BPACnz Publications – Terms of Use
1. Introduction
BPAC NZ Limited (‘bpacnz’) owns and publishes a wide range of written and multimedia resources and publications, including Best Practice Journal and the Antibiotics Guide (‘bpacnz Publications‘), which it makes available through the website ‘www.bpac.org.nz’ (‘our website’). These terms of use constitute an agreement between you, the user of our website, (‘you’, ‘your’) and us.
If, subsequent to accessing our website, you access the bpacnz Publications by any means other than through our website (including for example e-book format or other electronic publication format such as Portable Document Format) then these terms of use will also apply to your use of the bpacnz Publications in that format, and to the extent applicable a reference in these terms of use to ‘our website’ includes a reference to the bpacnz Publications in that e-book or other format as the context may require.
You must not access or use our website or access the bpacnz Publications unless you accept all of these terms of use. By accessing and using our website you are agreeing that you have read, understood and accepted these terms of use, and that you agree to be bound by them.
2. Changes
We reserve the right to add to, modify, suspend, or remove our website or any information, specification, or feature incorporated in our website at any time and without notice. We reserve the right to change these terms of use from time to time by publishing the changed terms on our website. You should review these terms of use periodically to be aware of such changes. By continuing to access or use our website or continuing to use any services provided by us following such publication you accept the revised terms of use.
3. Your use of our website
You agree not to use our website for any purpose that is unlawful or to engage in any conduct that may impair or cause damage to the operation of our website whether by way of a virus, corrupted file or through any other means. Furthermore, you agree not to alter, modify, reproduce, transmit or otherwise deal with the content, material, information, software, scripts, text, graphics, layout or design of our website without our prior written approval in each case.
4. Trade marks
The name and logo of bpacnz, and all trade marks appearing on our website belong to us or our licensors or affiliates. You must not use or reproduce or allow anyone to use or reproduce those names, logos, or trade marks for any reason without our prior written permission in each case.
5. Intellectual property
The materials displayed on our website are protected by copyright and other laws in New Zealand, and under similar laws and international conventions abroad. You acknowledge and agree that all copyright and other intellectual property rights that may subsist in materials available through our website including text, content, information, material, illustrations, artwork, photographs, video, music, sounds, layout, designs, software, source code, belong to us or to our licensors (together, ‘our intellectual property’).
Except in accordance with section 6 (Limited permission to use materials) below or with our prior written permission, you may not in any form or by any means:
- Use, copy, modify, adapt, reproduce, store, embed, distribute, print, display, perform, publish, or transmit in any way any of our intellectual property; or
- Commercialise any information, material, content, products or services obtained from any part of our website or from any part of any of our website.
6. Limited permission to use materials
Subject to the restrictions in section 7 (Restrictions on copyright clearance) below, you are permitted to view, download, and print extracts of material or content from our website in the following situations only:
- For your personal use; or
- For research or private study; or
- Where insubstantial portions of such material or content are quoted in another document provided that an acknowledgement of the source of such materials is provided in each case.
You must not remove, cover, overlay, obscure or change any copyright notices, legends, or terms of use that we post on our website or that accompany any material, information, or content available on our website.
Subject to applicable laws and regulations, you may access or use the bpacnz Publications or other information available through our website to provide medical, pharmaceutical, or healthcare services and may receive payment or other compensation for the provision of those services. However, you must not directly or indirectly commercialise the bpacnz Publications available through our website, or your access to or use of our website, including, without limitation, through any advertising, sponsorship, commercial association between you and bpacnz or the bpacnz Publications. If you have any question about your right to use the bpacnz Publications for any particular purpose, advice may be sought from bpacnz.
7. Restrictions on copyright clearance
The permissions given in section 6 (Limited permission to use materials) above are subject to the following conditions unless you obtain our express prior written permission in each case:
- No more than one copy of any material or content appearing on, or available through, our website may be made;
- No part of our website or any material or content appearing on, or available through, our website may be reproduced or stored in or transmitted to any other website; and
- No material or content appearing on, or available through, our website may be redistributed, disseminated, transmitted, or communicated to the public in any form, either electronic or nonelectronic, or included in any retrieval system or service.
Permission to use material or content from our website may be sought from bpacnz.
8. Feedback and unsolicited submissions
If you give us feedback about our website or our products or services, we may use that feedback for the purpose of improving our website or our products or services and for any other purpose we deem necessary or desirable without being obliged to pay you any compensation. If you do send us unsolicited ideas:
- They will be deemed to be non-confidential; and
- We will not be required to provide any acknowledgement of their source.
9. Specific disclaimers regarding bpacnz Publications
While every care has been taken in compiling the bpacnz Publications, to the extent permitted by law, bpacnz, and its respective officers, agents and employees, take no responsibility for any errors, omissions or inaccuracies, give no representation or warranty as to any information’s accuracy, completeness, or suitability for any particular purpose and shall not be liable for any losses, costs, damages (incurred directly or indirectly) or other consequences whatsoever arising therefrom.
bpacnz, and its officers, agents and employees, assume no responsibility for action or inaction by any other party based on the information found in the bpacnz Publications and you are urged to seek appropriate professional advice before taking any steps in reliance on any such information.
The information in bpacnz Publications is specifically designed to address conditions and requirements in New Zealand and support health professionals in New Zealand and as such assumes the level of professional training required to appropriately interpret the advice contained therein. The information should be interpreted in light of professional knowledge and supplemented as necessary by specialised publications and by reference to product literature.
10. General disclaimers
We endeavour to ensure the accuracy of information available through our website and that the content of our website is free from errors. However, we do not give any warranty or other assurance as to the content of material appearing on our website, its accuracy, operation, quality, functionality, completeness, timeliness or suitability for any particular purpose.
To the maximum extent permitted by law, we provide our website, the bpacnz Publications and related information and services on an “as is” basis without any warranties, representations, or guarantees of any kind (whether, express, implied, statutory or otherwise) including, but not limited to, warranties of noninfringement, merchantability, or fitness for a particular purpose.
You acknowledge that if you rely on our website or any materials available through our website, you do so solely at your own risk.
The views expressed in any third party material published on our website are not necessarily the views of bpacnz and we expressly disclaim all responsibility for the content of any third party material published on our website.
Nothing in these terms of use is intended to avoid the provisions of the Consumer Guarantees Act 1993 except to the extent permitted by that Act, or to exclude liability arising under any other statute, if and to the extent that such liability cannot be lawfully excluded, and these terms of use shall be modified to the extent necessary to give effect to that intention. If you are acquiring goods or services for the purposes of a business you agree that the guarantees provided in the Consumer Guarantees Act 1993 shall not apply. We do not provide any express guarantees (as that term is defined in the Consumer Guarantees Act 1993) other than those expressly confirmed in these terms of use.
11. Limitation of liability
To the maximum extent permitted by law, we disclaim all responsibility for any damages or losses (including, without limitation, financial loss, damages for loss in business projects, loss of profits or other economic losses) whether arising in contract, tort (including negligence) or otherwise from the use of, or inability to use, our website or any material appearing on our website, or from any action or decision taken as a result of using our website or any such material.
12. Availability
Due to the nature of the Internet and electronic communications, we and our service providers do not warrant that our website or any associated services will be error free, without interruption or delay, or free from defects in design. Your use of our website and any associated services may be subject to interruption, restriction, or delay. We will not be liable to you should our website or the services supplied through our website become unavailable, interrupted, restricted, or delayed for any reason.
13. Hyperlinks and third party websites
You may create one or more hyperlinks to our website but you must not create any hotlink, inline link, or direct link (a ‘hotlink’) to our website (or any file on our website) or embed any page of our website on another website (using a frame, iframe, or otherwise) without our prior written permission in each instance. If you would like to create a hotlink to our website, please contact us. If you do create a hyperlink or hotlink to our website or embed our website in another website, you will do so at your own risk and you will be responsible for all losses (whether direct or indirect) that we may suffer as a result of that hyperlink, hotlink, or embedding and you will indemnify us against all claims arising from, or in connection with, that hyperlink, hotlink, or embedding.
Our website may provide links to Internet sites maintained by third parties. Such linked sites are not under our control and we are not responsible for their contents (including the accuracy or legality of any linked site or any material contained in a linked site). We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked site. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or service provided by any third party.
14. Malicious code
Although we endeavour to prevent the introduction of viruses or other malicious code (together, ‘malicious code’) to our website, we do not guarantee that our website, or any data available from our website, do not contain malicious code. We will not be liable for any damages or harm attributable to malicious code. You are responsible for ensuring that the process that you employ for accessing our website does not expose your computer system to the risk of interference or damage from malicious code.
15. Security
Although we endeavour to protect the security of your personal information you acknowledge that there is a risk of unauthorised access to (or alteration of) your transmissions or data or of the information contained on your computer system or on our website. We do not accept responsibility or liability of any nature for any losses that you may sustain as a result of such unauthorised access or alteration. All information transmitted to you or from you is transmitted at your risk, and you assume all responsibility and risks arising in relation to your use of our website and the internet. We do not accept responsibility for any interference or damage to your own computer system which may arise in connection with your accessing of our website or any outbound hyperlink.
16. Electronic communications
You consent to receiving communications from us electronically and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree to be bound by any agreement reached through electronic communications in terms of the Electronic Transactions Act 2002. You consent to receiving electronic messages and information sent by us (or on our behalf) for any purposes we deem to be necessary or desirable. You agree, pursuant to section 11(2) of the Unsolicited Electronic Messages Act 2007, that the person sending any such message need not include a functional unsubscribe facility in that message.
17. Privacy
We are committed to complying with the Privacy Act 1993. We may collect personal information you provide to us through our website for purposes which are relevant to our website and providing you with access to the bpacnz Publications. For example, we may collect your name and contact information and other details required to provide you with such access. We may also collect anonymous information regarding visitors to our website. This may include Internet Protocol (IP) address, previous sites visited, internet provider location and date and time of the visit.
In some instances if all necessary personal information is not provided, we may be unable to provide you with the services you require. We will not use your personal information for any purpose other than any purpose disclosed when we collect the information or in accordance with the Privacy Act 1993.
Any personal information we collect about you will be held by us at South Link House, 5 Melville Street, Dunedin. If you have any queries relating to our handling of your personal information please contact us using this address.
At any time you can advise us of changes to your personal information. You have the right to ask for the personal information held about you and to advise of any inaccuracy. If you make an access request, we will ask you to verify your identity and specify what information you require. Your request to us must be in writing. We reserve the right to charge a fee for any significant costs incurred by us in providing access to personal information.
18. Governing law
Our website is controlled and operated by us, from offices within New Zealand. Details contained on our website relating to products and services have been prepared in accordance with New Zealand law and may not satisfy the laws of any other country. We make no representations or warranties as to whether or not the information or products available from our website are appropriate or available for use in other countries.
These terms of use are governed by the laws of New Zealand and the courts of New Zealand shall have non-exclusive jurisdiction to hear and determine any dispute arising in relation to these terms of use.
These terms of use were last updated on 7 December, 2022.
