The small print!
General terms and conditions
1. This Site is produced by Nutricia Limited for your information, education and communication. In these terms and conditions, “we” and “us” means Nutricia Limited (registered company number 00275552) whose registered address is Newmarket House, Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ, trading and referred to in these terms and conditions as Aptaclub ("Aptaclub"). Please feel free to browse this Site.
2. The Site and its contents are designed to comply with UK laws and regulations and are intended for use by UK residents only. Aptaclub makes no representation that any information contained in this Site is relevant or appropriate to other locations.
3. This Site offers you the option of viewing information about Aptamil infant milks. If you choose to view this information, you are accepting that Aptaclub is supplying this information at your individual request for information and education purposes.
Username and password
4. Aptaclub asks for your email address, first name, surname, postcode, and due date (or baby's birth date) as mandatory details when you sign up to the 'Aptaclub' service on our website. This is to help ensure that we can identify you as an individual. This also allows us to tailor our communications to your needs and means that if you contact us with queries about your registration or subscription details, it makes it possible for us to identify you on our system, answer your query, or amend your details for you. We will only use your email address, telephone number, or mobile (for SMS) to communicate with you if you give us explicit permission to do so either at registration or by subsequently updating your details with one or more of those permissions.
5. Once you have completed the registration process, you will have specified a username (taken to be your email address) 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 will be fully responsible for all activities which occur under your username and password. It is your responsibility to immediately 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 users to amend usernames and passwords if necessary for security reasons. The username and password that you log in with are personal to you and are not transferable.
6. All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else's email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address. We reserve the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple Aptaclub accounts, or if a non-UK user pretends to be a UK user, or disrupts any of our services in any way.
Exclusions of liability
7. Aptaclub will carry out the live chat services provided on our website ("Live Chat") with reasonable skill and care.
8. Aptaclub does not offer specific medical advice on the Live Chat service. For all specific medical advice, please consult your own doctor or health advisor.
9. We use reasonable endeavours to ensure that the data on the Site is accurate and to correct any errors or omissions as soon as is practical after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Site and you should be aware that such information may be inaccurate, incomplete, or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Site. We do not guarantee that the Site will be fault-free and do not accept liability for any errors or omissions.
10. Subject to paragraph 11, if we fail to comply with these terms, we shall not be responsible for any losses that you suffer as a result, except for those losses which we could reasonably foresee would result from the failure to comply with these terms.
11. We shall not be responsible for losses that result from our failure to comply with these terms including, but not limited to, losses that fall into the following categories:
(a) loss of income or revenue;
(b) loss of business;
(c) loss of anticipated savings; or
(d) loss of data.
However, this shall not prevent claims for foreseeable loss of, or damage to, your physical property.
12. Paragraph 11 does not include or limit in any way our liability for:
(a) death or personal injury caused by our negligence; or
(b) fraud or fraudulent misrepresentation; or
(c) losses for which it is prohibited by section 7 of the Consumer Protection Act 1987 to limit liability; or
(d) any other matter for which it would be illegal or unlawful for us to exclude or attempt to exclude our liability.
13. Save as otherwise set out herein, in no event shall our liability (or that of our affiliates, agents, employees or subcontractor) for any claim or damage arising out of or in connection with these terms and conditions exceed £1,000.
Access to the Site and Content
14. We will endeavour to allow uninterrupted access to the Site, but access to the Site may be suspended, restricted or terminated at any time.
15. Owing to the nature of electronic transmission of data over the internet and the number of users who post data to the Site, any liability we may have for any losses or claims arising from an inability to access the Site, or from any use of the Site or reliance on the data transmitted using the Site, is excluded to the fullest extent permissible by law. In no event shall we be liable for any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with use of or access to the Site, save where such liability cannot be excluded by law.
16. We do not give any warranty that the Site is free from viruses or anything else which may have a harmful effect on any technology.
17. The copyright in the material contained on this Site together with the Site design, text and graphics, and their selection and arrangement belongs to Aptaclub. All rights are reserved. Users may download materials for their own personal, non-commercial use, provided all copyright and other proprietary notices are kept intact. The copying, redistribution, re-posting, publication, adaptation or alteration of any part of this Site for any public or commercial purposes is prohibited without written prior permission from Aptaclub. You shall retain ownership of all copyright for data you submit to this Site. When you transmit or post any material to this Site, you grant to us a worldwide exclusive, royalty-free, non-terminable licence under your copyright and other intellectual property rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, display, or distribute that material worldwide via the Site, or in any way without any duty at all to account to you.
18. The trademarks, logos, characters and service marks (collectively “the Trademarks”) displayed on the Site are registered or unregistered trademarks of Aptaclub. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any licence or right in and to the trademarks without the express written permission of Aptaclub. 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 Aptaclub will aggressively enforce their intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.
19. You shall retain ownership of all copyright in data you submit to the Site. You grant us a world-wide exclusive, royalty-free, non-terminable licence to use, copy, distribute, publish and transmit such data in any manner.
Data submitted by others
20. A variety of information, advice, recommendations, messages, comments, posts, text, graphics, software, data, and other materials (“Content”) is available on the Site. Some of the Content is provided by Aptaclub and other Content is provided by persons who use the Site (“Users”), such as photos, User opinions and views provided via posts to discussion forums. Aptaclub strives to keep the Content that we post on the Site accurate, complete, and up-to-date, but we cannot guarantee, and are not responsible for, the accuracy, integrity, quality, completeness, timeliness, or that it will not be objectionable to you, of any Content whether provided by ourselves or by Users. In order to ensure everyone can get the most out of these chat groups, please read and abide by our house rules.
21. We accept no liability for data supplied by any User for display on the Site and the limitations in conditions 7 to 13 above (Exclusions of liability) apply.
22. If you submit data for display on the Site, you are responsible for ensuring that the data is accurate, complete, and up-to-date, and for updating that data where necessary.
23. If you submit data for display on the Site, you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive, or otherwise objectionable or in breach of any applicable laws or rights of third parties.
24. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Site is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Site or any other technology.
25. Aptaclub will keep a transcript of every “chat” made through Live Chat. This transcript will be kept for 24 months at Danone Baby Nutrition (Nutricia Limited) and will be used for training and quality evaluation and in the event of any consumer complaint in relation to the Live Chat service.
26. All Live Chat conversations are completed over a secure transmission and are confidential between the “caller” and Aptaclub unless express permission is given by the “caller”.
27. When you are using Live Chat, do 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.
28. Aptaclub Facebook - prize draw terms & conditions
a) The iCandy prize draw is open to UK residents only
b) Entry to competition is only available via Facebook
c) There will be 1 prize in total consisting of the peach London limited edition complete package, which includes:
- Pushchair & Carrycot
d) One entry per household
e) No purchase necessary
f) Promoter is Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ
g) No employees, their families or agencies of Nutricia Limited are eligible to enter the prize draw
h) Nutricia Limited have the right to withdraw the offer at any time without notice
i) Nutricia Limited reserves the right to supply a cash alternative entirely at its own discretion
j) There will be one winner selected at random
k) The winner will be required to appear in a photo to be used within the iCandy Facebook page and other social channels as agreed mutually between iCandy and the winner
l) Draw closes at 00:00 on 2nd April 2013
m) The winners will be notified by 19th April 2013
n) A list of winners will be available on request from Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ
o) Any personal information submitted for this draw may be used for marketing analysis by Nutricia Limited or its agents
Your personal details will only be passed on to third parties with your explicit permission
29. These terms and conditions shall be governed by and construed in accordance with English law.
30. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.
31. Aptaclub may update these terms and conditions at any time, so please check this page regularly to ensure you are kept up-to-date.
32. If any provision of these terms and conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these terms and conditions shall not be affected.