Seer Medical Website Terms and Conditions

 

These terms and conditions (“Terms”) are a contract between you and Seer Medical and  govern your use of all websites of Seer Medical (each one a “Website”). By using a Website which is owned or controlled by Seer Medical or its co-owners or licensors you agree to be bound by these Terms. You are responsible for ensuring that all persons who access our Websites through your internet connection are aware of these Terms and that they comply with them. If you do not accept these Terms, you should not use this Website. Any reference to “you” or “your” is a reference to you as a user of a Website.

References in these Terms to “Seer Medical” (or “we”, “us” or “our”) are to the Seer Medical Group being Seer Medical Holdings Limited ACN 615 849 986 of Level 4, 700 Swanston Street, Carlton, Victoria, 3053, Australia, and its subsidiaries, including but not limited to Seer Medical UK Pty Ltd of c/o Gateley Legal, 1 Paternoster Square, London, England, EC4M 7DX, Seer Deutschland GmbH of Bavariaring 43, 80336 München, Germany and Seer Medical LLC of 3 Germay Drive, Unit 4, Wilmington, New Castle County, Delaware 19804, USA.

We may make changes to these Terms We may revise these Terms from time to time. It is your responsibility to check these Terms periodically for any changes. Your continued use of any Website will mean that you agree to any changes. These Terms were most recently updated on 15 June 2023.

Intellectual property rights The content, layout, design, data, databases, computer code, trademarks, logos and graphics on any Website are owned by Seer Medical (and our licensors) and protected by intellectual property laws. Any rights not expressly granted in these Terms are reserved.

Using our Websites You may use our Websites for personal and lawful purposes only. You may download and print content from any Websites for your own personal, non-commercial use, provided that all copyright notices and trade marks are retained. You must not use our Websites for any commercial purpose. Commercial purposes include:

• copying or downloading Website content or linking to a Website for further redistribution, sale or licensing, for a fee;
• including any Website content in other work that is then made available for sale or licensing, for a fee;
• copying, downloading or posting any Website content on a site or service that incorporates advertising with such content;
• using Website content for promotional or advertising purposes, whether direct or indirect, whether for a fee or otherwise; or
• using Website content for the purposes of monetary gain by means of sale, resale, license, loan, hire, transfer or any other form of commercial exploitation.

In addition to the above, you must not:

• create derivative works of any Website content (or make any translation), or use any Seer Medical trade mark or logo without Seer Medical’s prior written consent;
• remove, obscure, or change an author’s name or affiliation, Seer Medical’s or its licensor’s copyright notices, policies, disclaimers, terms or other means of identification;
• systematically download or print any part of a Website;
• include, mount or distribute any Website content in other works (other than legally permitted quotations with an appropriate citation);
• upload, send, post or submit any personal data to a Website unless you have a valid legal basis to do so;
• provide or make available by electronic means to any third party, paper or electronic copies of any Website content;
• use any web crawler or similar technology to index Website content or to scrape, build databases or otherwise create permanent copies of any part of a Website, or keep cached copies longer than permitted by the cache header; or
• misuse our Websites by knowingly introducing viruses, trojans, worms, logic bombs, spyware, adware or other material which is malicious or technologically harmful or designed to adversely affect the operation of any Websites or of any computer software or hardware relating or connecting to them. You must not attempt to gain unauthorised access to any Website, the servers on which our Websites are stored or any server, computer or database connected to our site. You must not attack our Websites via a denial-of-service attack or a distributed denial-of service attack.

If you print off or download any material from our Websites in breach of these Terms, any rights to use the Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

You must not use any Websites for any of the following:

• to send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene, menacing, racist, threatening, invasive of privacy, in breach of confidence or otherwise infringes the rights of a third party;
• to cause annoyance or inconvenience; to send chain letters, mass mailings or spam, political campaigning or commercial solicitation;
• for fraudulent purposes e.g to impersonate a third party or otherwise mislead as to the origin of your content or to misrepresent the source or ownership of any Website or any of its content.

Permission and re-use
Any request for permission for use of our content, logos or images, or other use of our intellectual property not authorised in these Terms or under a subscription or licence agreement, can be made by emailing us at info@seermedical.com.

Disclaimer
The material on our Website is provided for general information purposes only. We endeavour to ensure that the information provided on any Website  is accurate and up to date, however the material (whether provided by us or a third party) is made available without any guarantees, conditions, warranties or representations, express or implied as to its accuracy, completeness, usefulness or reliability. You agree that nothing in any Website constitutes medical, professional or other advice on which you should rely. You must not use any Website for medical diagnosis or advice and should obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on any Website. You should be aware that professionals in the field may have different opinions. Because of this fact and also because of regular advances in medical research we strongly recommend that readers independently verify any information on which they choose to rely. There is no express or implied physician-patient relationship between you and Seer Medical, their employees or consultants.

The devices, systems and services described on any Website are subject to relevant local law governing the use of such devices, systems and services. Nothing in any Website is intended to constitute a claim or indication for clinical uses of Seer Medical devices beyond those that have been cleared or approved by the relevant statutory authority.

Where any Websites have been translated into a language other than English, Seer Medical does not warrant the accuracy and reliability of those translations. The inclusion of any map (including the depiction of any boundaries therein), or of any geographic or locational reference, does not imply the expression of any opinion whatsoever on the part of Seer Medical concerning the legal status of any country, territory, jurisdiction or area or of its authorities. Any such expression remains solely that of the relevant source and is not endorsed by Seer Medical. Maps are provided without any warranty of any kind, either express or implied.

Our liability to you
You agree that your use of any Website is at your own risk and that any damage or loss arising from your use and/or any reliance placed on its contents is your sole responsibility. Seer Medical does not assume any risk whatsoever for your use of any Website or the information contained therein. To the extent permitted by law, we expressly exclude:

• all conditions, warranties, representations and other terms which might otherwise be implied by statute, common law or the law of equity; and
  any responsibility or liability for any direct, indirect, special or
• consequential loss or damage incurred by any user in connection with any Websites or in connection with the use, or inability to use, any Website, any website(s) linked to it, any decision made or any action taken or any action not taken due to your use or reliance on any information presented on or obtained from any Website and/or any materials posted on it (whether caused by tort, breach of contract or otherwise, even if foreseeable).

This does not affect any liability which cannot be excluded or limited under applicable law.

Seer Medical will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of any Website or to your downloading of any material posted on it, or on any website linked to it.

Access
We do not guarantee that any Websites will always be available or that access will be uninterrupted. We may suspend or withdraw or restrict access to all or any part of a Website. We will try to give you reasonable notice of any suspension or withdrawal.

Viruses
We do not guarantee any Websites will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform in order to access our Websites.

Third-party material on our Websites
Seer Medical does not claim ownership, endorse or take responsibility for any third- party products, job adverts, information, guidelines, materials or services that may be described, offered, advertised or otherwise displayed on any Websites.

Third party links
Our Websites may contain links to external websites. Links are provided for your convenience, and do not imply endorsement or approval. We have no control over the contents or functionality of those website(s) and accept no responsibility for any loss or damages that may arise from your use of them. We are not responsible for any website outside our Websites, and any such website use will be subject to relevant terms and conditions and privacy policies.

How we use your personal information
We will only use any personal information you may provide in accordance with our Privacy Policy. View our Privacy Policy here.

Governing law and jurisdiction
These Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and and interpreted in accordance with the laws of Victoria, Australia. The courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to and/or use of any Website although we retain the right to bring proceedings against you for breach of these Terms in your country of residence or any other relevant country.