1. Introduction
These Terms of Use are an agreement between you and Nutricia Australia Pty Ltd or Nutricia Limited, as the case may be, and all related companies and licensees (Nutricia) regarding your use of the Nutricia mobile phone application and desktop service for practitioners (MyKetoPlannerTM App/desktop service). Access to and use of the MyKetoPlannerTM App/desktop service and MyKetoPlannerTM App/desktop service 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 download, access or use the MyKetoPlannerTM App/desktop service.
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 MyKetoPlannerTM App/desktop service subject to the conditions set out in these Terms of Use. The MyKetoPlannerTM App/desktop service is intended for use by individuals and caregivers who are using medical nutrition, under professional medical supervision and for personal, non-commercial purposes only. If you are 13 - 18 years old, you acknowledge that you have your caregiver's permission to use this app. We have no intention of collecting any personal information directly from individuals under the thirteen years of age. The information contained in the MyKetoPlannerTM App/desktop service does not contain or constitute medical advice. Nutricia is not responsible for counselling or monitoring concerning your medical treatment, and does not provide any medical services. Your use of the MyKetoPlannerTM App/desktop service does not give rise to a health professional-patient relationship between you and Nutricia. All aspects of the MyKetoPlannerTM App/desktop service 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 application to reproduce, transmit, transfer, distribute, modify, sell, publish, prepare derivative works based upon, permanently store or circulate the MyKetoPlannerTM App/desktop service or its content without the prior written permission of Nutricia. You must not attempt to decipher, decompile, disassemble or reverse engineer the MyKetoPlannerTM App/desktop service.
3. Third party websites
The MyKetoPlannerTM App/desktop service may contain links to third party websites or resources. Nutricia does not endorse, and to the fullest extent permitted by law it does not accept any responsibility 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.
4. Security
Nutricia endeavours to ensure that the MyKetoPlannerTM App/desktop service 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 MyKetoPlannerTM App/desktop service is accessed. However, to the fullest extent permitted by law Nutricia does not accept any responsibility for any direct or indirect damage caused by viruses or from the content of, or by use of, the MyKetoPlannerTM App/desktop service, or that of sites linked to the MyKetoPlannerTM App/desktop service. You must not attempt to probe, scan or test the vulnerability of the MyKetoPlannerTM App/desktop service 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 MyKetoPlannerTM App/desktop service, including by sending a virus, overloading, flooding, spamming, or mail-bombing the MyKetoPlannerTM App/desktop service, or plant malware on Nutricia's computer systems or the systems of its providers. You must not use the MyKetoPlannerTM App/desktop service to impersonate or misrepresent your identity with any person or entity.
5. Liability
Although Nutricia has taken the greatest care in preparing the content of the MyKetoPlannerTM App/desktop service, to the fullest extent permitted by law, Nutricia does not accept responsibility for its accuracy, completeness or reliability or that of any other application linked to the MyKetoPlannerTM App/desktop service. At time of publication, all product information is up-to-date. The most current information can always be obtained by referring to the package label or Nutricia website: www.nutriciamedical.com.au or www.nutriciaclinical.co.nz . Nutricia disclaims any responsibility for third party communications, including communications between a patient and a practitioner via the MyKetoPlannerTM App/desktop service.
Australia
To the full extent permitted by law, the MyKetoPlannerTM App/desktop service 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, it expressly limits its liability to the replacement, repair, or cost of replacement or repair of the MyKetoPlannerTM App/desktop service . 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 MyKetoPlannerTM App/desktop service, your access to and use of the MyKetoPlannerTM App/desktop service , these Terms of Use, a breach or wrongful act by us in connection with these Terms of Use. Our sole liability to you for any direct loss or damage in connection with such matters will be limited to the amount of any fees paid by you to Nutricia for the MyKetoPlannerTM App/desktop service.
New Zealand
Nothing in these Terms of Use is intended to exclude, restrict or modify any rights that a consumer may have under the Consumer Guarantees Act 1993 (CGA). Subject to the CGA, the MyKetoPlannerTM App/desktop service 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 CGA, it expressly limits its liability to the replacement, repair, or cost of replacement or repair of the MyKetoPlannerTM App/desktop service. In addition to these remedies, a "consumer" (within the meaning of the CGA) may claim for any reasonably foreseeable loss (other than loss or damage through reduction of value of the goods) that results from the initial problem. Subject to the CGA Nutricia does not accept any responsibility for any indirect, special, incidental, punitive or consequential loss or damage arising out of, or in connection with, the MyKetoPlannerTM App/desktop service, and/or your access to and use of the MyKetoPlannerTM App/desktop service.
6. Privacy
Via the MyKetoPlannerTM App/desktop service we collect your personal information and personal information about children in your care, as the case may be, including certain sensitive information, so that we can provide you with access to the MyKetoPlannerTM App/desktop service and provide the services available through the MyKetoPlannerTM App/desktop service to you. The MyKetoPlannerTM App/desktop service collects this information directly from you when you input your information or information relating to your child into the MyKetoPlannerTM App/desktop service. The MyKetoPlannerTM App/desktop service may also collect personal information about you from third parties such as your dietician or other health professional when you choose to interact with a health professional via the MyKetoPlannerTM App/desktop service. You may refuse to provide the MyKetoPlannerTM App/desktop service with some or all of your personal information; however, this may prevent you from accessing the MyKetoPlannerTM App/desktop service or certain functions of the MyKetoPlannerTM App/desktop service. for the purpose of enabling your use of the MyKetoPlannerTM App/desktop service to send direct marketing communications to you by email, if you have opted in to receive these at the time of registration as a member of MyKetoPlannerTM App/desktop service. 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 (AU) or 0800 636 228 (NZ) using your data (de-identified) for research to understand how to improve Nutricia products and services. de-identified data that does not identify you may be used for marketing/promotional purposes; and other purposes as stated in our Privacy Policy We have no intention of collecting any personal information directly from individuals under the thirteen years of age. However, there may be cases where we collect information from parents or guardians about their children, such as their age, date of birth and dietary needs. In such cases we will ensure that any children's information is only provided to us on a voluntary basis and with consent of the relevant parent or guardian. The children's information is collected for the purpose of segmenting information and enabling us to assess and respond to enquiries and to provide more informed, appropriate and tailored products and services to the relevant parent or guardian. Under no circumstances will we use the children's information for sending any communications directly to those children. Nutricia's Privacy Policy also explains how we collect, hold, use and disclose personal information, as well how you can seek to access and correct the personal information that it holds about you and how to make a complaint about the way in which we handle your personal information and how we deal with complaints. You can access our Privacy Policy at www.nutriciamedical.com.au or www.nutriciaclinical.co.nz . You have rights to access (and request correction of) your information as provided by the Privacy Act. If you have any questions, comments or complaints or you want to access and/or request correction of your personal information or information about your child, you can contact Nutricia by writing to externalaffairsanz@nutricia.com
7. 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 MyKetoPlannerTM App/desktop service. You will be taken to have agreed to the Terms of Use as amended by subsequently continuing to use the MyKetoPlannerTM App/desktop service.
8. Governing law
These Terms of Use, and any action related to the Terms of Use, are governed by the laws of New South Wales or New Zealand (if you normally reside in New Zealand) and you and Nutricia submit to the exclusive jurisdiction of the courts of New South Wales or New Zealand (if you normally reside in New Zealand). Copyright © 2015 Nutricia Australia Pty Ltd and Nutricia Ltd, New Zealand. All rights reserved.