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Terms and Conditions

Last updated 1st November 2020

Open Care Pty Ltd and its Related Bodies Corporate (as defined by the provisions of the Corporations Act 2001 (Cth) (Open Care) welcome you to this website.

Open Care provides this website on its domain http://open.care and all sub-domains (Website) and the other information and services available on the Website as part of its overall service to you. By accessing or using any of the content, information, data, text, graphics, photographs and other materials (Material) on this Website you confirm that you have read and agree to the terms of use of this Website set out below (Terms of Use). If you do not agree to these Terms of Use, you should not use this Website.

In addition to these Terms of Use, your use of certain services or parts of this Website may be subject to specific and additional terms which are indicated on certain pages of this website (Specific Terms). The SpecificTerms take priority over these Terms of Use to the extent of any inconsistency.

These are the current Terms of Use and they replace any other terms of use for this Website previously published on this Website. Open Care may at any time amend the Terms of Use by publishing the amended Terms of Use on this Website. You accept that by doing this, Open Care has provided you with sufficient notice of the amendment. By continuing to access or use any material or services on this Website after any amendment, you agree to be bound by the most current version of these Terms of Use, as amended.

1. Information and services on this Website

The information contained on this Website is liable to change and although Open Care makes every effort to keep material on this Website up to date, there may be delays, errors or omissions. Open Care does not represent or warrant the suitability, completeness, accuracy or currency of any information contained on this Website nor that any services will be uninterrupted, timely, secure or error-free. Open Care is not responsible for any error or omission on this Website and reserves the right to make changes without notice.

All information, graphics, data, prices, charts, video, audio and any other content displayed on or available on the Website, and all the underlying source code and software, is owned or used under license by Open Care, except where expressly stated in these Terms of Use or elsewhere on theWebsite.

2. Your use of the Website

You agree to use the Website only in a manner permitted by theseTerms, and applicable law or regulation. In using this Website, you must not:

  • Reverse engineer, disassemble or otherwise attempt to construct, copy or replicate the Website’s source code, formulas or processes;
  • Interfere with the security or safe use of the Website by others, including by way of distributing viruses, corrupted files or other similar software or programs that may damage the operation of any computer hardware or software or which are otherwise directed at the Website or its users; or
  • Do anything else which may interfere with or negatively affect the operation of the Website.

This Website may contain links to other websites or apps operated by third parties (Third-Party Websites). Open Care does not endorse, sponsor, approve or accept any responsibility or liability for any such third party content or any content available on any linked Website. In particular, and to the maximum extent permitted by law, Open Care makes no warranties or representations:

  • Regarding the quality, accuracy, merchantability or fitness for purpose of any material on or linked to from, or products or services available through, Third Party Websites; or
  • That any material on or linked to from Third-Party Websites does not infringe the intellectual property rights of any corporation, organisation or person. Open Care is not authorising the reproduction of any material on or linked to from Third Party Websites by linking material on thisWebsite to Third Party Material.

By agreeing to these Terms of Use, you acknowledge and agree that:

  • The transmission of information over the internet may not be secure or free of errors;
  • Emails to and from us may undergo email filtering and virus scanning, including by third party contractors which may not be effective in removing viruses or other potentially harmful code;
  • Your use of this Website (and obtaining and transmitting data to it) is at your own risk, that it is provided on an ‘as is’ basis and that Open Care does not make any representations or warranties as to the security, availability of the Website or that your access or use will be uninterrupted, timely or secure; and
  • You are accountable for maintaining and preserving the confidentiality of your account information, the personal information you provide to Open Care, the strength level of your password and any other activities you undertake when using our services.

Open Care does not guarantee that this website or Third Party Websites will be free from viruses, or that access to this website or Third Party Websites will be uninterrupted.

3. Website Content

The information, materials and services in this website is provided as general information purposes only. It is current at the time of first publication. It is not legal or other professional advice or intended to be comprehensive. You are responsible for determining the validity, quality and relevance of any information, material or service assessed and to take appropriate independent advice before acting or relying on any of it to ensure that it meets your particular requirements.

You release Open Care to the fullest extent permitted by law from any and all claims arising out of or related to the use of material or information made available through this website. You should independently satisfy yourself as to the accuracy of all information provided through the Website.

Neither Open Care nor any third party will be liable for any errors in content, or for any actions you take in reliance on them.

4. Liability and complying with laws

You must comply with all laws in relation to your access or use of material on this Website, including laws of the country in which you reside or from which you access this Website.

To the maximum extent permitted by law:

  • Open Care excludes all liability of any kind, including in respect of any loss of data, interruption of business or any indirect or consequential loss, loss of profits, loss of opportunity or incidental damages, which may arise out of or in connection with your use of the Website;
  • Open Care excludes all warranties and representations (express and implied) which may arise out of or in connection with your use of theWebsite or the use of or reliance on information relating to the Website; and
  • Open Care will not be liable not liable for any virus, malware, trojan or similar malicious software program or code infecting your software or hardware as a result of your use of the Website or your interactions with third parties on the Website.

Without limitation to your rights under the Australian ConsumerLaw, you acknowledge that:

  • Open Care has not made any representations or warranties in relation to its products or their capabilities; and
  • It is your responsibility to satisfy yourself in relation to the suitability of the products sold on the Website for your use.

To the extent any legislation prohibits the exclusion of any implied warranties, you agree that Open Care’s liability in respect of any claim is limited (at Open Care’s option) to:

  • In the case of the services:
  1. The supply of the services again; or
  2. The payment of the costs of having the services supplied again; or
  • In the case of any goods (including any downloadable apps):
  1. The resupply of the goods; or
  2. The payment of the costs of having the goods resupplied.

5. Intellectual Property Rights

You acknowledge that:

  • We, or our related bodies corporate (as defined in the Corporations Act 2001 (Cth), own or are licensed to use all IntellectualProperty Rights in the Website (including, but not limited to, any images, photographs or text which appear on the Website). You agree that you will not make any representations to the contrary, and that you will not use or copy theWebsite in any manner that is inconsistent with the rights of the owner or licensee of such Intellectual Property Rights. For the purposes of these Terms of Use, Intellectual Property Rights shall mean all current and future registered and unregistered rights in respect of copyright, circuit layouts, designs, trade marks, know-how, confidential information, patents, inventions and discoveries and all other intellectual property as defined in article 2 of the convention establishing the World Intellectual Property Organisation 1967; and
  • Any trade marks or logos which appear on the Website are owned by or licensed to Open Care or its related bodies corporate, and you must not do anything to prejudice the rights of the trade mark owner or licensee to such trade marks or logos.

6. Indemnity

You agree to indemnify Open Care, its officers and employees or agents from and against any loss, claim, liability, cost or expense incurred by Open Care in respect of a third party claim arising from or in any way related to your breach of these Terms of Use, any applicable laws or any other terms and conditions which govern your use of the Website

7. General

The agreement set out in these Terms of Use and your access to this Website may be cancelled at any time by Open Care without notice. All restrictions, licences granted by you and all disclaimers and limitations of liability by Open Care will continue after cancellation.

If a provision of these Terms of Use is illegal, invalid, unenforceable or void in a jurisdiction it is severed for that jurisdiction and the remainder of these Terms have full force and effect and the validity or enforceability of that provision in any other jurisdiction is not affected.

A right of Open Care under these Terms of Use may only be waived in writing signed by Open Care.

You represent and warrant to Open Care that you are at least 18 years of age and otherwise have the power, authority and capacity to agree to these Terms of Use with Open Care.

These Terms of Use are governed by and construed in accordance with the laws of the State of Western Australia and the Commonwealth of Australia, and each party irrevocably submits to the non-exclusive jurisdiction of the courts of Western Australia and the Commonwealth of Australia.

8. Disclaimer and Forward Looking Statements

Forward-looking statements are included on our site and press releases and may include, but may not be limited to, statements concerning: Open Care’s efforts to combat COVID-19; the collaboration to develop nanoparticle technology to fight COVID-19; Open Care´s expectations regarding the potential characteristics of ImmubioCV; the expected timepoint for additional readouts on efficacy data of ImmubioCV; the nature of any current or future clinical data, which will be subject to ongoing peer review, regulatory review and market interpretation; the timing for submission of data for, or receipt of, any marketing approval or emergency use authorization; the timing for submission of manufacturing data to regulatory agencies; Open Care´s envisioned storage and distribution plan, including estimated immunisation shelf life at different temperatures; and the ability of Open Care to supply the quantities of ImmubioCV to support clinical development and, if approved, market demand.

Any forward-looking statements on this site are based on Open Care’s current expectations and beliefs of future events and are subject to a number of risks and uncertainties that could cause actual results to differ materially and adversely from those set forth in or implied by such forward-looking statements.

Risks and uncertainties include, among other things, the uncertainties inherent in the biotech fields of research and development, including the ability to meet anticipated clinical endpoints, commencement and/or completion dates for clinical trials, regulatory submission dates, regulatory approval dates and/or launch dates, as well as risks associated with clinical data, including the possibility of unfavourable new preclinical or clinical trial data and further analysis of existing preclinical or clinical trial data; the ability to produce comparable clinical or other results; risks related to the availability of raw materials to manufacture ImmubioCV; the risk that we may not be able to create or scale up manufacturing capacity on a timely basis or have access to logistics or supply channels commensurate with global demand for any potential approved technology; uncertainties regarding the ability to obtain recommendations from technical committees and other public health authorities and uncertainties regarding the commercial impact of any such recommendations; and failure to protect and enforce our data, intellectual property and other proprietary rights and the risks and uncertainties relating to intellectual property claims and challenges.

Open Care assumes no obligation to update forward-looking statements contained in any releases as the result of new information or future events or developments. Open Care undertakes no duty to update this information unless required by law.