Terms & Conditions
Application to Australia only
In these terms and conditions of use, Nutricia Pty Ltd is referred to as "we", "us", "our" or "Nutricia" and anybody accessing our website ("Site") is referred to as "you" or "your".
Nutricia provides and maintains this Site as a source of information, education and communication for you. The Site is intended for the use of Australian residents only and is governed by and complies with the laws and regulations of New South Wales, Australia. You agree to submit to the exclusive jurisdiction of the Courts of New South Wales in relation to any dispute about or arising under these Terms and Conditions.
Nutricia appreciates that this Site may be accessed from outside Australia. However we make no representations as to the compliance of our Site with the laws of other jurisdictions. If you choose to access this Site from locations outside of Australia you do so at your own risk and you are responsible for compliance with your local laws and regulations. Product names, descriptions and labels on this website are of Australian application. You should be aware that some products and brands described on our Site may not be available outside Australia or may be available under different names and in different strengths outside Australia. You should seek further information before purchasing any products described on this site outside Australia.
Website Terms & Conditions
- This Site is produced by Nutricia for your information, education and communication. Please feel free to browse this Site.
- The Site and its contents are designed to comply with Australia laws and regulations and are intended for use by Australian residents only. Nutricia makes no representation that any information contained in this Site is relevant or appropriate to other locations.
- This Site offers you the option of viewing information about Nutricia’s range of products. If you choose to view this information, you are accepting that Nutricia is supplying this information at your individual request for information and education purposes.
- Use of this Site is at your own risk. Neither Aptaclub nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. This includes damages to, or viruses that may infect your computer equipment. Without limiting the foregoing, everything on the Site is provided to you 'as is' without any warranties or merchantability, fitness for a particular purpose, or non-infringement. Please note that some jurisdictions may not allow the exclusion of implied warranties, so check your local laws.
- The copyright to the contents of this Site belongs to Nutricia. Users may download materials for their own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact. The copying, redistribution, re-posting, publication, adaptation or alteration of any part of this Site for any public or commercial purposes is prohibited without written prior permission from Nutricia. When you transmit or post any material to or on this Site, you grant to us non-exclusive, world wide, perpetual, fully sub-licensable royalty free licence under your copyright and other intellectual property rights to use, reproduce, modify, adapt, publish, translate, create derivative works from or display or distribute that material worldwide via the Site, or in any way without any duty at all to account to you.
- The trademarks, logos, characters and service marks (collectively the 'Trademarks') displayed on the Site are registered or unregistered trademarks of Nutricia. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks without the express written permission of Nutricia. Your use of the Trademarks and contents of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that Nutricia will aggressively enforce their intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.
- A variety of information, advice, recommendations, letters, messages, text, graphics, photographs, videos, data and other materials (“Content”) – is available on the Site. The Content is provided by Nutricia and it’s agencies/business partners. Nutricia strive to keep the Content that we post on the Site accurate, complete, and up-to-date, but we cannot guarantee, and are not responsible for, the accuracy, integrity, quality, completeness, timeliness or that it will not be objectionable to you.
- Images of people or places displayed on the Site are either the property of, or used with permission by Nutricia. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission elsewhere on the Site. Unauthorised use of images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.
- The Content presented in this Site is provided with the understanding that neither Nutricia nor its Users are engaged in rendering medical, counselling, legal or other professional services or advice. The Content is available for information and as an educational tool, it is not intended as medical or healthcare advice and is not intended as a substitute for professional advice relative to a specific condition or questions you may have regarding a medical condition or legal problem. Always seek the advice of your general practitioner or other qualified healthcare professional regarding any medical condition before starting any new treatment.
- If you wish to bring to our attention any unlawful activity associated with any Content available on this Site and you would like to file a complaint with us, please use the ‘Corporate Enquiries’ link found on the footer of any page.
- Personal information voluntarily submitted to Aptaclub via the Site, may be used by Aptaclub. Aptaclub may also sell this data or make it available to third parties who may contact you to offer you selected products or services, unless you indicate otherwise by not opting in on the Email Us page. It may also be used by Nutricia internally to assess the functionality of our Site and the needs of our customers. By providing such information, you expressly consent to Nutricia using personal information in this way. If you wish to opt out, or change your personal information held by Aptaclub you can call free on 1800 438 500.
- This Site may contain links to other Sites. Nutricia is not responsible for the content of any other Site or for on-going review of other Sites. The inclusion of any link to such Sites does not imply endorsement by Nutricia Australia. Your linking to any other Sites is at your own risk. Hyper-linking to this Site, in any manner, is not permitted without Nutricia's written permission.
- Aptaclub does not represent or warrant that this, or any Site to which ours is linked, will be accessible or available on a timely basis, or that access to the same will be uninterrupted or error free.
- Nutricia reserves the right to alter or delete material from the Site at any time.
- Nutricia may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current Terms and Conditions.
- At the time of your 'chat' you may request a transcript of the conversation by pressing the printer or envelope icon at the top of the chat window.
- Neither Nutricia nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of advice given during a LiveChat conversation. For all specific medical advice, please consult your own health care professional.
- Aptaclub will keep a transcript of every 'chat' had through LiveChat. This transcript will be kept for 24 months at Aptaclub and will be used for training and quality evaluation, and in the event of a consumer complaint in relation to the LiveChat service.
- All LiveChat conversations are completed over a secure transmission and are confidential between the "caller" and Aptaclub, unless express permission is given by the "caller".
- Furthermore, when you are using LiveChat, please do not transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law.
- While Nutricia endeavours to ensure that the information on this Site is accurate and current, we make no representation or warranty nor do we assume any liability or responsibility, for the accuracy currency, completeness or usefulness of the information contained herein, or for any errors or omissions contained herein.
- To the fullest extent permitted by law:
i. All express warranties, representations and conditions of any kind and all warranties and other terms implied by statute or common law with respect to this Site or the information, content or materials included on this Site, including but not limited to any such warranty or representation as to the accuracy or completeness of the information contained on this Site or in respect to any products referred to on this Site are hereby expressly excluded.
ii. Your use of this website is at your own risk. Nutricia shall not be liable in any circumstances for any direct or indirect, special or consequential loss or damage (whether for loss of profit or otherwise), costs, claims, expenses or other claims for compensation whatsoever, whether caused by the acts, omissions or the negligence of Nutricia, its employees or agents, which arise out of or in connection with your access to or use of this Site or the information, content, materials or products included on this Site, whether based on warranty, contract, tort, negligence, statute, in equity or on any other basis, except in respect of death or personal injury caused by the proven negligence of Nutricia (Aus), its employees or its agents.
iii. From time to time, Nutricia may provide links to third party websites. However, these are provided for convenience only and Nutricia does not accept any responsibility or liability for access to or material on, any web site which is linked from or to this Site or for any material on this Site in which the copyright is owned by a third party. You agree that you shall have no claim against Nutricia in the respect of the content of any such material. Links to those linked websites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or for any information, products or services referred to on those linked sites. You should verify such information directly with those third parties.
iv. Nutricia’s liability for breach of any implied warranty or condition which cannot be excluded at law is limited at Nutricia’s option to the following: in the case of goods:
(A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired;
and in the case of services:
(A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
v. Further, we are not liable to you or anyone else for any direct, indirect, incidental, special or consequential loss or damage if your access to or use of this Site or a linked site causes damage or interference to your computer Your use of our Site and any linked site is at your own risk from damage or loss caused by viruses or anything else (such as trojan horses) that may infect your computer equipment.
- Any content or information provided on or via this Site or our advisory services is intended, and should be used, for general information purposes only and must not be used as a substitute for specific advice from a professional healthcare provider. You should not use the information contained in this Site to diagnose a health or medical condition or problem and you should consult a professional healthcare provider for specific advice. Nutricia does not accept any liability arising from any information provided in this context.
The intellectual property including copyright in all information and materials displayed or available on this Site belongs to Nutricia or its licensors unless otherwise stated.
You may browse, download and copy the material provided on this Site only for the purposes of personal and non-commercial use. You may not, however, adapt, reproduce, distribute, link, store, transmit, print or publish or use any of the material on this Site for public or commercial purposes, without first obtaining the express written permission of Nutricia. All copyright, trade mark and other proprietary notices contained in materials downloaded by you (and printed copies of such materials) must be retained.
All intellectual property rights and other rights to this Site and its contents (including rights in text, graphics, selection, arrangement and overall Site design) are reserved and no ownership, right of use or other right or licence is granted or implied under any copyright, patent, trade mark, design or other intellectual property right of Nutricia or any other party. You are advised that Nutricia will vigorously enforce its intellectual property rights in this Site and its contents.
All trade marks, logos and images of people or places appearing on this Site are either the property of, or used with permission by, Nutricia. The use of any images appearing on this Site by you or anyone else authorised by you, is prohibited unless specifically permitted by these terms and conditions or specific permission is provided elsewhere on this Site. Unauthorised use of the images may violate copyright, trade mark, trade practices, privacy and/or advertising laws.
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