Terms and Conditions

The following Terms and Conditions govern and apply to your use and/or reliance upon this and any website maintained by Gilead Sciences, Inc., including its wholly owned subsidiaries and successors (together, referred to as "Gilead").

HIV Is

Terms of Use

Your (“You” or “Your”) access to and use of this website is subject to the following terms and conditions (“Terms of Use”) and the Privacy Policy available here (“Privacy Policy”) of Gilead Sciences Pty Ltd (Gilead). This Gilead Website (“Website”) is intended for Australian healthcare professionals for educational purposes interested to or actual participating in Gilead “HIV Is” educational program (the “Program”).

Gilead has engaged Stickyeyes (together or separately as the context requires, the “Authorized Service Providers”) to host the Website on servers based in 100 Wellington St, Leeds LS1 4LT, United Kingdom and for Program Purposes worldwide. All references to Gilead in these Terms of Use include reference to Gilead Authorized Service Providers in the context of the Program.

Your access or use of this Gilead Website indicates Your acceptance of these terms. If You do not accept these Terms of Use, You cannot use this Website and You are kindly requested to exit.  Gilead reserves the right to change these Terms of Use without notice.  Any modification to the Terms of Use will become binding when published.

Please note that use of the Website may be subject to further terms and conditions between you and the third party hosting platform (“Platform”), which is currently run by Stickyeyes. For further details, please see https://www.stickyeyes.com/privacy-and-cookies/.

 

  1. Purpose: This Website is made available by Gilead to communicate the terms and conditions and is intended for use by Australian healthcare professionals above the age of 18 who are interested to attend or participate in the Program. You acknowledge that the Program is intended for medical educational purposes and without any intention to induce, influence or reward the past, present or future prescribing, supply, purchasing or recommendation of any of Gilead’s products. The content of this Website or the Program is intended is not intended to be a substitute for, or to override, any professional medical advice, diagnosis or treatment. Any Gilead product information relates to approved product labelling in Australia. As regulations and permitted uses of available treatments vary country to country, You should always refer to local approved product labelling and patient leaflets or healthcare professionals for further information.  Gilead is not liable for any treatments referenced in this Website or for any usage prescribed by a healthcare professional contrary to the approved country labelling.

 

  1. Use and reliance on the Website: Gilead reserves the right to add, delete or change any information or functionality on this Website at any time without notice or liability. The contents of this Website, including without limitation, all data, information, text, graphics, links, and other materials are provided for Your use in Your professional capacity and as a convenience to You on an "as is" basis and are meant to be used for informational purposes only. While every effort has been made to ensure that the data provided on this Website or as part of the Program is up to date and accurate at the time of publication, the data must not be considered complete or comprehensive. Use of the Website and reliance on any information provided in this Website or resources linked to this Website are done solely at Your own risk.

 

  1. Scope of use and rights in contents: This Website and its contents (including images displayed and the trademarks used), are protected by copyright, trade mark, and other intellectual property or proprietary rights and are owned by Gilead, Gilead company affiliates or third parties. This Website is provided for Your personal, non-commercial and legal use only. The trademarks, brand names, logos and related tag-lines and service marks (the “Trademarks”) (Gilead and its company affiliates are the owners of all registered and unregistered trademarks of Gilead. Except as expressly permitted in these Terms of Use, no portion of the Website or the context, including without limitation trademarks, trade names, and logos, may be reproduced in any form, or by any means, without prior written permission from Gilead or applicable third party. Unauthorised downloading, redistribution, retransmission, copying, modification or commercial use of the content may be a violation of applicable copyright law and could result in legal action. Subject to the preceding paragraph, Gilead grants You a limited non-transferable and non-exclusive license to use this Website solely for Your personal and non-commercial use. Such license is revocable by Gilead at any time at the sole option of Gilead. It is Gilead’s policy to enforce our intellectual property rights to the fullest extent permitted under law.

 

  1. Compliance: You may only use this Website and any information in or downloaded from this Website in compliance with these Terms of Use, applicable laws, and regulations and You may not violate the rights of others. You agree not to upload to the Website any files that contain viruses, malware, spyware, "Trojan Horses", worms, cancelbots, corrupted files or other such similarly destructive features or otherwise in any way damage, disable or impair the operation of the Website, or attempt to do any of the same, or gain or attempt to gain unauthorised access to the Website, or to networks connected to it, or to Program content delivered through it, by any means including by hacking, spoofing or seeking to circumvent or defeat any firewalls or other technological or other protections or security measures.  The Website and material from the Website may not be copied, distributed, modified, reused, reposted, or otherwise exploited except as provided in these Terms of Use without our express written permission. The Website and materials from the Website may be downloaded only for the purposes of listening to one or more Website episodes or referring to any reference materials provided with the Website.

 

  1. Cookies: When you visit this Website, it may store or retrieve information on your browser, mostly in the form of cookies. Cookies are small text files that are transferred to your computer or device’s hard drive by a website. This information might be about you, your preferences, your device and is typically used to make the site work as you expect it. This information does not directly identify you, but it can give you a more personalized we experience. Please note that blocking some types of cookies may impact your experience with the Website and the services offered.

 

  1. Adverse Events, Medical Information Requests, Transparency Enquiries and Media Enquiries: This Website is not intended to collect adverse events about Gilead products or for transparency or corporate media enquiries and are not monitored for this purpose. For all Medical Information requests, you can either submit via the Website or send an email to [email protected]. For all media enquiries, please contact Senate SHJ on [email protected] and for all transparency enquiries, please email [email protected]. Adverse events related to Gilead products should be reported directly to Gilead Australia. To report an adverse event, please contact Gilead directly on 1 800 806 112 (within Australia) or at [email protected].

 

  1. Third Party websites and Applications: The Website and related Program communications may contain links to third party websites or applications which may be of interest to You. However, Gilead does not vet or otherwise approve the content of any such third-party websites or applications and Your use of such websites and applications is entirely at Your own risk. We do not accept responsibility or liability for the availability or content of any third-party websites or applications, nor liability for any damage or harm that You may suffer from visiting and/or using them.

 

  1. Privacy and Transparency Policies: Gilead complies with the Australian Privacy Act 1988 (Cth) and is committed to protecting the privacy of any personal information that You provide in using this Website. Gilead, its company affiliates and its Authorised Service Providers will handle any personal information that You provide in the course of using this Website, for the purpose of administering and the Program, the Website and for any incidental related purpose and related legal, monitoring, records-keeping and compliance purposes, and in accordance with Gilead’s Privacy Policy available here. For more information about how Gilead handles Your personal information and Your rights, please see Gilead’s Privacy Policy. If You have any further questions about the use of Your personal information, including if You would like to update or correct Your personal information, please contact [email protected]. If disclosure is required for any fees or expenses paid to You in connection with the Program, You consent to Gilead’s public disclosure of such information and related Program or personal information (the “Transparency Data”) in accordance with Applicable laws, regulations or self-regulatory transparency obligations as set out in more detail here.

 

  1. Not-Spam: Gilead’s interactions with You are also regulated under the Spam Act 2003 (Cth). Gilead complies with these laws and will not send You a commercial electronic message unless permitted by that Act. By submitting Your email address, You agree that Gilead and its Authorised Service Providers will use Your email address to contact You for any of the purposes listed in these Terms of Use.

 

  1. Use of information that does not identify You: Some of the information that is collected during Your visit to this Website is not personal information because it does not reveal Your identity. For example, Gilead, its affiliates and Authorized Service Providers may record Your server address, domain name, the date and time of Your visit to the Website and the pages that You viewed. This information is used in an anonymous, aggregated form only for statistical and Website or Program development purposes. Gilead reserves the right to use or disclose this information where it reasonably believes that the individual may have engaged in unlawful or in appropriate activity in connection with this Website.

 

  1. Security: By using this Website, You agree not to disrupt, intercept our electronic information posted on this Website or on any of our servers or to circumvent the security features of this Website.

 

  1. Prohibited content: You are prohibited from submitting, posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability or would otherwise violate the law. Gilead will fully cooperate with any law enforcement authorities or court order requesting or directing Gilead to disclose the identity of anyone posting any such information or materials.

 

  1. No guarantee or warranty: Gilead does not guarantee or warrant the availability, quality, accuracy, completeness, safety, timeliness, appropriateness, or suitability of the information on the Website or of any functionality or services referenced on the Website. The information contained in this Website is accurate as at the date of publication. The information and the Website may be changed from time to time without notice. To the full extent permitted by local law, Gilead disclaims all warranties, representations, or conditions regarding use of the Website or the information, including all implied warranties of merchantability, fitness for a particular purpose, non-infringement, whether expressed or implied, or arising from a course of dealing, usage or trade practice.

 

  1. Disclaimer of liability: To the full extent permitted by local law, Gilead assumes no liability for the delay, failure, interruption, corruption, or loss of any data transmitted via this Website and does not warrant that the Website is free of infection, viruses, worms, malicious content, or codes that manifest contaminating or destructive properties. Gilead, its Affiliates and any other parties involved in the creation, production, or delivery of the Website, including the provision of information, disclaim any responsibility and will not be liable for damages, claims, liabilities, costs, or obligations including any direct, indirect, special, incidental, or consequential damages whatsoever and however caused, arising out of or in connection with the use or misuse of the Website or the information whether such damages arise in contract, tort, or negligence. The foregoing exclusion of liability will not apply in the event that the damage results from the gross negligence or willful misconduct of Gilead.

 

  1. Indemnification: You agree to indemnify, defend, and hold harmless Gilead from any liability, loss, claim, and expense (including reasonable legal fees) related to Your violation of these Terms of Use.

 

  1. Governing law: Any matter arising in connection with this Website will be governed by the laws of the State of Victoria, Australia and will be subject to the exclusive jurisdiction of the competent court in the State of Victoria, Australia.

 

How to Contact Us:

Company name: Gilead Sciences Pty Ltd
Address: Level 6, 417 St Kilda Road, Melbourne, Victoria, 3004, Australia
Phone: +61 (0)3 9272 4400
Freecall: 1 800 806 112
Fax: +61 (0)3 9272 4411

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