TERMS OF USE

Introduction

Orchard Manufacturing Co. Pty Ltd (Orchard) owns and operates this web site (Orchard’s site). Your access to and use of Orchard’s site is conditional upon your acceptance and compliance with these Terms of Use. Your use of, and / or access to, Orchard’s site constitutes your agreement to these Terms of Use.

Specific limits of Orchard’s site

Whilst Orchard’s site offers health, wellness and diet related articles in the “Digestive Health”, Orchard’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 Orchard’s site is made available for informational purposes only, and should not be construed as medical or health advice.

Orchard endeavours to provide a convenient, functional and secure web-site. However, Orchard’s website (including the content of Orchard’s website) is provided on an “as is” and “as available” basis and Orchard 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 Orchard takes all reasonable steps to maintain the accuracy and completeness of the information contained on Orchard’s site, you acknowledge and agree that, to the maximum extent permitted by law, Orchard 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 Orchard’s site.

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

  • as to the reliability, suitability or availability of Orchard’s site or the content accessible on Orchard’s site;
  • that access to Orchard’s site and/or to the content accessible on Orchard’s site will be secure, uninterrupted or error-free;
  • that errors or defects with Orchard’s site or the content accessible via Orchard’s site will be able to be corrected;
  • that Orchard’s site will operate with any other hardware, software, system or data; or
  • the accuracy and fairness of the content accessible via Orchard’s site.

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

Terms of Use

The information on Orchard’s site is offered on the terms and understanding that, to the maximum extent permitted by law, neither Orchard nor Orchard’s directors and Orchard 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. 

You agree that your use of Orchard’s site and the purchase of any products will be governed by these terms and conditions (“Terms of Use”) and Orchard’s collection, use and disclosure of your personal information will be in accordance with the Privacy Policy which can be accessed here nu-lax.com/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 Orchard’s site will be treated by Orchard as your acceptance to 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 Orchard 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 Orchard, Orchard may not be able to sell you products, enter you into that competition or register you with an account. 
2.2 All Personal Information Orchard collects from this Website will be held, used and disclosed in accordance with Orchard’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 Orchard will take reasonable steps to maintain the security of any Personal Information that you provide. Orchard’s site has security measures in place to protect the loss, misuse and alteration of the information under Orchard’s control. However, no data transmission over the internet can be completely secure, and Orchard cannot give an absolute assurance that the information you provide to us will be secure at all times.
2.5 Orchard 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 Orchard may terminate your user account and/or refuse you access to Orchard’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 Orchard’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 Orchard’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 Orchard 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 Orchard’s directions regarding password security.

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

Credit card and payment information

Orchard does not collect, store or retain any credit card and other payment information in connection with products purchased from Orchard via this website. All payments for products purchased from Orchard via this website are processed through third-party payment gateway providers. Orchard uses its reasonable endeavours to ensure that all purchases made through Orchard’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

Orchard’s site contains material which is subject to copyright and other intellectual property rights owned by or licensed to Orchard. 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 Orchard’s site for non-personal, public or commercial purposes without the consent of Orchard; or
• distribute in any medium any part of Orchard’s site or the content on Orchard’s site without Orchard’s prior written consent; or
• alter or modify any part of Orchard’s site or the content made available via Orchard’s site; or
• not to use or access Orchard’s site (or any part of it) or the content made available via Orchard’s site for any commercial use unless you first obtain Orchard’s prior written consent (which may be provided in Orchard’s absolute discretion, subject to any conditions which Orchard chooses to impose at its absolute discretion); or
• breach copyright or any other intellectual property rights of Orchard or its licensors including by amending or adapting any material on Orchard’s site.

Subject to the provision above no part of Orchard’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 Orchard Manufacturing Co. Pty Ltd.

Advertising, links to third-party web sites and e-commerce offers
Orchard’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 Orchard. Orchard is not responsible for the contents of any linked web or any hyperlink contained in a linked web site. Orchard 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 Orchard. 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 Orchard and the consequences of submitting such content to Orchard, including via Orchard’s site.

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

Without limiting the foregoing, you agree that you will not submit to Orchard any content that is and that you will not use Orchard’s site or any content or tools which Orchard 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 Orchard may, at its absolute discretion, remove content from Orchard’s website which in Orchard’s opinion breaches any of the foregoing restrictions.

You also acknowledge and agree that the fact that Orchard may make available your content to other users of Orchard’s website does not mean that Orchard endorses such content or the person submitting the content.

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 Orchard otherwise (including by exercising any opt-out mechanism that Orchard may make available to you), you consent to your receipt from Orchard, or on Orchard’s behalf, of electronic messages (including emails) attaching newsletters, brochures and/or updates of future developments relevant to Orchard

Feedback

Orchard provides Orchard’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 Orchard using the facilities made available via Orchard’s website.

When you submit any feedback or comments to Orchard regarding Orchard’s website, you acknowledge and agree that Orchard is free to use or adapt any idea or feedback to improve Orchard’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 Orchard, 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 Orchard’s site;
  • personal injury or property damage (of any nature whatsoever) arising or resulting from your access to and use of Orchard’s site and/or its content;
  • any interruption or cessation of transmission to or from Orchard’s site;
  • any bugs, viruses and/or malicious code which may be transmitted to or through Orchard’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 Orchard’s site, except where such liability arises as a direct result of any negligent or willful act or omission of Orchard, 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 Orchard. You agree to promptly notify Orchard 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 Orchard’s site, and your right to upload, submit, access and use the content made available via Orchard’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

Orchard 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 Orchard’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 Orchard’s site.

Orchard 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 Orchard holds, by posting a reasonably prominent link to the varied terms on Orchard’s site and/or by posting a reasonably prominent notice in any app Orchard may release to support Orchard’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

Orchard 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 Orchard’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.

Party preparing document not to be disadvantaged

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 Orchard Manufacturing Co. Pty Ltd (“Orchard”). It sets out how Orchard 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 Orchard’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 Orchard.

Data controller

For the purposes of the GDPR, Orchard confirms that the data controller of this Website is Orchard Manufacturing Co. Pty Ltd, a company registered under the laws of Australia, whose registered office is located at 37 Enterprise Drive, Rowville, Victoria 3178, Australia.

What personal data does Orchard collect about you and from whom?

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

Use of your personal data

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

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

  • performing Orchard’s contract for the provision of products and/or services to you;
  • the pursuit of Orchard’s legitimate interests (as detailed further below); or
  • complying with Orchard’s legal obligations.

Orchard 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, Orchard will cease to process the affected data. Please note that withdrawal of consent may result in Orchard 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.

As noted above, Orchard may use your personal data for the purpose of performing a contract made between Orchard and you. This includes using your personal data for the purposes outlined in Orchard’s privacy policy. 

Orchard may use your personal data for Orchard’s legitimate interests, including those interests outlined in Orchard’s privacy policy. Without limiting Orchard’s privacy policy, Orchard’s legitimate interests include using your personal data:

  • for promoting, marketing and advertising Orchard’s products and services;
  • for statistical and demographic analysis, in order to understand the behaviour, activities, preferences and needs of Orchard’s customers;
  • for improving the Website, to improve existing products and services and to develop new products and services;
  • to protect Orchard’s brand, reputation and goodwill in the marketplace, by taking appropriate legal action against third parties who have infringed Orchard’s rights or otherwise are in breach of their legal obligations owed to Orchard;
  • to effectively and efficiently handle and resolve any legal claims or regulatory enforcement proceedings taken against Orchard;
  • to generally operate the Website and for internal business operations; and
  • to monitor and to record telephone calls for training purposes.

Additionally, Orchard may also 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 Orchard, then you agree that Orchard may use your information to contact you by your selected method of communication regarding new products, competitions, events, items or related activities which Orchard anticipates you may find useful, together with communications regarding similar products and services offered by Orchard. Orchard 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 Orchard discloses your personal data

Generally, Orchard will use its reasonable endeavours to disclose de-identified information to third parties. However, Orchard 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.

Subject to the foregoing, Orchard may disclose your personal information to the categories of recipients outlined in Orchard’s privacy policy.

You agree that if Orchard transfers ownership or management of the Website or of Orchard’s business and/or assets to a third party in the event that Orchard sells, trades or licenses any part of its business or assets, then Orchard may also transfer your personal data or other personal data you provided to Orchard 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 Orchard keep hold of personal data

Orchard keeps your personal data for as long as it is reasonably necessary to meet the relevant purposes for which Orchard 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, Orchard 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 Orchard processes your personal data and whether Orchard can achieve those purposes through other means, together with legal requirements imposed on Orchard.

As a general rule, Orchard 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 Orchard is located in Australia, all personal data collected from you will be collected and held in Australia.  

Orchard has implemented appropriate safeguards in connection with the protection of personal data transferred from the European Union into Australia, into Orchard’s control. Orchard 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 Orchard to the recipient.

Further cross-border transfer or disclosure of your personal data will only occur as envisaged in Orchard’s general privacy policy.

Security of personal data

 In accordance with Orchard’s Terms of Use for the Website, you acknowledge and agree that:

  • to the maximum extent permitted by law, Orchard 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, Orchard cannot give an absolute assurance or guarantee that the information you provide to Orchard will be secure at all times.

Orchard takes reasonable steps to protect the personal data Orchard 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, Orchard has deployed physical, electronic and managerial processes to safeguard and to secure the personal data collected.

Use of cookies and links to third-party websites

Please refer to Orchard’s privacy policy with respect to Orchard’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 Orchard holds about you. You can request to: 

  • access information held about you, subject to Orchard verifying your identity and subject to Orchard’s right to charge you a reasonable administrative fee to cover Orchard’s costs incurred in relation to any repetitive, manifestly unfounded or excessive requests for access – where Orchard refuses your request to exercise this right, Orchard will give you reasons for its refusal and to outline the process by which you can complain about Orchard’s refusal;
  • rectify any incorrect or incomplete data that Orchard holds about you, subject to Orchard verifying your identity;
  • delete, restrict or remove personal data Orchard holds about you, subject to the relevant provisions in the GDPR;
  • transfer any personal data that Orchard 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: Orchard Manufacturing Customer Service 37 Enterprise Drive, Rowville, Victoria 3178, Australia OR email: orchard@orchard-mfg.com.au.

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

Updates to this supplement

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