Terms & Conditions

Nutricia provides and maintains www.karimums.com.au ("Site") as a social networking platform primarily for Australian parents and carers, and parents-to-be.

By accessing this Site you accept the Terms of Use governing this Site.

If you do not agree with these Terms of Use, you must immediately cease using this Site.

All content on this Site (including these Terms of Use) is subject to change at any time. Any amendment to these Terms of Use will take effect on the posting of the updated terms on this Site.

1   About our Terms of Use

1.1   The Terms of Use governing this Site consist of:

1. these Terms and Conditions;
2. our Privacy Policy; and
3. our Community Guidelines.

In the event of an inconsistency between the documents listed above, precedence is given to terms contained in the document which is listed first.

1.2   In these Terms and Conditions:

1. "we", "us" or "our" refers to Nutricia Australia Pty Limited 99 076 246 752 (including our employees and agents) and our affiliates and related entities (including their employees and agents);
2. "you" or "your" refers to anybody accessing this Site (whether or not a Member of the Site).

2   Site is intended for use in Australia only

2.1   This Site is intended for the use of Australian residents only and is governed by and complies with the laws and regulations of New South Wales, Australia.

2.2   You agree to submit to the exclusive jurisdiction of the courts of New South Wales in relation to any dispute about or arising under the Terms of Use.

2.3   If you are visiting this Site from outside Australia, we make no representations as to the compliance of our Site with the laws of other jurisdictions.

3   Use of the Site

3.1   Non-members who visit the Site can access and read all content on the Site (including Member Content). They can contact the Karimums careline (including via LiveChat) and are able to report posts they believe to be breaching the Terms of Use. However, non-members cannot post content to this Site.

3.2   You must not use this Site or any of our services:

1. for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy or otherwise objectionable;
2. in a manner which would harm or disrupt this Site or any of our services, or others’ enjoyment of them;
3. to transmit viruses or other things which could damage or disrupt computers or telecommunications equipment;
4. to offend others or harm our business;
5. to engage in any commercial activity of any form.

4   Membership

4.1   Membership of the Site is open to Australian residents only.

4.2   Membership is free but is limited to one account per person.

4.3   To become a Member, you must register by filling out the registration form on this Site, including a valid personal email address that you access regularly in your registration. If you are a Member and we believe you have been using an invalid email address, we may request that you re-validate your account.

4.4   Members of the predecessor to this Site (www.kariclub.com.au) are required to re-activate their membership by re-registering through this Site.

4.5   Once you have completed the registration process, you will have specified a username 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 are responsible for all activities which occur under your username and password. You must 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 you to change your username and password if necessary for security reasons.

4.6   Subject to the Terms of Use and the technical limitations of this Site, Members are also permitted to:

1. contribute and share content with members and non-members;
2. maintain their own profile and privacy settings;
3. keep up-to-date with other Members by linking your profile with other Members.

4.7   We reserve the right to refuse or revoke membership to this Site to anyone at anytime without notice and for any reason. Our right to revoke membership includes the right to close your account and delete or hide all content associated with your membership (including your user profile) without notice, subject to record retention policies as set out in our Privacy Policy

4.8   Without limiting clause 4.7 in any way, Nutricia may close your account without notice if we reasonably believe:

1. it was registered with someone else’s email address or with a temporary email address;
2. it is using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts by the same person;
3. you are not an Australian resident.

5   Member Content

5.1   Most content on this Site (including comments, links, photographs and videos) is generated by members of this Site ("Member Content"). This Site publishes Member Content as uploaded by our members. We do not edit or moderate Member Content before it is posted.

5.2   We do not endorse or adopt any Member Content nor do we make any representations or warranties about its currency, accuracy, completeness, correctness or usefulness, or its appropriateness for you and your circumstances. The Member Content should not be substituted for individual medical advice. You should not use the information contained in this Site to diagnose a health or medical condition or problem, or alter, commence or delay any medical treatment. You should always check with your healthcare professional before relying on any information posted on this site.

5.3   When you transmit, post or share any Member Content to or on this Site:

1. you agree to comply with our Community Guidelines;
2. you grant to us a non-exclusive, worldwide, perpetual, fully sub-licensable royalty free licence to use, reproduce, modify, adapt, publish, translate, create derivative works from or display or distribute that material worldwide via this Site, another Site, or in any way at all, without any duty to account to you. This licence does not expire if you remove the content.

5.4   This Site may feature comments and discussions by Members about infant and follow-on formula products and bottle feeding. Such opinions are not our own and we do not endorse or adopt them. If you are reading or contributing such content, you should know:

1. breast milk is best for babies – professional advice should be followed before using infant and follow-on formula products.
2. introducing partial bottle feeding could negatively affect breastfeeding. Good maternal nutrition is important for breastfeeding and reversing a decision not to breastfeed may be difficult.
3. infant and follow-on formula products should be used as directed. Proper use of infant and follow-on formula products is important to the health of the infant. Social and financial implications should be considered when selecting a method of feeding.

6   Links

6.1   The content on this Site (including Nutricia Content and Member Content) may include links to other websites that are not operated by us. We are not responsible for those websites and their content. We do not endorse any linked websites or the products or services that are provided at those sites. The content on the linked websites may change over time. You should check the terms and policies of the linked websites.

6.2   We invite you to share hyperlinks to our website amongst your friends and contacts for non-commercial purposes (including via other social networking platforms and personal blogs you use). Hyperlinking to this Site is not otherwise permitted without our prior written permission. If we request you to do so, you will remove any hyperlinks you have created to this Site.

7   Removal of Content

7.1   We reserve the right to move, alter or delete the Site, or content on the Site (including Member Content), at any time and for any reason. You should therefore keep a copy of any content you post to the Site that you wish to retain.

7.2   Once you have posted content, you may choose to delete that content at anytime by clicking the trash icon . This will immediately remove your content and all related comments from view.

7.3   If you wish to report your concerns about any content available on this Site, you may do so by:

1. for Member Content: clicking on the icon and ask us to remove the content stating your reasons. This will remove the post and all related comments from view immediately and ask us to keep it permanently removed from view. It is at our discretion whether we then choose to keep the content and comments off the Site or reinstate it on the Site. This decision will be made by our Karimums Community Manager in their capacity to interpret and enforce the Terms of Use;
2. for all other content: file a complaint with us by emailing us through the Contact Us page.

8   Nutricia Content

8.1   Subject to the rights in Member Content owned by the Members who have contributed that content to the Site, the copyright in the contents of this Site belongs to us ("Nutricia Content"). Nutricia Content includes (but is not limited to) comments, articles, photos or videos created and posted by us on this Site, but excluding any content (such as posts, comments, videos and photographs) posted in reply by our Members.

8.2   In relation to the Nutricia Content, while we attempt to ensure information is accurate and current, the information is not reviewed by medical experts and it may not be appropriate for you and your circumstances. The Nutricia Content should not be substituted for individual medical advice. You should not use the information contained in this Site to diagnose a health or medical condition or problem, or alter, commence or delay any medical treatment. You should always check with your healthcare professional before relying on any information posted on this site.

9   Intellectual Property

9.1   The copying, redistribution, re-posting, publication, adaptation or alteration of any part of this Site for any public or commercial purposes without our prior written prior permission is prohibited.

9.2   You may download Nutricia Content for your own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact.

9.3   The trademarks, logos, characters and service marks (collectively the"trademarks") displayed on the Site are our registered or unregistered trademarks. Nothing contained in this Site should be construed as granting any license or right in and to the trademarks without our express written permission. 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 we will aggressively enforce our intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.

9.4   Images of people or places displayed on the Site are either our property or third-party property used under licence. 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.

10   LiveChat

10.1   LiveChat allows you to interact in real time with staff on our Karimums careline ("Careline"). The Careline is staffed on business days between 6:30am and 5pm AEST by a team of mums, which includes a midwife and dietitians who can answer your questions related to pregnancy, labour, birth and early childhood nutrition.

10.2   If you are not a Member of this Site or you are a Member but are not signed in, you must supply your name and email address to use LiveChat. We collect and use this information as set out in our Privacy Policy.

10.3   All LiveChat conversations are completed over a secure transmission and are confidential between us, unless you give your express permission or disclosure is otherwise required by law. Transcripts are kept of every LiveChat conversation in accordance with our Privacy Policy. By using LiveChat, you consent to the recording and storage of the transcript in the manner described in our Privacy Policy.

10.4   You agree that the information provided to you in a LiveChat conversation is only of a general nature and should not be substituted for individual medical advice from a healthcare professional. You should not use the information provided to you in a LiveChat conversation to diagnose a health or medical condition or problem, or alter, commence or delay any medical treatment. You should always check with your healthcare professional before relying on any information provided to you in a LiveChat conversation.

10.5   When using LiveChat, you must 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. You must also use LiveChat in a reasonable manner which does not disrupt our service or prevent others from enjoying the service. We reserve the right to terminate LiveChat sessions which breach these Terms of Use without further notice to you.

11   Product information

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

11.2   Product names, descriptions and labels on this website are of Australian application. You should be aware that some products and brands described on our Site may not be available outside Australia or may be available under different names and in different strengths outside Australia. You should seek further local information in your relevant jurisdiction before purchasing any products described on this site from outside of Australia.

12   Limitations of Liability

12.1   To the maximum extent permitted by law, all express or implied guarantees, warranties, representations and other terms and conditions of any kind relating to this Site or its subject matter not contained in these Terms of Use are expressly excluded.

12.2   Nothing in these Terms of Use excludes, restricts or modifies any right or remedy, or any guarantee, warranty or other term or condition, implied or imposed by any legislation which cannot lawfully be excluded or limited. This may include the Australian Consumer Law which contains guarantees that protect the purchasers of goods and services in certain circumstances.

12.3   Use under the Australian Consumer Law or any other applicable legislation and cannot be excluded (a Non-Excludable Provision), and we are able to limit your remedy for a breach of the Non-Excludable Provision, then our liability for breach of the Non-Excludable Provision is limited to one or more of the following at our option:

1. in the case of goods: the replacement of the goods or the supply of equivalent goods; the repair of such goods; the payment of the cost of replacing the goods or acquiring equivalent goods; or the payment of the cost of having the goods repaired; and
2. in the case of services: the supply of the services again; or the payment of the cost of having services supplied again.

12.4   As stated elsewhere in these Terms of Use, the content of this Site should not be substituted for individual medical advice, you should not use the information contained in this Site to diagnose a health or medical condition or problem, or alter or commence any medical treatment, and you should always check with your healthcare professional before relying on any information posted on this Site. To the maximum extent permitted by law, we will have no liability of any kind to you (whether arising in contract, tort including negligence, statute, equity or on any other basis) in connection with your failure to do so.

12.5   We accept liability to you for claims under or in relation to these Terms of Use for:

1. fraud;
2. misleading or deceptive conduct under the Australia Consumer Law;
3. subject to clause 12.3, our liability under a Non-Excludable Provision;
4. compensatory damages awarded by a court for breaches of:
   1. the Privacy Act 1988 (Cth);
   2. the Spam Act 2003 (Cth); or
   3. Commonwealth, state or territory anti-discrimination legislation; and
5. any other claim for which we cannot (by law) exclude or limit our liability.

12.6   Subject to clauses 12.2, 12.3, 12.4 and 12.5, and to the maximum extent permitted by law, we will have no other liability to you of any kind (whether arising in contract, tort including negligence, statute, equity or on any other basis) in connection with these Terms of Use or their subject matter.

12.7   A party’s liability to the other party is reduced to the extent that the other party’s acts or omissions, or those of a third party, contribute to or cause any such liability.

12.8   While we take steps to keep this site free from viruses and other harmful code, we cannot ensure that this is the case. You must therefore use up-to-date security software at all times to protect your computer from such viruses and other harmful code.

12.9   While we use reasonable commercial efforts to make the Site available, we do not represent or warrant that this Site will be accessible or available on a timely basis, or that access will be uninterrupted or error free.

13   Severability

If any provision (or part of a provision) of these Terms of Use becomes void or unenforceable for any reason, then that provision (or part of a provision) will be severed with the intent that the remainder of these Terms of Use will continue to be in full force and effect.