Welcome to the Nutricia Advanced Medical Nutrition website (“Site”) or mobile application (“App”). The Site and App, including (without limit) the Content and all products and services provided via the Site and App, (collectively, the “Online Services”) are owned, operated and provided by Nutricia Australia Pty Limited [or its related bodies corporate].
- ACCURACY AND RELIABILITY OF CONTENT
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, LiveChat, User Content and other materials is available on and through the Online Services (“Content“). All Content is intended, and should be used, for general information purposes only and must not be used as a substitute for specific and personalised advice from a qualified professional. The Content is not intended to replace the care of your own physician, dietician or other qualified professional and may not be suitable for you and/or your circumstances. You acknowledge that the Content should not be relied on to diagnose a health or medical condition or problem or to alter, commence, or delay any course of medical treatment.
- RIGHT TO USE ONLINE SERVICES AND CONTENT
You may browse, print and copy Content only for the purposes of personal and non-commercial use. You may not, however, use, copy, adapt, reproduce, distribute, link, store, transmit, print or publish or use any of the Content for public, commercial or other purposes, without first obtaining our express written permission.
You may not use the Online Services or any feature of the Online Services:
- for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy or otherwise objectionable;
- in a manner that infringes any person’s rights, including any intellectual property rights;
- in a manner which would harm, cause damage to, disrupt access to, or otherwise interfere with any of the Online Services, or others enjoyment of them, including taking any action that may result in the introduction of any viruses, trojan-horse type programs, malware or any other material which is malicious or technologically harmful;
- to copy or monitor Content by using any robot, “bot”, spider, crawler or other similar data gathering and extraction tool or by any manual process; or
- to engage in any commercial activity in any form.
- ACCESS TO APP
To access the App you must:
- have a compatible mobile device (as described in the iTunes Store for Apple mobile devices or the Google Play Store for Android mobile devices); and
- download the App from the iTunes Store (for Apple mobile devices) or the Google Play Store (for Android mobile devices).
- [GPS LOCATION DATA]
- APPLICATION TO AUSTRALIA ONLY
The Online Services are intended for the use of Australia residents only. All Content is provided on this basis.
We make no representations as to the compliance of our Online Services or the products and services provided through the Online Services with the laws of other jurisdictions. You should be aware that some products and brands described on the Online Services may not be available outside Australia or may be available under different names and in different strengths outside Australia. You should seek further local information in your relevant jurisdiction before purchasing any products described on the Online Services from outside Australia.
- INTELLECTUAL PROPERTY
The intellectual property rights, including (without limit) copyright and trade marks, in all Content, Online Services and the products and services provided through the Online Services belong to us or our licensors unless otherwise stated.
- USER CONTENT
We may provide users with the ability to submit user generated content, including (without limit) comments, links, photographs or videos (“User Content”). User Content is published on the Online Services as uploaded by our users; we do not edit or moderate the User Content before it is posted. We do not endorse or adopt, and we are not responsible or liable for, any User Content that is available on the Online Services. In contributing any User Content, you will not in any way imply that such User Content is in any way endorsed or sponsored by us.
We reserve the right (without limiting our right to seek other remedies) to remove any User Content placed on the Online Services that we consider to constitute a misuse of the Online Services or which is otherwise harmful to other users of the Online Services.
By submitting your User Content, you:
- agree that you are solely responsible for your User Content;
- warrant that any User Content you input, transmit or post to the Online Services: (i) does not infringe the intellectual property rights of any third party; (ii) is not intended for advertising or other commercial purposes; and (iii) is not unlawful, defamatory, abusive, disruptive, offensive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable in any manner, and does not constitute or encourage conduct which is a criminal offence or which gives rise to civil liability. We will fully co-operate with law enforcement authorities in any jurisdiction in relation to any such User Content, including by disclosing the identity of, and other information relating to, any user posting that User Content as required by law.
You should never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address, or any other details that would allow you to be personally identified) as part of your User Content. We cannot be responsible for any subsequent actions or events resulting from such personal information being voluntarily revealed by you through the Online Services.
- THIRD PARTY WEBSITES, MOBILE APPS or RESOURCES
We invite you to share hyperlinks to the Site amongst your friends and contacts for non-commercial purposes (including via social media and personal blogs). Hyperlinking to the Site is not otherwise permitted without our prior written permission. If we request you to do so, you will remove any hyperlinks you have created to the Site.
From time to time, we may provide links to third party websites, mobile applications or resources. However, these are provided for convenience only and we do not accept any responsibility or liability for access to or material on, any website, mobile application or resource which is linked from or to the Online Services, or for any material on the Online Services in which the copyright is owned by a third party. You agree that you shall have no claim against us in respect of the content of any such material. Links to those linked websites, mobile applications or resources should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the sites, mobile applications or resources, or for any information, products or services referred to on those linked sites, mobile applications or resources. You should verify such information directly with those third parties.
- LIABILITY & DISCLAIMER
We will provide the Online Services to you with reasonable care and skill, however we do not represent or warrant that the Online Services or any part of them will:
- operate on a continuous or fault-free basis or at any particular time or location;
- be secure or private;
- be free of viruses or other harmful features (including any files displayed or obtained from or through the Online Services or any website, mobile application or resource linked to them).
While we attempt to ensure that that the Content is accurate and current, we make no representation or warranty as to, nor do we assume any liability or responsibility for, the accuracy, currency, completeness, security or usefulness of the Content, or in respect of non-infringement or for any errors or omissions contained therein.
Use of the Online Services and any Content is at your own risk. Neither Nutricia nor any other party involved in creating, producing or delivering the Online Services is liable for any direct or indirect, special or consequential loss or damage (whether for loss of profit or otherwise however caused), costs, claims, expenses or other claims for compensation whatsoever, whether caused by the acts, omissions or the negligence of us, our employees or agents, which arise out of or in connection with your access to or use of the Online Services and any Content. Without limiting the foregoing, to the extent permitted by law everything on the Online Services is provided to you ‘as is’ without any warranties or merchantability, fitness for a particular purpose, or non-infringement.
To the extent permitted by law, all express warranties, representations and conditions of any kind and all warranties and other terms implied by statute or common law with respect to the Online Services or the Content, including but not limited to any such warranty or representation as to the accuracy or completeness of the information contained on the Online Services or in respect to any products referred to on the Online Services are hereby expressly excluded.
If liability under the ACL or any other applicable legislation and cannot be excluded (a “Non-Excludable Provision”), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited for a breach of that condition or warranty to one or more of the following at our option:
(a) in the case of goods/products: the replacement of the goods/products or the supply of equivalent goods/products; the repair of such goods; the payment of the cost of replacing the goods/products or acquiring equivalent goods; or the payment of the cost of having the goods/products repaired; and
(b) in the case of services: the supply of the services again; or the payment of the cost of having services supplied again,
and if item (a) or item (b) is not permitted under applicable legislation, to the maximum extent permitted by applicable legislation.
- DISPUTES AND GOVERNING LAW
- CONSENT TO RECEIVING NOTICES
We may modify or delete any Content, any feature of the Online Services or the Online Services as a whole without notice at any time. [Where the change is significant, we will endeavour to give you notice of the change by displaying a notice on the Site or when you log in to your account, or by notification in the App.] If you are not happy with any change to the Online Services, you may discontinue your use of the Online Services.
- SUSPENDING OR TERMINATING ACCESS TO ONLINE SERVICES
We can suspend or end your access to the Online Services (or any part of the Online Services) at any time. Where appropriate, we will give you notice of this. However, there may be circumstances where we will suspend or end your access to the Online Services without prior notice to you. We will not be responsible for any loss (whether direct or indirect), damage (whether for loss of profit or otherwise however caused), costs, claims, expenses or other claims for compensation whatsoever you may incur as a result of the suspension or ending or your access to the Online Services.
Once you have completed the registration process, you will have specified a username (email address) and a password. You must ensure that you keep your username and password in a safe and secure place and that you do not disclose them to anyone. You will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately notify us of any unauthorised use of your username and password or any other breach of security as soon as you become aware of it. We reserve the right to require users to amend username and passwords if necessary for security reasons.
All accounts must be registered with a valid personal email address that you access regularly. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address. We reserve the right to close accounts in our sole discretion.
You can close your account at any time by contacting us using the ‘contact us’ link provided as part of the Online Services. Simply removing the App from your mobile device will not have the effect of closing your account. You will remain responsible for any activity on the Online Services which occurs through your account [until you receive notification from us via the Online Services that your account is closed].
- PURCHASING PRODUCTS
When you place an order with us to purchase a product, you are making an offer to purchase the particular product for the price notified at the time you place the order (including any applicable delivery and insurance charges, and any additional surcharges and taxes). No contract for the purchase of a product will come into existence until your order has been reviewed and accepted by us and we have notified you of such acceptance. An order may be declined where there are reasonable grounds for doing so, for example, the product is no longer available or if there is an error in the price or the description of the product listed on the Online Services. We may also apply a limit to the number of products you may order (either in a single transaction or over a period of time), and may reduce or decline an order for this reason. You will be notified whether your order has been accepted, reduced or declined as soon as reasonably practicable.
All amounts are stated in Australian dollars and are inclusive of GST (if any).
You will be required to pay for products using the payment methods specified on the Online Services or otherwise accepted by us from time to time. We will process the transaction upon acceptance of your order. A surcharge may apply for the use of certain credit cards, and where this is the case this will also be notified before your transaction is processed.
Products will normally be shipped from our warehouse by the end of the next working day of receipt of your order, unless otherwise noted in the product description. Any delivery times displayed on the Online Services or otherwise notified to you are estimates only, based on the information provided by our shipping company. The product will be delivered to the place of delivery you specify when making your order or in the manner described on the Online Services. Title to the product will pass to you upon the later of delivery of the product to the place of delivery or on our receipt of your payment for the product. We will not be responsible for any loss or damage to a product caused by you providing incorrect delivery details or for non-compliance with your delivery instructions (for example leaving a product outside or unattended).
- PRODUCT RETURNS
You must inspect the product immediately following delivery to you. Subject to our obligations under the ACL, you may only return products with our prior approval and the following conditions apply for all returns: (a) a written return claim (via email, letter or fax) must be received by us, however any claims made by phone call need to be made within five (5) working days after delivery of the product and in accordance with any additional conditions reasonably required by us; (b) the original order number and date must be quoted; (c) on our approval of the return claim, we will issue a returns authorisation form and/or number which is to be attached to the product when returned; (d) where a product was originally supplied in a special manufacturer’s carton, any return must be made in that original carton, and otherwise all products must be in their original and unmarked condition, complete with any instruction sheets supplied; (e) you will be responsible for paying outward and inward delivery charges, and if not pre-paid by you, such cost of delivery will be deducted from the amount of any refund or credit we give to you, and if no credit is available, then such cost will be invoiced to and payable by you; (f) the product must be returned within 20 days of the date of approval of the return claim by us; (g) a reasonable re-stocking fee may be charged by us; (h) no responsibility will be accepted by us for any delays in refunding or crediting you where such delay is caused by the product being incorrectly branded or returned without adequate identification of both you and of the product returned; and (i) you cannot return any products altered or damaged by you. All return claim payments will be made by us by payment refund.
Risk in the product passes to you on delivery. A signed consignment note and/or proof of delivery note is a legal document and if signed is acceptance that the product has been accepted as delivered by you. If you claim that we have not supplied a product and the consignment note and/or proof of delivery note has been signed by you and indicates the delivery in question was made, to the extent permitted by law, the product is deemed to have been accepted by you and we will not be liable (and you waive any rights to seek remedies) in relation to such claim.