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Specific limits of Melrose’s site
Whilst Melrose's site offers health, wellness and diet related articles in the "Health Hub", Melrose’s site does not offer any diagnostic advice or service. If you need advice, information or treatment you should consult a qualified medical or health care practitioner and not use this site.
The information contained on Melrose’s site is made available for informational purposes only, and should not be construed as medical or health advice.
Melrose endeavours to provide a convenient, functional and secure web-site. However, Melrose’s website (including the content of Melrose’s website) is provided on an “as is” and “as available” basis and Melrose does not warrant the content will be error free or that the site or the server that operates it are free of viruses or other harmful components.
While Melrose takes all reasonable steps to maintain the accuracy and completeness of the information contained on Melrose’s site, you acknowledge and agree that, to the maximum extent permitted by law, Melrose makes no representation or warranty to you, nor give any guarantee as to the accuracy, adequacy or completeness of the content or information contained on Melrose’s site.
Similarly, to the maximum extent permitted by law, Melrose makes no representation or warranty, nor give any guarantee to you in relation to Melrose’s site or the content accessible via Melrose’s site, including (without limitation):
- as to the reliability, suitability or availability of Melrose’s site or the content accessible on Melrose’s site;
- that access to Melrose’s site and/or to the content accessible on Melrose’s site will be secure, uninterrupted or error-free;
- that errors or defects with Melrose’s site or the content accessible via Melrose’s site will be able to be corrected;
- that Melrose’s site will operate with any other hardware, software, system or data; or
- the accuracy and fairness of the content accessible via Melrose’s site.
If your use of Melrose’s site results in the need for servicing or replacing property, material, equipment or data, to the maximum extent permitted by law, Melrose will not be responsible for such costs.
The information on Melrose’s site is offered on the terms and understanding that, to the maximum extent permitted by law, neither Melrose nor Melrose’s directors and Melrose site’s authors are responsible for the results of any actions taken on the basis of the information or for any error or omission in the information.
2.1 You may be asked to provide Personal Information to Melrose before purchasing any products from this Website, before entering any competition on the Website or before registering an account on this Website. If you do not provide that Personal Information to Melrose, Melrose may not be able to sell you products, enter you into that competition or register you with an account.
2.3 You acknowledge that if you do not register as a member of this Website, parts of this Website designed for registered members may not be accessible to you. 2.4 Melrose will take reasonable steps to maintain the security of any Personal Information that you provide. Melrose’s site has security measures in place to protect the loss, misuse and alteration of the information under Melrose’s control. However, no data transmission over the internet can be completely secure, and Melrose cannot give an absolute assurance that the information you provide to us will be secure at all times.
2.5 Melrose may use techniques designed to identify fraudulent activities on the Website, such as fraudulent credit card use. If any unauthorised use of your credit card occurs as a result of your credit card purchase on the Website, you should notify your credit card provider in accordance with its reporting rules and procedures.
User ID, Password and Security
3.1 You have the opportunity to create an account to access parts of Melrose’s site. In order to create an account, you are required to provide us with your name and address, and to select a password.
3.2 You acknowledge and agree that your email address and password combination is used to access the restricted areas of Melrose’s site and that you are responsible for the safety and security of your password.
3.3 Without limiting the foregoing, you agree to notify Melrose immediately when you become aware of any unauthorized or attempted unauthorized access to, use or disclosure of your password by any person and you agree to comply with Melrose’s directions regarding password security.
3.4 You agree that Melrose is entitled to take reasonable steps to monitor use of your account and that Melrose may suspend your access to your account should Melrose detect any suspicious activity occurring in relation to your account until the suspicious activity is resolved.
Credit card and payment information
Melrose does not collect, store or retain any credit card and other payment information in connection with products purchased from Melrose via this website. All payments for products purchased from Melrose via this website are processed through third party payment gateway providers. Melrose uses its reasonable endeavours to ensure that all purchases made through Melrose’s website are made using secure HTTP connections (you can check that the connection is secure when the URL for the “check-out” web-page commences with “https://”).
Copyright & Intellectual Property
Melrose's site contains material which is subject to copyright and other intellectual property rights owned by or licensed to Melrose. Except to the extent otherwise permitted by law:
You are allowed to:
view, copy and print material in electronic or other forms only for your personal use, or non-commercial purposes and only if you retain the copyright notice and other intellectual property notices from the original material;
You are NOT allowed to:
• use material from Melrose’s site for non-personal, public or commercial purposes without the consent of Melrose; or
• distribute in any medium any part of Melrose’s site or the content on Melrose’s site without Melrose’s prior written consent; or
• alter or modify any part of Melrose’s site or the content made available via Melrose’s site; or
• not to use or access Melrose’s site (or any part of it) or the content made available via Melrose’s site for any commercial use unless you first obtain Melrose’s prior written consent (which may be provided in Melrose’s absolute discretion, subject to any conditions which Melrose chooses to impose at its absolute discretion); or
• breach copyright or any other intellectual property rights of Melrose or its licensors including by amending or adapting any material on Melrose’s site.
Subject to the provision above no part of Melrose’s site may be reproduced, stored in a retrieval system, or transmitted in any form or any means, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of a director of Melrose Health Pty Ltd.
Advertising, links to third party web sites and e-commerce offers
Melrose’s site contains hyperlinks and other pointers to internet web sites operated by third parties. These linked web sites are not under the control of Melrose. Melrose is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Melrose provides these hyperlinks to you as a convenience only. Inclusion of any link is not nor does it imply any endorsement of the linked web site by Melrose. You link to any such web site entirely at your own risk.
Your content and conduct
You are solely responsible for any content that you submit to Melrose and the consequences of submitting such content to Melrose, including via Melrose’s site.
When you submit any content to Melrose, you represent and warrant to Melrose on a continuous basis that you own the content and that the content is original to you, and does not infringe the intellectual property rights or moral rights of any third party.
You grant to Melrose a non-exclusive, worldwide, perpetual and irrevocable fully paid up licence of the content you submit to Melrose to enable Melrose to operate the Melrose’s website and to otherwise fulfil any obligations which Melrose may owe to you under any contract or agreement.
Without limiting the foregoing, you agree that you will not submit to Melrose any content that is and that you will not use Melrose’s site or any content or tools which Melrose makes available to transmit any material that is:
- vulgar or obscene;
- discriminatory, sexist or racist;
- violent or graphic;
- contrary to applicable laws in Australia; or
- libelous, tortious, defamatory or invasive of another person’s privacy.
You acknowledge that Melrose may, at its absolute discretion, remove content from Melrose’s website which in Melrose’s opinion breaches any of the foregoing restrictions.
You also acknowledge and agree that the fact that Melrose may make available your content to other users of Melrose’s website does not mean that Melrose endorses such content or the person submitting the content.
Unless you expressly inform Melrose otherwise (including by exercising any opt-out mechanism that Melrose may make available to you), you consent to your receipt from Melrose, or on Melrose’s behalf, of electronic messages (including emails) attaching newsletters, brochures and/or updates of future developments relevant to Melrose
Melrose provides Melrose’s website in order to provide a useful guide and user experience and any comments on its structure and contents with a view to improving its usefulness would be welcome. Such comments and feedback should be provided to Melrose using the facilities made available via Melrose’s website.
When you submit any feedback or comments to Melrose regarding Melrose’s website, you acknowledge and agree that Melrose is free to use or adapt any idea or feedback to improve Melrose’s website without compensation or remuneration to you.
To the fullest extent permitted by law, in no event shall Melrose, its directors, officers, employees or agents, be liable to you for any direct, indirect, incidental, special or consequential loss or damage arising from any:
- errors, mistakes or inaccuracies in the content made available via Melrose’s site;
- personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of Melrose’s site and/or its content;
- any interruption or cessation of transmission to or from Melrose’s site;
- any bugs, viruses and/or malicious code which may be transmitted to or through Melrose’s site; and/or
- any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted or otherwise made available via Melrose’s site, except where such liability arises as a direct result of any negligent or willful act or omission of Melrose, its directors, officers or employees.
Without limiting the methods by which a notice or other communication may be given at law, a notice or other communication is properly given or served if it is transmitted by electronic mail or other electronic means to your email address held by Melrose. You agree to promptly notify Melrose of any change in your email address.
Party preparing document not to be disadvantaged
SUPPLEMENT IN RELATION TO THE GENERAL DATA PROTECTION REGULATION
Last updated: July 2018
This supplement applies whenever you visit this website, including any mobile website (together, the “Website”) from a location within the European Union or when a resident of the EU provides personal data to Melrose.
For the purposes of the GDPR, Melrose confirms that the data controller of this Website is Melrose Laboratories Pty Ltd, a company registered under the laws of Australia, whose registered office is located at 16-18 Lionel Road, Mount Waverley, Victoria 3149 Australia.
What personal data does Melrose collect about you and from whom?
Use of your personal data
Where the GDPR applies to the personal data Melrose collects, Melrose uses and processes personal data according to the requirements and restrictions of the GDPR. In particular, Melrose will only use and/or disclose your personal data if Melrose has a permitted lawful basis on which to use and/or disclose your personal data.
Generally, Melrose collects your personal data because it is necessary for:
- performing Melrose’s contract for the provision of products and/or services to you;
- the pursuit of Melrose’s legitimate interests (as detailed further below); or
- complying with Melrose’s legal obligations.
Melrose may also rely on your consent to use your personal data, including for marketing purposes (see “Marketing Communications” below).
You may withdraw your consent to these activities at any time. If you withdraw your consent, unless another lawful basis applies, Melrose will cease to process the affected data. Please note that withdrawal of consent may result in Melrose being unable to provide you with certain features of the Website and/or the products that you have ordered and paid for through the Website.
- for promoting, marketing and advertising Melrose’s products and services;
- for statistical and demographic analysis, in order to understand the behaviour, activities, preferences and needs of Melrose’s customers;
- for improving the Website, to improve existing products and services and to develop new products and services;
- to protect Melrose’s brand, reputation and goodwill in the marketplace, by taking appropriate legal action against third parties who have infringed Melrose’s rights or otherwise are in breach of their legal obligations owed to Melrose;
- to effectively and efficiently handle and resolve any legal claims or regulatory enforcement proceedings taken against Melrose;
- to generally operate the Website and for internal business operations; and
- to monitor and to record telephone calls for training purposes.
Where you have consented to receive marketing communications directly from Melrose, then you agree that Melrose may use your information to contact you by your selected method of communication regarding new products, competitions, events, items or related activities which Melrose anticipates you may find useful, together with communications regarding similar products and services offered by Melrose. Melrose does not sell, trade or rent your personal data to other companies or partners.
You may always revoke that consent at any time by exercising the “unsubscribe” option in any marketing communications which you receive from us.
To whom Melrose discloses your personal data
Generally, Melrose will use its reasonable endeavours to disclose de-identified information to third parties. However, Melrose may disclose personal data it collects to third parties. Such disclosures will occur only on an as-needs basis and only in order to facilitate the fulfilment of one or more of the reasons for which your personal data is being processed.
You agree that if Melrose transfers ownership or management of the Website or of Melrose’s business and/or assets to a third party in the event that Melrose sells, trades or licenses any part of its business or assets, then Melrose may also transfer your personal data or other personal data you provided to Melrose as part of those assets. This includes, but is not limited to, all sensitive personal data and any other information about you.
How long does Melrose keep hold of personal data
Melrose keeps your personal data for as long as it is reasonably necessary to meet the relevant purposes for which Melrose collected your personal data, including for the purpose of satisfying any legal, accounting or reporting requirements.
To determine the appropriate length of time for holding your personal data, Melrose takes into account the amount, nature and sensitivity of the personal data, the potential risk of harm from unauthorised use and/or disclosure of your personal data, the purpose(s) for Melrose processes your personal data and whether Melrose can achieve those purposes through other means, together with legal requirements imposed on Melrose.
As a general rule, Melrose generally retains personal data relating to products purchased from the Website for up to seven years following the transaction.
Is personal data transferred outside the European Union?
As Melrose is located in Australia, all personal data collected from you will be collected and held in Australia.
Melrose has implemented appropriate safeguards in connection with the protection of personal data transferred from the European Union into Australia, into Melrose’s control. Melrose will use its best endeavours to ensure that any third party recipient located outside the European Union will take steps to safeguard the personal data transferred or disclosed by Melrose to the recipient.
Security of personal data
- to the maximum extent permitted by law, Melrose makes no representation or warranty, nor give any guarantee to you that your access to the Website and/or to the content accessible on the Website will be secure, uninterrupted or error free; and
- data transmission over the internet can be completely secure and, to the maximum extent permitted by law, Melrose cannot give an absolute assurance or guarantee that the information you provide to Melrose will be secure at all times.
Melrose takes reasonable steps to protect the personal data Melrose holds from misuse and loss, and from unauthorised access, modification or disclosure. To prevent unauthorised access, to maintain accuracy, and to ensure proper use of personal information, Melrose has deployed physical, electronic and managerial processes to safeguard and to secure the personal data collected.
Your rights in respect of your personal data
Under certain circumstances, you have rights under the GDPR and the Privacy Act 1988(Cth) in relation to the personal data that Melrose holds about you. You can request to:
- access information held about you, subject to Melrose verifying your identity and subject to Melrose’s right to charge you a reasonable administrative fee to cover Melrose’s costs incurred in relation to any repetitive, manifestly unfounded or excessive requests for access – where Melrose refuses your request to exercise this right, Melrose will give you reasons for its refusal and to outline the process by which you can complain about Melrose’s refusal;
- rectify any incorrect or incomplete data that Melrose holds about you, subject to Melrose verifying your identity;
- delete, restrict or remove personal data Melrose holds about you, subject to the relevant provisions in the GDPR;
- transfer any personal data that Melrose holds about you to another party, subject to the relevant provisions in the GDPR; and
- object to any further processing of your personal data, subject to the relevant provisions in the GDPR.
You can make all such requests to: Attention: Melrose Health Customer Service 16-18 Lionel Road, Mount Waverley, VIC Australia 3149 OR email: [email protected].
Please note that in respect of all these rights, Melrose reserves the right to refuse your request based on the exemptions set out in the GDPR.
Updates to this supplement