Benzac Website Terms and Conditions
Thank you for visiting this website. Please read the Terms and Conditions contained in this document carefully since any use of this website constitutes your acceptance of the Terms and Conditions set out herein.
Throughout this site, the terms "we", "us", "our" "Nestlé" and "Nestlé Group" refer to the Nestlé S.A., Nestlé Skin Health S.A., Galderma Australia Pty Ltd and any of their affiliated companies as appropriate in the context. “You” refers to any person accessing and/or using this website.
1. Site Information
This Website is intended for and directed to residents of Australia. This Website is not intended for anyone under the age of 14.
This website is designed for educational and informational purposes only. This information is not intended as a substitute for informed medical advice or recommendations from healthcare professionals. You should not use this information to diagnose or treat a health problem or disease without consulting with a qualified healthcare provider.
Nestlé Skin Health does not endorse or attest to the validity or accuracy of any treatments, medications or non-Nestlé Skin Health products described, mentioned or discussed in any of the services, databases or pages accessible within or from this website or any other Nestlé Skin Health service or publication. Furthermore, Nestlé Skin Health makes no representations concerning the efficacy, appropriateness or suitability of any such products or treatments. Before acting on any information contained on the Web pages, you agree that you will consult your healthcare provider to determine whether the information you are relying on is appropriate for your medical conditions. Nestlé Skin Health is not engaged in rendering medical advice or services.
The information on this website includes product reviews which may detail the author's experience of using a Nestlé Skin Health product. Refer to Product Review Terms and Conditions
In view of the possibility of human error or advances in medical knowledge, neither Nestlé Skin Health, its sponsors, its staff nor other parties involved in providing the services, databases or pages accessible within or from this website or any other service or publication of Nestlé Skin Health, warrant that the information contained therein is in every respect accurate or complete and they are not responsible or liable for any errors or omissions that may be found in such information or for the results obtained from the use of such information. You are encouraged to consult other sources and confirm the information contained in any of these services, databases or pages accessible within or from this website or any other service or publication of Nestlé Skin Health.
2. Website Privacy Notice
Any personal information or material sent to this website are subject to the terms and conditions set out in the Privacy Notice located on this website.
3. Accuracy, completeness and timeliness of information
Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on this website, we are not responsible if the information that we make available on this website is not accurate or complete. Any reliance upon the material on this website shall be at your own risk. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.
4. Intellectual Property Rights
The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this website belong to Société des Products Nestlé S.A. or its affiliate part of the Nestlé Group or its licensors. Nothing contained on this website should be construed as granting any license or right to use any Trademark displayed on this website. Your use/misuse of the Trademarks displayed on this website, or on any other content on this website, except as provided for in these Terms and Conditions or the Copyright Act 1968, is strictly prohibited. You are also advised that the Nestlé Group will vigorously enforce its intellectual property rights to the fullest extent of the law.
5. Links to other websites
Links on the Nestlé Group websites may take you outside the Nestlé Group network and systems and the Nestlé Group accepts no responsibility for the content, accuracy or function of these other third party websites or social media platforms. The links are provided in good faith and the Nestlé Group cannot be held responsible for any subsequent change in other third party websites to which we provide a link. In particular, the content of linked social media platforms is expected to change rapidly and will not be monitored by the Nestlé Group. The inclusion of any link to other websites or social media platform does not imply endorsement by the Nestlé Group. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.
6. Warranties and Disclaimers
Your use of this website is at your own and exclusive risk.
This website is provided to you on an "As Is" and "As Available" basis and, consequently, other than warranties and rights under statutory consumer protection laws, including the Australian Consumer Law in Schedule 2 of the Competition and Consumer Act 2010, the Nestlé Group gives no warranties of any kind, whether express, implied (other than statutory warranties that cannot be excluded) or otherwise including warranties or representations that material on this website will be complete, accurate, reliable, timely, non-infringing to third parties, that access to this website will be un-interrupted or error-free or free from viruses, that this website will be secure, that any advice or opinion obtained from the Nestlé Group through this website is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed.
We reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.
The Nestlé Group and/or any other party involved in the creating, producing or delivering this website on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this website or arising from any other website you access through a link from this website or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.
The Nestlé Group and/or any other party involved in the creating, producing or delivering this website shall have no responsibility to maintain the material and services made available on this website or to supply any corrections, updates, or releases in connection therewith. Any material on this website is subject to change without notice.
Further, the Nestlé Group shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this website. If you choose to download material from this website you do so at your own risk.
To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé Group, its officers, directors, employees, suppliers and programmers that may arise from your use or access of this website.
You are prohibited from doing any act in relation to the website that the Nestlé Group reasonably deems to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this website including but not limited to:
- Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;
- Using this website to defame or libel the Nestlé Group, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Nestlé Group;
- Uploading files that contain viruses that may cause damage to the property of the Nestlé Group or the property of other individuals;
- Posting or transmitting to this website any non-authorised material including but not limited to material that is in our opinion likely to cause annoyance, detrimental to or in violation of Nestlé Group or third party´s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful; and
- Posting any product reviews that are false, inaccurate or misleading or other breaches of the terms under which a review can be left on this website.
7. Jurisdiction and governing law
The Nestlé Group makes no representations that the material and information on this website are appropriate or available in all national locations or languages.
You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of this website shall be governed by the laws of New South Wales, Australia and be submitted to the exclusive jurisdiction of the courts of New South Wales.
8. Legal notice update
We reserve the right to make any changes and corrections to this notice. Please refer to this page from time to time to review these and new additional information.
If any provision in these terms and conditions is invalid under any law the provision will be limited, narrowed, construed or altered as to render it valid, but only to the extent necessary to achieve such validity. If necessary, the invalid provision will be deleted from these terms and conditions and the remaining provisions will remain in full force and effect.
LEAVE A REVIEW T&CS
By submitting any content to Nestlé, you guarantee that:
- The content is original and you are the sole author and owner of the intellectual property rights in the content;
- All "moral rights" that you may have in such content have been voluntarily waived by you;
- All content that you post is accurate;
- You are at least 14 years old;
- You are a genuine user of the product the subject of your review
You further agree that you may not submit any content:
- That is known by you to be false, inaccurate or misleading;
- That includes comments about, promotes or endorses an off-label use or use outside of the product's intended purpose;
- Which makes reference to serious health conditions or diseases;
- That infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- That violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising);
- That is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation;
- For which you were compensated or granted any consideration by any unapproved third party;
- That includes any information that references other businesses, websites, addresses, email addresses, contact information or phone numbers;
- That contains any computer viruses, worms or other potentially damaging computer programs or files.
- That references businesses or individuals involved in the retail supply of the product.
- That is a duplicate of a previous review posted by you (whether or not you provided a different email address for each review)
We ask that you do not endorse our product if you are:
- An employee of a government authority or healthcare facility;
- A health professional or medical researcher; or
- Involved with the production, sale, supply or marketing of Benzac, or an immediate family member of someone who is.
You agree that your review may be made public on our website and may reference the "Nickname" you provide. We will not publish your email address. We recommend that you do not use your email address or full name as your nickname".
You agree to indemnify and hold Nestlé (and its officers, directors, agents, subsidiaries, joint ventures, employees and third-party service providers, including but not limited to Bazaarvoice, Inc.), harmless from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown including reasonable attorneys' fees, arising out of a breach of your representations and warranties set forth above, or your violation of any law or the rights of a third party other than to the extent that that such damage is caused by the negligence or breach by Nestlé .
For any content that you submit, you grant Nestlé a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from and/or sell and/or distribute such content and/or incorporate such content into any form, medium or technology throughout the world without compensation to you.