Website Terms of use

Welcome to the website of Feonix Pty Ltd (ABN 61 639 962 075) ("we", "us" or the "Feonix"), distributor of orthopaedic implants and other medical implants and healthcare consultancy services

This website is located on the web via the domain http://hthbusinesssolutions.net and includes all of the files located in that domain ("this site").

Agreement to these Website Terms of Use

By accessing this site, you agree to be bound by these terms of use ("Website Terms of Use"). These Website Terms of Use constitute a binding agreement between you and Feonix and govern your use of this site.

Privacy Policy

As part of these Website Terms of Use, your use of this site is also subject to our Privacy Policy (located at http://feonix.com.au/privacy-policy), which is incorporated by reference into these Website Terms of Use.

Restrictions on use

Prohibited conduct

Your use of this site is subject to you not;

• using any device, routine or software that interferes, or attempt to interfere, with the proper working of this site;

• using this site to, transmit any worms, viruses or Trojan horses, transfer or store illegal, threatening or obscene material or otherwise violate the security of any computer network;

• using this site to violate any applicable local, state, national or international law, or for any fraudulent or malicious purposes;

• using any spider, robot or search/retrieval application or any screen scraping, data mining or similar data gathering device, process, program or means to access, retrieve or index any portion of this site; 

• reverse engineering, decompiling, disassembling, adapting, modifying, translating, framing or reformatting  any of the material contained on this site;

• using or exploiting any of the material appearing on this site for, or in connection with, any business or enterprise (whether for profit or otherwise), including any business or enterprise that is in competition with this site;

• releasing  to the public any news release, advertising material, promotional material or any other form of publicity or information relating to Feonix or its clients without  Feonix's prior written consent. 

 Without limiting any other remedies available to Feonix at law or in equity, Feonix reserves the right to, without notice:

• temporarily or indefinitely suspend, or terminate, your access to this site or refuse to provide products or services to you if:

- you breach any provision of these Website Terms of Use; or 

- Feonix believes that your actions may cause damage and/or legal liability to the Feonix, any of its customers or suppliers or any other person.

Indemnity

You indemnify and hold harmless Feonix and its officers, employees, agents, consultants, licensors, partners and affiliates from and against any losses, liabilities, costs, expenses or damages (including actual, special, indirect and consequential losses or damages of every kind and nature, including all legal fees on a solicitor-client basis) suffered or incurred by any of them due to, arising out of, or in any way related to (directly or indirectly):

• your use of, or connection to, this site; or

• your negligence or misconduct, breach of these Website Terms of Use or violation of any law or the rights of any person.

Intellectual property

Copyright

In these Website Terms of Use, the term "Proprietary Content" means:

• this site;

• all of its content (including all of the text, graphics, designs, software, data, sound and video files and other information contained in this site, and the selection and arrangement thereof); and

• all software, systems and other information owned or used by Feonix in connection with this site (whether hosted on the same server as this site or otherwise).

All Proprietary Content is the property of  Feonix or its licensors (as applicable) and is protected by Australian and international copyright laws. You must not reproduce, transmit, republish or prepare derivative works from any of the Proprietary Content, except as expressly authorised by these Website Terms of Use or with the prior written consent of the Feonix or other copyright owner (as applicable).

You may download and print out content from this site only for your own personal and non-commercial use and provided that you do not remove or modify any copyright, trademark or other proprietary notices.

Trademarks

The look and feel of this site (including all button icons, scripts, custom graphics and headers) are the trademarks, service marks and/or trade dress of Feonix or its clients. These trademarks, service marks and trade dress may not be used, copied or imitated, in whole or in part, without the prior written consent of Feonix or its clients.

Copyright claims

If you believe that our site contains any material that infringes upon any copyright that you hold or control, or that users are directed through a link on this site to a third party website that you believe is infringing upon any copyright that you hold or control, you may send a notification of such alleged infringement to us in writing. Such notification should identify the works that are allegedly being infringed upon and the allegedly infringing material and give particulars of the alleged infringement. In response to such a notification, we will give a written notice of a claim of copyright infringement to the provider of the allegedly infringing material. If the provider of that material does not respond to us in writing denying the alleged infringement within 14 days after receipt of that notice, we will remove or block the allegedly infringing material as soon as is reasonably practicable. If the provider of that material responds to us in writing denying the alleged infringement, we will, as soon as is reasonably practicable, send a copy of that response to the original notifying party. If the original notifying party does not, within a further 14 days, file an action seeking a court order against the provider of the allegedly infringing material, we may restore any removed or blocked material at our discretion. If the original notifying party files such a legal action, we will remove or block the allegedly infringing material pending resolution of that legal action.

Disclaimer of warranties

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FEONIX AND ITS OFFICERS, EMPLOYEES, AGENTS, CONSULTANTS, LICENSORS, PARTNERS AND AFFILIATES EXPRESSLY DISCLAIM ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE) IN RELATION TO THIS SITE, INCLUDING ANY IMPLIED WARRANTY/GUARANTEE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.

This site is provided strictly on an "as is" basis.  To the maximum extent permitted by law, Feonix and its officers, employees, agents, and consultants, make no representation, warranty or guarantee as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of this site or any of its content, and in particular do not represent, warrant or guarantee that:

• the use of this site will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;

• anything on this site, or on any third-party website referred or linked to in this site, is reliable, accurate, complete or up-to-date;

• the quality of any information or other material purchased or obtained through this site will meet any particular requirements or expectations;

• errors or defects will be corrected; or

• this site or the servers that make it available are free of viruses or other harmful components.

No Medical Advice 


The information posted here should not be considered medical advice and is not intended to replace consultation with a qualified medical professional. You should always consult a medical professional, such as a physician, to determine what courses of treatment, if any, may be appropriate. We do not answer specific medical questions.

We are DISTRIBUTORS (NOT PUBLISHERS) of the content supplied by visitors and other third parties. Accordingly, we have no more editorial control over this content than does a public library. Any opinions, advice, statements, services, offers or other information or content made available by members, visitors and other third parties are those of the respective author(s). We cannot and do not endorse it in any way, nor do we vouch for its accuracy or usefulness. Furthermore, we expressly disclaim any liability associated with material posted by third parties.

The views, opinions, promotional activities, personalised techniques or experiences of our clients  products whether stated in isolation or in comparison to alternative products that are expressed by customers, healthcare professionals or patients are those of the individual and do not reflect the views and opinions of Feonix.

Proper surgical procedures and techniques are the responsibility of the medical professional. Each surgeon must evaluate the appropriateness of products and procedures based on their medical training and experience and their assessment of patient suitability. Prior to using any product or instrumented procedure, the surgeon should refer to the product instructions for use (IFU) for additional warning, precautions, indications, contraindications and adverse effects.

Individual patient’s results and levels of activity after surgery vary and depend on many factors. There are risks and recovery times associated with surgery and not all patients are suited to undergo surgery.

Limitation of liability

Exclusion of liability

To the maximum extent permitted by law, Feonix and its officers, employees, agents, consultants, licensors, partners and affiliates exclude all liability to you or any other person for any loss, cost, expense, claim or damage (whether arising in contract, negligence, tort, equity, statute or otherwise, and for any loss, whether it be consequential, indirect, incidental, special, punitive, exemplary or otherwise, including any loss of profits, loss or corruption of data or loss of goodwill) arising directly or indirectly out of, or in connection with, these Website Terms of Use or the use of this site by you or any other person.

Release

You agree that your use of this site is at your own discretion and risk. You agree to release the Feonix and its officers, employees, agents, consultants, licensors, partners and affiliates from any claim, demand or cause of action that you may have against any of them arising from these Website Terms of Use or the use of this site by you or any other person. The Feonix may plead this release as a bar and complete defence to any claims or proceedings.

General.

Assignment

You may not assign, transfer or sub-contract any of your rights or obligations under these Website Terms of Use without Feonix's prior written consent.

Feonix may assign, transfer or sub-contract any of its rights or obligations under these Website Terms of Use at any time without notice to you.

No waiver

Waiver of any power or right under these Website Terms of Use must be in writing signed by the party entitled to the benefit of that power or right and is effective only to the extent set out in that written waiver. Any failure by Feonix to act with respect to a breach by you or others does not waive Feonix's right to act with respect to that breach or any subsequent or similar breaches.

Severability

The provisions of these Website Terms of Use are severable and, if any provision of these Website Terms of Use is held to be illegal, invalid or unenforceable under present or future law, such provision may be removed and the remaining provisions shall be enforced.

Variation

Feonix reserves the right to amend these Website Terms of Use and any other policy on this site at any time in its sole discretion and any such changes will, unless otherwise noted, be effective immediately. Your continued usage of this site will mean you accept those amendments. We reserve the right, without notice and at our sole discretion, to change, suspend, discontinue or impose limits on any aspect or content of this site.

You may only vary or amend these Website Terms of Use by written agreement with Feonix.

Governing law and jurisdiction

These Website Terms of Use will be governed in all respects by the laws of New South Wales. The parties irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them.