Website Terms and Conditions
Terms and Conditions for use of the website www.myketocal.co.nz and its sub domains.
Nothing in these Terms and Conditions is intended to limit or exclude your rights under the Consumer Guarantees Act 1993.
Thank you for visiting the website www.myketocal.co.nz and/or any of its sub domains (altogether referred to as the “Website”). By using the Website you agree to be legally bound by the following Terms and Conditions of Use (Terms and Conditions), which you will be deemed to have agreed to upon your first use of any of the Websites.
This Website is an initiative of Nutricia Limited, whose registered office is at 124 Favona Rd, Favona, Auckland 2024, New Zealand. (“Nutricia”). Nutricia reserves the right to amend or change these Terms and Conditions at any time in its reasonable discretion by posting changes on the Website. Please review these terms regularly to ensure you are aware of any changes made by Nutricia. Your continued use of the Website after changes are posted means you agree to be legally bound by these terms as updated and/or amended.
1. Application to New Zealand only
In these Terms and Conditions, Nutricia 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 Website as a source of information, education and communication for you. The Website is intended for the use of New Zealand residents only and is governed by and complies with the laws and regulations of New Zealand. You agree to submit to the exclusive jurisdiction of the Courts of New Zealand in relation to any dispute about or arising under these Terms and Conditions.
Nutricia appreciates that this Website may be accessed from outside New Zealand. However we make no representations as to the compliance of our Website with the laws of other jurisdictions. If you choose to access this Website from locations outside of New Zealand 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 New Zealand application. You should be aware that some products and brands described on our Website may not be available outside New Zealand or may be available under different names and in different strengths outside New Zealand. You should seek further information before purchasing any products described on this Website outside New Zealand.
2. Use of the Website
You must not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Website’s content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any of the Website content, except for your own personal, non-commercial use. Any other use of the Website’s content requires the prior written permission of Nutricia. We reserve the right to change, modify, substitute or remove without notice any information on the Website from time to time at our reasonable discretion.
You agree to use the Website only for lawful purposes and in a way that does not harm the interests or infringe the rights of Nutricia or any other third party or user. Prohibited activities include but are not limited to harassing or causing distress or inconvenience to any person, transmitting unlawful, inappropriate, obscene or offensive content, disrupting the normal flow of dialogue within the Website, posting or uploading of files that contain viruses that may cause damages to Nutricia or any third party or user.
3. User name and password
On registering with us, you are issued with a user name and password which must be used in order to access certain restricted parts of the Website. The user name and password are personal to you and are not transferable.
Your name and password are the methods used by us to identify you and so are very important. You are responsible for all information posted on the Website by anyone using your user name and password. Any breach of security of a user name and password should be notified to us immediately.
You may not adapt or circumvent the systems in place in connection with the Website, nor access the Website other than through normal operations.
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 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 our Website. Our use of cookie technology is, thus, to provide you with more individualised delivery of information and an optimal viewing experience.
Where you are invited to submit (either directly or by linking information you post to another website such as www.facebook.com) any contribution to the Website (including any text, photographs, graphics, video or audio) (User Content) you shall retain ownership of all copyright in such User Content submitted, subject to the licence granted below.
Nutricia is not responsible or liable for any User Content posted to this Website and Nutricia is not under any obligation to monitor, renew, remove, edit, refuse to post or disable access to any User Content. However, Nutricia reserves the right (without limiting its rights to seek other remedies) to remove offending material, including User Content, placed on the Website that Nutricia considers to constitute a misuse of the Website or which is otherwise harmful to other users of the Website.
You are prohibited from posting or transmitting:
a) 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;
b) 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.
Further to the above, by submitting your User Content, you warrant that:
a) It is your own original work and that you have the right to make it available to Nutricia for all the purposes specified above;
b) It is not unlawful, defamatory, abusive, disruptive, offensive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable or not acceptable in any manner;
c) It does not infringe any right of third parties;
d) It is not intended for advertising purposes.
You shall be solely responsible to indemnify Nutricia against all reasonable legal fees, damages and other expenses that may be incurred by Nutricia as a result of your breach of the above warranties.
Subject to the Contracts (Privity) Act 1982 this condition may be enforced by the following people in their own right:
a) any third party with whom Nutricia contracts for content or advertising; and
b) Nutricia’s employees or agents – at the time of any failure to observe.
6. Your Communications to Us
We welcome your comments and feedback (through email or regular mail) about our products and this Website. 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 developing, manufacturing, promoting and marketing 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 to the extent necessary you grant Nutricia a perpetual, royalty free licence in relation to all such intellectual property rights.
You shall use the information and data contained in the Website at your own risks and under your own responsibility. Nutricia gives no warranties or representations of any kind, whether express or implied (to the extent permitted by law), on the information, data or materials contained in the Website, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
The information and data contained in the Website are provided on an “as is” and “as available” basis. It has not been written to meet specific individual requirements and it is your sole responsibility to satisfy yourself prior to using this information in any way that it is suitable for your purposes. Before making any decisions based on any information contained in the Website, you are strongly advised to refer to alternative independent sources of information to substantiate the basis for your decision.
7.2 No Medical Advice
In particular, information and data contained in the Website are provided on an indicative basis, notably in relation to medical issues. You must always seek professional advice in relation to any area covered by the Website in respect of which you have any doubts whatsoever. The Website contains product information. The products discussed on the Website are Foods for Special Medical Purposes and must be used under medical supervision.
The content provided by the Website is for information purposes only and is in no way intended to be a substitute for medical consultation with a qualified professional. The information, opinions, and recommendations presented on the Website are not intended to replace the care of your own physician or dietician and may not be suitable for you and your circumstances. You should not use the information contained on this Website to diagnose a health or medical condition or problem, or alter, commence or delay any medical treatment. Before you make any changes in the management of your diet or your child’s diet you should always consult your physician or other qualified medical professionals.
Although we carefully review our content, Nutricia does not guarantee or take responsibility for the medical accuracy of documents published in the Website. In particular, Nutricia does not endorse, and specifically disclaims, any responsibility or liability for any content provided by other users on the Website.
7.3 Access, third party sites and user data
We will endeavour to allow uninterrupted access to the Website, but Nutricia does not warrant that functions contained in the Website will be uninterrupted or error free, that defects will be corrected, or that it is free of viruses or bugs. Access to the Website may be suspended, restricted or terminated at any time. Whilst we make all reasonable attempts to exclude viruses and other harmful code from the Website, Nutricia cannot ensure such exclusion and no liability is accepted for viruses and other harmful code. Thus, you are recommended to take all appropriate safeguards before downloading information from or accessing the Website.
Nutricia also points towards third party sites on the Website. These links are established in cooperation with the concerned sites at a time when Nutricia found it fitting, considering the content and services they provided. Nutricia will not be held responsible of the content of these sites and of the use other users may make of them, nor does assume any liability for the content of other websites linked to the Website.
Nutricia accepts no liability for data supplied by any user for display on the Website and the limitations in the condition below (Limitations of liability) apply.
8. Limitation of Liability
We use reasonable endeavours to ensure that data on the Website is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Website and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Website. We do not guarantee that the Website will be fault free and do not accept liability for any errors or omissions.
Due to the nature of electronic transmission of data over the internet, and the number of users by whom data is posted on to the Website, any liability we may have for any losses or claims arising from an inability to access the Website, or from any use of the Website or reliance on the data transmitted using the Website, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Website save where such liability cannot be excluded by law.
We do not give any warranty that the Website is free from viruses or anything else which may have a harmful effect on any technology.
9. Removal of content
We reserve the right to move, alter or delete this Website, or content on this Website, at any time and for any reason at our reasonable discretion.
If you are unhappy with our service or would like to make a complaint about any content NUTRICIA puts on this Website, please email us directly at email@example.com
10. Product information
This Website 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.
By visiting and using this Website or purchasing a product, you acknowledge that we have provided you with the following information:
Within MY KETOCAL, you will find information about the KetoCal range of products, which are used for the dietary management of drug resistant epilepsy and other conditions where the ketogenic diet is indicated.
These products are foods for special medical purposes used for the ketogenic diet, which is a precise and carefully calculated medical diet, and must be used under strict medical supervision.
Nutricia provides this material for the information and education of healthcare professionals and consumers. If you would like to proceed to the MY KETOCAL website, you are accepting that:
- The material is supplied at your individual request for educational purposes,
- The material will not replace the advice of a qualified healthcare professional, and
- The material is provided for your personal or professional use only, and is not to be used for any other purpose.
Product names, descriptions and labels on this Website are of New Zealand application. You should be aware that some products and brands described on our Website may not be available outside New Zealand or may be available under different names and in different strengths outside New Zealand. You should seek further local information in your relevant jurisdiction before purchasing any products described on this Website from outside of New Zealand.
11. Intellectual Property
The names, images and logos 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. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any licence or right to use any trade mark, patent, design right or copyright of Nutricia, or any other third party. Copyrights of the texts, images and other elements appearing on the Website, including the Website designs, texts, graphics, and the selection and arrangement thereof, are owned by Nutricia, or have been included with the consent of the respective owner. The reproduction of the web content, either in whole or in part, on any electronic support is formally forbidden unless expressly authorised by Nutricia.
The trademarks and/or logos of Nutricia that appear on the Website are owned by Nutricia and may be registered trademarks and protected by trade mark laws. Other product and company names mentioned on the Website may be the trademarks or registered trademarks of their respective owners.
If any provision (or part of a provision) of these Terms and Conditions becomes void or unenforceable for any reason beyond the reasonable control of Nutricia, then that provision (or part of a provision) will be severed with the intent that the remainder of these Terms and Conditions 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 and Conditions if such delay is caused by circumstances beyond the reasonable control of that party.
These Terms and Conditions constitute the entire agreement between the parties in relation to this Website and any product, and supersede all other (prior or contemporaneous) communications or displays whether electronic, oral, or written, between the parties in relation to this Website or the products.
Your purchase of any product is conducted electronically and each party agrees that the other may communicate with it electronically for all aspects of any product purchase, including by sending electronic notices.
The provisions of these Terms and Conditions which by their nature survive termination or expiry of these Terms and Conditions will survive termination or expiry of these Terms and Conditions.
The term “including” when used in these Terms and Conditions is not a term of limitation.