Terms of service

Introduction

Melrose Laboratories Pty Ltd (Melrose FutureLab) is committed to responsible privacy practices and to complying with the Australian Privacy Principles (APPs) contained in the Privacy Act.

Specific Limits of Melrose FutureLab's Site

Whilst Melrose FutureLab's site offers health, wellness and diet related articles and podcasts, Melrose FutureLab'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 FutureLab's site is made available for informational purposes only, and should not be construed as medical or health advice.

Melrose FutureLab endeavours to provide a convenient, functional and secure website. However, Melrose FutureLab's website is provided on an "as is" and "as available" basis and Melrose FutureLab 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 FutureLab takes all reasonable steps to maintain the accuracy and completeness of the information contained on Melrose FutureLab's site, you acknowledge and agree that, to the maximum extent permitted by law, Melrose FutureLab makes no representation or warranty to you, nor gives any guarantee as to the accuracy, adequacy or completeness of the content or information contained on Melrose FutureLab's site.

Similarly, to the maximum extent permitted by law, Melrose FutureLab makes no representation or warranty, nor gives any guarantee to you in relation to Melrose FutureLab's site or the content accessible via Melrose FutureLab's site, including (without limitation):

As to the reliability, suitability or availability of Melrose FutureLab's site or the content accessible on Melrose FutureLab's site.
That access to Melrose FutureLab's site and/or to the content accessible on Melrose FutureLab's site will be secure, uninterrupted or error-free.
That errors or defects with Melrose FutureLab's site or the content accessible via Melrose FutureLab's site will be able to be corrected.
That Melrose FutureLab's site will operate with any other hardware, software, system or data.
The accuracy and fairness of the content accessible via Melrose FutureLab's site.

If your use of Melrose FutureLab's site results in the need for servicing or replacing property, material, equipment or data, to the maximum extent permitted by law, Melrose FutureLab will not be responsible for such costs.

Terms of Use

The information on Melrose FutureLab's site is offered on the terms and understanding that, to the maximum extent permitted by law, neither Melrose Laboratories Pty Ltd nor Melrose FutureLab's directors and site 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.

You agree that your use of Melrose FutureLab's site and the purchase of any products will be governed by these Terms of Use, and that Melrose FutureLab's collection, use and disclosure of your personal information will be in accordance with the Privacy Policy which can be accessed here: https://www.melrosehealth.com.au/privacy-policy. As these Terms of Use and the Privacy Policy are important legal documents, we recommend that you read both pages before taking any further steps on this site. Your continued use of Melrose FutureLab's site will be treated as your acceptance of the Terms of Use and Privacy Policy. If you do not accept these Terms of Use and Privacy Policy, you must refrain from using or accessing this site and any information contained on it.

Registration

2.1 You may be asked to provide personal information to Melrose FutureLab 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 FutureLab, Melrose FutureLab may not be able to sell you products, enter you into that competition, or register you with an account.

2.2 All personal information Melrose FutureLab collects from this website will be held, used and disclosed in accordance with Melrose FutureLab's Privacy Policy.

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 FutureLab will take reasonable steps to maintain the security of any personal information that you provide. Melrose FutureLab's site has security measures in place to protect against the loss, misuse and alteration of the information under Melrose FutureLab's control. However, no data transmission over the internet can be completely secure, and Melrose FutureLab cannot give an absolute assurance that the information you provide to us will be secure at all times.

2.5 Melrose FutureLab 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.

2.6 You agree that Melrose FutureLab may terminate your user account and/or refuse you access to Melrose FutureLab's site where you are in breach of any provision of these Terms of Use.

User ID, Password and Security

3.1 You have the opportunity to create an account to access parts of Melrose FutureLab'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 FutureLab'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 FutureLab immediately when you become aware of any unauthorised or attempted unauthorised access to, use or disclosure of your password by any person, and you agree to comply with Melrose FutureLab's directions regarding password security.

3.4 You agree that Melrose FutureLab is entitled to take reasonable steps to monitor use of your account, and that Melrose FutureLab may suspend your access to your account should Melrose FutureLab detect any suspicious activity in relation to your account until the suspicious activity is resolved.

Credit Card and Payment Information

Melrose Laboratories Pty Ltd does not collect, store or retain any credit card and other payment information in connection with products purchased from Melrose FutureLab via this website. All payments for products purchased from Melrose FutureLab via this website are processed through third party payment gateway providers. Melrose FutureLab uses its reasonable endeavours to ensure that all purchases made through Melrose FutureLab's website are made using secure HTTP connections.

Copyright & Intellectual Property

Melrose FutureLab's site contains material which is subject to copyright and other intellectual property rights owned by or licensed to Melrose Laboratories Pty Ltd. 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 FutureLab's site for non-personal, public or commercial purposes without the consent of Melrose FutureLab.
Distribute in any medium any part of Melrose FutureLab's site or the content on Melrose FutureLab's site without Melrose FutureLab's prior written consent.
Alter or modify any part of Melrose FutureLab's site or the content made available via Melrose FutureLab's site.
Use or access Melrose FutureLab's site (or any part of it) for any commercial use unless you first obtain Melrose FutureLab's prior written consent.
Breach copyright or any other intellectual property rights of Melrose Laboratories Pty Ltd or its licensors, including by amending or adapting any material on Melrose FutureLab's site.

Subject to the provisions above, no part of Melrose FutureLab's site may be reproduced, stored in a retrieval system, or transmitted in any form or by any means — electronic, mechanical, photocopying, recording, or otherwise — without the prior written permission of a director of Melrose Laboratories Pty Ltd.

Advertising, Links to Third Party Websites and E-Commerce Offers

Melrose FutureLab's site contains hyperlinks and other pointers to internet websites operated by third parties. These linked websites are not under the control of Melrose FutureLab. Melrose FutureLab is not responsible for the contents of any linked website or any hyperlink contained in a linked website. Melrose FutureLab provides these hyperlinks to you as a convenience only. Inclusion of any link does not imply any endorsement of the linked website by Melrose FutureLab. You link to any such website entirely at your own risk.

Your Content and Conduct

You are solely responsible for any content that you submit to Melrose FutureLab and the consequences of submitting such content, including via Melrose FutureLab's site.

When you submit any content to Melrose FutureLab, you represent and warrant 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 Laboratories Pty Ltd a non-exclusive, worldwide, perpetual and irrevocable fully paid-up licence of the content you submit to enable Melrose FutureLab to operate the website and to otherwise fulfil any obligations which Melrose FutureLab may owe to you under any contract or agreement.

Without limiting the foregoing, you agree that you will not submit to Melrose FutureLab, or use Melrose FutureLab's site to transmit, any material that is:

Vulgar or obscene.
Discriminatory, sexist or racist.
Violent or graphic.
Contrary to applicable laws in Australia.
Libellous, tortious, defamatory or invasive of another person's privacy.

You acknowledge that Melrose FutureLab may, at its absolute discretion, remove content from Melrose FutureLab's website which in Melrose FutureLab's opinion breaches any of the foregoing restrictions. You also acknowledge and agree that the fact that Melrose FutureLab may make your content available to other users of Melrose FutureLab's website does not mean that Melrose FutureLab endorses such content or the person submitting it.

Applicable Law

This agreement created by these Terms of Use is governed by and construed in accordance with the laws of Victoria, Australia, and the parties submit to the exclusive jurisdiction of the courts of the State of Victoria with respect to any dispute arising out of or in connection with these Terms of Use.

Communications

Unless you expressly inform Melrose FutureLab otherwise (including by exercising any opt-out mechanism that Melrose FutureLab may make available to you), you consent to receiving from Melrose FutureLab, or on Melrose FutureLab's behalf, electronic messages (including emails) attaching newsletters, brochures and/or updates of future developments relevant to Melrose FutureLab.

Feedback

Melrose FutureLab provides its website in order to offer a useful guide and user experience, and any comments on its structure and contents with a view to improving its usefulness are welcome. Such comments and feedback should be provided to Melrose FutureLab using the facilities made available via Melrose FutureLab's website.

When you submit any feedback or comments to Melrose FutureLab regarding Melrose FutureLab's website, you acknowledge and agree that Melrose FutureLab is free to use or adapt any idea or feedback to improve Melrose FutureLab's website without compensation or remuneration to you.

Liability

The liability of either party for a breach of the agreement created by these Terms of Use or for any other common law or statutory cause of action arising out of the operation of these Terms of Use will be determined under the relevant law that is recognised, and would be applied by, the High Court of Australia.

To the fullest extent permitted by law, in no event shall Melrose Laboratories Pty Ltd, 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 FutureLab's site.
Personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of Melrose FutureLab's site and/or its content.
Any interruption or cessation of transmission to or from Melrose FutureLab's site.
Any bugs, viruses and/or malicious code which may be transmitted to or through Melrose FutureLab's site.
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 FutureLab's site, except where such liability arises as a direct result of any negligent or wilful act or omission of Melrose Laboratories Pty Ltd, its directors, officers or employees.

Notices

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 FutureLab. You agree to promptly notify Melrose FutureLab of any change in your email address.

Entire Agreement

These Terms of Use constitute the entire agreement with respect to your access to and use of Melrose FutureLab's site, and your right to upload, submit, access and use the content made available via Melrose FutureLab's site. These Terms of Use supersede and replace all prior representations, agreements, statements and understandings (whether verbal or in writing) in relation to the subject matter of these Terms of Use.

Variation

Melrose FutureLab may vary these Terms of Use at any time by giving you notice of the variation or by posting a notice of the variation to Melrose FutureLab's site. Such notice may be given (and you are deemed to have been given notice) by posting a notice of the variation to these Terms of Use reasonably prominently on Melrose FutureLab's site.

Melrose FutureLab will use reasonable endeavours to notify you of any variation to these Terms of Use at least 14 days in advance of the variation taking effect. Such notification may take the form of an email sent to the email address Melrose FutureLab holds for you, by posting a reasonably prominent link to the varied terms on Melrose FutureLab's site, and/or by posting a reasonably prominent notice in any app Melrose FutureLab may release to support Melrose FutureLab's site.

Waiver

A waiver by either party of a breach of these Terms of Use will not be regarded as a waiver of any other breach. A party's failure to enforce a provision of these Terms of Use will not be interpreted as a waiver.

Severability

Each provision of these Terms of Use shall be read as separate and separable so that if any provision is void or unenforceable for any reason, that provision will be severed and the remainder will be construed as if the severed provision had never existed.

Assignment

Melrose Laboratories Pty Ltd may assign its rights under these Terms of Use to a third party without your prior written consent. You acknowledge and agree that the rights conferred on you under these Terms of Use are personal to you and cannot be assigned or novated to another party except with Melrose FutureLab's prior written consent.

Further Acts

Each party must, without further consideration, sign, execute and deliver any document and perform any other act that is necessary or desirable to give full effect to these Terms of Use.

No rule of contract interpretation must be applied in the interpretation of these Terms of Use to the disadvantage of one party on the basis that it prepared or put forward these Terms of Use or any document included in these Terms of Use.

Supplement in Relation to the General Data Protection Regulation

Last updated: July 2018

This supplement is intended to add to the privacy policy of Melrose Laboratories Pty Ltd (Melrose FutureLab). It sets out how Melrose FutureLab complies with the General Data Protection Regulation ("GDPR") with respect to the processing of personal data collected from residents of the European Union. It is not intended to replace Melrose FutureLab's privacy policy that applies to the collection, use and disclosure of personal information from individuals located in Australia.

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 FutureLab.

Data Controller

For the purposes of the GDPR, Melrose FutureLab 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 FutureLab Collect About You and From Whom?

When you access, subscribe or sign up to use the Website, Melrose FutureLab may collect a variety of personal data about you. The types of information Melrose FutureLab collects from individuals (including EU residents) are set out in Melrose FutureLab's privacy policy.

Use of Your Personal Data

Where the GDPR applies to the personal data Melrose FutureLab collects, Melrose FutureLab uses and processes personal data according to the requirements and restrictions of the GDPR. In particular, Melrose FutureLab will only use and/or disclose your personal data if Melrose FutureLab has a permitted lawful basis on which to do so.

Generally, Melrose FutureLab collects your personal data because it is necessary for:

Performing Melrose FutureLab's contract for the provision of products and/or services to you.
The pursuit of Melrose FutureLab's legitimate interests (as detailed further below).
Complying with Melrose FutureLab's legal obligations.

Melrose FutureLab may also rely on your consent to use your personal data, including for marketing purposes. You may withdraw your consent to these activities at any time. If you withdraw your consent, unless another lawful basis applies, Melrose FutureLab will cease to process the affected data. Please note that withdrawal of consent may result in Melrose FutureLab 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.

Melrose FutureLab may use your personal data for its legitimate interests, including:

Promoting, marketing and advertising Melrose FutureLab's products and services.
Statistical and demographic analysis, in order to understand the behaviour, activities, preferences and needs of Melrose FutureLab's customers.
Improving the Website, existing products and services, and developing new products and services.
Protecting Melrose FutureLab's brand, reputation and goodwill in the marketplace.
Effectively and efficiently handling and resolving any legal claims or regulatory enforcement proceedings taken against Melrose Laboratories Pty Ltd.
Generally operating the Website and for internal business operations.
Monitoring and recording telephone calls for training purposes.

Additionally, Melrose FutureLab may use your personal data for complying with its legal obligations and to enforce its legal rights (including in relation to an actual or suspected breach of the Website's Terms of Use).

Marketing Communications

Where you have consented to receive marketing communications directly from Melrose FutureLab, you agree that Melrose FutureLab may use your information to contact you by your selected method of communication regarding new products, competitions, events, items or related activities which Melrose FutureLab anticipates you may find useful, together with communications regarding similar products and services offered by Melrose FutureLab. Melrose FutureLab does not sell, trade or rent your personal data to other companies or partners. You may revoke your consent at any time by exercising the "unsubscribe" option in any marketing communications you receive.

To Whom Melrose FutureLab Discloses Your Personal Data

Generally, Melrose FutureLab will use its reasonable endeavours to disclose de-identified information to third parties. However, Melrose FutureLab may disclose personal data it collects to third parties 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. Subject to the foregoing, Melrose FutureLab may disclose your personal information to the categories of recipients outlined in Melrose FutureLab's privacy policy.

You agree that if Melrose Laboratories Pty Ltd transfers ownership or management of the Website or of its business and/or assets to a third party, Melrose FutureLab may also transfer your personal data as part of those assets.

How Long Does Melrose FutureLab Keep Personal Data?

Melrose FutureLab keeps your personal data for as long as it is reasonably necessary to meet the relevant purposes for which it was collected, including for the purpose of satisfying any legal, accounting or reporting requirements. As a general rule, Melrose FutureLab 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 Laboratories Pty Ltd is located in Australia, all personal data collected from you will be collected and held in Australia. Melrose FutureLab has implemented appropriate safeguards in connection with the protection of personal data transferred from the European Union into Australia. Melrose FutureLab 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 to them.

Security of Personal Data

In accordance with Melrose FutureLab's Terms of Use for the Website, you acknowledge and agree that to the maximum extent permitted by law, Melrose FutureLab makes no representation or warranty that your access to the Website will be secure, uninterrupted or error free, and that data transmission over the internet cannot be guaranteed to be completely secure at all times. Melrose FutureLab takes reasonable steps to protect the personal data it holds from misuse and loss, and from unauthorised access, modification or disclosure.

Use of Cookies and Links to Third Party Websites

Please refer to Melrose FutureLab's privacy policy with respect to Melrose FutureLab's use of cookies and in relation to links from the Website to websites operated by third parties.

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 FutureLab holds about you. You can request to:

Access information held about you, subject to Melrose FutureLab verifying your identity.
Rectify any incorrect or incomplete data that Melrose FutureLab holds about you.
Delete, restrict or remove personal data Melrose FutureLab holds about you.
Transfer any personal data that Melrose FutureLab holds about you to another party.
Object to any further processing of your personal data.

All such requests should be directed to: Melrose Laboratories Pty Ltd, Customer Service, 37 Enterprise Drive, Rowville, VIC 3178, Australia or by email: info@melrosehealth.com.au.

Please note that in respect of all these rights, Melrose FutureLab reserves the right to refuse your request based on the exemptions set out in the GDPR.

Updates to This Supplement

Melrose FutureLab may from time to time change or replace this supplement and will post the modified, amended or new supplement to the Website in place of the superseded version. Melrose FutureLab recommends that you regularly check the Website to ensure you are aware of the current version of Melrose FutureLab's privacy policy and this supplement.