Terms & Conditions

WEBSITE TERMS AND CONDITIONS

Please read these terms of use carefully. If you proceed to use this Site, you are agreeing to these rules, including our House rules for our Forums and Kariclub Friends.

1. This Site is produced by Nutricia for your information, education and communication. Please feel free to browse this Site.

2. The Site and its contents are designed to comply with New Zealand laws and regulations and are intended for use by New Zealand residents only. Nutricia makes no representation that any information contained in this Site is relevant or appropriate to other locations.

3. This Site offers you the option of viewing information about Nutricia’s milks. If you choose to view this information, you are accepting that Nutricia is supplying this information at your individual request for information and education purposes.

4. 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.

5. All accounts must be registered with a valid personal 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 if any User is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Kariclub accounts, or if a non- New Zealand User pretends to be a New Zealand User, or disrupts any of our services in any way.

6. Use of this Site is at your own risk. Neither Kariclub nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages arising out of your access to, or use of, the Site. This includes damages to, or viruses that may infect your computer equipment. 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. Please note that some jurisdictions may not allow the exclusion of implied warranties, so check your local laws.

7. The copyright to the contents of this Site belongs to Nutricia. Users may download materials for their own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact. The copying, redistribution, re-posting, publication, adaptation or alteration of any part of this Site for any public or commercial purposes is prohibited without written prior permission from Nutricia. When you transmit or post any material to or on this Site, you grant to us non-exclusive, world wide, perpetual, fully sub-licensable royalty free licence under your copyright and other intellectual property rights 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.

8. The trademarks, logos, characters and service marks (collectively the 'Trademarks') displayed on the Site are registered or unregistered trademarks of Nutricia. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the trademarks without the express written permission of Nutricia. Your use of the Trademarks and contents of the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that Nutricia will aggressively enforce their intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.

9. 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 the Site. Some of the Content is provided by Nutricia and other Content is provided by persons who use the Site (“Users”), such as User opinions and views provided via posts to discussion forums. Kariclub strive to keep the Content that we post on the Site accurate, complete, and up-to-date, but we cannot guarantee, and are not responsible for, the accuracy, integrity, quality, completeness, timeliness or that it will not be objectionable to you, of any Content whether provided by ourselves or by Users. In order to ensure everyone can get the most out of these chat groups, please read and abide by our House Rules.

10. Images of people or places displayed on the Site are either the property of, or used with permission by Nutricia. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission elsewhere on the Site. Unauthorised use of images may violate copyright, trademark, privacy and/or publicity laws as well as communications regulations and statutes.

11. If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on this Site and you would like to file a complaint with us, please use the ‘report abuse’ link found on any page which contains content supplied by users.

12. The Content presented in this Site is provided with the understanding that neither Nutricia nor its Users are engaged in rendering medical, counselling, legal or other professional services or advice. The Content is available for information and as an educational tool, it is not intended as medical or healthcare advice and is not intended as a substitute for professional advice relative to a specific condition or questions you may have regarding a medical condition or legal problem. Always seek the advice of your general practitioner or other qualified healthcare professional regarding any medical condition before starting any new treatment.

13. Personal information voluntarily submitted to Kariclub via the Site, such as interactive registration may be used by Kariclub. Kariclub may also sell this data or make it available to third parties who may contact you to offer you selected products or services, unless you indicate otherwise in the subscription form. It may also be used internally in Nutricia to assess the functionality of our Site and the needs of our customers. By providing such information, you expressly consent to Nutricia using personal information in this way.

14. Nutricia advises that you 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), in any Kariclub community. Nutricia is not responsible for any subsequent actions or events resulting from such personal information being voluntarily revealed by you.

15. This Site may contain links to other Sites. Nutricia is not responsible for the content of any other Site or for on-going review of other Sites. The inclusion of any link to such Sites does not imply endorsement by Nutricia. Your linking to any other Sites is at your own risk. Hyper-linking to this Site, in any manner, is not permitted without Nutricia's written permission.

16. Kariclub does not represent or warrant that this, or any Site to which ours is linked, will be accessible or available on a timely basis, or that access to the same will be uninterrupted or error free.

17. Nutricia reserves the right to alter or delete material from the Site at any time.

18. Nutricia may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the then current Terms and Conditions.

Our commitment to privacy

Nutricia respects your privacy and is committed to managing and protecting your personal information in accordance with relevant privacy legislation in New Zealand protecting the rights of individuals. This Privacy Policy explains how Nutricia collects, holds, uses and discloses your personal information and how you can gain access to that personal information. This Policy should be read in conjunction with our Terms of Use.

Changes to our Privacy Policy Nutricia may amend this Privacy Policy from time to time. Should any changes occur to our Policy, the changes will be posted on our Site and be available on request.

1. General information for members

We will collect your name, surname, address, e-mail, birth date, gender, occupation and personal interests when you register for membership. Your personal information disclosure is important because it is utilised to present goods and services that may suit your needs and interests. Once you finish the registration process, you will qualify for all privileges as a member. Should your private information be stolen, hacked, lost or damaged due to accident or by any means, the company reserves the right to refuse any responsibility for any damages incurred.

2. Cookies

Cookies are a small data file that will be collected in your web browser in order to track visiting information. So when you visit our website in the future, the server may immediately recognise that you had been to the website before.

Cookies are not a program that will destroy any files in the computer, but it is only used to track visiting information such as which pages users visit, at which pages users usually start and stop, and how frequently users visit the website, etc. We do not use cookies to track the identity of the actual user, so that cookies will only tell if a certain computer has visited our website in the past.

Cookies will not collect personal information such as names or e-mail addresses. Nevertheless, if you do not wish to have cookies in your computer, you may configure your web browser to reject cookies.

Benefits of cookies:

(1). To collect visitor information and information of individual members, and to customise products, goods and services best suited to individual needs. These cookies will start collecting information after a member logs in and enters a password, and will stop collecting information when the member exits the website or logs out.

(2). To evaluate the number of visitors. Different browsers will have different uses for cookies that can distinguish visitors as members or non-members. This information is useful for presenting advertisements that best suit a target audience, evaluating user interests, and the user's internet usage pattern.

(3). To check usage frequency or visiting pattern. These tracking cookies help us to understand the user's character and habits. Moreover, it will help us improve our services, contents, advertising patterns, as well as promotional activities offered on the website to best suit individual needs.

3. Member's information usage

The main objectives in collecting member's information is to offer those services that best suit individual members as they visit and use services from our website at no cost. We may occasionally send you an e-mail to inform you about news, activities and services. If you are not interested or do not wish to receive news and information, you can always change your personal settings at any time.

4. Keeping member's private information

In case the company requires additional personal information, the company will collect and keep this data confidential. In some cases when the company needs to disclose your private information to a third party, the company will notify you of such disclosure in advance. The member always has the right to approve or disapprove such disclosures, or even to refuse to receive those services as they wish.

Certain promotional or marketing campaign activities that occur in www.Kariclub.com may be sponsored by another company, trade partner or business alliance. All or part of a member's information collected from such activities may be presented to the sponsored company, in which case the members will be notified before any disclosure. In this event, the member reserves the right not to participate in these activities. Please note: In case you visit other websites that have links to www.Kariclub.co.nz or www.Kariclub.com they also may collect your personal information. In those cases, any such collected information is not part of the company's private policy.

5. Information disclosure to public

Normally, we will not disclose a member's personal information to others unless you give permission or in the following circumstances.

5.1 Information for trade partner and/or business alliance as well as business sponsor. The company may disclose personal information to business alliances and business sponsors. The company will inform you in advance of this intention before the disclosure or transfer of your membership information. Details of information disclosure can be viewed in the service conditions or usage terms.

5.2 In some promotional campaigns, the campaign sponsor may ask for additional information.

For this information, the company reserves the right to disclose your personal information to the sponsor to enable us to respond to your future needs effectively. We will inform you of such a release prior to disclosure, passing on, or transfer.

5.3 In some cases you may be offered information or special news from a third party.

Once you accept to receive such information, your name and e-mail address will be disclosed.

5.4 The company may disclose information in following special cases. When the company deems that the information disclosure will affect classification, contact, and legal action against persons who violate the company's service conditions or cause any impact or damage to the company's clients by interfering or violating any rights or property, whether intentionally or not. Moreover, the company may disclose information if requested by authorities under applicable laws, or for other purposes the company deems necessary in order to maintain and improve its service, or for the development and expansion of the company's goods and services.

6. Choices of members in information collection, usage and disclosure

If you indicate that you want to receive information about the company's products and services, we will send you an e-mail about the products and services in which you indicate any interests.

If you do not wish to receive any news or information from the company, please indicate in your personal setting that you do not wish to receive any particular information. In addition, you may utilise your username and password to amend and/or change information for certain promotional program. We may ask for your e-mail address in order to update your information. Therefore, you may receive automatic e-mails concerning promotional campaigns if you indicate your interest on registration.

Moreover, a member can change and/or amend cookies personally by changing his/her browser preferences to best suit these personal preferences. You have the right to receive all cookies or refuse any cookies. In case you refuse all cookies, you may not be able to use certain information that requires specific registration.

The company does not have a policy to sell or lease personal information to outsiders, unless this occurs beyond the company's control, in which circumstance the company will inform you of the disclosure to another party prior to the disclosure, and in which case you have the right to refuse the request if you do not wish to disclose personal information. You can choose not to use those services or to participate in any promotional or marketing activities.

7. Information amendment and deletion

Members can amend, update, and adjust personal information by personally by using their username and password anytime they wish.

If you forget your login name and password, you may go to the main page or member registration page and click on “Forget Password.” The program will bring you to the Forget Password page. You will need to type in the e-mail address used in registration, and the program will send your login name and password to your registered e-mail address automatically.

8. Caution about information lost, used inappropriately and information amendment.

All members must have a private password to access their personal information, so that only that member can access his/her personal data. You may amend, update, and adjust your personal information by using your own login name and password. The company strongly suggests that you keep login name and password secret. The company will not ask for your password, via telephone or e-mail. If you share a computer with others, please log out every time you no longer use our services or close browser when finished in order to prevent others from using your information. It is understood that sending information over the internet is not 100% secured. Therefore, in this regard, the company cannot guarantee the security of any information transmitted over the internet in any case, whether on data inflow to the company or outflow from the company back to you. However, the company will do its best to secure all information flow over the internet.

9. Other issues

Be careful when disclosing personal information while you are online such as when you are using message board, chat room and e-mail. This information may be collected and used by another party. Therefore, you must keep your personal information and password secret.

Disclaimer

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:

i. 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.

ii. 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, its employees or its agents.

iii. 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.

iv. 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. v. 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.

3. Any content or information provided on or via this Site or our advisory services is intended, and should be used, for general information purposes only and must not be used as a substitute for specific advice 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.

LiveChat

1. At the time of your 'chat' you may request a transcript of the conversation by pressing the printer or envelope icon at the top of the chat window.

2. Neither Nutricia nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of advice given during a LiveChat conversation. For all specific medical advice, please consult your own health care professional.

3. Kariclub will keep a transcript of every 'chat' had through LiveChat. This transcript will be kept for 24 months at Kariclub and will be used for training and quality evaluation, and in the event of a consumer complaint in relation to the LiveChat service.

4. All LiveChat conversations are completed over a secure transmission and are confidential between the "caller" and Kariclub, unless express permission is given by the "caller".

5. Furthermore, when you are using LiveChat, please do not transmit any unlawful, threatening, libellous, defamatory, obscene, pornographic or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offence or violate any law.

House Rules

1. We do not control, screen or edit any Content provided by Users that is posted to or from or made available on our Site. However, we reserve the right, but not the obligation, in our sole discretion and for any reason, pre-screen, edit, refuse to accept or remove or move any Content which has been transmitted to, from or via, or posted on, this Site by a User. We will not be liable for doing this.

2. In order that Kariclub can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any New Zealand laws, that you have the right to give Kariclub permission to use it, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 16.

3. You are not permitted to use this Site [or any of our services] for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, or invasive of another’s privacy or objectionable and, in particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other Users. You must ensure that you do not transmit to, from or via or post on this Site any material containing software viruses or other harmful, disruptive or destructive files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything which may disrupt in any way the operation of this Site [and services], nor are you permitted to do anything which would disrupt the use and enjoyment of this Site [and our services] by any other User. Other than as expressly permitted, by us, you are not permitted to use this Site to engage in any commercial activity of any form.

Our Forums

We've established these Forums' rules so that everyone can get the most out of our website. These rules protect all users by making sure any communications are safe and fun for everyone.