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Terms and Conditions

Terms and Conditions for use of the website global.neocate.com and its sub domains


Thank you for visiting the website global.neocate.com and/or any of its sub domains (altogether referred as the “Websites”). By using the Websites you agree to be legally bound by the following Terms and Conditions, which shall take effect upon first use of any of the Websites

Neocate® is a product of NUTRICIA ADVANCED MEDICAL NUTRITION (“NUTRICIA”). NUTRICIA reserves to right to amend or change these Terms and Conditions at any time by posting changes online. Please review these terms regularly to ensure you are aware of any changes made by NUTRICIA. Your continued use of the Websites after changes are posted means you agree to be legally bound by these terms as updated and/or amended.

Use of the Websites

You must not copy, reproduce, republish, download, post, broadcast, transmit, make available to the public, or otherwise use the Websites 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 Websites content, except for your own personal, non-commercial use. Any other use of the Websites content requires the prior written permission of NUTRICIA.

You agree to use the Websites 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 Websites, posting or uploading of files that contain viruses that may cause damages to NUTRICIA or any third party or user.

Contributions and Testimonials

Where you are invited to submit any contribution or testimonial to the Websites (including any text, photographs, graphics, video or audio) you agree, by submitting your contribution or testimonial, to grant NUTRICIA a perpetual, royalty-free, non-exclusive, sub-licensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, play, make available to the public, and exercise all copyright and publicity rights with respect to your contribution or testimonial worldwide and/or to incorporate your contribution or testimonial in other works in any media now known or later developed for the full term of any rights that may exist in your contribution, and in accordance with privacy restrictions set out in NUTRICIA Privacy Policy .

Further to the above, by submitting your contribution or testimonial, you warrant that:

  • It is your own original work and that you have the right to make it available to NUTRICIA for all the purposes specified above;
  • 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;
  • It does not infringe any right of third parties;
  • It is not intended for advertising purposes.

 
You shall be solely responsible to Indemnify NUTRICIA against all legal fees, damages and other expenses that may be incurred by NUTRICIA as a result of your breach of the above warranties.
 
Disclaimers

You shall use the information and data contained in the Websites 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 Websites, 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 Websites 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 Websites, you are strongly advised to refer to alternative independent sources of information to substantiate the basis for your decision.

In particular, information and data contained in the Websites 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 Websites in respect of which you have any doubts whatsoever. The content provided by the Websites 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 Websites are not intended to replace the care of your own physician or nutritionist. 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 Websites.

NUTRICIA does not warrant that functions contained the Websites will be uninterrupted or error free, that defects will be corrected, or that it is free of viruses or bugs. Whilst we make all reasonable attempts to exclude viruses and other harmful code from the Websites, 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 this Websites.

NUTRICIA also points towards third party sites on the Websites. 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 Websites.

Limitation of Liability

Under no circumstances will NUTRICIA be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any direct, incidental, indirect, consequential, special or exemplary damages arising from the use of the Websites regardless of the form of action.

Intellectual Property

The names, images and logos identifying NUTRICIA or third parties and their products and services are subject to copyright, design rights and trade marks of NUTRICIA (including but not limited to “Neocate®”) and/or third parties. Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of NUTRICIA, or any other third party.

Copyrights of the texts, images and other elements appearing on the Websites 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 authorized by NUTRICIA.

The reproduction on paper of texts contained in the Websites is authorized for educational purposes, subject to the fulfillment of the following conditions:

  • free diffusion;
  • respect of all the reproduced documents;
  • clear and readable attribution of the source as follows: "this document is originated by NUTRICIA website : http://www.gobal.neocate.com and/or associated sub-domains. All rights deriving therefrom are reserved and strictly limited". The internet address must in all cases appear in such a reference.


For any other use, the express prior consent of NUTRICIA is required.

The trademarks and/or logos of NUTRICIA that appear on the Websites are trademarks registered worldwide and protected by trademark laws. Any reproduction made without the prior and express authorization of NUTRICIA shall constitute counterfeit and is subject to criminal punishment.

Privacy

NUTRICIA commitments in relation to the safeguard of your privacy are defined in our Privacy Policy , which forms an integral and indivisible part of these Terms & Conditions.

Law Governing these Terms & Conditions

These Terms & Conditions and any claim based on use of information from the Websites shall be governed by the laws of the Netherlands and the parties submit to the exclusive jurisdiction of the Courts of Amsterdam, The Netherlands.

Copyrights

All Websites designs, texts, graphics, the selection and arrangement thereof are copyright © 2011 NUTRICIA - ALL RIGHTS RESERVED.