Terms & Conditions
TERMS OF USE
PLEASE READ THESE TERMS OF USE CAREFULLY
These Terms of Use describe the terms and conditions applicable to your use of the Pulmonx Australia Pty Ltd (“Pulmonx”) Website (“Website”). If you agree to be bound by these Terms of Use, you may access this Website. If you do not agree to be bound by the terms and conditions of these Terms of Use, you may not access this Website.
Pulmonx may at any time revise or modify these Terms of Use or impose new conditions for use of this Website. Such changes, revisions or modifications shall be effective immediately upon notice to you, which may be given by any means including, without limitation, posting on the Website or by e-mail. Any use of the Website by you after such notice shall be deemed to constitute acceptance of such changes, revisions or modifications. Pulmonx may modify its services at any time.
Information About Us
Pulmonx operates the Website. Pulmonx Australia Pty Ltd is a company registered in Australia under Australian Business Number 91 160 455 925 with registered office at Suite 5, Level 6, 65 York Street, NSW, 2000, Australia.
THIS WEBSITE DOES NOT PROVIDE MEDICAL OR PROFESSIONAL SERVICES ADVICE.
The content on this Website is intended to be a general information resource in regard to the subject matter covered and is provided solely on an “AS IS” and “AS AVAILABLE” basis. You are encouraged to confirm the information contained herein with other sources and to review the information carefully with your professional healthcare provider. Pulmonx 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 physician. If you desire or need such services or advice, you should consult a professional healthcare provider. You should not construe Pulmonx’s publication of this content as an endorsement by Pulmonx of the views expressed herein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medical device or preparation made by the author of the content.
Scope of Use
Pulmonx invites you to view, use and download a single copy of this Website for your informational, non-commercial use. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and must not use illustrations, photographs, video or audio sequences or any other graphics separately from any accompanying text. Pulmonx’s status (and that of any identified contributors) as the authors of content on the Website must always be acknowledged. Except as otherwise provided on this page, no part of any content or software on this Website may be copied, downloaded or stored in a retrieval system for any other purpose, nor may it be redistributed for any purpose, without the express written permission of Pulmonx. You understand that Pulmonx may discontinue, change, or restrict your use of this Website for any reason without notice and Pulmonx may require, at our option, return or destruction of any copies you have made.
You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and all applicable terms and conditions, and they comply with them.
The Website is directed to people residing in Australia. Pulmonx does not represent that content available on or through the Website is appropriate or available in other locations. If you choose to access the Website from outside Australia, you do so at your own risk.
No Warranties
ALL CONTENT ON THIS WEBSITE IS PROVIDED TO YOU ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. PULMONX MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF ANY CONTENT AVAILABLE THROUGH THIS WEBSITE. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE WEBSITE AND THE CONTENT AVAILABLE ON THE WEBSITE IS AT YOUR SOLE RISK. PULMONX MAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY CONTENT YOU OBTAIN FROM THE WEBSITE IS FREE OF VIRUSES.
The above exclusions may not apply in jurisdictions that do not allow the exclusion of certain implied warranties.
Limitation of Liabilities
YOUR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE IS AT YOUR OWN RISK. PULMONX SPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE, EVEN IF PULMONX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING BUT NOT LIMITED TO RELIANCE BY ANY PARTY ON ANY CONTENT OBTAINED THROUGH THE USE OF THE WEBSITE, OR THAT ARISES IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, WAR, TERRORISM, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO THE WEBSITE, OR RELATED INFORMATION OR PROGRAMS.
Indemnification
If you violate any of these Terms of Use or if you misuse this Website, you agree to defend, indemnify and hold harmless Pulmonx, its officers, directors, employees, agents and licensees from any and all liability including costs, expenses and solicitor fees that arise out of or are related to your violation or misuse.
Under Submissions
Certain areas of this website enable you to submit e-mails or otherwise provide feedback or information to Pulmonx.
You agree that by submitting content:
- That, if you are a healthcare professional, you will not submit any information that would directly identify a patient or any information for which you do not have all necessary consents or authorisations to disclose;
- You will only submit content that complies with applicable law, and will not submit content that is abusive, defamatory, obscene, infringing, threatening, repetitive, or otherwise inappropriate, or that contains any viruses or other software that may adversely affect the operation of another’s computer;
- Pulmonx is not responsible for any content posted or uploaded, including its accuracy, by you or any other user of the Website;
- You understand and agree that such content that is submitted to a feedback page, will be deemed non-confidential;
- Pulmonx has the right to disclose your identity to any third party who is claiming that content posted or uploaded by you to the Website constitutes a violation of their intellectual property rights or their right to privacy; and
- You grant to Pulmonx the irrevocable right to use, copy, modify, publish, perform, transmit and display such content via any media in accordance with these Terms of Use, and waive any moral rights you may have in such content. Subject to all applicable laws, Pulmonx shall be free to use such content, including any ideas, concepts, know-how, or techniques contained in such content, for any reason whatsoever.
Intellectual Property
Pulmonx is the owner or licensee of all intellectual property rights in the Website and in the material published on it. All such rights are reserved.
Trademarks
All Pulmonx trademarks are the exclusive property of Pulmonx or companies within the Pulmonx group. Unauthorised use of any Pulmonx trademark, service mark or logo may be a violation of trademark laws.
Copyright
This Website is protected by applicable copyright laws. Except for your informational, personal, non-commercial use as authorised above, you may not modify, reproduce or distribute the design or layout of the Website or individual sections of the design or layout of the Website or Pulmonx logos without Pulmonx written permission.
Information, News and Press Release
The Website contains information, news and/or press releases about Pulmonx and our products. While this information was believed to be accurate as of the date it was prepared, Pulmonx disclaims any duty or obligation to update this information, news or any press releases. Information about companies other than Pulmonx contained in the news, press releases or otherwise, should not be relied upon as being provided or endorsed by Pulmonx.
Links
This Website may contain links to websites operated by other parties. The linked sites are not under the control of Pulmonx, and Pulmonx is not responsible for the content available on any other Internet sites linked to this Website. Such links do not imply Pulmonx endorsement of the material on any other site and Pulmonx disclaims all liability about your access to such linked websites. Pulmonx provides links to other Internet sites as a convenience to users, and access to any other Internet sites linked to this Website is at your own risk.
Linking to the Website
Unless otherwise set forth in a written agreement between you and Pulmonx, you must adhere to Pulmonx linking policy as follows: (I) any link to the Website must be a text-only link clearly marked “Pulmonx WEBSITE,” (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Pulmonx names and trademarks, (iii) the appearance, position and other attributes of the link may not create the false appearance that your organisation or entity is sponsored by, affiliated with, or associated with Pulmonx, (iv) when selected by a user, the link must display the Website on full-screen and not within a “frame” on the linking Website, and (v) Pulmonx reserves the right to revoke its consent to the link at any time and in its sole discretion.
Security
This Website may require you to register or obtain a password prior to permitting access to the Website or certain services available on this Website. You are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your password, whether or not authorised by you.
Pulmonx has the right to disable any registration information or password at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of these Terms of Use.
Location, Governing Law and Arbitration
This Website is operated by Pulmonx from its offices in Australia, the laws of the state of New South Wales and Australia shall govern these terms and conditions, without reference to its choice of law rules. Pulmonx makes no representation that the information in the Website is appropriate or available for use in other locations, and access to this Website from territories where the content of this Website may be illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with applicable local laws.
Any controversy or claim arising under or related to these Terms of Use shall be submitted to courts of competent jurisdiction in New South Wales and courts entitled to hear appeals therefrom.
Violations and Additional Policies
Pulmonx reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from an Internet address to the Website.
Use of Information
Pulmonx reserves the right, and you authorise Pulmonx, to the use and assignment of all information regarding your use of this Website and all information provided in a manner consistent with these Terms of Use and applicable law. All personal information will be collected, used and disclosed by Pulmonx in accordance with the privacy collection statement appearing on this Website.
Securities Laws
This Website may include statements concerning Pulmonx operations, prospects, strategies, financial condition, future economic performance and demand for Pulmonx products or services, as well as its intentions, plans and objectives that are forward-looking statements. These statements are based upon a number of assumptions and estimates, which are subject to significant uncertainties, many of which are beyond our control. When used on the Website, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbours for forward-looking statements. The Website and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of the Pulmonx group’s securities-related filings or documents.