Terms of use

Welcome to Nutricia at Home. Nutricia at Home is Nutricia's Home Enteral Nutrition Service providing home delivery of both scripted and non scripted Nutricia products, throughout Australia, straight to your patients door.

IMPORTANT NOTICE: PLEASE READ CAREFULLY
Your access to this website is conditional on your acceptance of the terms of use detailed below. By accessing and using this website you acknowledge that you:

• (a) 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
• (b) 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 these terms of use will take effect on the posting of the updated terms on this website.

Application to Australia Only

In these terms and conditions of use, Nutricia Australia Pty Limited is referred to as "we", "us", "our" or "Nutricia" and anybody accessing our website ("Site") is referred to as "you" or "your".

Nutricia provides and maintains this Site as a source of information, education and communication for you. The 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. 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.

Disclaimers

1. While Nutricia endeavours to ensure that the information on this Site 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 information contained herein, or for any errors or omissions contained herein.
2. To the fullest 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 information, content or materials included 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.
   • Your use of this website is at your own risk. Nutricia shall not be liable in any circumstances 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 Nutricia, its employees or agents, which arise out of or in connection with your access to or use of this Site or the information, content, materials or products included on this Site, whether based on warranty, contract, tort, negligence, statute, in equity or on any other basis, except in respect of death or personal injury caused by the proven negligence of Nutricia (Aus), its employees or its agents.
3. From time to time, Nutricia may provide links to third party websites. However, these are provided for convenience only and Nutricia does not accept any responsibility or liability for access to or material on, any web site which is linked from or to this Site or for any material on this Site in which the copyright is owned by a third party. You agree that you shall have no claim against Nutricia in the respect of the content of any such material. Links to those linked websites should not be construed as an endorsement, approval, recommendation or preference by us of the owners or operators of the sites, or for any information, products or services referred to on those linked sites. You should verify such information directly with those third parties.
4. Nutricia's liability for breach of any implied warranty or condition which cannot be excluded at law is limited at Nutricia's option to the following: in the case of goods: (A) the replacement of the goods or the supply of equivalent goods; (B) the repair of such goods; (C) the payment of the cost of replacing the goods or acquiring equivalent goods; or (D) the payment of the cost of having the goods repaired; and in the case of services: (A) the supply of the services again; or (B) the payment of the cost of having services supplied again.
5. Further, we are not liable to you or anyone else for any direct, indirect, incidental, special or consequential loss or damage if your access to or use of this Site or a linked site causes damage or interference to your computer Your use of our Site and any linked site is at your own risk from damage or loss caused by viruses or anything else (such as trojan horses) that may infect your computer equipment.
6. Any content or information provided on or via this email site is intended, and should be used, for general information purposes only and must not be used as a substitute for specific advise from a professional healthcare provider. You should not use the information contained in this Site to diagnose a health or medical condition or problem and you should consult a professional healthcare provider for specific advice. Nutricia does not accept any liability arising from any information provided in this context.

Intellectual Property

The intellectual property including copyright in all information and materials displayed or available on this Site belongs to Nutricia or its licensors unless otherwise stated.

You may browse, download and copy the material provided on this Site only for the purposes of personal and non-commercial use. You may not, however, adapt, reproduce, distribute, link, store, transmit, print or publish or use any of the material on this Site for public or commercial purposes, without first obtaining the express written permission of Nutricia. 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.

A Word on "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. Our Site may use "cookie" technology to measure Site 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 our Site. Our use of "cookie" technology is, thus, to provide you with more individualised delivery of information and an optimal viewing experience.

General

Use of the "Contact Us" section and other parts of or facilities on this Site is subject to the condition that you agree not to post any statement or material that is unlawful, defamatory, criminal, abusive, obscene, pornographic or dangerous, or that infringes the intellectual property rights of any third party or that is confidential to or owned by another person. If such material is posted on the Nutricia Site, you agree to indemnify Nutricia for any losses, costs, expenses, penalties, liabilities or damages that Nutricia may suffer or be exposed to as a result of such statement being posted on our Site.

Your Communications to Us

We welcome your comments and feedback (through email or regular mail) about our products and this website. Any material that you post on this website (including any suggestions, comments or questions on our bulletin board) will be treated by us as non-confidential and non-proprietary information. If you send us any ideas or other material about our products or this website, you agree that we are free to transmit, distribute, adapt, reproduce, modify and use such ideas and material (and any related know-how and techniques) for any purpose and in any manner, including to develop, manufacture, promote and market products, without recourse to you. You agree not to assert any intellectual property rights or moral rights against Nutricia in relation to any such distribution, transmission, adaptation, modification, reproduction, use or exploitation, and Nutricia is deemed to have a perpetual, royalty free licence in relation to all such intellectual property rights.

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;
• 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.