Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS WEBSITE

This website (www.amicusrx.com.au) (“Website”) is operated by Amicus Therapeutics Pty Ltd (“Amicus”, “we”, “us” or “our”) and has been created to provide information about our company, our research and development activities, and information required by applicable laws and regulations to our website visitors (“you” or “your”). These Terms of Use (“Terms”) describe the terms and conditions applicable to your the use of this Website.

BY ACCESSING, BROWSING OR OTHERWISE USING THIS WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO ABIDE BY THESE TERMS. If you do not agree to any or all of these Terms, you shall refrain from accessing, browsing or using this Website further.

By using this Website, you represent that you are at least 18 years old.

These Terms refer to the following additional items, which also apply to the use of our Website:

  • Our Privacy Notice, which sets out the terms on which we may process any personal data we collect from you during your use of this Website, or that you provide to us.
  • Our Cookie Statement, which sets out information about the cookies used on our Website.

CHANGES TO THESE TERMS

You understand and agree that Amicus reserves the right to modify these Terms at any time. We will post any changes online at https://www.amicusrx.com.au/terms-of-use/ where you may read a current, effective copy of these Terms. All changes shall be effective immediately upon posting on the Website. You are advised to review the Terms on a regular basis as your continued access or use of the Website after the modifications have become effective shall be deemed your conclusive acceptance of the modified Terms. If any change to the Terms is not acceptable to you, you should cease accessing, browsing and otherwise using the Website any further.

ACCESSING OUR SITE AND YOUR RESPONSIBILITY

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will always be available or be uninterrupted and free from errors or omissions. Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Website without notice. We will not be liable to you if, for any reason, our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to use and have access to our Website and waive all claims or causes of action against Amicus, its officers, directors, employees, agents and affiliates in connection therewith. Furthermore, you hereby warrant that you will not use this Website to:

(a) upload, post, email, or otherwise transmit the content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
(b) upload, post, email, or otherwise transmit personal data about anyone other than yourself without that person’s consent;
(c) upload, post, email, or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
(d) violate any applicable law or regulation in relation to your use of the Website including, but not limited to, regulations promulgated by any securities exchange; or
(e) collect or store personal data about other users.

You are also responsible for ensuring that persons who access our Website through your internet connection are aware of these Terms, and other applicable terms and conditions, and that they comply with them.

LICENSE AND SCOPE OF USE

The contents of our Website, including its “look and feel” ( e.g., text, graphics, images, logos, and button icons), editorial content, notices, software (including HTML or XML-based computer programs) and other material, are protected under foreign copyright, trademark, and other applicable laws and treaties around the world. These contents belong or are licensed to Amicus. All rights are reserved. Other company, product, and service names located on this Website may be trademarks or service marks owned by third parties.

We hereby grant you the right to view and use our Website subject to these Terms. You may download or print a copy of information provided in the Website for personal, non-commercial use or, if you are a business user, for internal use or distribution only. Nothing contained in this Website shall be construed as granting a license or other rights under any patent, trademark, copyright or other intellectual property of Amicus or any third party. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from accompanying text. Permission to reprint or electronically reproduce any document or graphic in whole or in part for any other purpose is expressly prohibited, unless prior written consent is obtained from us. If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

If you wish to make any use of content of our Website other than that set out above, please contact australia@amicusrx.com.

LIMITATION OF LIABILITY

Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, fraud, fraudulent misrepresentation or any other liability that cannot be excluded or limited by Australian Federal law.

To the extent permitted by applicable law, we exclude all conditions, warranties, representations or other terms that may apply to our Website or any content on it, whether express or implied. We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty or otherwise, even if foreseeable, arising under or in connection with:

  • use of, or inability to use, our Website; or
  • use of, or reliance on, any content displayed on our Website.
  • If you are a business user, please note that we will not be liable for:
  • loss of profits, sales, business or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer, please note that we only provide our Website for domestic and personal use. You agree not to use our Website for any commercial or business purpose and we have no liability to you for any loss or profit, loss of business, business interruption or loss or business opportunity.

VIRUSES

We do not guarantee that our Website will be free from bugs or viruses. We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any content on it or on any website linked to it. You are responsible for configuring your information technology, computer programs and platform in order to access our Website. You should use your own virus protection software.

You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 as applicable. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Website will cease immediately.

LINKS TO OUR WEBSITE FROM THIRD PARTY WEBSITES

We welcome links to our Site from other Website; however, you must link to our home page in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed in any other website, nor may you create a link to any part of our Website other than the home page.

Permission is required before we link. To request permission, please contact us at australia@amicusrx.com We in no way operate, control or endorse linking websites, and we reserve the right to disallow any such link at any time in our sole discretion.

DISCLAIMER

THIS WEBSITE AND THE INFORMATION IT CONTAINS IS MADE AVAILABLE “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION ON THIS SITE IS UP-TO-DATE, ACCURATE, OR COMPLETE, AND YOU SHOULD NOT RELY ON IT FOR ANY DECISION OR TO TAKE ANY ACTION. WE HEREBY DISCLAIM ANY WARRANTY THAT THE INFORMATION ON THIS SITE WILL BE FREE OF INTERRUPTION, OR THAT THE SITE IS FREE OF VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFEST CONTAMINATING OR DESTRUCTIVE PROPERTIES.

You are responsible for verifying any information before relying on it. Use of this Website and the content available on this Website is at your sole risk.

MEDICAL OR PROFESSIONAL SERVICES ADVICE DISCLAIMER

The content on this Website is intended to be a general information resource in regard to the subject matter covered but is provided solely on an “as is” and “as available” basis as noted on these Terms. You are encouraged to confirm the information contained herein with other sources, and to review the information carefully with your professional healthcare provider. Amicus is not engaged in rendering medical or similar professional services or advice via this Website, and the information provided is not intended to replace medical advice offered by a professional physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Amicus’ publication of this content as an endorsement by Amicus of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action or application of medication or preparation made by the author of the content.

INDEMNITY

You agree to indemnify, defend and hold harmless Amicus, its officers, directors, employees, agents and affiliates from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, arising out of or relating to any violation of these Terms or any activity related to use of the Website (including but not limited to infringement of third parties’ worldwide intellectual property rights or negligent or wrongful conduct) by you or any other person accessing the Site on your behalf.

PRIVACY

We collect personally identifying information from visitors to our Website if they voluntarily decide to provide such information to us through one of the online provided e-mail addresses. Visitors are invited to make inquiries about Amicus and our research, or to inquire about job opportunities. We will use the information you provide us in those communications to respond to your inquiry, but will not use or disclose it in any other way without your express consent, except to contractors or service providers who may provide services or perform functions on our behalf – for example, an information technology service provider or human resources consultant. Those contractors and service providers are permitted to use your personal data only for the purpose for which it has been provided and may not disclose it to any other third party except at our express direction and consistently with this paragraph.

We also collect aggregated technical information from you and others as you browse our Site and may, in the future, use cookies to collect information about how our Site is used.

See our Privacy Notice and our Cookie Statement,which are incorporated into these Terms by reference, for more information about how your personal data may be collected and processed via our Website or email us at dataprivacyofficer@amicusrx.com shall you have any privacy related inquiries.

Unless we agree otherwise in writing, we require you to use any personal data that we supply to you about members of our staff and/or third parties only for the purposes for which such data is disclosed to you.

This paragraph applies only to personal data collected from visitors through our Website and not to personal data that Amicus may collect in its research or through any off-line or other activities.

EMPLOYMENT OPPORTUNITIES

We welcome expressions of interest in employment with Amicus. Amicus does not discriminate in hiring or employment on the basis of race, colour, religion, disability, national origin, age, sex, or any other characteristics protected by applicable federal, state or local law. You understand that an invitation to submit your resume or expression of interest in a job posted on the Website is not intended to, and does not, create a contract between you and Amicus for employment or for any other benefit. You understand that any communication sent by you to Amicus inquiring about employment shall not be considered an application for employment and creates no obligation on the part of Amicus to respond. Should Amicus be interested in exploring employment opportunities with you, we will contact you in response to your inquiry.

GOVERNING LAW AND SEVERABILITY

If you are a customer, please note that these Terms, their subject matter and formation (and any non-contractual disputes or claims) are governed by Australian Federal law.

Our Website is directed to people residing in Australia. We do not represent that content available on or through our Website is appropriate or available for use in other locations, and access to the Amicus Site from territories where the content of the Amicus Site may be illegal is prohibited. Those who choose to access the Amicus Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. We may limit the availability of our Website described on our Website to any person or geographic area at any time.

If any provision of these Terms is held invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable. The parties further agree to replace such invalid or unenforceable provision of these Terms with a valid and enforceable provision that will achieve, to the extent possible, the economic, business and other purposes of such invalid or unenforceable provision.

CONTACTING US

To inquire about linking to our Website or about trademark or copyright matters or if you have any questions or concerns about these Terms, please contact us at australia@amicusrx.com.

VIOLATIONS

We recommend users who find inappropriate content to contact us immediately. In addition, we reserve the right to remove all material that we consider inappropriate. This includes pornographic, offensive, defamatory, undocumented, illegal material(s) that is/are in any way contrary to accepted morality and behaviour.