Radius Medical Solutions Limited - Terms and Conditions of use

1. Terms and Conditions
   Welcome to the website of Radius Medical Solutions Limited (“Radius”). These Terms and Conditions apply to your use of this website. By using this website, you are deemed to have read and agree to be bound by these Terms and Conditions. If you do not accept these Terms and Conditions, you must leave this website immediately.
   
   
2. Privacy Policy
   As well as these Terms and Conditions the Privacy Policy also apples to your access to and use of the website. You should ensure that you read the Privacy Policy in conjunction with these Terms and Conditions. By accessing this website you are deemed to have read and agree to be bound by the Privacy Policy as well as these Terms and Conditions.
   
   
3. Amendments
   Radius reserves the right to amend these Terms and Conditions from time to time. Amendments will be effective immediately upon being placed on this website. Your continued use of the website following such amendments being placed on this website will represent an agreement by you to be bound by the Terms and Conditions as amended. Such amendments may include replacing these Terms and Conditions with entirely new Terms and Conditions.
   
   
4. Intellectual Property
    Unless otherwise stated, Radius is the owner of all copyright, trademarks and other intellectual property rights in this site or has a valid right to use such copyright, trademarks and other intellectual property rights in this site. This includes without limitation all intellectual property rights in respect of all text, graphics, logos and images on this website. Radius’s ownership of and right to use such intellectual property is protected by both New Zealand and international law.
   
   
5. Licence
   Radius grants you a limited licence (“Licence”) for the purpose of accessing and making personal use of this site. Any contravention by you of these Terms and Conditions terminates the Licence immediately. Under no circumstances, without the prior written approval of Radius, may you adapt, reproduce, store, distribute, print, display, publish or create derivative works from any part of this website other than in accordance with the Licence. You shall not use any data gathering and extraction tools or software to extract information from this site. You shall not frame or utilize framing techniques to enclose any of the contents of this website without Radius’s express prior permission. You may not use any meta tags or other hidden text which incorporate Radius’s name or any of its intellectual property including trademarks without the Radius’s express prior permission. Using any information or content included on this website other than in accordance with the terms of the Licence is strictly prohibited. You agree to fully indemnify Radius for any loss or damage it may suffer in contract, tort, equity, statute, regulation or otherwise, including without limitation any economic loss, loss of turnover, profits, business or goodwill, whether direct or consequential, in respect of any third party claims against Radius its related parties, employees, contractors or agents, that may arise as a result of your breach of the Licence.
   
   
6. Proprietary Notices
   In the event that you are granted permission by Radius to use this website or any portion of it or its content other than for personal use, subject to any contrary agreement you reach with Radius, you must ensure that all copyright, trademark and other proprietary notices contained in the content are retained.
   
   
7. Content
   While Radius has endeavoured to take all reasonable and appropriate care in the preparation of the content of this website and has no reason to believe that any information contained on this website is inaccurate, Radius does not warrant the accuracy, adequacy, or completeness of such information or that such information is error free. Radius does not undertake to keep this website updated. Radius does not accept liability for any loss or damage which may result either directly or indirectly from reliance by you upon the accuracy or currency of information contained on this website including without limitation where such loss or damage is a result of or contributed to by the negligence of Radius.
   
   
8. Linked Websites
   This website may contain links to other websites (“linked websites”). Those links are provided for convenience only and may not remain current or be maintained.
   
   
9. Links
   Radius requires that you obtain the prior written approval of Radius before providing any link to this website. Where such approval is given, you further agree that you will not use any Radius logo, trademark or other proprietary graphic as part of such link without the express prior approval of Radius.
   
   
10. Accessing
    You must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system. Radius does not accept responsibility for any interference or damage to your computer system which may arise in connection with your use of this website or any linked website.
    
    
11. Exclusion of Warranty
    To the fullest extent permitted by law, in relation to your access and use of this website any condition or warranty either express or which would otherwise be implied by law into these Terms and Conditions is hereby excluded.
    
    
12. Exclusion of Liability
    Under no circumstances will Radius, its employees or its agents be liable to you in contract, tort, equity, statute, regulation or otherwise for any loss, damage, costs, legal costs, professional and other expenses of any nature whatsoever incurred or suffered by you or by any other third party, whether direct or consequential (including without limitation any economic loss or other loss of turnover, profits, business or goodwill) arising out of any dispute or contractual, tortious or other claims or proceedings made by or brought against you which relate in any way to your access and use of the website or in respect of any failure or omission on the part of Radius to comply with its obligations as set out in these Terms and Conditions in respect of your access and use of the website.
    
    
13. Limitation of Liability
    In the event that any limitation or provision contained in these Terms and Conditions is held to be invalid or unenforceable for any reason and Radius becomes liable for any loss or damage that would otherwise have been excluded, Radius’s maximum liability in contract, tort, equity, statute, regulation or otherwise for any loss, damage or injury directly or indirectly arising in respect of your access and use of the website is to be limited to $50 in New Zealand currency.
    
    
14. Jurisdiction
    This website is governed by and is to be interpreted in accordance with the laws of New Zealand and in all matters relating to or arising from your use of the website, you agree to submit to the non-exclusive jurisdiction of the Courts of New Zealand.
    
    
15. Disputes
    In the event that you have a dispute in respect of the content of this website or relating to or arising from your use of this website you must immediately notify Radius in writing giving details of the dispute. You agree that Radius and yourself acting in good faith will then use best endeavours to resolve the dispute.
    
    
16. Failure to Comply
    Radius accepts no liability for any failure to comply with these Terms and Conditions where such failure is due to circumstances beyond its reasonable control.
    
    
17. Waiver
    If Radius waives any rights available to it under these Terms and Conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.
    
    
18. Severability
    If any of these Terms and Conditions is held to be invalid, void, unenforceable or illegal for any reason, such provision shall be deemed to be severed from these Terms and Conditions and the remaining Terms and Conditions shall continue in full force.
    
    
19. Queries
    If you have any queries in regard to these Terms and Conditions please don’t hesitate to contact us.