Last Updated : 01 Sep 2014 1:57 PM

Terms of Use

PART A: Terms and Conditions of Use of Websites

These general terms and conditions of use (Terms of Use) apply to all users of the following websites:

  • fphcare.com (and associated regional domains)
  • myoptiflow.com
  • rac.fpresourcezone.com
  • osa.fpresourcezone.com

and any and all other websites owned and operated by FPH accessible to you by registration (together, Sites).

  1. Access and Use:By completing the registration process and/or accessing the pages of these Sites, you acknowledge that you have read and accepted these Terms and Conditions of Use and our Privacy Policy and, where applicable, the Marketing Material Licence Terms contained in Part B of these terms (together referred to as the Website Terms). If you do not agree to be bound by the Website Terms then you must stop accessing and using the Sites.
  2. Operation: The Sites are operated by FPH. The Sites provide you with the ability to search for, and download, marketing collateral, clinical information and training resources related to FPH products. FPH may at any time and without notice cease operating the Sites in whole or in part. For further terms and conditions relating to: (a) your right to use the content made available to you by FPH on the Sites, please refer to Part B: Marketing Material Licence Terms; and (b) your personal information that may be collected by the Sites, please refer to the Privacy Policy.
  3. Conduct:You must not misuse the Sites. You will not do any of the following (either directly or indirectly) while using the Sites:

(a) permit the use of your login by any person other than yourself;

(b) use the Sites in a manner likely to cause excessive load or otherwise interfere with the use of the Sites by third parties;

(c) attempt to scan, probe, test for vulnerabilities, tamper with, interfere with, or disrupt the Sites;

(d) cause or permit the reproduction, reverse engineering, disassembly, or decompilation of the Sites;

(e) attempt to affect the performance or functionality of any computer facilities of or accessed through any of the Sites; or

(f) transmit or distribute any virus or other technologically harmful material.

  1. Content: The Sites include information, facts, reports, advertising and opinions (collectively, Information). Such Information is provided for informational purposes only. Any views, analysis or opinions designated as those of FPH represent the views of FPH and do not necessarily represent the views of any of its employees, officers, or directors. The Information may change without notice. Some of the matters discussed on the Sites include forward-looking statements. Statements that are predictive in nature, that depend upon or refer to future events or conditions or that include words such as "expects," "anticipates", "intends", "plans", "believes", "estimates", and similar expressions are forward-looking statements. These statements involve known and unknown risks, uncertainties and other factors that may cause our actual results and performance to be materially different from any future results or performance expressed or implied by these forward-looking statements. Although FPH believes that the expectations reflected in the forward-looking statements are based upon reasonable assumptions, FPH cannot guarantee future results or performance. FPH does not have a policy of updating or revising forward-looking statements, and thus it should not be assumed that our silence over time means that actual events are occurring as expressed or implied in such forward-looking statements.
  2. Intellectual Property: The Sites, and all content included therein, including designs, text, graphics, pictures, video, information, applications, software, music, sound and other files, and their selection and arrangement (Site Content), are owned by or licensed to FPH and are protected by international copyright and other intellectual property laws. Subject to clause 7 you may not reproduce, adapt, upload, link, frame, broadcast, distribute or in any way transmit Site Content without the written consent of FPH, other than to the extent necessary to view the material for your personal, non-commercial use.
  3. Confidentiality: You acknowledge that some information provided through the Sites is confidential and/or proprietary. Subject to clause 7, you accordingly undertake to keep such information confidential, use it only for the purposes for which it is intended, and not disclose any of it until it becomes public knowledge through no fault of you. The obligation of confidentiality will continue indefinitely.
  4. Marketing Material Licence: Where indicated on a particular page within a Site, FPH grants you a non-exclusive, non-transferable, revocable licence to use the images, text, diagrams, animations, video, resources and other material that are specifically made available to you by FPH on the Site for you to download (Marketing Material) on the terms and conditions set out in Part B: Marketing Material Licence Terms. You must not (and must ensure that your employees, agents and contractors do not) use, copy, adapt, distribute or otherwise deal with the Marketing Material other than in accordance with Part B: Marketing Material Licence Terms.
  5. Registration Data: You confirm that the data you provided to FPH on registering to use the Sites is, at the time you provided it, current, complete and accurate, and you agree to maintain and update the data as required to keep it so. You also confirm that the data or any other information provided through the registration process, or subsequent to registration, is not misleading or deceptive, or likely to mislead or deceive.
  6. Security: Where your access requires the use of a username and password (together, Credentials), you must ensure that your Credentials are kept secure and confidential and not revealed to any other person. Data transmission over the internet or data storage systems cannot be guaranteed to be 100% secure. You must notify FPH immediately of any unauthorised use of your Credentials or any other breach of security, including if you feel that your interaction with FPH is no longer secure. On receipt of your notification, FPH will cease to allow access to the Sites using those Credentials. You release FPH from all claims arising from any reliance by FPH on any use of your Credentials, including FPH disclosing information relating to your registration and/or affairs with FPH.
  7. Third Party Sites and Services: The Sites may include links to third party materials (Linked Sites). These links have been provided solely for you to obtain further information about other relevant products and organisations. The availability of, or inclusion of, any link does not imply FPH’s endorsement of the Linked Sites or any association with their operators. These Website Terms do not address privacy information or other practices of any third parties in respect of any Linked Sites. FPH will not be responsible for the contents of any Linked Sites or liable for any direct or indirect loss or damage suffered by you from accessing, using, relying on or trading with third parties.
  8. Disclaimer: You acknowledge that the Sites Content, information and other material contained on the Sites does not constitute or contain medical advice of any kind. Any Site Content, information or other material contained on the Sites is of a general nature and is not intended to be a substitute for medical advice, diagnosis or treatment. You must ensure that users of any materials containing the Site Content, information or other material are aware of this and are directed to seek the advice of a physician or other qualified health provider regarding medical. Use of any Site Content, information or other material contained on the Sites is at your own risk and FPH is not responsible for any adverse or other consequences arising out of such use. The laws of most countries in which FPH does business require that the products sold by FPH be prescribed under the care and management of a physician or other qualified health care provider.
  9. Sites Provided As-Is: FPH does not guarantee or warrant that the functions on the Sites will be uninterrupted or error free or that the Sites or the servers that makes them available are free of any virus or other harmful elements. You must take your own precautions to ensure that the process which you employ for accessing the Sites (or any Linked Sites) do not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. FPH assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction. FPH is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment or software on account of technical problems or traffic congestion on the Internet or at any website or combination thereof. FPH is not responsible for any injury or damage to any computer equipment resulting from use of the Sites.
  10. Reservation of Rights and Termination: If you breach any of the Website Terms, FPH reserves the right to exercise its full legal rights in respect of the breach. FPH may terminate your registration at any time for any reason (including, without limitation, a failure by you to comply with any of the Website Terms). Once terminated, you will not access the Sites in any manner or for any reason without FPH’s prior written consent.
  11. Limitation of Liability and Indemnity: FPH does not give any warranty of accuracy, reliability or fitness for any purpose of the Site Content, information and other material contained on the Sites to you or any other person. To the fullest extent permitted by law, FPH excludes all responsibility and liability in relation to the Sites and FPH will not be responsible for errors or misstatements or be liable, whether in contract, tort (including negligence) or otherwise, for any loss or damage however caused (including direct, indirect, consequential, special, or economic loss, such as loss of profits, revenue or goodwill). You will take all necessary action to defend and indemnify FPH, its officers and employees against all costs, expenses and damages incurred in connection with any claim brought by a third party against FPH arising from a breach by you of any of the Website Terms.
  12. Amendment: FPH reserves the right to change, alter or modify the Website Terms (Amendments) at any time without notice. By continuing to access the Sites, you agree to be bound by the Amendments.
  13. Governing Law: The Sites, their use, and the Website Terms are governed exclusively by the laws of New Zealand without regard to any conflicts of law principles. You expressly agree that exclusive jurisdiction for any dispute with FPH or its officers, directors, shareholders, employees, agents, representatives, information providers or licensors, or in any way relating to your use of the Sites, resides in New Zealand. You further agree and expressly consent to the exercise of personal jurisdiction in the courts of New Zealand in connection with any such dispute.
  14. Entire Agreement, Waiver and Survival: The Website Terms contains the entire agreement between you and us regarding the use of the Sites. Our failure to exercise or enforce any right or provision of this Agreement will not constitute a waiver of such right or provision. If any provision of this Agreement is held invalid or unlawful, the remainder of this Agreement will continue in full force and effect unless such deletion materially frustrates the parties’ intent, in which case this Agreement will terminate.

PART B: Marketing Material Licence Terms

The following marketing material licence terms (Licence Terms) apply to all users of the following Fisher & Paykel Healthcare Limited (FPH) owned and operated websites:

  • rac.fpresourcezone.com
  • osa.fpresourcezone.com

and any and all other websites owned and operated by FPH accessible by registration where FPH expressly licenses material contained in that website (together, Sites). These should be read in conjunction with Part A: Terms of Use and the Privacy Policy.

  1. Licence Grant: FPH grants you a non-exclusive, non-transferable, revocable licence to use the images, text, diagrams, animations, video, resources and other material that are specifically made available to you by FPH on the Sites for you to download (Marketing Material) for the purpose of:

(a) including such Marketing Material in your marketing materials for FPH products;

(b) using such Marketing Material for your training purposes in respect of FPH products;

(c) educating consumers about the features of FPH products; and

(d) such other purpose expressly set out in respect of that Marketing Material; in your territory in accordance with the distribution rights granted to you by FPH and these Licence Terms. You may not use the Marketing Material for any other purpose.

  1. Use of Content: You acknowledge and agree that you will only use the Marketing Material in a form and context that has received the prior written approval of FPH. You will ensure that FPH trade marks used are reproduced exactly as they appear on FPH’s product or marketing literature. You will not (and will ensure that your employees, agents and contractors will not) adapt, amend, edit, add to or in any way alter the Marketing Material from the approved form and usage. Any statements that you make relating to the intended uses of FPH products, the physical or operating specifications of FPH products, or any other claims, must only be those published in FPH’s product or marketing literature.
  2. Content Updates: FPH may update the Marketing Material from time to time. In the event that FPH supplies you with updated Marketing Material, you must immediately update all publications (including, without limitation, any website that you operate in respect of the FPH products) and/or other materials that you have used the Marketing Material in (together, the Materials). The provisions of clause 1 of this Part B apply to the Marketing Material in such updated Materials.
  3. Removal of Content: On request by FPH, you must immediately remove all Marketing Material from your Materials, cease all use of the Marketing Material and/or destroy or return to FPH any copies of the Marketing Material in your possession.
  4. Costs: All costs relating to the use, removal or destruction of the Marketing Material (including, without limitation, the cost of editing, modifying, reproducing, adapting and/or downloading, the Marketing Material) are to be met by you.
  5. No Warranty: You acknowledge that FPH is supplying the Marketing Material as a convenience to you and at its sole discretion. The Marketing Material is supplied on an “as is” basis, without express or implied warranties of any kind. Use of the Marketing Material is at your risk. To the fullest extent permitted by law, FPH and its officers, directors, shareholders, employees or agents will not be liable for any direct, indirect, consequential, punitive or other damages arising out of the supply or use of the Marketing Material. There is no continuing obligation on FPH to provide the Marketing Material to you and FPH may cease supplying the Marketing Material at any time and without any liability to you whatsoever.
  6. Third Party Material: Use of the Marketing Material will not constitute any endorsement by FPH of any material contained in the Materials that was not supplied by FPH (Third Party Material). You will not (and will ensure that your employees, agents and contractors will not) represent expressly or by implication that the Marketing Material endorses any Third Party Material, without the prior written consent of FPH.
  7. Indemnity: You agree to fully indemnify FPH and its officers, directors, shareholders, employees and agents from and against any loss, damage, expense, cost, claim or proceeding arising from or in connection with your receipt and/or use of the Marketing Material (including, for the avoidance of doubt, any representation, warranty or undertaking given or made by you in relation to FPH products beyond what FPH provides).