Terms and conditions

Please read these terms and conditions of use (“Terms and Conditions”) carefully as it is a legally binding agreement between the persons who use the Site (“the Users” including yourself as a “User”) and Danone Dumex (Malaysia) Sdn. Bhd. (“Danone Dumex”, which term includes each member of the group of companies of which Danone Dumex (Malaysia) Sdn. Bhd. is the parent, subsidiary or affiliate company). In these Terms and Conditions, “we”, “us” and “our” shall refer to Danone Dumex. If you proceed to access and use this website (“Site”), you are agreeing to all of the Terms and Conditions, including our Expected Code of Conduct (as set out below) and privacy policy which forms part of the Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, you should not access or view this Site.

1.     This Site is produced by Danone Dumex for your information and communication. Please feel free to browse this Site.

2.     The Site and its contents are designed to comply with Malaysia laws and regulations and are intended for use by Malaysia residents only. Danone Dumex 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 AptaGro range of products, product availability, Resilience parenting, product sample request and other relevant brand services. If you choose to view this information, you are accepting that Danone Dumex is supplying this information at your individual request for informational purposes.

4.     Use of this Site is at your own risk. Danone Dumex and/or its affiliated companies make no representations about the suitability, accuracy, reliability, completeness of the information and materials contained in this Site for any purpose and will not be liable for any errors, omissions contained in the Contents or any other information available, directly or indirectly, on this Site. Neither Danone Dumex nor any other party involved in creating, producing or delivering the Site is liable for any direct, incidental, consequential, indirect or punitive damages or losses, whether in an action of contract, negligence or other tortious action, arising out of your access to, or use of, the Site and its Content including any Third Party Websites (as defined below) and links. This includes damages to, or viruses that may infect your computer equipment and/or electronic devices. You agree to indemnify, defend and hold Danone Dumex harmless from and against any claims, including but not limited to, defamation, privacy and intellectual property infringement. Without limiting the foregoing, everything on the Site is provided to you 'as is' and without warranties of any kind either expressed or implied or otherwise to the fullest extent permitted by applicable law, including warranties of merchantability and fitness for a particular purpose, or non-infringement.

5.     The copyright to the contents of this Site belongs to Danone Dumex. 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 Danone Dumex. When you transmit or post any material to or on this Site, you grant to us a non-exclusive, world-wide, perpetual, fully sub-licensable royalty free license under your copyright and other intellectual property rights to use, reproduce, modify, adapt, publish, translate, create derivative works from or display or distribute that material worldwide via the Site, or in any way without any duty at all to account to you. You acknowledge that you are responsible for any material posted on the Site. This means that you (and not we) have full responsibility for the material submitted, including its legality, reliability, appropriateness, and ensuring that it does not breach anyone's intellectual property rights or is used in breach of confidence.

6.     The trademarks, logos, characters and service marks (collectively the 'Trademarks') displayed on this Site whether registered or unregistered or otherwise belongs exclusively to Danone Dumex. Nothing contained in this Site should be construed as granting, by implication, estoppel or otherwise, any license or right in and to the Trademarks without the express written permission of Danone Dumex. 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 Danone Dumex will aggressively enforce their intellectual property rights in its Trademarks, the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.

7.     A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, samples and other materials (collectively “Content”) is available on and through this Site. Some of the Content is provided by Danone Dumex and other Content is provided by Users, such as User opinions and views provided via question or answer posts. Danone Dumex strives to keep the Content that we post and make available 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 other Users. In order to ensure everyone can get the most out of this Site, please read and abide by our Expected Code of Conduct (as set out below).

8.  Images of people or places displayed on the Site are either the property of, or used with permission by, Danone Dumex. The use of these images by you is prohibited unless specifically permitted by these Terms and Conditions or by specific permission elsewhere on the Site. Unauthorised use of images may violate copyright, trademark and/or publicity laws as well as communications regulations and statutes.

9.  If you wish to bring to our attention any unlawful activity associated with any Content posted by another User or otherwise available on this Site and you would like to file a complaint with us, please use the ‘report abuse’ link found on any page which contains the Content supplied by Users.

10.  The Content presented in this Site or provided by our Careline personnel is provided with the understanding that neither Danone Dumex nor its Users are engaged in rendering medical, counselling, legal or other professional services or advice. The Content in this Site or provided by our Careline personnel is available for informational purposes and it is not intended as medical or healthcare advice nor is it intended as a substitute for professional advice relative to a specific condition or questions you may have regarding a medical condition or legal problem. Always seek the advice of your general practitioner, pediatrician or other qualified healthcare professional regarding any medical condition before starting any new treatment.

11.  Personal information voluntarily submitted to Danone Dumex via the Site, such as interactive registration as well as sample request may be used by Danone Dumex in accordance with Danone Dumex’s privacy policy (available here: Privacy Policy). It may also be used internally to assess the function of our Site and the needs of our customers. By providing such information, you expressly consent to Danone Dumex using personal information in this way and as set out in the Danone Dumex’s privacy policy.

12.  Danone Dumex advises that you never reveal any personal information about yourself or anyone else (for example: telephone number, postal address, home address or email address, or any other details that would allow you to be personally identified), in any Danone Dumex community. Danone Dumex is not responsible for any subsequent actions or events resulting from such personal information being voluntarily revealed by you. Though Danone Dumex takes all appropriate and reasonable steps to protect your personal information, Danone Dumex cannot ensure that any transmission of your personal data over the internet is 100% secure and Danone Dumex reserves the right to refuse any responsibility for any damages incurred should your personal information be stolen, hacked, lost or damage due to accident or by any other means.

13.  This Site may contain links to other third party websites (“Third Party Websites”). Danone Dumex is not responsible for the content or reliability of any Third Party Website or for on-going review of other Third Party Websites. The inclusion of any link to such Third Party Websites does not imply endorsement by Danone Dumex. Your linking to any Third Party Websites is at your own risk. Danone Dumex encourages you to be aware when you leave our Site and to read the terms and conditions of these Third Party Websites. These Terms and Conditions apply solely to information collected by Danone Dumex on this Site. Hyper-linking to this Site, in any manner, is not permitted without Danone Dumex's written permission.

14.  Danone Dumex does not represent or warrant that this Site, or any Third Party Websites to which ours is linked, will be accessible or available on a timely basis, or that access to the same will be uninterrupted or error free.

15.  Danone Dumex reserves the right to alter or delete material from the Site at any time without prior notice. The information published on this Site could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Danone Dumex may make improvements and/or changes in the product(s) described herein at any time and from time to time.

16.  Danone Dumex may, at any time, revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should, therefore, periodically visit this page to review the current Terms and Conditions.

17.  Danone Dumex reserves all rights to deny or restrict access to this Site to any particular person, or to block access from a particular Internet address to this Site, at any time, without ascribing any reasons whatsoever.

18.  These Terms and Conditions shall be governed and construed in accordance with the laws of Malaysia and any dispute shall be submitted to the exclusive jurisdiction of the Courts in Malaysia.

 

1.     Neither Danone Dumex nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of advice given during a Facebook Messenger conversation or community sharing. For all specific medical advice, please consult your own doctor or health advisor.

2.     All conversations are completed over a secure transmission and are confidential between the "caller" and Danone Dumex, unless express permission is given by the "caller".

3.     Please 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 during your conversation with us either by way of calling or via Facebook Messenger.

1.     Danone Dumex may provide a free Growing Up Milk sample for some of its products from time to time through the Site.

2.     Free Growing Up Milk samples are for Malaysian citizens with a valid address in Malaysia only.

3.     No purchase is required.

4.     Requesters are required to provide the information as requested in the submission forms and agree to the terms and conditions to be eligible for a free Growing Up Milk sample. Danone Dumex reserves the right to verify the information provided by the requester and request for proof of identity from the requester.

5.     The free Growing Up Milk sample consists of one of the following Danone Dumex’s products, i.e. AptaGro Step 3 120g. Danone Dumex reserves the right to replace, add, remove or substitute any free Growing Up Milk sample at any time and from time to time without prior notice.

6.     Only one (1) Growing Up Milk sample permitted per household.

7.     The requested free Growing Up Milk sample will be delivered to the requester within 4 weeks after Danone Dumex receives a complete submission form from the requester. Danone Dumex reserves the right to disqualify incomplete submissions from the requester.

8.     Danone Dumex shall not be obliged to replace any defective, lost, damaged and/or stolen free Growing Up Milk samples, where such defect, loss, damage or theft arises from the course of delivery and/or due to the negligence or fault of requester. Any replacement free Growing Up Milk sample is subject to stock availability.

9.     Each requester shall assume full liability and responsibility in case of any injury, accidents or claims resulting from their participation in this offer.

10.  Each requester agrees to hold harmless, defend and fully indemnify Danone Dumex (including its affiliates and subsidiaries) from and against all losses, damages, expenses and all third party actions, proceedings, claims, demands, costs and awards arising from participating in any free Growing Up Milk sample offer.

11.  Danone Dumex is not responsible for any error, omission, delay, communication failure and/or any malfunctions whatsoever in relation to any computer systems, telephone lines, servers, online providers, service providers, the internet and/or the Site.

12.  Danone Dumex reserves the right to amend, add or delete any of these terms and conditions in connection with the free Growing Up Milk sample offers at any time at its absolute discretion right without prior notice and may at its absolute discretion cancel, change, revise, terminate and/or suspend any free sample kit offers without prior notice.

1.     We do not control, screen or edit any Content provided by Users that is posted to or from or made available on our Site. However, we reserve the right, but not the obligation to, in our sole discretion and for any reason, pre-screen, edit, refuse to accept or remove or move any Content which has been transmitted to, from, via, or posted on, this Site by a User.

2.     In consideration of Danone Dumex using your contribution on the Site, you warrant that your contribution is your own original work, is not defamatory and does not infringe any Malaysia laws, that you have the right to give Danone Dumex permission to use it without any compensation whatsoever, and that you have the consent of anyone who is identifiable in your contribution or the consent of their parent / guardian if they are under 18.

3.     You are not permitted to use this Site, or any of our services, for any reason or purpose which is unlawful, defamatory, harassing, harmful, abusive, invasive of another’s privacy or generally objectionable under any applicable laws. In particular, you are not permitted to transmit anything which, in our opinion, harms our business or offends other Users. You must ensure that you do not transmit to, from, via or post on this Site any material containing software viruses or other harmful, disruptive or destructive files designed to damage or disrupt the good working order of any computer or telecommunications equipment. You are not permitted to do anything which may disrupt in any way the operation of this Site and services, nor are you permitted to do anything which would disrupt the use and enjoyment of this Site and our services by any other User. Other than as expressly permitted, by us, you are not permitted to use this Site to engage in or conduct commercial activity of any form.

4.     Danone Dumex has established the following  AptaGro Community Rules so that Users can get the most out of our Site. These AptaGro Community Rules are intended to protect all Users by making sure any communications are safe and fun for everyone.

a.     Please keep all contributions civil and tasteful.

b.     No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.

c.     No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexual, racially and religiously offensive or otherwise objectionable material is not acceptable.

d.     Be patient: Users of all ages and abilities may be taking part.

e.      When voicing an opinion please be sensitive to the circumstances of other people who may be online.

f.     This is a Malaysia-based site. Please make your postings are in English or Bahasa Malaysia or Chinese so they are understood by other members and our moderators.

g.     We welcome personal recommendations for products, books, website addresses or other materials that you have found useful in your experience. However, we will take action against submissions that we judge to be advertising, or promoting materials or websites we deem to be inappropriate (vulgar, offensive etc) or in furtherance of commercial purposes. Danone Dumex does not accept responsibility for the content of such recommendations.

h.      Commercial messages and messages from businesses or organisations are not permitted. Our forums are for use by parents and parents-to-be, they are not to be used as a medium for marketing or selling to our Users. Please ensure that any product recommendations provided accurately reflect your personal experience and do not constitute marketing or endorsement for commercial purposes or for which you are receiving a benefit, whether financial or otherwise.

i.      No impersonation.

j.     No inappropriate user names (e.g. vulgar, offensive etc).

j.      The AptaGro Community moderator may from time to time post messages, intervene or edit or delete any messages.

k.   We welcome feedback, both positive and negative, but please make sure your comments are in line with our AptaGro Community Rules. Repeatedly posting personal or offensive comments about members of the public or companies may be considered harassment. We reserve the right to take action against those responsible or to assist such members of the public or companies in taking action against those responsible.

l.     Be careful, remember people online may not be who they say they are. Anyone with access to the Internet can obtain access to our Site.

m.     Think twice when giving out any personal information. This includes your name, address, telephone number, mobile number, private email address, picture etc.

n.      Be cautious when meeting someone you have only been in touch with online. If you would like to meet them, meet them in a public place in daytime. For your own safety tell someone where you will be going and when, or take someone with you at least for your first meeting.

o.     If you fail to abide by these Aptagro Community Rules, you will be sent an e-mail which informs you why your contribution has been removed. This e-mail will also include a warning that continuing to fail to abide to the AptaGro Community Rules may result in action being taken against your account or accounts. This action may include your relevant account or accounts being placed into pre-moderation or a temporary or permanent suspension of your ability to participate in any or all of AptaGro Community areas.

The above AptaGro Community Rules are not exhaustive and we reserve the right to update the above AptaGro Community Rules at any time and from time to time without prior notice.

If there are any questions regarding these Terms and Conditions, please contact us at 1800-88-5088.

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