Terms and Conditions

Terms and Conditions

PLEASE READ AND REVIEW THE FOLLOWING TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE OR THE STRYKERCARE PATIENT SUPPORT PROGRAM.

These terms of use describe the rules for users (“you” or “your”) of this web site and the StrykerCare Patient Support Program owned and operated by Stryker Australia Pty Ltd ("Stryker" or “us”).

By using this website, uploading materials to a Stryker web site or by participating in the StrykerCare Patient Support Program, you agree to the following terms and conditions (”Terms of Use”) and Stryker’s Privacy Statement (“Privacy Statement”). If you do not agree to abide by the Terms of Use and the Privacy Statement, do not use this Stryker web site or participate in the StrykerCare Patient Support Program in any manner including but not limited to uploading or downloading any information or material.

Although accessible by others, the information on this Stryker web site is intended for use by residents of Australia only unless otherwise indicated. Stryker’s web sites may link to other web sites produced by Stryker's various operating divisions and subsidiaries, some of which are outside Australia. Those Stryker web sites may have information that is appropriate only to the particular originating country or region where the web site is based. You should not construe anything on a linked web site as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located.

If you agree to these terms, and those found below please feel free to browse this website and use the Patient Support Program, which are provided without charge. Your access and use of the information contained on the website or by email is subject to the following terms and conditions and all applicable laws.

1. General Information

This site contains material about hip and knee replacements for patients subscribed to the StrykerCare Patient Support Program. The content of this site and the Patient Support Program is not intended to be a substitute for professional medical advice, diagnosis or treatment. You should always consult a medical professional, such as a general practitioner or surgeon, to determine what courses of treatment, if any, may be appropriate for you.  The information contained in this site does not constitute an offer of or solicitation for the purchase of products or services.

You must keep your username and password to access the StrykerCare Patient Support Program confidential and not share your username or password with anyone else. Only patients who have been provided with an access code from their healthcare professional are eligible to use the functionality of this website and access the StrykerCare Patient Support Program. If you have received this code in error, or from any other person, or in any other manner, you are not eligible to access the contents of this site or the Patient Support Program and must exit immediately.

2. StrykerCare Patient Support Program

The information presented through this website and the StrykerCare Patient Support resources is for educational purposes only. Stryker is not dispensing medical advice via this site or through any other StrykerCare Patient Support resources.  For advice on medical issues you should always consult your surgeon or healthcare professional. Any information made available on this website or through the StrykerCare Patient Support Program does not offer personalised medical diagnosis or patient-specific treatment advice and must not replace any program or advice given by your treating healthcare professional.

Please speak to your doctor to decide if joint replacement surgery is right for you. Only your doctor can make the medical judgment of which products and treatments are right for your own individual condition. As with any surgery, joint replacement carries certain risks. Your surgeon will explain all the possible complications of the surgery, as well as side effects.

The lifetime of a joint replacement is not infinite and varies with each individual. Each patient will experience a different post-operative activity level, depending on their own individual clinical factors. Your surgeon will help counsel you about how to best maintain your activities in order to potentially prolong the lifetime of the device. Such strategies include not engaging in high-impact activities, such as running, as well as maintaining a healthy weight.

3. Privacy

As part of the registration process Stryker collects personal information including your name and e-mail address, as well as optional information fields. If you choose to withhold any personal data requested by us, it may not be possible for you to gain access to or use certain parts of the site or StrykerCare Patient Support Program and for us to respond to you.

Stryker may use this information to do the following, including but not limited to:

  • respond to your requests
  • contact you, via e-mail, regular mail, telephone or otherwise
  • provide you with educational information through the Patient Support Program
  • develop records, including records of your personal information
  • develop and improve programs, products, services and content
  • enforce this Privacy Statement and our Terms of Use and other rules about your use of this site
  • to protect Stryker's rights or property
  • to protect someone's health, safety or welfare
  • to comply with a law or regulation, court order or other legal process.

By submitting personal information (such as your name, address, e-mail address), you agree that we may keep a record of it and may use it in accordance with the above. Except as otherwise written in this Privacy Statement, we will keep your personal information private and will not share it with others, unless the disclosure is necessary to:

  • comply with a law or regulation, court order, subpoena or other legal process
  • protect our rights or property
  • enforce our Terms of Use or this Privacy Statement
  • protect someone's health or safety.

Stryker may transfer your personal information to the subsidiaries, divisions or other entities under common ownership with Stryker and other third parties who may help us with these activities. These companies and/or individuals may not use or share your personal information with others without our permission and only for the purpose of assisting us with our business activities pursuant to our request. We recognize our responsibility to protect the information that you entrust to us. We use a variety of secure techniques to protect your information including secure servers, firewalls and encryption of data. Stryker will not sell, exchange or publish your personal information without your permission, except in conjunction with a corporate sale, merger, dissolution, acquisition, or other similar event.

You have the right to access, review and/or update your personal information held about you or opt out of the StrykerCare Patient Support Program by contacting strykercare@stryker.com

Stryker’s full Privacy statement can be found here.

4. Copyrights and Trademarks.

The contents of Stryker’s web sites and Patient Support Program are protected by worldwide copyright and trademark laws. Any rights not expressly granted herein are reserved. Reproduction, transfer, distribution or storage of part or all of the contents in any form without the prior written permission of Stryker is prohibited except in accordance with the following terms.

Stryker consents to you browsing Stryker’s web sites on your computer and printing or downloading content only for your personal use for non-commercial purposes provided that such uses are not competitive with or derogatory to Stryker; but no modification or further reproduction of the content is permitted. The content may otherwise not be copied or used in any way without the prior written consent from an authorized Stryker representative. Individual documents on a Stryker web site may be subject to additional terms indicated in those documents.

The trademarks, service marks, trade names, trade dress and products contained in Stryker’s web sites are protected in the United States, Australia and internationally. Stryker is a registered trademark of Stryker Corporation. Other product and company names mentioned in Stryker’s web sites may be trademarks or trade names of their respective owners. Your access to Stryker’s web sites should not be construed as granting, by implication, estoppel or otherwise, any license or right to use any marks appearing on Stryker’s web sites without the prior written consent of an authorized Stryker representative or the third-party owner thereof except to identify the products or services of the company.

If you believe that your intellectual property has been improperly used on a Stryker web site please contact Stryker’s Compliance Department at the address provided below.

5. Software.

Any software including any files, images generated by the software, code, source and destination, and data accompanying the software (collectively, "Software"), used to access, or used or accessible by means of, a Stryker web site may be used by you solely for accessing and using Stryker’s web site for purposes and according to the conditions expressly stated on the Stryker web site. Stryker retains full and complete title to all intellectual property rights in the Software. You agree to neither copy, distribute, sell, modify or create derivative works from any part of the Software nor to decompile, reverse engineer or disassemble the same, unless permitted by applicable law.

6. User Representations.

In using any Stryker web site, you agree:

a) not to disrupt or interfere with the security of, or otherwise abuse, the Stryker web site, or any services, system resources, accounts, servers or networks connected to or accessible through the Stryker web site or affiliated or linked web sites;

b) not to disrupt or interfere with any other user's enjoyment of the Stryker web site or affiliated or linked web sites;

c) not to upload, post, or otherwise transmit through or on any Stryker web site any viruses or other harmful, disruptive or destructive files;

d) not to use or attempt to use another's account, service or system without authorization from Stryker, or create or use a false identity on a Stryker web site;

e) not to transmit through or on a Stryker web site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings;

f) not to divulge your username and password to others either on or off the Stryker web site; (g) not to attempt to obtain unauthorized access to the Stryker web site or portions of the Stryker web site which are restricted from general access; and,

g) not use a Stryker web site to seek, provide or obtain specific medical advice, medical opinion or diagnosis as applied to a patient’s particular condition or situation.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted under your account, and that you will comply with all applicable local, state, national and international laws and regulations that relate to your use of or activities on a Stryker web site.

7. Web Site and StrykerCare Patient Support Program Updates.

All content available through the Stryker web site and Patient Support Program is believed to be accurate. However, you should independently evaluate the accuracy of the information and the usefulness for your particular needs of any content, product or service available through any Stryker web site.

Stryker may terminate, change, suspend or discontinue any aspect of a Stryker web site and the StrykerCare Patient Support Program, including the availability of any features, at any time. Stryker may remove, modify or otherwise change any content, including that of third-parties, on or from a Stryker web site. Stryker may impose limits on certain features and services or restrict your access to parts or all of a Stryker web site without notice or liability. Stryker may terminate the authorization and rights provided herein and your use of any Stryker web site at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from any Stryker web site.

8. Links to Other Web sites.

For your easy accessibility, Stryker may include links to web sites on the internet that are owned or operated by third-parties to which this Terms of Use does not apply. Stryker is not responsible for the content of such other web sites. You also agree that Stryker has no control over the content on third-party web sites and cannot assume any responsibility for material created or published by such third-party web sites. Therefore, when linking to such a third-party web site, you should review and agree to that web site's rules of use before using such web site.

A summary and/or link to a non-Stryker web site does not imply that Stryker endorses the web site or the products or services, or warrants the accuracy of any content referenced in such third-party web site. Stryker shall not be liable for any damages or injury arising from users' access to or inability to access such web sites.

9. Links to a Stryker Web Site.

You must not under any circumstances provide a link on another site to any part of the StrykerCare Patient Support Program or any content therein.

All other links to a Stryker web site must be approved in writing by Stryker, except that Stryker consents to links in which:

a) the link is a text-only link containing only the title of the home page of Stryker’s web site,

b) the link "points" only to the home page of Stryker’s web site and not to deeper pages,

c) the link, when activated by a user, displays this home page of Stryker’s web site in full-screen and not within a "frame" on the linked web site, and

d) the appearance, position, and other aspects of the link do not:

i. create the false appearance that an entity or its activities or products are associated with or sponsored by Stryker or its affiliates, or

ii. damage or dilute the goodwill associated with the name and trademarks of Stryker or its affiliates.

You agree that Stryker reserves the right to withdraw this consent to link without reason or notice and at any time and you further undertake to delete any link for which Stryker’s consent has been withdrawn.

10. Your Content and Ideas.

By submitting material to any of our servers, for example, by e-mail or via the internet, you agree that:

a) the material will not contain any item that is unlawful or otherwise unfit for publication;

b) you will use reasonable efforts to scan and remove any viruses or other contaminating or destructive features before submitting any material;

c) you own the material or have the unlimited right to provide it to us and Stryker may publish the material free of charge and/or incorporate it or any concepts described in it in our products without accountability or liability;

d) you agree not to take action against us in relation to material that you submit and you agree to indemnify us if any third-party takes action against us in relation to the material you submit;

e) does not violate the terms of this Agreement, Stryker’s Privacy Statement, or any other registered user agreement (if applicable); and

f) and that you shall be responsible for the content and information contained therein, including all required consents, its truthfulness and accuracy.

Stryker does not and cannot review the content posted by users on every Stryker web site and is not responsible for such content. Stryker may at any time at its discretion remove any content posted by users.

11. Warranty.

The use of any Stryker web site and the StrykerCare Patient Support Program and any content therein is permitted for private, non-commercial use. The content in every Stryker web site and the Patient Support Program is provided as a convenience to you. Stryker will use reasonable efforts to include up-to-date and accurate information but makes no representations, warranties or assurances as to the accuracy, currency or completeness of the information contained on any Stryker web site which are provided on "as is" and "as available" basis.

To the fullest extent permissible pursuant to applicable law, Stryker and its affiliates disclaim all warranties of any kind, whether express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. You expressly agree that any use of a Stryker web site and Patient Support Program, including all content, data or software distributed by, downloaded or accessed from or through a Stryker web site or Patient Support Program is at your sole risk. You understand and agree that you will be solely responsible for any damage to your business, your computer system or loss of data that results from the download of such content, data and/or software.

You acknowledge that Stryker does not control in any respect any information, products or services offered by third-parties through any web site including a Stryker web site. Except as otherwise agreed in writing, Stryker and its affiliates assume no responsibility for and make no warranty or representation as to the accuracy, currency, completeness, reliability or usefulness of any advice, opinion, summary, statement or other content or of any products or services distributed or made available by third-parties through any third-party or Stryker web sites.

Stryker does not make any warranty that its web sites or its content will meet your requirements, or that a Stryker web site or its content will be uninterrupted, timely, secure, or error free or that defects, if any, will be corrected. Nor does Stryker make any warranty as to the results that may be obtained from use of a Stryker web site or its content or as to the accuracy, completeness or reliability of any information obtained through use of any Stryker web site.

Stryker assumes no responsibility for any damages suffered by a user, including, but not limited to, loss of data from delays, non-deliveries of content or email, errors, system down time, misdelivery of content or email, network or system outages, file corruption, or service interruptions caused by the negligence of Stryker, its affiliates, its licensors, or a user's own errors and/or omissions.

Except as otherwise provided under applicable laws and regulations regarding the security of personal data, Stryker disclaims any warranty or representation that confidentiality of information transmitted through a Stryker web site will be maintained.

No advice or information, whether oral or written, obtained by you from Stryker or third-parties through any Stryker web site or Patient Support Program shall create any warranty.

12. Limitation of Liability and Indemnity.

Your use of the Stryker websites and StrykerCare Patient Support Program is at your own risk. To the extent permitted by law, neither Stryker nor its parents, subsidiaries, affiliates, officers, directors, employees, agents or suppliers will be liable for any direct, indirect, incidental, special or consequential damages arising from or in connection with the use of or the inability to use a Stryker web site and the StrykerCare Patient Support Program.

You agree to indemnify and hold harmless Stryker, its officers, directors, employees, agents, suppliers and third party partners from and against all losses, expenses, costs and damages including reasonable legal costs, resulting from any violation by you of these Terms of Use, or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Stryker sites using your account.

13. Applicable Law.

These Terms of Use shall be governed by the laws of the State of New South Wales, Australia. Should any provision in these Terms of Use be found invalid or unenforceable for any reason, then that provision shall be deemed severable from, and shall not affect the validity or enforceability of, the remaining provisions.

14. Contact Stryker.

If you have any questions about these Terms of Use, please write to:

Stryker Australia Pty Ltd
c/o: Compliance Officer
PO Box 970
Artarmon, NSW 1570
Australia.

If the Terms of Use change, the revised Terms of Use will be posted on all Stryker web sites and communicated to users of the StrykerCare Patient Support Program. Please check back periodically, and especially before you provide any personally identifiable information. This Terms of Use was last updated in June, 2013.

For a full version of Stryker’s privacy statement and terms of use please click here.

For hip replacement risk information, please click here.

For knee replacement risk information, please click here.

PLEASE CONSULT WITH YOUR DOCTOR OR OTHER QUALIFIED HEALTHCARE PROFESSIONAL BEFORE USING ANY PRODUCT OR INFORMATION DISCUSSED WITHIN THIS WEBSITE OR ANY COMMUNICATIONS MADE WITH STRYKER OR A REGISTERED NURSE BY ANY METHOD AS PART OF THE PATIENT SUPPORT PROGRAM.