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Terms of Use - Optifast® VLCD™ website
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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you and Nestlé Australia Ltd are superseded and of no force or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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Technical
Requirements. The Optifast website is available to both
Apple Macintosh® users and Microsoft Windows® users.
In order to use the Optifast website effectively, you will need to
make sure you have the appropriate hardware and software for your
computer. The recommended minimum specifications are:
Operating system: PC Windows2000, XP, Vista; Mac
OS X v10
Web Browser: PC Internet Explorer v6, v7, v8, v9; Mac
Safari v2.0, v3.0, PC/MAC Firefox 3.0
Modem: recommended minimum speed of 56k
Javascript or Flash installed: Flash and Javascript both
used.
Screen resolution: As per Nestlé specifications. A screen
resolution of 1024x768 or greater is preferred
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