Terms & Conditions | Weight Loss Health Australia

Terms of Use

Welcome to our Website (“Weight Loss Health Australia”). We hope that you will enjoy your online experience. The terms below govern your use of Weight Loss Health Australia (these “Terms”).

By using Weight Loss Health Australia, you accept and agree to comply with these Terms; if you do not agree, please do not use our Website.

In these Terms: “we”, “us”, “our” and “Nestlé Health Science” mean Nestlé Australia Ltd and its affiliates.

Other terms also apply to your use of Weight Loss Health Australia and they are incorporated herein by this reference. These include terms which will apply to contests, sales promotions and other features which may be made available on our Website from time to time and our Terms of Sale which apply to any purchases on our Website, and which are posted on the footer of our Website. You agree to comply with such terms.

Privacy and Cookies

Our Privacy Notice applies to any personal data shared on Weight Loss Health Australia. Our Cookies Policy applies to the use of cookies and similar technology on our Website. Both policies can be found on the Website.

Your Use of our Website

In order to use Weight Loss Health Australia or submit your content you must be at least 18 years of age (or supervised by your parent or legal guardian).

Your use of Weight Loss Health Australia must be lawful and comply with these Terms.

Your use of Weight Loss Health Australia must not:

a) misuse or infringe any intellectual property rights, or contain anything confidential or proprietary to you or any other person or entity, or that you do not have the right to disclose generally to the public;

b) be unlawful, defamatory (including towards Nestlé), obscene, vulgar, threatening, abusive, racist or xenophobic, promote or incite intolerance, hatred or violence, or otherwise offensive, objectionable or inappropriate;

c) distribute virus, worm or other harmful computer code, test the vulnerability of our Website, lead to security issues, damage, disable or overburden our Website, or otherwise jeopardize, disrupt, overload, harm, impair or interfere with the functioning or integrity of our Website or systems or networks connected to our Website or with any other person’s use of our Website.

You must not nor try to: (a) make mass, automated or systematic extractions from Weight Loss Health Australia or use it within, or to create, another site, service or database, or try to re-sell it or re-distribute it; (b) decompile, reverse engineer, disassemble or otherwise reduce the code used in any software on our Website into a readable form; or (c) use any deep-link, page-scrape, spider robot, crawl, index, Internet agent or other automatic device, program, algorithm or any similar or equivalent methodology to use, access, copy, acquire information, generate impressions, input information, store information, search, generate searches or monitor any portion of Weight Loss Health Australia or Content.

Please note that Nestlé may immediately and without prior notice suspend or terminate your use of our Website if we believe that you have not complied with these Terms.

Intellectual Property

All content on Weight Loss Health Australia, including without limitation, text, photographs, graphics, artwork, trademarks (including Trademarks), brands, logos, videos, sound, music, user interfaces, and code (collectively, “Content”), as well as look-and-feel of the Content, is owned by us or our licensors and is protected by copyright, trademark, patent, trade dress, sui generis/database rights and other intellectual property rights.

The trademarks, logos, characters and service marks displayed on Weight Loss Health Australia or used as a domain name (collectively “Trademarks”) belong to Société des Produits Nestlé S.A which licenses such use to us or are used with permission.

Nothing on Weight Loss Health Australia and these Terms shall be construed as granting any license or right to use any Trademark. You are advised that Nestlé will vigorously enforce its intellectual property rights to the fullest extent of the law.

You may access and reproduce extracts from Weight Loss Health Australia solely for your own private and non-commercial use provided that in all cases you respect the integrity of the Content and you retain (and do not remove) any copyright notice on such Content (e.g. © 2019 Nestlé. All rights reserved.) as well as the trademark notice below:

No part of Weight Loss Health Australia and no Content may be used, copied, reproduced, republished, uploaded, posted, publicly displayed, broadcasted, published, encoded, translated, transmitted or distributed in any way to any other computer, server, website or any other medium for commercial purposes, without Nestlé’s express prior written consent.

All other rights are reserved. Except as expressly provided in these Terms, any use of Weight Loss Health Australia, Trademarks or Content is strictly prohibited. You must obtain our prior permission for any other use of Weight Loss Health Australia or the Content, including any commercial use, which we may grant, withhold or condition at our sole discretion.

Accessibility

Nestlé is committed to making our Website as accessible as possible for all users including those with disabilities. Your browsing experience may improve by altering your software and device settings (e.g. to alter text size) or installing additional assistive technologies. [If you have questions about accessibility please let us know.]

Fitness, Nutrition, & Health Information

The information on Weight Loss Health Australia is intended to impart general fitness, nutrition and health information, and it is not intended for diagnostic or treatment purposes. Nestlé is not engaged in rendering medical advice or services. You should consult your doctor for medical advice or services, including seeking advice prior to undertaking a new diet or exercise program. Advance consultation with your doctor is particularly important if you are under eighteen (18) years old, pregnant, breastfeeding, or have health problems. Never disregard professional medical advice or delay in seeking it because of something you have read on this Site.
Please note a few Nestlé websites are clearly directed to medical professionals and the information contained on these websites is not intended for general audiences.

Links

Weight Loss Health Australia may contain links to third-party websites, social media platforms, mobile apps, and other products and services (such as third party advertising) (“third party platforms”). We have no control over such third party platforms, do not necessarily endorse them and we accept no responsibility for them, including as to their content, accuracy or function. As a result, you must carefully review the legal and privacy notices of such third party platforms, including keeping yourself informed of any changes to them. Your interaction with these linked platforms is at your own risk. Nestlé has no responsibility or liability for such third party platforms and their terms and conditions.

If you operate a third party platform and wish to link to Weight Loss Health Australia, you may include a hyperlink on your own website to the home page of our Website (using the plain text name of our Website); provided that you do so in a manner compliant with these Terms, and you do not: (a) suggest in any way that you are affiliated with or endorsed or sponsored by Nestlé, (b) display the hyperlink or our Website in any way that is disparaging to Nestlé, (c) deep-link to any other page of our Website, or (d) frame our Website or any Content, or otherwise cause our Website or Content to appear in a window with any other material. We may withdraw any linking permission at any time at our sole discretion. You shall not use Nestlé’s name, logo, slogans, trademarks or any other words or codes identifying Nestlé as a hyperlink button, in a metatag or in any manner without Nestlé's express written consent.

Disclaimer

We may change all or any part of Weight Loss Health Australia, including by adding, removing or altering any Content, at any time at our sole discretion. We may give prior notice to you but do not have to do so.
Our Website will not be available at all times. We may modify, suspend or withdraw operation of or access to our Website at any time at our sole discretion whether on a temporary or permanent basis including for maintenance and other technical reasons. We may give prior notice to you but do not have to do so.

Like all software-based services, Weight Loss Health Australia cannot be promised to be free from errors or bugs. We shall have no responsibility to maintain the Content and our Website or to supply any corrections, updates, or releases in connection therewith.

We strongly recommend that you take care to verify the suitability and compatibility of your computer system prior to use of Weight Loss Health Australia, including reasonable precautions to protect yourself against security issues such as through the installation of anti-virus software. If you choose to download or copy material from Weight Loss Health Australia, you do so at your own risk. We assume no liability for any damage or virus which could affect your computer equipment or other property by reason of your access to, use or downloading of any material from our websites or for any illegal intrusion or intervention in our IT systems.
Weight Loss Health Australia is a dynamic environment and inaccuracies and errors may occur from time to time. Any reliance upon materials on Weight Loss Health Australia shall be at your own risk.
Our Website and its Content is delivered to you on an “as is” and “as available” basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express, implied, statutory or otherwise, including but not limited to any warranties of accuracy, merchantability and fitness for a particular purpose, non-infringement, any warranties that Weight Loss Health Australia or Content will be complete, accurate, reliable, timely, error-free, uninterrupted, secure or free from viruses, or that any advice or opinion obtained from Nestlé through our Website is accurate or to be relied upon, and we exclude all conditions, warranties, representations and terms of any kind that may apply to our Website or Content and your use of or reliance on it.

Limitation of liability

Nothing in these Terms excludes or limits our liability in connection with Weight Loss Health Australia and your use of or reliance on it where this is unlawful to do so including for fraud, fraudulent misrepresentation or death or personal injury caused by our negligence. Nothing in these Terms affects your statutory rights as a consumer.
If you are using Weight Loss Health Australia for business purposes, you acknowledge that we are providing it for free and on the basis that, except as set out in the first paragraph above: (a) we exclude all conditions, warranties, representations and terms of any kind that may apply to our Website and your use of or reliance on it to the fullest extent permitted by law, other than those that are expressly set out in these Terms; and (b) we shall have no liability to you for any loss, damage or costs of any kind, howsoever arising (including but not limited to negligence), whether direct or indirect, under or in connection with our Website and your use of or reliance on it.
If you are using Weight Loss Health Australia as a consumer, except as set out in the first paragraph above, we shall have no liability for loss, damage or costs of any kind, howsoever arising (including but not limited to negligence), whether direct or indirect, under or in connection with our Website or the Content and your use of or reliance on our Website or the Content.
Except where prohibited by law, in no event will we be liable to you for any indirect, consequential, exemplary, special, incidental or punitive damages, costs or losses whatsoever, including without limitation lost data, lost profits or business interruption.
To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé, its officers, directors, employees, suppliers and providers that may arise from your use or access of our Website.

Changes to these Terms

We reserve the right to make changes to these Terms at any time at our sole discretion. We may give prior notice to you but do not have to do so. You are responsible for regularly reviewing these Terms. Your continued use of our Website following the posting of changes to these Terms and such terms will mean that you accept and agree to the changes.

Geographic Scope

Weight Loss Health Australia and its products are for users in Australia only and may not be appropriate for use elsewhere. Please contact our local distributor to obtain more information about the products and services in your country. Nestlé makes no representation that the products, services, and content on Weight Loss Health Australia are appropriate or available in locations other than Australia. If you access our Website from another territory, you are responsible for compliance with any applicable laws.

Governing Law, Dispute resolution

You and Nestlé agree that any claim or dispute relating to Weight Loss Health Australia shall be governed by the law of New South Wales, without regard to its conflicts of laws provisions, and subject to the exclusive jurisdiction of the courts of New South Wales, Australia.

General

These Terms constitute the entire agreement between you and Nestlé with regard to your use of Weight Loss Health Australia and Content and supersede any and all other written or oral agreements or understandings previously existing between you and Nestlé with respect to such use. If any of the provisions of these Terms are held by a court to be void or unenforceable, such provisions shall be modified or deleted to the extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect. Any failure or delay by Nestlé in enforcing (in whole or in part) any provision of these Terms will not be interpreted as a waiver of Nestlé’s rights or remedies. These Terms shall not be interpreted or construed to confer any rights or remedies on any third parties.
Copyright ©2019 Société des Produits Nestlé S.A. All rights reserved.
Last updated: August 2024