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 Specialized Nutrition (Malaysia) Sdn. Bhd. (formerly known as Danone Dumex (Malaysia) Sdn Bhd). (“Danone”, which term includes each member of the group of companies of which Danone (Malaysia) Sdn. Bhd. is the parent, subsidiary or affiliate company). In these Terms and Conditions, “we”, “us” and “our” shall refer to Danone. 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.

GENERAL

1. This Site is produced by Danone 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 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 Danone range of formula milks. If you choose to view this information, you are accepting that Danone is supplying this information at your individual request for informational purposes.
4. Once you have completed the registration process, you would have specified a username 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 username and passwords if necessary for security reasons.
5. All accounts must be registered with a valid personal email address that you access regularly so that notification emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without prior 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 Danone accounts, or if a non-Malaysia-based User pretends to be a Malaysia-based User, or disrupts any of our services in any way.
6. Use of this Site is at your own risk. Danone 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 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 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.
7. The copyright to the contents of this Site belongs to Danone. 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. 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.
8. The trademarks, logos, characters and service marks (collectively the 'Trademarks') displayed on this Site whether registered or unregistered or otherwise belongs exclusively to Danone. 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. 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 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.
9. 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 and other Content is provided by Users, such as User opinions and views provided via question or answer posts. Danone 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).
10. Images of people or places displayed on the Site are either the property of, or used with permission by, Danone. 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.
11. 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.
12. The Content presented in this Site or provided by our Careline personnel is provided with the understanding that neither Danone 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.
13. Personal information voluntarily submitted to Danone via the Site, such as interactive registration as well as sample request may be used by Danone in accordance with Danone’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 using personal information in this way and as set out in the Danone’s privacy policy.
14. Danone 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 community. Danone is not responsible for any subsequent actions or events resulting from such personal information being voluntarily revealed by you. Though Danone takes all appropriate and reasonable steps to protect your personal information, Danone cannot ensure that any transmission of your personal data over the internet is 100% secure and Danone 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.
15. This Site may contain links to other third party websites (“Third Party Websites”). Danone 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. Your linking to any Third Party Websites is at your own risk. Danone 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 on this Site. Hyper-linking to this Site, in any manner, is not permitted without Danone's written permission.
16. Danone 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.
17. Danone 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 may make improvements and/or changes in the product(s) described herein at any time and from time to time.
18. Danone 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.
19. Danone 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.
20. 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.

LIVE CHAT & CARELINE

1. At the time of your 'chat' you may request a transcript of the conversation by pressing the printer or envelope icon at the top of the chat window.
2. Neither Danone nor any of its affiliates shall be liable for any direct, incidental, consequential, indirect or punitive damages arising out of advice given during a LiveChat conversation or community sharing. For all specific medical advice, please consult your own doctor or health advisor.
3. Danone will keep a transcript of every 'chat' had through LiveChat. This transcript will be kept for 24 months by Danone and will be used for training and quality evaluation, and in the event of a consumer complaint in relation to the LiveChat service.
4. All LiveChat conversations are completed over a secure transmission and are confidential between the "caller" and Danone, unless express permission is given by the "caller".
5. Furthermore, when you are using LiveChat, 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.

STARTER KIT

1. Danone may provide a free starter kit for some of its products from time to time through the Site.
2. Free starter kits 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 starter kit. Danone reserves the right to verify the information provided by the requester and request for proof of identity from the requester.
5. The free starter kit consists of one of the following Danone’s products, i.e., Mamil Learning Step 3(1-3 years), Mamil Active Step 4 (4-6 years) or Mamil Mama (Pregnant and Lactating Women). Danone reserves the right to replace, add, remove or substitute any free starter kit at any time and from time to time without prior notice.
6. Only one (1) starter kit permitted per household.
7. The requested free starter kit will be delivered to the requester within 4 weeks after Danone receives a complete submission form from the requester. Danone reserves the right to disqualify incomplete submissions from the requester.
8. Danone shall not be obliged to replace any defective, lost, damaged and/or stolen free starter kit, 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 starter kit 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 (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 starter kit offer.
11. Danone 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 reserves the right to amend, add or delete any of these terms and conditions in connection with the free sample kit 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.

EXPECTED CODE OF CONDUCT

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

1. Please keep all contributions civil and tasteful.
2. No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
3. 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.
4. If you use multiple logins for the purpose of disrupting the community or Site or annoy other Users you may have action taken against your accounts.
5. Be patient: Users of all ages and abilities may be taking part.
6. When voicing an opinion please be sensitive to the circumstances of other people who may be online.
7. 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.
8. 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 does not accept responsibility for the content of such recommendations.
9. 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.
10. No impersonation.
11. No inappropriate user names (e.g. vulgar, offensive etc).
12. The Mamil Mama Club Community moderator may from time to time post messages, intervene or edit or delete any messages.
13. We welcome feedback, both positive and negative, but please make sure your comments are in line with our Mamil Mama Club 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.
14. To help make sure that you get the right information, our own team of advisors will occasionally join in on Mamil Mama Club Community discussions.
15. Please note: Our Mamil Mama Club Community may include comments and discussions by members about infant milks and bottle-feeding. Any comments and opinions expressed from individuals or by Users using this Site and are in no way connected to Danone.
16. 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.
17. Think twice when giving out any personal information. This includes your name, address, telephone number, mobile number, private email address, picture etc.
18. 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.
19. If you fail to abide by these Mamil Mama Club 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 Mamil Mama Club 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 Mamil Mama Club Community areas.

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

CONTACT US

1. If there are any questions regarding these Terms and Conditions, please contact us at 1800 38 1038.