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].

We provide the content and services available through the Online Services to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout the Online Services in connection with certain functionality, features or promotions, all of which are deemed a part of and included with these terms of use (collectively “Terms of Use”) as amended from time to time.  By accessing, downloading, using and/or browsing our Online Services, you are deemed to have read, understood and agreed to be bound by these Terms of Use.  You acknowledge and agree that anyone who uses our Online Services from your mobile device (irrespective of whether such person does so with your permission or otherwise) will also be bound by these Terms of Use.

In these Terms of Use, “we”, “our”, “us” and “Nutricia” refers to Nutricia Australia Pty Limited, our related bodies corporate and ultimate holding company Danone S.A.  Anybody accessing our Online Services is referred to as “you” or “your”.

  1. 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.

  1. 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.
  1. 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).

Without limiting any of your other obligations, you must comply with all third party service providers’ terms of use (for example, software providers and network service providers) when accessing and using our App. We grant you a revocable, non-exclusive, non-transferable, limited right to install and use the App on a device owned and controlled by you in accordance with these Terms of Use.

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  1. 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.

  1. 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.

  1. 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;
  • grant us a perpetual, royalty-free, non-exclusive, sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your User Content worldwide and/or to incorporate your User Content in other works in any media now known or later developed for the full term of any rights that may exist in your User Content, and in accordance with privacy restrictions set out in our Privacy Policy;
  • 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. 

If you wish to bring to our attention any User Content posted by another user that is unlawful or otherwise in breach of these Terms of Use or that is otherwise available on the Online Services and you would like to file a complaint with us, please use the ‘contact us’ link found on any page which contains User Content.

  1. 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.

  1. PRIVACY

You acknowledge that you have read and understood the terms of the Privacy Policy that is located here. You agree that Nutricia may use and disclose information about you in accordance with the terms of the Privacy Policy. You also agree to check the Privacy Policy on a regular basis and to let us know if you object to use or disclosure of information about you in accordance with any updated policy.

  1. 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.

Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited, including the Competition and Consumer Act 2010 (Cth), Schedule 2, the Australian Consumer Law (“ACL”) which contains guarantees that protect the purchasers of goods/products and services in certain circumstances.

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.

  1. INDEMNITY

You agree to indemnify us, affiliates and related entities, relevant suppliers, licensors and agents of ours in respect of any loss, damage, cost or expense (including reasonable enforcement costs, whether incurred on a solicitor and own client base or otherwise) suffered or incurred by the same as a result of your submission, and our use, of your User Content, any inaccurate or incomplete information provided by you to us or any breach by you of any of your obligations under these Terms of Use (including any acts or omissions of your employer, contractors or agents). You also agree to indemnify us for any loss, damages, or costs, including reasonable lawyers’ fees, resulting from your use of software robots, spiders, crawlers, or similar data gathering and extraction tools, or any other action you take that imposes an unreasonable burden or load on our infrastructure.

  1. DISPUTES AND GOVERNING LAW

These Terms of Use are governed by Australian law and the Courts of Australia have exclusive jurisdiction in respect of any matter concerning the use of the Online Services, including any dispute, difference or question arising out of or in connection with the Online Services or any Content.

  1. CONSENT TO RECEIVING NOTICES

You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices“) from us electronically including without limitation by e-mail or by posting notices on the Online Services. Any such Notice will be valid in accordance with the Electronic Transactions Act 1999 (Cth). You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your email message content may be monitored by us for trouble shooting or maintenance purposes or if any form of email abuse is suspected. To withdraw your consent to receive Notices (other than marketing communications) electronically, you must notify us of your withdrawal of such consent by emailing us at privacy.oceania@danone.com and discontinue your use of the Online Services.  In such event, all rights granted to you pursuant to these Terms of Use shall automatically terminate.  You acknowledge that we may not be able to provide all the benefits of the Online Services to any user that does not consent to the receipt of Notices electronically.

To withdraw your consent to receive Notices that are marketing communications electronically, you may notify us of your withdrawal of such consent as provided for in our Privacy Policy.

  1. AMENDMENTS

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.   

We may modify these Terms of Use at any time.  Any amendment to these Terms of Use will take effect immediately upon the posting of the updated terms on the Online Services.  Your continued use of the Online Services will be deemed as irrevocable acceptance of and agreement by you to be bound by any revisions to the Terms of Use as amended from time to time.

  1. 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.

  1. MEMBERSHIP

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].

  1. 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.

We may cancel your order after it has already been accepted if you are suspected of acting fraudulently (such as using a credit card without proper authorisation) or in breach of these Terms of Use. While all reasonable endeavours are used to avoid pricing and other errors, inadvertent errors do occur from time to time and your order may also be cancelled after it has been accepted in such circumstances. If there is a delay in shipping your order we will contact you as soon as possible to advise you of the reason for the delay. If this occurs, you may cancel your order at any time prior to when the product is shipped to you. You may also cancel an order if we are in breach of these Terms of Use.

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).

  1. 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.

Subject to our obligations under the ACL, any claim that a product is defective, damaged, faulty, short delivered or not supplied in accordance with these Terms of Use and/or the relevant order must be made in writing to us within ten (10) working days after delivery of the product to you. If you fail to make a return claim within this timeframe then, to the extent permitted by law, the product will be deemed to have been accepted by you and we will not be liable (and you waive any rights to seek remedies) in relation to any later claim for any damage to, discrepancy or other non-compliance of the product.

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.

  1. GENERAL

If any provision (or part of a provision) of these Terms of Use becomes void or unenforceable for any reason, then that provision (or part of a provision) will be severed with the intent that the remainder of these Terms of Use will continue to be in full force and effect.

Neither party will be liable for any delay in performing any of its obligations under these Terms of Use if such delay is caused by circumstances beyond the reasonable control of that party.

These Terms of Use constitute the entire agreement between the parties in relation to our Online Services and any product or service offered by us, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the parties in relation to our Online Services or the products.

The provisions of these Terms of Use which by their nature survive termination or expiry of these Terms of Use will survive termination or expiry of these Terms of Use.