Terms & Conditions
By accessing this Site you accept the Terms
of Use governing this Site.
If you do not agree with these Terms of
Use, you must immediately cease using this Site.
All content on this Site (including these
Use will take effect on the posting of the updated terms on this Site.
- these Terms and Conditions; and
- our Privacy
In the event of an inconsistency between
the documents listed above, precedence is given to terms contained in the
document which is listed first.
1.2. In these Terms and Conditions:
- "we", "us", "our" or "
Nutricia" refers to Nutricia Australia Pty Limited 99 076 246 752
(including our employees and agents) and our affiliates and related
entities (including their employees and agents);
- "you" or "your" refers to anybody accessing
2. Site is intended for use in Australia
2.1. This 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.
2.2. You agree to submit to the exclusive
jurisdiction of the courts of New South Wales in relation to any dispute about
2.3. If you are visiting this Site from
outside Australia, we make no representations as to the compliance of our Site
with the laws of other jurisdictions.
3. Use of the Site
3.1. You must not use this Site or any of
- for any reason or purpose which is unlawful, defamatory,
harassing, harmful, abusive, invasive of another's privacy or otherwise
- in a manner which would harm or disrupt this Site or any of our
services, or others' enjoyment of them;
- to transmit viruses or other things which could damage or
disrupt computers or telecommunications equipment;
- to offend others or harm our business; or
- to engage in any commercial activity of any form.
4. Content on this Site
4.1. While we attempt to ensure information
is accurate and current, the information is not reviewed by medical experts and
it may not be appropriate for you and your circumstances. The content on this
site should not be substituted for individual medical advice. You should not
use the information contained on this Site to diagnose a health or medical
condition or problem, or alter, commence or delay any medical treatment. You
should always check with your healthcare professional before relying on any
information posted on this site.
5.1. The content on this Site may include
links to other websites that are not operated by us. We are not responsible for
those websites and their content. We do not endorse any linked websites or the
products or services that are provided at those sites. The content on the
linked websites may change over time. You should check the terms and policies
of the linked websites.
5.2. We invite you to share hyperlinks to
our website amongst your friends and contacts for non-commercial purposes
(including via other social networking platforms and personal blogs you use).
Hyperlinking to this 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 this Site.
6. Removal of Content
6.1. We reserve the right to move, alter or
delete the Site, or content on the Site, at any time and for any reason.
6.2. If you are unhappy with our service or
would like to make a complaint about any content Nutricia puts on this Site,
please email us through the Contact Us page.
7. Intellectual Property
7.1. The copyright in the contents of this
Site belongs to us or our licensors. The copying, redistribution, re-posting,
publication, adaptation or alteration of any part of this Site for any public
or commercial purposes without our prior written prior permission is
7.2. You may use content on this Site for
your own personal, non-commercial use, provided all copyright and other
proprietary notices are kept intact.
7.3. The trademarks, logos, characters and
service marks (collectively the "trademarks") displayed on the Site
are our registered or unregistered trademarks. Nothing contained in this Site
should be construed as granting any licence or right in and to the trademarks
without our express written permission. 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 we will aggressively enforce our intellectual
property rights in the Site and its contents to the fullest extent of the law,
including seeking criminal sanctions.
7.4. Images of people or places displayed
on the Site are either our property or third-party property used under licence.
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.
7.5. If you feel Nutricia has infringed
your copyright, please email us through the Contact Us page.
8. Product information
8.1. This Site offers you the option of
viewing information about some of Nutricia's products. If you choose to view
this information, you are accepting that we are supplying this information at
your individual request for information and education purposes.
8.2. 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 local information in your relevant
jurisdiction before purchasing any products described on this site from outside
9. Limitations of Liability
9.1. To the maximum extent permitted by
law, all express or implied guarantees, warranties, representations and other
terms and conditions of any kind relating to this Site or its subject matter
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. This may include the Australian Consumer Law
which contains guarantees that protect the purchasers of goods and services in
9.3. If any guarantee, warranty, term or
Australian Consumer Law 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 to one or more of the
following at our option:
- in the case of goods: the replacement of the goods or the
supply of equivalent goods; the repair of such goods; the payment of the
cost of replacing the goods or acquiring equivalent goods; or the payment
of the cost of having the goods repaired; and
- in the case of services: the supply of the services again; or
the payment of the cost of having services supplied again.
9.4. As stated elsewhere in these Terms of
Use, the content of this Site should not be substituted for individual medical
advice, you should not use the information contained in this Site to diagnose a
health or medical condition or problem, or alter or commence any medical
treatment, and you should always check with your healthcare professional before
relying on any information posted on this Site. To the maximum extent permitted
by law, we will have no liability of any kind to you (whether arising in
contract, tort including negligence, statute, equity or on any other basis) in
connection with your failure to do so.
9.5. We accept liability to you for claims
- misleading or deceptive conduct under the Australian Consumer
- subject to clause 9.3, our liability under a Non-Excludable
- compensatory damages awarded by a court for breaches of:
the Privacy Act 1988 (Cth);
the Spam Act 2003 (Cth); or
Commonwealth, state or
territory anti-discrimination legislation; and
- any other claim for which we cannot (by law) exclude or limit
9.6. Subject to clauses 9.2, 9.3, 9.4 and
9.5, and to the maximum extent permitted by law, we will have no other
liability to you of any kind (whether arising in contract, tort including
negligence, statute, equity or on any other basis) in connection with these
9.7. A party's liability to the other party
is reduced to the extent that the other party's acts or omissions, or those of
a third party, contribute to or cause any such liability.
9.8. While we take steps to keep this site
free from viruses and other harmful code, we cannot ensure that this is the
case. You must therefore use up-to-date security software at all times to
protect your computer from such viruses and other harmful code.
9.9. While we use reasonable commercial
efforts to make the Site available, we do not represent or warrant that this
Site will be accessible or available on a timely basis, or that access will be
uninterrupted or error free.
10.1. If any provision (or part of a
then that provision (or part of a provision) will be severed with the intent