Terms & Conditions

Terms and Conditions for use of the Nutricia Care App

  • Thank you for using the Nutricia Care mobile application (referred to as “the App”). This App is an initiative of Nutricia Ireland Limited, a company registered in the Republic of Ireland under company number 106997, whose registered office is at Block 1, Deansgrange Business Park, Deansgrange, Co. Dublin, A94 P9T3. Any reference to “Nutricia”, “we”, “our” or “us” shall mean Nutricia Ireland Limited.

 

  • We provide the content and services available on the App to you subject to these Terms and Conditions. Please read these Terms and Conditions carefully along with our Privacy Statement and our Cookie Policy as together, the Terms and Conditions and these policies govern your access to and use of this App. By accessing, downloading, using and/or browsing the App, you agree to be legally bound by the following Terms and Conditions, which shall take effect upon first use of the App. If you do not agree with these Terms and Conditions, you must immediately cease using this App.

 

  • These Terms and Conditions apply to registered Nursing Home healthcare professionals’ access to and use of the App. Any reference to “you” or “your” shall mean the user using the App whether that be a Nursing Home healthcare professional, Nursing Home resident or third parties accessing the App through or on behalf of these aforementioned entities.

 

  • Nutricia reserves the right to amend or change these Terms and Conditions at any time by updating the App. Please review these terms regularly to ensure you are aware of any changes made by Nutricia. Your continued use of the App after changes are made means you agree to be legally bound by these terms as updated and/or amended.

1. The Service

Nutricia shall, subject to the provisions of the Terms and Conditions provide you, the registered Nursing Home, with the following services (“the Service”).

The Service is a fully hosted web application accessible via the internet at nutriciacareapp.nutricia.ie. It provides an online practice management and video consultation system to registered Nursing Homes.

The Service is provided by, set up, managed and maintained by us and our appointed hosting partners.

Periodically, we may make changes, add functionality, issue Maintenance Releases or introduce new features to the Service. These changes are made expressly at our discretion. We will endeavour to make the Service available 24 hours a day, seven days a week. However, you acknowledge and agree that the Service may occasionally be unavailable during periods of planned or unscheduled maintenance. We may perform unscheduled maintenance at any time but will do this outside of normal business hours where possible.

We reserve the right to alter, suspend or terminate the App temporarily or permanently at any time or to deny access to App without notice and for any reason.

The Service is made available to you for internal business purposes only, and such use must comply with all applicable laws, rules and regulations, including without limitation privacy laws, and must not infringe or violate third party rights.

Access to the App must be limited to Nursing Home commercial devices (i.e. non personal devices) only.

Access to the App is by invitation only and is available only via an individual secure ID code and a secure password issued for each Nursing Home. The Nursing Home is entirely responsible for maintaining the confidentiality of its passwords and accounts, and for any and all activities that occur under the Nursing Home accounts or passwords.

The Nursing Home agrees to immediately notify Nutricia of any unauthorised use of its accounts or passwords on the App, or any other breaches of security related to the App.

Any unauthorised use of the Service is a violation of this Agreement and may breach Irish law. Such violations may subject you or your staff to civil and criminal penalties.

2. Use of App and Content

A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on and through the App. Any content, information or advice provided on or via this App or our advisory services is intended, and should be used for your information, education and communication.

The App and its Content are designed to comply with Irish laws and regulations and are intended for the use by Irish Nursing Home healthcare professionals only. Nutricia makes no representation that any information contained in this App is relevant or appropriate to other geographical locations.

You may browse, print and copy Content provided on this App within your role as a health care professional. You may not, however, adapt, reproduce, distribute, link, store, transmit, print or publish any of the Content on this App for any purposes outside your role as a healthcare professional without first obtaining our express written permission.

We reserve the right to change, modify, substitute or remove without notice any Content on the App from time to time.

You agree to use the App only for lawful purposes and in a way that does not harm the interests or infringe the rights of Nutricia or any other third party or user.

You may not use this App:

(a) for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy or otherwise objectionable; or

(b) in a manner which would harm or disrupt this App, or others enjoyment of it.

If you submit data for display on the App, you are responsible for ensuring that the data is accurate, complete and up-to-date and for updating that data where necessary and ensuring that all necessary appropriate consents and notices are in place.

You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the App is free from viruses and anything else which may have a contaminating or destructive effect on any part of the App or any other technology.

Disclaimer

Information

You shall use the information and data contained in the App at your own risks and under your own responsibility. Nutricia gives no warranties or representations of any kind, whether express or implied (to the extent permitted by law), on the information, data or materials contained in the App, including the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

The information and data contained in the App are provided on an “as is” and “as available” basis. It has not been written to meet specific individual requirements and it is your sole responsibility to satisfy yourself prior to using this information in any way that it is suitable for your purposes.

Access and third party sites

 

We will endeavor to allow uninterrupted access to the App, but Nutricia does not warrant that functions contained in the App will be uninterrupted or error free, that defects will be corrected, or that it is free of viruses or bugs.  Access to the App may be suspended, restricted or terminated at any time.  Whilst we make all reasonable attempts to exclude viruses and other harmful code from the App, Nutricia cannot ensure such exclusion and no liability is accepted for viruses and other harmful code. Thus, you are recommended to take all appropriate safeguards before downloading information from or accessing the App.

The App or Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). We encourage you to read the privacy statement of every website you visit.

3. Limitation of Liability

We use reasonable endeavors to ensure that data on the App is accurate and to correct any errors or omissions as soon as practicable after being notified of them. The material is provided ‘as is’ without any conditions, warranties or terms of any kind. 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 App.  We do not guarantee that the App will be fault free and do not accept liability for any errors or omissions.

Due to the nature of electronic transmission of data over the internet, any liability we may have for any losses or claims arising from an inability to access the App, or from any use of the App or reliance on the data transmitted using the App, is excluded to the fullest extent permissible by law.  In no event shall we be liable for any direct, 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 this agreement or use of the App save where such liability cannot be excluded by law.

In addition, Nutricia does not give any warranty that the App or the server is free from viruses or anything else which may have a harmful effect on any technology.

4. Intellectual Property

The names, images and logos identifying Nutricia or third parties and their products and services are subject to copyright, design rights and trademarks owned by or licensed to Nutricia and/or third parties. All rights are reserved.  Nothing contained in these terms shall be construed as conferring by implication, estoppel or otherwise any license or right to use any trademark, patent, design right or copyright of Nutricia, or any other third party.

Copyrights of the texts, images, the App’s design, and its selection and arrangement, and all software compilations, underlying source code and software (including applets) and other elements appearing on the App are owned by Nutricia, or have been included with the consent of the respective owner. The reproduction of the App content, either in whole or in part, on any electronic support is formally forbidden unless expressly authorized by Nutricia.

The trademarks and/or logos of Nutricia that appear on the App are trademarks registered worldwide and protected by trademark laws. Any reproduction made without the prior and express authorization of Nutricia shall constitute counterfeit and is subject to criminal punishment.  Other product and company names mentioned on the App may be the trademarks or registered trademarks of their respective owners.

Your use of the Trademarks and contents of the App, except as provided in these Terms and Conditions, is strictly prohibited. You are advised that Nutricia will aggressively enforce their intellectual property rights in the App and its contents to the fullest extent of the law, including seeking criminal sanctions.

5. Membership and Security

Access to the App must be limited to Nursing Home commercial devices (i.e. non personal devices) only.

Access to the App is by invitation only. Once you have completed the registration process and your request for access has been approved you will receive an individual secure ID code and a secure password issued by Nutricia.

The Nursing Home is entirely responsible for maintaining the confidentiality of its passwords and accounts, and for any and all activities that occur under the Nursing Home accounts or passwords.

You acknowledge that security of the App may be compromised if you do not follow applicable policies and procedures and take appropriate steps to maintain the security of the App, including, without limitation, maintaining the confidentiality of username and passwords, frequent changing of passwords and maintaining appropriate internal controls to monitor access to and use of the App.

The Nursing Home agrees to immediately notify Nutricia of any unauthorised use of its accounts or passwords on the App, or any other breaches of security related to the App. We reserve the right to require users to amend username and passwords if necessary, for security reasons.

All accounts must be registered with a valid Nursing Home email address that you access regularly so that verification codes and 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.

For security reasons, you will be required to reset your password every 90 days. Failure to do so will result in your access to the App being restricted and you will need to request access again.

If your account is inactive for 90 days, your access to the App will be removed and you will need to request access again.  We reserve the right to close accounts at our sole discretion.

6. Data Protection

We handle your personal information in accordance with applicable data protection legislation including but not limited to GDPR and Data Protection Act 2018. Nutricia’s commitments in relation to the safeguard of your privacy are defined in our Privacy Statement, which forms an integral and indivisible part of these Terms & Conditions.

7. Cookies

When accessing websites via the App you may be asked to accept cookies. Cookies are small data files which are placed on your computer by websites and which collect certain personal information about you. Cookies make it easier for you to log on to and use the site during future visits. They also allow us to monitor website traffic and to personalize the content of the site for you.

We will request your consent to place cookies to gather information about your visits and use of the website to enhance your browsing experience, with the exception of cookies that are used for the sole purpose of carrying out the transmission of communication over the internet or that are strictly necessary to carry out the service requested by you.  You can change your website browser settings to reject all cookies if you so wish, but please note that if you do this it may impair the functionality of this website.  For further information on our cookie policy, please click here.

Cookies will not be used for unsolicited communications.  For further information about cookies, including how to refuse cookies, please visit www.allaboutcookies.org.

8. Law Governing these Terms & Conditions

These Terms and Conditions and any disputes arising under or related to these Terms and Conditions and/or the Privacy Statement of the App shall be governed by and construed in accordance with Irish law.  Any such dispute shall be subject to the exclusive jurisdiction of the Irish courts, to which both parties submit.

9. General

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.

Nutricia may terminate your access to the App and the services if you use the App in a way that is not permitted and/or contrary to these Terms and Conditions.

All disclaimers, indemnities and exclusions in these terms and conditions shall survive termination of the agreement between us for any reason.

10. How to Contact Us

Please use the appropriate contact details (email, phone or mail) as shown here if you wish to exercise any of your rights or if you have any other questions relating to our use of your information.

Email: NutriciaCare@nutricia.com

Phone: 1800 923 404

Mail: Block 1, Deansgrange Business Park, Deansgrange, Co. Dublin, A94 P9T3, Ireland

11. Changes to our Terms and Conditions

Nutricia may at any time change these Terms and Conditions and you should therefore periodically visit this page to review the then current terms to which you are bound. Your continued use of this App will be deemed as irrevocable acceptance of any revisions to the Terms and Conditions.

This document was last updated on 25 November 2020.