Neocate Village – Terms of Use

1. Introduction

These Terms of Use are an agreement between you and Nutricia Australia Pty Ltd and all related companies and licensees (Nutricia, us, we and our) regarding your use of the Neocate Village website (Website) . Access to and use of the Website is subject to the conditions specified in these Terms of Use.  If you do not accept these Terms of Use, you are not permitted to access or use the Website. If you are not over the age of 18, you must only access and use this Website under the supervision of a parent or guardian. If you lack full capacity to enter into a legal agreement, you must access and use this Website subject to entry into this agreement through a carer or family member.

2. Use

Subject to your compliance with these Terms of Use, Nutricia grants you a limited, non-exclusive, non-transferable and revocable licence to use the Website subject to the conditions set out in these Terms of Use.  The Website is intended for use by adults who are using medical nutrition or who are parents or guardians of a child using medical nutrition, under professional medical supervision and for personal, non-commercial purposes only.  This Website provides general information about our products and services and educational information about the dietary management of cow’s milk allergy or other conditions requiring the use of an amino acid formula. The information contained in the Website does not contain or constitute medical advice. Nutricia is not responsible for counselling or monitoring concerning any medical treatment, and does not provide any medical or other health professional services.  Your use of the Website does not give rise to a health professional-patient relationship between you and Nutricia.

By visiting and using this Website or purchasing a product, you acknowledge that we have provided you with the following information:

a) Infant and follow-on formula products should be used as directed. Proper use of infant and follow-on formula products is important to the health of the infant. Social and financial implications should be considered when selecting a method of feeding.

b) Introducing partial bottle feeding could negatively affect breast feeding. Good maternal nutrition is important for breast feeding and reversing a decision not to breast feed may be difficult.

c) Breast milk is best for babies – professional advice should be followed before using infant and follow-on formula products

All aspects of the Website are protected by copyright or other intellectual property rights which are and remain the exclusive property of Nutricia.  You must not use any part of this Website to reproduce, transmit, transfer, distribute, modify, sell, publish, prepare derivative works based upon, permanently store or circulate the Website or its content without the prior written permission of Nutricia.  You must not attempt to decipher, decompile, disassemble or reverse engineer the Website.

3. Contributions

Any content you contribute to our forums, including giving feedback on our products, making comments or suggestions, asking questions and sharing links to third party websites, will be treated as non-confidential.

You also warrant that the content you post:

  • is your own original work and you have the right to make the content available to us
  • is not unlawful, defamatory, abusive, offensive or threatening to other users of the Website, to any health professionals or to Nutricia
  • does not infringe any rights of third parties, and
  • is not promotional content about you or about any business you may be associated with.

If you breach any of the warranties set out above we may remove your contribution from the Website at our sole discretion. If the content you post could constitute a criminal offence or gives rise to a civil action, we may disclose any information we hold about you at our discretion. In the most extreme cases, we may also seek damages from you, including any legal fees that we may incur as a result of your breach.

We reserve the right at our sole discretion.(without limiting our rights to seek other remedies) to remove any material we deem is offensive, constitutes a misuse of the Website or which is otherwise harmful to other users of the Website. However, Nutricia is not responsible or liable for any content posted to this Website by any user and is not under any obligation to monitor, renew, remove, edit, refuse to post or disable access to any user contributed content.

You retain ownership of all copyright in the data you submit to our forums. By submitting your contribution, you grant us a perpetual, royalty-free and non-exclusive licence to use, reproduce and modify your contribution, subject to our Privacy Policy.

If you have given us a testimonial, which we post on the Website, you can ask to be de-identified or to be given a pseudonym. If we obtain your consent, we may use your testimonial for educational purposes on our Website or elsewhere.

4. Third party websites

The Website may contain links to third party websites or resources.  Nutricia does not endorse, nor is it liable for, any such websites or resources, or any content, products or services available through such websites or resources.  In linking to other websites or resources, you accept sole responsibility for and assume all risk arising from access and use of them.

5. Security

If you register as a member on the Website, you will be given a user name and password to access restricted parts of the Website. You must keep your user name and password secret and secure, as we will rely on these details to identify you. Your user name and password are personal to you and are not transferable. You are responsible for all information posted on the Website using your user name and password.  Any breach of security of a user name and password should be notified to us immediately.

Nutricia endeavours to ensure that the Website is reasonably free from errors and malicious code, and will not harm or unduly interfere with the performance of any computer or device on which the Website is accessed.  However, Nutricia is not liable for any direct or indirect damage caused by viruses or from the content of, or by use of, the Website, or that of sites linked to the Website.

You must not attempt to probe, scan or test the vulnerability of the Website or any related system or network, or breach security of any authentication measures.  You must not interfere with, or attempt to interfere with, the access of any user, host or network to the Website, including by sending a virus, overloading, flooding, spamming, or mail-bombing the Website, or plant malware on Nutricia’s computer systems or the systems of its providers.  You must not use the Website to impersonate or misrepresent your identity with any person or entity.

6. Liability

Although Nutricia has taken care in preparing the content of the Website, Nutricia does not accept responsibility for the the Website’s:

a) accuracy, completeness or reliability or that of any other website linked to the Website;

b) availability, functionality or performance; or

c) infringement of any third party intellectual property rights.

Nutricia disclaims any responsibility for third party communications, including communications between a patient and a health professional via the Website.

To the full extent permitted by law, the Website is provided on an “as is” basis only, and Nutricia provides no express or implied warranty or guarantee of any kind in relation to it.  To the extent that Nutricia is permitted by law to limit the remedies available to you for breach of any guarantee under the Australian Consumer Law, Nutricia expressly limits its liability at its option to the supply of the goods or services again, the repair of the goods or payment of the cost of having the goods or services supplied again or repaired. Additionally, Nutricia will not be liable to you for any indirect, special, incidental, punitive or consequential loss or damage arising out of, or in connection with, the Website, your access to and use of the Website, these Terms of Use, a breach or wrongful act by us in connection with these Terms of Use.

7. Privacy

The Website collects your personal information, including sensitive information, so we can provide you with access to the Website.

We may also email you about products and services we believe you may be interested in, if you have opted in to receive this information when you registered as a member of the Website. However, you can opt out of receiving marketing communications at any time by clicking the “unsubscribe” link on the email newsletters or by calling Nutricia Clinical Care Line on 1800 060 051.

The Website collects this information directly from you when you input your information into the Website. The Website may also collect personal information about you from third parties such as your dietitian or other health professional when you choose to interact with a health professional via the Website.  You may refuse to provide the Website with some or all of your personal information; however, this may prevent you from accessing the Website or certain functions of the Website.

Personal information that is entered through the Website may be stored on servers in the Netherlands. Your personal information will not be disclosed to any third parties, unless disclosure is legally required.

Nutricia’s Privacy Policy explains how you can seek to access and correct the personal information that we hold about you, as well as how to make a complaint about the way in which we handle your personal information.

8. Cookies

Cookies are small items of data that some websites either write to your hard drive upon your visit to their site(s) or store in the browser. These data files contain information the site can use to organise the pages you have visited on a particular website. This Website may use cookie technology to measure website activity and tailor information to fit your personal interests. In this way, we can deliver tailor-made information suiting your personal interests upon your next visit to this Website. Our use of cookie technology is, thus, to provide you with more individualised delivery of information and an optimal viewing experience.

9. Intellectual Property

All names, images and logos on this Website identifying Nutricia or third parties and their products and services are subject to copyright, design rights and trademarks owned by or licensed to Nutricia and / or third parties. Except where necessary for viewing the Website or as permitted under the Copyright Act 1968 (Cth) or other applicable laws or elsewhere in these Terms of Use, no material on this Website may be reproduced, adapted, uploaded or transferred to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the prior written consent of Nutricia.

10. Trademarks

All page headers, custom graphics, button icons, and scripts on this Website are trademarks and/or trade dress of Nutricia. All trademarks, trade dress and service marks and their respective designs and/or logos on this Website are trademarks or registered trademarks of Nutricia. All other trademarks, registered trademarks, product names and company names or logos used on this Website are the property of their respective owners. You may not use any trademarks, trade dress, service marks or intellectual property of Nutrica, nor may you place any meta tags or any other “hidden text” utilizing the name of Nutrica, trademarks, or product names without our express written consent.

11. Changes to the Terms of Use

Nutricia reserves the right to change these Terms of Use at any time. Nutricia will post any new version of the Terms of Use on the Website.  You will be taken to have agreed to the Terms of Use as amended by continuing to use the Website.

12. Governing law

This Website is intended for the use of Australian residents only. These Terms of Use, and any action related to the Terms of Use, are governed by the laws of New South Wales and you and Nutricia submit to the exclusive jurisdiction of the courts of New South Wales.

Nutricia appreciates that this Website may be accessed from outside Australia. However we make no representations as to the compliance of this Website with the laws of other jurisdictions. If you choose to access the Website 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 the Website are of Australian application. You should be aware that some products and brands described on our Website 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 Website outside Australia.

Copyright © 2016 Nutricia Australia Pty Ltd.  All rights reserved.