including legal fees on a solicitor-own client basis) for any breach by you of any law or the rights of a third party including, but not limited to any breach occurring in relation to an activity arranged or conducted pursuant to the direct or indirect use of the AbbVie websites

Intellectual property

Unless otherwise stated, all copyright and other intellectual property rights subsisting in the AbbVie websites and the material on the AbbVie websites (including without limitation, the text and graphics comprised in the AbbVie websites) are owned or licensed by us and protected by the laws of Australia and New Zealand.

You are authorised to view the AbbVie websites and their content using your web browser. You must not otherwise reproduce, transmit (including broadcast), communicate, adapt, distribute, sell, modify or publish or otherwise use any material on the AbbVie websites, except as permitted by statute or with our prior written consent.

Termination

We may, terminate or limit your access to the AbbVie websites in our absolute discretion without notice or liability to you for any reason including:

  1. if you breach any part of these Terms of Use;
  2. if we are required to do so by applicable law;
  3. if you use the AbbVie websites for any activities which breach any laws, regulations, standards or codes or infringe a third party’s rights or privacy;
  4. if you tamper with, hinder the operation of or make unauthorised modifications to the AbbVie websites including the storage or transmission of any virus or disabling feature to the AbbVie websites; or
  5. if you attempt to do any of the above acts or permit or assist another person to do any of the above acts.

The limitations of liability and disclaimers made by us in these Terms of Use will survive termination of your access to the AbbVie websites. If any of these Terms of Use are invalid or unenforceable, the relevant term will be struck out and the\ remaining terms will remain in force. If we do not act in relation to a breach by you of these Terms of Use, this does not waive our right to act with respect to subsequent or similar breaches.

General

You agree that these Terms of Use and the Privacy Policy describe the entire agreement between us with respect to its subject matter. The Terms of Use are governed by the laws of New South Wales, Australia. The parties submit to the non-exclusive jurisdiction of the courts of New South Wales. If a court finds that any provision of these Terms of Use is invalid or unenforceable, you agree that the other provisions of these Terms of Use will remain in full force and effect.

The AbbVie websites are intended for the exclusive use of residents of Australia and New Zealand. AbbVie makes no representation that the materials on the AbbVie websites are appropriate for use in other locations. If you access the AbbVie websites from outside Australia or New Zealand, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The AbbVie websites are not intended for or designed to attract individuals who are under 18 years of age.

Glossary

Intellectual Property Rights mean all statutory and other proprietary rights whether subsisting now or in the future whether registrable or not, anywhere in the world, in respect of any form of patents (including inventions or discoveries), trademarks, copyright (and associated moral rights), designs, circuit layout and know how (including drawings, designs, methodologies, specifications and trade secrets), together with any similar rights and the right to apply for registration of and prosecute such rights to grant of registration.