Welcome to the HCP Portal, which is part of the services offered by Nutricia at Home website. This website and all communications sent from Nutricia (collectively, the Site) is owned and operated by Nutricia Australia Pty Limited 99 076 246 752.

We provide the content and services available on this Site to you subject to the following terms and conditions, our Privacy Policy and other terms and conditions and policies which you may find throughout our Site 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). By accessing and browsing this Site, you are deemed to have read, understood and agreed to be bound by these Terms of Use. By accessing and using this Site you acknowledge that you:

• have fully read and understood these Terms of Use, accept them as legally binding between us and waive any right to contest their validity or enforceability, including on the grounds of lack of notice of them; and
• waive your right to make any claim against us which is consistent with these terms of use.

If you do not agree with these terms of use, you must immediately cease using this website. All content on this Site (including these Terms of Use) is subject to change at any time. Any amendment to the Terms of Use will take effect on the posting of the updated terms on the Site.

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 Site 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, and other materials (Content) is available on and through the Site. Any content, information or advice provided on or via this Site or our advisory services is intended, and should be used, for your information, educations and communication. The Site is intended for the use of Australian health care professionals 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.

    2. Right to use website and content

You may browse, print and copy Content provided on this Site within your role as a health care professional. You may not, however, adapt, reproduce, distribute, link, store, transmit, print or publish any of the Content on this Site for any purposes outside your role as a health care professional without first obtaining our express written permission.

We reserve the right to alter, suspend or terminate this Site temporarily or permanently at any time or to deny access to this Site without notice and for any reason.

You may not use this Site:

(a)   for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy or otherwise objectionable; or

(b)   in a manner which would harm or disrupt this Site, or others enjoyment of it.

    3. Intellectual property

The intellectual property including copyright in all Content on this Site belongs to us or our licensors unless otherwise stated. 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.

    4. User content

When you transmit or post any material to or on this Site, you grant to us a non-exclusive, worldwide, perpetual, fully sub-licensable, and royalty free licence 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. Nutricia is not responsible or liable for any content posted to this website by any user (User Content) and Nutricia is not under any obligation to monitor, renew, remove, edit, refuse to post or disable access to any User Content.

You are prohibited from posting or transmitting:

• any User Content which infringes any intellectual property rights or other rights of any third person or violates any moral rights of any third person; and
• any unlawful, threatening, defamatory or obscene User Content or any other material that could constitute or encourage conduct which is a criminal offence or which gives rise to civil liability. Nutricia will fully co-operate with law enforcement authorities in any jurisdiction, in relation to any such User Content or material, including by disclosing the identity of, and other information relating to, any user posting that User Content or material.

    5. Liability

While we attempt to ensure that that the Content 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 Content, or for any errors or omissions contained therein.

Use of this Site and all Content on this Site is at your own risk. Neither Nutricia nor any other party involved in creating, producing or delivering the Site is liable 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 us, our employees or agents, which arise out of or in connection with your access to or use of this Site and its Content. 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.

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 this Site or the Content 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.

    6. 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 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.

    7. Disputes

Any dispute, difference or question arising out of or in connection with this Site or its Content shall be governed by the laws of New South Wales.

    8. 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 this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. To withdraw your consent to receive Notices electronically, you must notify us of your withdrawal of such consent by emailing by us through the Contact Us page and discontinue your use of this Site. In such event, all rights granted to you pursuant to these Terms of Use shall automatically terminate. Unfortunately, we cannot provide the benefits of this Site to any user that cannot consent to receipt of Notices electronically.

    9. Amendments

We may modify or delete any Content (including these Terms of Use) without notice at any time. Any amendment to these Terms of Use will take effect on the posting of the updated terms on this website. Your continued use of this site will be deemed as irrevocable acceptance of any revisions to the Terms of Use. The Terms of Use were last updated April 2019.

    10. 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 email address that you access regularly so that moderation emails can be sent to you. 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 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) on our Site.  We cannot be responsible for any subsequent actions or events resulting from such personal information being voluntarily revealed by you.