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Terms of Use - Optifast® VLCD™ website

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  1. Acceptance. Your access to and use of this Site is subject to the following terms and conditions and all applicable laws. By accessing and browsing this Site, you accept, without limitation or qualification, these Terms of Use and acknowledge that any other agreements regarding the use of this Site between you and Nestlé Australia Ltd are superseded and of no force or effect.

  2. Medical Information/Conditions. Product information on this web site is provided by Nestlé Australia Ltd and is intended for general information purposes only. The product information is not intended to be a substitute for medical advice and we recommend that Optifast should always be taken under the supervision of an appropriate healthcare professional. SHOULD YOU HAVE A MEDICAL CONDITION, PROMPTLY SEE YOUR OWN MEDICAL DOCTOR OR OTHER HEALTH CARE PROFESSIONAL. WE DO NOT OFFER MEDICAL DIAGNOSIS OR PATIENT-SPECIFIC TREATMENT ADVICE. You should always obtain complete medical information about your use of our products by discussing the appropriate use of our products directly with your healthcare professional.

  3. Use of Information. You may freely browse the Site, but you may only access, download or use information from this Site, including any text, images, audio, and video (the "Information") for your own non-commercial use. You may not distribute, modify, transmit, reuse, repost, or use the Information for commercial purposes, without written permission of Nestlé Australia Ltd. You must retain and reproduce each and every copyright notice or other proprietary rights notice contained in any Information you download. You should assume that everything you see or read on this Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms of Use or in the text on the Site without the written permission of Nestlé Australia Ltd. Nestlé Australia Ltd neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Nestlé Australia Ltd. With the exception of the foregoing limited authorization, no license to or right in the Information, or any copyright of Nestlé Australia Ltd or of any other party is granted or conferred to you.

  4. Trademarks/Proprietary Rights. You should assume that all product names appearing on this Site, whether or not appearing in large print or with the trademark symbol are trademarks of Nestle Nutrition. This Site may also contain or reference patents, proprietary information, technologies, products, processes or other proprietary rights of Nestlé Australia Ltd and/or other parties. No license to or right in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of Nestlé Australia Ltd and/or other parties is granted to or conferred upon you.

  5. Disclaimer of Warranties. While Nestlé Australia Ltd uses reasonable efforts to ensure that the Information is accurate and up to date, the Information may contain technical inaccuracies or typographical errors. Nestlé Australia Ltd reserves the right to make changes, corrections and/or improvements to the Information, and to the products and programs described in such Information, at any time without notice. Nestlé Australia Ltd makes no warranties or representations as to the accuracy of any of the Information. Nestlé Australia Ltd assumes no liability or responsibility for any errors or omissions in the content of the Site . ALL INFORMATION IS PROVIDED "AS IS." Nestle Nutrition PROVIDES NO WARRANTIES ABOUT THE COMPLETENESS OR ACCURACY OF THE INFORMATION ON THIS SITE OR ITS POSSIBLE USES. CONSEQUENTLY, THE INFORMATION SHOULD BE CAREFULLY EVALUATED BY SITE VISITORS. NEITHER Nestlé Australia Ltd, NOR ANY OTHER Nestlé COMPANY, NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE TO YOU SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OF ACCESS TO, USE OF OR INABILITY TO USE THIS SITE, OR ANY ERRORS OR OMISSIONS IN THE CONTENT OF THE SITE. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. Nestlé Australia Ltd also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of the Information. Nestlé Australia Ltd reserves the right to discontinue this Site at any time without notice and without liability.

  6. Information You Supply To Us. Except for information covered by our Privacy Policy, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post becomes the property of Nestlé Australia Ltd or its affiliates and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Nestlé Australia Ltd is free to use, without compensation to you, any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

  7. Links To This Site. Nestlé Australia Ltd has not reviewed any or all of the third-party websites which contain links to this Site and is not responsible for the content of any such off-site pages or any other sites linked to the Site. If you wish to link your website to this Site, you may only link to the home page. You may not link to any other pages within this Site without the prior written consent of Nestlé Australia Ltd. Quotation or use of one or more portions of this Site in the site of any third parties without written consent is likewise prohibited.

  8. Links To Other Sites. Links to third-party sites may be provided for the interest or convenience of visitors to this Site. We will endeavour to inform you when you are leaving this Site that the terms of use and privacy policy of the third-party site may be different. However, Nestlé Australia Ltd accepts no liability for links from us to others, and in particular we are not responsible for the accuracy or legality of the content thereof. We accept no liability deriving from a breach or omission in the privacy policies of third parties.

  9. Postings To This Site. Although Optifast may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Nestlé Australia Ltd is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, privacy disclosure or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Nestlé Australia Ltd will fully cooperate with any law enforcement authorities or court order requesting or directing Nestlé Australia Ltd to disclose the identity of anyone posting any such information or materials.

  10. Consequences. If we become aware that you have violated any of the Terms of Use, we may immediately take corrective action, including preventing the user from using the services offered by Nestlé Australia Ltd and removing any information, data and content put on the Site by the user, at any moment and without notice. If we have been injured by your violation we may, in our sole discretion, seek to recover damages from you.

  11. Revisions. Nestlé Australia Ltd may at any time revise these Terms of Use by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms of Use to which you are bound.

Optifast® VLCDTM is best used under the supervision of a health professional. © 2009 Nestlé Nutrition.