Terms of Use

1. Acceptance of the Terms and Conditions

ZOLL Medical Australia PTY LTD (herein referred to as the "ZOLL," "we," "us" or "our") provides and makes available this Web site (the "Site"). All use of this Web Site is subject to the terms and conditions contained in this Terms of Use Agreement (the "Agreement"). Please read this page carefully. By accessing, browsing or using this Site, you acknowledge that you have read, understood, and agree to be bound by this Agreement. If you do not accept the terms and conditions of this Agreement, do not use the Site. You understand and agree that we may change this Agreement at any time without prior notice. You may read a current, effective copy of this Agreement at any time by selecting the "Terms of Use" link on the Site. The revised Terms and Conditions will become effective at the time of posting. If any change to this Agreement is not acceptable, your sole remedy is to cease using the Site. Any use of the Site after such Effective Date shall constitute acceptance by you of such revised Terms and Conditions.

2. Use of the Site

2.1 This Site contains material, such as software, text, graphics, images, and other material (collectively referred to as the "Content"). The Content may be owned by us or may be provided through an arrangement we have with others. The Content is protected by copyright under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of the Content on any other Web site or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this Agreement, your permission to access and/or use the Content and Site automatically terminates and you must immediately destroy any copies you have made of the Content.

2.2 ZOLL's trademarks, service marks, and logos (hereinafter "ZOLL Trademarks") used and displayed on this Site are registered and unregistered trademarks or service marks of ZOLL. Other company, product, and service names located on the Site may be trademarks or service marks owned by others (the "Third-Party Trademarks", and, collectively with the ZOLL Trademarks, the "Trademarks"). The Trademarks may not be used without ZOLL's prior written permission. Use of any Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by the Company in writing.

2.3 The Site contains links to third-party web sites ("External Sites"). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all web sites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.

3. Limit of Liability and Warranty

3.1 ZOLL, ITS AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE "COMPANY PARTIES") MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT, INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY. THE COMPANY PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE SITE AND THE CONTENT AT YOUR OWN RISK. THE SITE AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD- PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.

3.2 IN NO EVENT SHALL ANY COMPANY PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE AND THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF A COMPANY PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

3.3 Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, THE LIABILITY OF THE COMPANY PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

4

. Indemnification

You agree to defend, indemnify, and hold harmless the Company Parties, from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement or your access to, use or misuse of the Content or Site. ZOLL shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. ZOLL reserves the right to assume the exclusive defense and control of any matter, which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting ZOLL's defense of such matter.

5. Termination of the Agreement

ZOLL may terminate, change, suspend, or discontinue any aspect of this Site, including the availability of any features of the Site, at any time. ZOLL may also impose limits on certain features or restrict your access to parts or the entire Site without notice or liability. ZOLL may terminate the authorization and rights given herein, and, upon such termination, you shall immediately destroy all materials from the Site.

6. No Framing

Elements of the Site are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including but not limited to, the use of framing or mirrors, except where allowed in Section 2. None of the Content for this Site may be retransmitted without express written consent from us for each and every instance.

7. User Must Comply with Applicable Laws

7.1 This Site is based in Sydney Australia . We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of Australia . If you access the Web Site or the Content from outside of Australia, you do so at your own risk. Whether inside or outside of Australia, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

7.2 As a United States based company, the USA controls the export of products and information. You expressly agree to comply with such restrictions and not to export or re-export any of the Content to countries or persons prohibited under the export control laws of the USA. By downloading the Content, you are expressly agreeing that you are not in a country where such export is prohibited or are a person or entity for which such export is prohibited. You are solely responsible for compliance with the laws of your specific jurisdiction regarding the import, export, or re-export of the Content.

8. Miscellaneous

This Agreement is governed by the internal substantive laws of the State of New South Wales. You expressly agree to submit to the exclusive personal jurisdiction of the state and federal courts sitting in the State of New South Wales. If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. Failure of ZOLL to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against ZOLL unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. This Agreement constitutes the entire Agreement between you and ZOLL with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter. The section headings are provided merely for convenience and shall not be given any legal import.

8.1 Trademark Language.
"Advancing Resuscitation. Today.", AED Plus, Base PowerCharger, CPR-D•padz, E Series, EasyRead Tri-Mode Display, M Series, Protocol Assist Code Markers, Rapid Cable Deployment System, Real CPR Help, Rectilinear Biphasic, RescueNet, ZOLL Data Systems, and ZOLL PD 1200 are trademarks of ZOLL Medical Corporation. LifeVest is a registered trademark of LIFECOR, Inc. The ResQPOD is a registered trademark of Advanced Circulatory Systems, Inc. AED Pro, AutoPulse, CodeNet, LifeBand, pedi•padz, Power Infuser, pro•padzstat•padz, ZOLL, and ZOLL NTP are registered trademarks of ZOLL Medical Corporation. All trademarks are property of their respective owners.

8.2 Privacy Policy.
ZOLL Medical Corporation. ("ZOLL") operates and owns zoll.com, zolldata.com zoll.com.au, and our ecommerce component, zollstore.com  (the "Site").   ZOLL values your privacy, and ZOLL has created this Privacy Policy to describe generally how ZOLL collects, uses and transfers the personally identifiable information about you that is collected by ZOLL through the Site.

Please review this Privacy Policy.  By using the Site or by otherwise providing any personally identifiable information to ZOLL, you are consenting to the collection, use and disclosure of your personally identifiable information as set forth in this Privacy Policy.  If you do not consent to the use of your personally identifiable information as described in this Privacy Policy, please do not provide any personally identifiable information about yourself to ZOLL.

 

8.3 What is Personally Identifiable Information?
The term "personally identifiable information" means information that identifies you personally, alone or in combination with other information available to us.  Your personally identifiable information may include your name, your e-mail address, credit card number and expiration date or your telephone number.

8.4 Why We Collect Personally identifiable information
Because it helps ZOLL deliver superior services to you.  Also, it allows ZOLL to streamline the request of products and services from the Site.  In addition, your personally identifiable information helps us keep you posted on the latest product and service announcements, special offers, and events that you might like to hear about.

ZOLL collects information, some of which may be personally identifiable information, that you choose to provide to us by email or through your use of the Site, for example, by filling out an information request form or a contact form.  ZOLL may collect general and non-personally identifiable information from you such as information about your use of the Site and the Internet. 

Anonymous Technical Data. When you access the Site, ZOLL may use standard web server technology to collect technical information, such as the name of your Internet service provider, its IP address, the name of its server, your operating system, and your browser type.  ZOLL uses this information to improve the Site and make it more compatible with the technology used by ZOLL's visitors. The information we receive depends on the settings on your web browser. Please check your browser if you want to learn more about what information your browser sends or how to change your settings. This type of information does not identify you personally.  Unless you access this Site through an email we have sent you or have created a "user identity" by logging on during one of your visits, this information will not be linked to information that identifies you personally.  We use this information to create statistics that help us improve our sites and make them more compatible with the technology used by our Internet visitors.

Anonymous Click-Stream Data. When you access the Site, ZOLL may use "cookies" and related technologies to collect what is commonly called "click-stream data," to track your use of the Site.  For example, ZOLL may track which pages you view and which links you use. ZOLL uses click-stream data to determine what features and information are important and valuable to you as well as assisting ZOLL to determine whether the Site is easy to use or whether it needs to be revised.  Click-stream data does not identify you personally.

What are "cookies"? Cookies are small text files of information that are created by the ZOLL server and that are placed on your hard drive.  Cookies make it possible for ZOLL to recognize you as you move from page to page, but they do not personally identify you.  The use of cookies by ZOLL is intended to make your use of the Site easier and to save you time.  

Can I reject "cookies"? If you do not wish to receive cookies, you may set your browser to reject cookies or to alert you when a cookie is placed on your computer. Although you are not required to accept cookies when you visit the Site, you may not be able to take advantage of all the features of the Site or services offered by ZOLL through the Site.

Personally Identifiable Information You Provide.  ZOLL collects the information (which may include personally identifiable information) you knowingly and voluntarily provide to us when you use the Site. For example, ZOLL collects the information you provide when you request information from ZOLL or if you complete an on-line form to order products through the Site. This information may include, for example, your name, the name of your company, your or your company's mailing address, or your e-mail address.

Financial Information. In order to facilitate the billing and payment of your accounts and purchases from ZOLL, ZOLL may collect financial information from or about you, such as credit card numbers, billing addresses, expiration dates, etc.,. 

Supplemental Information.  ZOLL sometimes supplements the information you provide with information that is received from third parties.  For example, if ZOLL receives an inaccurate postal or zip code, ZOLL may use third-party software to correct the error.  

8.5 You Can Choose to Limit the Disclosure of Personally Identifiable Information
ZOLL attempts to notify you about which personally identifiable information you provide is optional and which is required.  Even if such personally identifiable information is required, you can always choose to decline to provide ZOLL with such information.  However, if you do not provide ZOLL with required personally identifiable information, then ZOLL may not be able to respond to your requests or to provide you with all of the products or services sought by you.  If you have any concerns about the Privacy Policy or about how ZOLL handles your personally identifiable information, please contact us at the address below.

8.6 How Does ZOLL Use the Personally Identifiable Information it Collects?
ZOLL uses the information provided by you to ZOLL, including personally identifiable information, for the purposes for which you provide it, including, without limitation, to provide you with products and services requested by you.  Additionally, if you enter into a legal agreement with ZOLL, ZOLL may use the personally identifiable information provided to ZOLL to perform ZOLL's contractual obligations under such agreements.  From time to time, ZOLL may also send you information about ZOLL products and services that may be of interest to you.  If you do not wish to receive e-mails or post from us for these purposes, please let us know by contacting us atinfo@zoll.com.au 

ZOLL may combine information provided by you or collected by ZOLL, including, without limitation, personally identifiable information, with information it receives from third-parties and use such aggregated information for marketing efforts.

ZOLL may also use personally identifiable information or aggregated information (information that cannot identify you) to run the Site and to improve the content and functionality of the Site, increase the effectiveness of ZOLL's customer service, improve fraud prevention, perform marketing research, and for other marketing purposes. ZOLL may also remove all the personally identifiable information and use the anonymous data for historical, statistical or scientific purposes.

ZOLL may use personally identifiable information for other business purposes, provided such uses are allowed by applicable law.   For instance, ZOLL will use some personally identifiable information to process orders for ZOLL products and services.

8.7 Does ZOLL Share Personally identifiable information With Others?
If ZOLL shares any personally identifiable information with third-parties, it does so to the extent allowed by law and regulation.  ZOLL may share the personally identifiable information about you with its third party service providers who act for or on behalf of ZOLL, for instance, credit card processing companies.

ZOLL may also share your personally identifiable information with ZOLL's corporate affiliates, which can use your information only in the manner that ZOLL does.

In some other, limited circumstances, ZOLL may share or transfer information, including personally identifiable information in ZOLL's databases to an unrelated third party, for example, to comply with a legal requirement or court order; in the event of a tax audit or other investigation; to investigate a possible crime, such as credit card fraud; to protect the security of the Site and the integrity of ZOLL's databases; if ZOLL reorganizes or merges with another organization, or in some similar event.  Whenever ZOLL shares personally identifiable information with third parties, ZOLL takes reasonable steps, by contract or otherwise, to limit the use and prevent the unauthorized disclosure of that personally identifiable information.

ZOLL does not, at this time, share its mailing lists with other organizations, except as described above. ZOLL does not lease or sell personally identifiable information to third-parties.

8.8 How Long Does ZOLL Retain Personally identifiable information?
ZOLL retains personally identifiable information only as long as necessary to provide the services and information you request or as otherwise required or permitted by applicable laws.

8.9 How Can you Review, Correct and Update Your Personally identifiable information?
You may review, correct and update the personally identifiable information you provide to ZOLL by emailing us at info@zoll.com.

ZOLL will use reasonable efforts to ensure that your information is removed from or corrected in ZOLL's records.

8.10 Does ZOLL Collect Personally identifiable information from Children?
This Site is not intended for persons under 18 years of age. ZOLL does not knowingly solicit or collect personally identifiable information from or about children under the age of 18 except as permitted under applicable law. If your child has submitted personally identifiable information and you would like to request that such information be deleted from ZOLL's records, you may do so by contacting us at info@zoll.com.au 

8.11 How Does ZOLL Store and Protect Your Personally identifiable information?
While it is in our possession, your personally identifiable information will generally be stored in ZOLL databases.  Most, if not all, of these databases will be stored on servers and storage devices located in the United States. United States data protection laws may not provide as much protection as the data protection laws in force in your country.  If you are located in a country outside the United States, by using this Site you consent to the transfer of your personally identifiable information to the United States.

ZOLL maintains reasonable physical, electronic, and administrative safeguards to protect the confidentiality, security and integrity of your personally identifiable information.  Although ZOLL uses reasonable security measures to help protect your personally identifiable information against unauthorized disclosure, misuse or alteration, as is the case with all computer networks linked to the Internet, ZOLL cannot guarantee the security of information provided over the Internet and will not be responsible for breaches of security beyond ZOLL's reasonable control.

8.12 Links to Third Party Internet Sites
This Site may contain links to other Web sites operated by ZOLL or one of its affiliates.  It may also contain links to third-party Web sites that neither ZOLL nor ZOLL's affiliates control.  This Privacy Policy applies only to personally identifiable information collected through this Site and does not apply to personally identifiable information collected on any other Web site operated by ZOLL, nor by ZOLL's affiliates, nor to personally identifiable information collected on third-party Web sites.  If you access other Web sites through a link on this Site, please take a few minutes to review the terms of use and privacy statement posted on each Web site you visit.

8.13 When Can This Privacy Policy Change?
ZOLL may revise or update the Privacy Policy in its sole discretion, provided such revisions are in accordance with applicable law.  Accordingly, ZOLL reserves the right to update or modify this Privacy Policy, at any time and without prior notice, by posting the revised Privacy Policy on this Site. The "last revised" date found below indicates the date the policy was last revised.

This Privacy Policy is effective as of:  July, 1 2006

8.13 International Users
All information provided to ZOLL or collected by ZOLL is delivered to or shared with ZOLL in the United States of America. When such transfer of personal information takes place we take appropriate measures to protect such personal information.

8.14 Who Can I Contact For Further Information?
If you have any questions about this Privacy Policy or ZOLL's use of your personally identifiable information, please email us at info@zoll.com or contact us at:

ZOLL Medical Australia Pty Ltd
10/39 Herbert St
St Leonards, NSW, 2065
Australia