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Terms and conditions

TERMS AND CONDITIONS OF USE

These provisions (the "Terms") are the terms and conditions on which the NutriCalculator WebApp solution (the "App") is made available to you (the "User"). Please read these Terms carefully. By registering to use the App / by using the App, you agree to be bound by these Terms. These Terms form a binding contract.  If you do not accept these Terms, please do not access the App and do not use the Services (as defined below).

1. INFORMATION ABOUT US

1.1 The App has been developed on the instructions of Nutricia International B.V.  having its principal office at Taurusavenue 167, 2132 LS, Hoofddorp, The Netherlands , and is intended to be provided by the Nutricia (“Nutricia”), consisting of Danone SA, its affiliates, subsidiaries, and other corporate entities under common ownership. “We”, “Nutricia” and “us” in these Terms refers to Nutricia.

 

2. APP INTENDED FOR RESTRICTED USE ONLY

2.1 Subject to User compliance with these Terms and subject to the conditions set out in these Terms, we grant the User a limited, non-exclusive, non-transferable and revocable right to use the App. 

2.2 The App is a tool aimed at providing healthcare providers with a quick method to best match their patient’s energy and protein needs with some clinical nutrition products available (“Services”).

2.3 Please note the information contained in the App does not contain or constitute medical advice and is solely meant for information purposes. We are not responsible for counselling or monitoring medical treatment and do not provide any medical services, advice, therapies, diagnoses, or treatments.  Use of the App does not give rise to a healthcare professional-patient relationship between us and the User or between us and any third party, such as the User’s patient.

 

3. SECURITY

3.1 We endeavour to ensure that the App is reasonably free from errors and malicious code and will not harm or unduly interfere with the performance of the device on which the App is accessed. However, to the fullest extent permitted by law, we do not accept any liability for any direct or indirect damage caused by viruses or other malicious software or from the content of, or by use of, the App or that of sites linked to the App.

3.2 User must not attempt to probe, scan or test the vulnerability of the App or any related system or network, or breach security of any authentication measures. User must not interfere with, or attempt to interfere with, the access of any user, host or network to the App including by sending a virus, overloading, flooding, spamming, or mail-bombing the App, or plant malware on our computer systems or the systems of its providers. The User must not use the App to impersonate or misrepresent identity with any person or entity.

 

4. PRIVACY

[FIRST PART: USER-RELATED DATA:]

[HYPOTHESIS 1: CREDENTIAL-BASED ACCESS OR OTHER PROCESSING OF PERSONAL DATA OF THE USER:]

4.1 User-related personal data: To the extent that access to and use of the WebApp give rise to the processing of any personal data relating to you, information on how [Danone] processes such personal data can be found in the Privacy Statement available here [LINK].

4.2 Third-party personal data: When using the App, you may be led to submit information relating to another natural person (e.g. a patient of the User). However, the information fields are selected in such a way that it is not possible for us to identify such person on the basis of such information or other information reasonably at our disposal.  

 

5. PROHIBITED USE AND TERMINATION OF RIGHT TO USE

5.1 Use of the App is for User’s own use.

5.2 USER MUST NOT: 

  • in any manner whatsoever, copy, reproduce, republish, post, broadcast, record, edit, commercially exploit, assign, transfer, share, advertise, communicate to the public or distribute the App or any part of it, without prejudice to its right to share with a patient or other person any output intended by the App for communication;
  • use the App in a manner which could damage, disable, overburden or impair this App or interfere with any other party’s use of this App;
  • attempt to disassemble, decompile, create a derivative work of, reverse engineer, modify, the App or its source code;
  • use the App in any other way that would be considered unlawful according to the local laws that apply to the User.

5.3 In the event of non-compliance by the User with any of these Terms, including but not limited to section 5.2 and section 4.4, Nutricia shall be entitled to terminate or restrict the User’s access to the Services with immediate effect, or within fourteen (14) days in the event where such non-compliance is curable and remains uncured within such period.

 

6 INTELLECTUAL PROPERTY

6.1 The texts, images, logos, code and other elements of the App are designed by or on behalf of Nutricia  and are protected by copyright or other intellectual property rights which are and remain the exclusive property of Nutricia 

6.2 Access to the App grants no rights in relation to the intellectual property rights on its content or underlying logic including, without limitation, trademarks, logos, graphics, photographs, animations, videos, text and code of Nutricia or third parties.

 

7. FEEDBACK

7.1 If the User has any complaints, objections or suggestions as to the material or content of the App, or if he/she believes that material or content published on this App infringes the rights or intellectual property that User holds, please contact us immediately at dpo.research@danone.com

7.2 As soon as practicable, we will consider the complaint and contact User to get further details. In a situation where the data or information provided in the notice need to be supplemented, we will ask User to complete the notice before proceeding further. Time of granting additional information prolongs the notice handling period.

 

8. LINKS TO AND FROM THIRD PARTY CONTENTS

The App may provide links to other third party’s contents from time to time. These links are provided for your ease of reference and convenience only. We do not control such third-party contents and are not responsible for their contents and policies, including privacy and personal data policies.

 

9. CHANGES TO THESE TERMS AND CONDITIONS

We are constantly looking for new ways to improve this App. We therefore reserve the right to amend these Terms at any time. All such changes will take effect once they have been posted on the App and the User shall receive a notification for such changes including a copy of the new Terms. If the User continues to use the App, the User is deemed to have accepted the updated Terms. If the User does not intend to accept the updated terms, we recommend discontinue using the App.  

 

10. DISCLAIMER

All content found on this App is not intended to be a substitute for professional medical advice, therapy, diagnosis, or treatment. 

While we have endeavoured to make sure the information contained in this App is accurate, we cannot guarantee the accuracy of such information, and it is provided without warranty or guarantee of any kind. To the maximum extent permitted by law, we expressly disclaim responsibility, and shall have no liability for, any damages, loss, injury or liability whatsoever suffered as a result of reliance by the User or any third person (e.g. a patient of the User) on the information contained in this App. The User undertakes to disclose such disclaimer also to any person to whom it communicates any output of the App.

 

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These Terms were last updated on October 19th, 2022.

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