Terms & Conditions

Please read these terms of use carefully. If you proceed to use this Site, you are agreeing to these rules, including our House rules for our Forums and Cow & Gate Friends.

Terms & Conditions

Please read these terms of use carefully. If you use the Cow & Gate website at http://www.cowandgate.co.uk/ (the “Site”) then you are agreeing to these rules, including our House rules for our Forums and Cow & Gate Friends (the “Terms and Conditions”).

General

1. This Site is produced by Cow & Gate for your information, education and communication. Please feel free to browse this Site. In these terms and conditions “we” and “us” mean Cow & Gate (registered company number 00275552) whose registered address is Newmarket House, Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

2. The Site and its contents are designed to comply with UK laws and regulations and are intended for use by UK residents only. Cow & Gate 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 Cow & Gate infant milks. If you choose to view this information, you are accepting that Cow & Gate is supplying this information at your individual request for information and education purposes.

Username and password

4. Cow & Gate asks for your email address, first name, surname, postcode, and due date or baby’s birth date as mandatory details when you sign up to the Cow & Gate Mum & Baby Club on our website. This is to help ensure that we can identify you as an individual. This allows us to tailor our communications to your needs and also means that if you contact us with queries about your registration or subscription details, it makes it possible for us to easily identify you on our system, answer your query or amend your details for you.

5. Once you have completed the registration process, you will have specified a username (email address) 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 usernames and passwords if necessary for security reasons. The username and password that you log in with are personal to you and are not transferable.

6. All accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without 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 Cow & Gate accounts, or if a non-UK User pretends to be a UK User, or disrupts any of our services in any way. 

Exclusions of liability

7. We use reasonable endeavours to ensure that the data on the Site is accurate and to correct any errors or omissions as soon as practicable after being notified of them. We do not monitor, verify or endorse information submitted by third parties for posting on the Site and you should be aware that such information may be inaccurate, incomplete or out of date. To the extent permitted by applicable law, we disclaim all warranties and representations (whether express or implied) as to the accuracy of any information contained on the Site. We do not guarantee that the Site will be fault free and do not accept liability for any errors or omissions.

Access to the Site and Content

8. Due to the nature of electronic transmission of data over the internet, and the number of Users by whom data is posted on to the Site, any liability we may have for any losses or claims arising from an inability to access the Site, or from any use of the Site or reliance on the data transmitted using the Site, is excluded to the fullest extent permissible by law. In no event shall we be liablefor any indirect loss, consequential loss, loss of profit, data, revenue, business opportunity, anticipated savings, goodwill or reputation whether in contract, tort or otherwise arising out of or in connection with this agreement or use of the Site save where such liability cannot be excluded by law.

9. We do not give any warranty that the Site is free from viruses or anything else which may have a harmful effect on any technology.

Intellectual property

10. The copyright in the material contained on this Site together with the Site design, text and graphics and their selection and arrangement belongs to Cow & Gate. All rights are reserved. 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 Cow & Gate. You shall retain ownership of all copyright in data you submit to this Site. When you transmit or post any material or photos to or on this Site, you grant to us a worldwide exclusive, royalty-free, non-terminable license under your copyright and other intellectual property rights to use, reproduce, modify, adapt, publish, translate, create derivative works from, display, or distribute that material worldwide via the Site, or in any way without any duty at all to account to you.

11. The trademarks, logos, characters and service marks (collectively the “Trademarks”) displayed on the Site are registered or unregistered trademarks of Cow & Gate. 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 Cow & Gate. 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 Cow & Gate will aggressively enforce their intellectual property rights in the Site and its contents to the fullest extent of the law, including seeking criminal sanctions.

Data submitted by others

12. A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, and other materials (“Content”) is available on the Site. Some of the Content is provided by Cow & Gate and other Content is provided by persons who use the Site (“Users”), such as photos, User opinions and views provided via posts to discussion forums. Cow & Gate strives to keep the Content that we post 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 Users. In order to ensure everyone can get the most out of these chat groups, please read and abide by our House Rules.

13. We accept no liability for data supplied by any User for display on the Site and the limitations in condition 7 above (Exclusions of liability) apply.

14. If you submit data for display on the Site, you are responsible for ensuring that the data is accurate, complete and up-to-date and for updating that data where necessary.

15. If you submit data for display on the Site, you are responsible for ensuring that no data is uploaded or submitted which is untrue, defamatory, obscene or abusive, or otherwise objectionable or in breach of any applicable laws or rights of third parties.

16. You warrant that you have taken all reasonable precautions to ensure that any data you upload or otherwise submit to the Site is free from viruses and anything else which may have a contaminating or destructive effect on any part of the Site or any other technology.

17. We reserve the right (without limiting our rights to seek other remedies) to remove offending material placed on the Site that we consider to constitute a misuse of the Site or which is otherwise harmful to other Users of the Site.

18. You will indemnify us for any claim or loss (including without limitation, economic loss) suffered by us arising out of your failure to observe any of these Terms and Conditions.

19. Images of people or places displayed on the Site are either the property of, or used with permission by, Cow & Gate. 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, privacy and/or publicity laws as well as communications regulations and statutes.

20. 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 content supplied by Users.

21. Whilst we endeavour to ensure that the Content is correct, the Content presented in this Site is provided with the understanding that neither Cow & Gate nor its Users are engaged in rendering medical, counselling, legal, or other professional services or advice. The Content is available for information and as an educational tool, it is not intended as medical or healthcare advice and is not 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 or other qualified healthcare professional regarding any medical condition before starting any new treatment or before proceeding on the basis of any Content. We make no warranties or representations about the accuracy, completeness or suitability for any purpose of the Content or that your use of the Content will be uninterrupted or error free or that the Content is virus free. To the maximum extent permitted by law, we expressly disclaim our liability for any errors, inaccuracies or omissions in the Content and exclude all loss or damage you may suffer as a result of your use or reliance on the Content.

Data protection

22. Personal information voluntarily submitted to Cow & Gate via the Site, such as interactive registration may be used by Cow & Gate. Cow & Gate may also sell this data or make it available to third parties who may contact you to offer you selected products or services, unless you indicate otherwise in the subscription form. It may also be used internally in the UK to assess the function of our Site and the needs of our customers. By providing such information, you expressly consent to Cow & Gate using personal information in this way. However, you can tell us not to deal with your personal information in these ways in the future by simply sending an email to us at ciboodle@nutricia.co.uk.You may edit your personal information at any time.

23. Cow & Gate 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 Cow & Gate community. Cow & Gate is not responsible for any subsequent actions or events resulting from such personal information being voluntarily revealed by you.

24. This Site may contain links to other Sites. Cow & Gate is not responsible for the content of any other Site or for on-going review of other Sites. The inclusion of any link to such Sites does not imply endorsement by Cow & Gate. Your linking to any other Sites is at your own risk. Hyper-linking to this Site, in any manner, is not permitted without Cow & Gate's written permission.

25. Cow & Gate does not represent or warrant that this, or any Site 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.

26. Cow & Gate reserves the right to alter or delete material from the Site at any time.

27. Cow & Gate may, at any time without notice, 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 then current Terms and Conditions.

28. This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how Users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States. Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google's behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.

29. Cow & Gate may terminate your access to the Site on not less than three days' written notice to you. All disclaimers, indemnities and exclusions in these Terms and Conditions shall survive termination of the agreement between us for any reason.

30. If any provision of these Terms and Conditions is held to be unlawful, invalid or unenforceable, that provision shall be deemed severed and the validity and enforceability of the remaining provisions of these Terms and Conditions shall not be affected.

31. These Terms and Conditions shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

TERMS FOR PARTICULAR AREAS OF THE SITE

0.1.1       Live Chat

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 Cow & Gate 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. For all specific medical advice, please consult your own doctor or health advisor.

3. Cow & Gate will keep a transcript of every 'chat' had through LiveChat. This transcript will be kept for 24 months at Nutricia UK 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 Cow & Gate, unless express permission is given by the "caller". However, if there is risk of someone being harmed or other unlawful activity, we may have to pass some details onto the authorities.

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.

0.1.2       Conditions of offers

Full Terms and Conditions for each competition are available on the relevant competition page.

1. Registration Voucher Book Offer
Only one entry per household. Offer is open to UK residents only. Available while stocks last. Nutricia have the right to withdraw or change the offer at any time without notice. No cash alternative will be made available. Postage and packing costs will be paid by the Promoter. Promoter is Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

2. Registration Cow Offer
Only one entry per household. Offer is open to UK residents only. Available while stocks last. Nutricia have the right to withdraw or change the offer at any time without notice. No cash alternative will be made available. Postage and packing costs will be paid by the Promoter. Promoter is Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

3. Registration Pregnancy Diary Offer
Only one entry per household. Available when you join before 30 weeks into your pregnancy, while stocks last. Offer is open to UK residents only. Nutricia have the right to withdraw or change the offer at any time without notice. No cash alternative will be made available. Postage and packing costs will be paid by the Promoter. Promoter is Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

4. Monthly Competition for £1000 of Vouchers
Only one entry per household, per competition. Offer is open to UK residents only. Nutricia have the right to withdraw or change the offer at any time without notice. The prize in non-transferable and no cash alternative will be made available. A winner will be drawn at the end of each month and notified by either post or email. If, despite our best efforts, a winner cannot be contacted, we reserve the right to withdraw that month’s prize. Postage and packing costs will be paid by the Promoter. Promoter is Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

5. Food survey prize draw (£250 Boots vouchers)
Only one entry per household. Offer is open to UK residents over 18 only. Respondents who complete the survey will be entered into the prize draw. The survey will be open until 1st July 2010. A prize draw winner will be notified thereafter by post, email or phone. If, despite our best efforts, a winner cannot be contacted, we reserve the right to withdraw the prize. Nutricia have the right to withdraw or change the offer at any time without notice. The prize in non-transferable and no cash alternative will be made available. Postage and packing costs will be paid by the Promoter. Promoter is Nutricia Limited, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

0.1.3        House Rules

1. We may control, screen or edit any Content provided by Users that is posted to or from or made available on our Site, including photos. We reserve the right, but not the obligation, in our sole discretion and for any reason, to pre-screen, edit, refuse to accept, or remove or move any Content which has been transmitted to, from or via, or posted on, this Site by a User. We will not be liable for doing this. Any photo which has been submitted with the intention of sharing with friends will be subject to approval by a moderator to prevent offensive or inappropriate content appearing on the site. You can read more about what we consider to be acceptable in the ‘Your Photos’ section of these Terms and Conditions.

2. In order that Cow & Gate can use your contribution, you confirm that your contribution is your own original work, is not defamatory and does not infringe any UK or international copyright laws, that you have the right to give Cow & Gate permission to use it, 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 16. Any photo submitted must be your own and by posting it you confirm that you have the legal rights to use it. You agree to indemnify Cow & Gate for any breach by you of these terms that result in any claim, action or proceeding against Cow & Gate or Nutricia and any related costs.

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 objectionable and, 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 or 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 any commercial activity of any form.

0.1.3.1       Your Photos

By modifying your settings, you may choose whether your photos can be viewed by other members. While it is up to you to decide whether your photos can be viewed by any party other than yourself, we advise that you do not post any photo that you do not wish others to see. All photos which are uploaded to our site must be approved by a moderator before other friends and Users can view them. Any photos we deem inappropriate or offensive will not be approved, and the moderator’s decision is final. We consider a photo inappropriate if it:

•      is obscene, pornographic or sexually explicit;
•      depicts graphic or gratuitous violence;
•      makes threats of any kind or that intimidates, harasses or bullies anyone; or
•      is derogatory, demeaning, malicious, defamatory, abusive, offensive, or hateful.

This list is not exhaustive and should the moderator believe any photo to be inappropriate for any reason then the photo shall not be uploaded or, if already uploaded, removed.

You may not:

•      upload or share any photographs, videos or other Content other than original works created by you or another User;
•      post or share any Content that infringes upon or violates the copyright, trademarks or other rights of any third party; or
•      attempt to circumvent any content filtering techniques we may employ.

Please adhere to the following guidelines when submitting photo content and titles:

•       Please keep all contributions civil and tasteful.
•       No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
•       No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable material is not acceptable.

0.1.3.2       Our Forums

We've established these Forums' rules so that everyone can get the most out of our site. These rules protect all Users by making sure any communications are safe and fun for everyone.

•      Please keep all contributions civil and tasteful.
•      No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
•      No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable material is not acceptable.
•      If you use multiple log ins for the purpose of disrupting the community or annoying other Users you may have action taken against your accounts.
•      Be patient: Users of all ages and abilities may be taking part.
•      When voicing an opinion please be sensitive to the circumstances of other people who may be online.
•      This is a UK site. Please make your postings in English so they are understood by other members and our moderators. We apologise but we can't allow members to post in a language other than English.
•      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.). Cow & Gate does not accept responsibility for the content of such recommendations.
•      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.
•      No impersonation.
•      No inappropriate usernames (e.g. vulgar, offensive etc.).
•      The Forum moderator may from time to time post messages, intervene or edit or delete messages.
•      We welcome feedback, both positive and negative, but please make sure your comments are in line with the above 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.
•      To help make sure you get the right info, our own team of experienced mums, midwives and healthcare professionals will occasionally join in on a Forum if they're needed.
•      You may not insult or defame Cow & Gate, including any of its employees or moderators. Do not use our Forums to make complaints about Cow & Gate. If you are dissatisfied with something, please consider other Users and email us directly or call us on 0800 977 4000.

Please note: Our Forums features may include comments and discussions by members about infant milks. Any opinions expressed are from individuals using the Site and are in no way connected to Cow & Gate.

Safety
•      Be careful when using a Forum. Remember, people online may not be who they say they are. Anyone with access to the internet can obtain access to our Site.
•      Think twice when giving out any personal information. This includes your name, address, telephone number, mobile number, private email address, picture etc.
•      Be cautious when meeting someone you have only been in touch with online. If you'd 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.

0.1.3.3      Cow & Gate Friends

In joining Cow & Gate Friend Finder, you agree to share the following information with other parents and parents-to-be who might want to contact you: your username, your supplied profile, the closeness to your baby's estimated due date (within 1 week), and your proximity to them (within 2 miles). If you do not want these details to be available, please do not sign up to Cow & Gate Friend Finder.

We've established these Cow & Gate Friends Rules so that everyone can get the most out of our site. These Rules protect all Users by making sure any communications are safe and fun for everyone.

•      Please keep all contributions civil and tasteful.
•      No disruptive, offensive or abusive behaviour: contributions must be constructive and polite, not mean-spirited or contributed with the intention of causing trouble.
•      No unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive, or otherwise objectionable material is not acceptable.
•      If you use multiple log ins for the purpose of disrupting the community or annoying other Users you may have action taken against your accounts.
•      Be patient: Users of all ages and abilities may be taking part.
•      When voicing an opinion please be sensitive to the circumstances of other people who may be online.
•      This is a UK site. Please make your postings in English so they are understood by other members and our moderators. We apologise but we can't allow members to post in a language other than English.
•      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.). Cow & Gate does not accept responsibility for the content of such recommendations.
•      Commercial messages and messages from businesses or organisations are not permitted. Cow & Gate Friends is for use by parents and parents-to-be, it is not to be used as a medium for marketing or selling to our Users.
•      No impersonation.
•      No inappropriate usernames (e.g. vulgar, offensive etc.).
•      We welcome feedback, both positive and negative, but please make sure your comments are in line with the above Cow & Gate Friends 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.
•      You may not insult or defame Cow & Gate, including any of its employees or moderators. Do not use Cow & Gate Friends to make complaints about Cow & Gate. If you are dissatisfied with something, please consider other Users and email us directly or call us on 0800 977 4000.

Please note: our Cow & Gate Friends features may include comments and discussions by members about infant milks. Any opinions expressed are from individuals using the website and are in no way connected to Cow & Gate.

Breach by you of these terms of use

You may not submit any defamatory or illegal material of any nature in our Cow & Gate Friends areas. This includes text, photos, graphics, video, programs, or audio.
If you fail to abide by these Cow & Gate Friends Rules, you will be sent an email which informs you why your contribution has been failed or edited. This email will also include a warning that continuing to break the 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 Cow & Gate's Friends areas. If you post or send offensive or inappropriate content anywhere on Cow & Gate Friends or otherwise engage in any disruptive behaviour, and we consider such behaviour to be serious and/or repeated, we may use whatever information that is available to us about you to stop any further such infringements. This may include informing relevant third parties such as your employer, educational establishment or email provider about the infringement/s. We reserve the right to delete any contribution, or take action against any account, at any time, for any reason.

0.1.3.4      New Business Enquiries

1. Definitions
In these Conditions:
"Customer" means the person who accepts a quotation of the Company for the sale of the Goods or whose order for the Goods is accepted by the Company. "Goods" means the Goods which the Company is to supply in accordance with the Conditions. "The Company" means Nutricia Limited. "Conditions" means the standard terms and conditions of sale set out in this document and (unless the context otherwise requires) includes any special terms and conditions agreed inwriting between the Company and the Customer. "Contract" means the contract for the purchase and sale of the Goods.

2. Basis of sale
•      The Company shall sell and the Customer shall purchase the Goods in accordance with the written quotation or price list of the Company which is accepted by the Customer, or any order of the Customer which is accepted by the Company, subject in either case to these Conditions, which shall govern the Contract to the exclusion of any other terms and conditions subject to which any such quotation is accepted or purported to be accepted, or any such order is made or purported to be made, by the Customer.
•      No variations to these Conditions shall be binding unless agreed in writing between the authorised representatives of the Parties.
•      The Company's employees or agents are not authorised to make any representations concerning the Goods unless confirmed by the Company in writing. In entering in to the Contract the Customer acknowledges that it does not rely on, and waives any claim for breach of, any such representations which are not so confirmed.

3. Orders and specifications
•      All quotations or price lists given by the Company are invitations to treat. No order submitted by the Customer shall be deemed to be accepted by the Company unless and until the Company despatches the Goods to the Customer.
•     The Company reserves the right to make any changes in the specification of the Goods which are required to conform with any applicable safety or statutory requirements.

4. Terms of payment
•      The Customer shall pay for the Goods within 15 days of the end of the month in which the Customer is invoiced, notwithstanding that delivery may not have taken place and the property in the goods has not passed to the Customer. The time of payment of the price shall be of the essence of the Contract.

5. Delivery
•      Delivery of the Goods shall be made by the Company delivering the Goods to the place notified by the Customer for delivery, or, where the Customer is to arrange collection, by the Customer collecting the Goods from the Company after the Company has notified the customer that the goods are ready for collection.

6. Risk and property
•      Risk of damage to or loss of the Goods shall pass to the Customer at the time of delivery, or if the Customer wrongfully fails to take delivery of the Goods, at the time when the Company has tendered delivery of the goods.
•      Notwithstanding delivery and the passing of risk in the goods, or any other provision of these Conditions, the property in the Goods shall not pass to the Customer until the Company has received in cash or cleared funds payment in full of the price of the goods and all other goods for which payment is then due.
•      Until such time as the property in the Goods passes to the Customer, the Customer shall hold the Goods as the Company's fiduciary agent and bailee, and shall keep the Goods separate from those of the Customer and third parties and properly stored, protected and insured and identified as the Company's property. Until that time the Customer shall be entitled to re-sell or use the Goods in the ordinary course of its business, but the proceeds of sale, including insurance proceeds, shall be held on trust for the Company and the Customer shall keep all such proceeds separate from any monies or property of the Customer and third parties and shall account for the same to the Company.
•      If the Customer fails to pay for the Goods within the time specified under clause 4, (and provided the Goods have not been resold) the Company shall be entitled at any time to require the Customer to deliver up the goods to the Company and to enter upon any premises of the Customer or any third party where the Goods are stored and repossess the Goods. The right to repossess the Goods shall continue to subsist notwithstanding the termination of the Contract for any reason and is without prejudice to any accrued rights of the Company.
•      The Customer shall not be entitled to pledge or change by way of security any of the Goods which remain the property of the Company, but if the Customer does so all monies owing to the Company shall (without predudice to any other right or remedy of the Company) forthwith become due and payable.
•      The Customer assigns to the Company all rights and claims which the Customer may have against any third party arising from re-sales of the Goods, until payment is made in full by the third party.

7. Warranties and liability
•      Subject as expressly provided in these Conditions all warranties, conditions or other terms implied by statute or common law are excluded to the fullest extent permitted by law.
•      Any claim by the Customer which is based on any defect in the quality or condition of the Goods or their failure to correspond with specifications shall (whether or not delivery is refused by the Customer) be notified to the Company within two days from the date of delivery. If delivery is not refused, and the Customer does not notify the Company accordingly, the Customer shall not be entitled to reject the Goods and the Company shall have no liability for such defect or failure, and the Customer shall be bound to pay the price as if the Goods had been delivered in accordance with the Contract.
•      Where any valid claim in respect of any of the goods which is based on any such defect or failure is notified to the Company in accordance with these conditions, the Company shall be entitled to replace the Goods free of charge, or, at the Company's sole discretion, to refund to the Customer the price of the Goods (or a proportionate part of the price) but the Company shall have no further liability to the Customer.
•      Except in respect of death or personal injury caused by the Company's negligence the Company shall not be liable to the Customer by reason of any representation of any implied warranty, condition or other term or any duty at common law or under the express terms of the Contract, for any consequential loss or damage (whether for loss of profit or otherwise), costs, expenses or other claims for consequential compensation whatsoever (and whether caused by the negligence of the Company, its employees or agents or otherwise) which arise out of or in connection with the supply of the Goods or their use or re-sale by the Customer, except as expressly provided in these Conditions.
•      The Customer acknowledges that it is agreed to be the responsibility of the Customer to effect insurance on its own behalf in respect of any claim to which this clause 7 relates and undertakes and agrees that in respect of all actions,claims,proceedings,costs,losses and damages the Customer will use its best endeavours to arrange for its underwriters and/or insurers to renounce their rights of recourse (if any) against the Company.

8. Force majeure
•      Neither party shall be liable for any default due to act of God, war, strike, lock-out, industrial action, fire, flood, drought, tempest or other event beyond the reasonable control of either party.

9. Insolvency of customer
This clause applies if:
•      a.The Customer makes any voluntary arrangement with its creditors or becomes subject to an administration order or (being an individual or firm) becomes bankrupt or (being a company) has a petition presented for its winding-up or passes a resolution for voluntary winding-up otherwise than for the purposes of a bona fide amalgamation or reconstruction or compounds with its creditors or has a nominee, superviser or administrator appointed pursuant to the Insolvency Act 1986 or has a Receiver or Administrative Receiver, or an encumbrancer, take possession of all or any part of its assets. b.The Customer ceases or theatens to cease to carry on business; or c.The Company reasonably apprehends that any of the events mentioned above is about to occur in relation to the Customer and notifies the Customer accordingly.
•      If this clause applies then, without prejudice to any other right or remedy available to the Company, the Company shall be entitled to cancel the Contract or suspend any deliveries under the Contract without any liability to the Customer, and if the Goods have been delivered but not paid for the price shall become immediately due and payable and the Company may exercise its right under clause 6.

10 Interface with markings
•      The Purchaser shall not alter, obscure, remove, conceal or otherwise interfere with any markings, warnings, instructions or information placed by the Company on the Goods or with their labelling and packaging. The Purchaser will take all possible steps that its retail customers are notified of this term and that they comply fully with it.

11 General
•      Any notice required or permitted to be given by either party to the other under these Conditions shall be in writing (which shall include telex, cable, facsimile transmission, and comparable means of communication) addressed to that other party at its registered office or principal place of business or such other address as may at the relevent time have been notified pursuant to this provision to the party giving the notice.
•      No waiver by the Company of any breach of the Contract by the Customer shall be considered as a waiver of any subsequent breach of the same or any other provision. iii. If any provision of these Conditions is held by any competent authority to be invalid or unenforceable in whole or in part the validity of the other provisions of these Conditions and the remainder of the provision in question shall not be affected thereby.
•      The Contract shall be governed by English law and the parties agree to submit to the non-exclusive jurisdiction of the Courts of England and Wales.

Careline story terms and conditions

Please read these terms of use carefully. If you submit your Careline story on this site, you are agreeing to these rules.

In these terms and conditions “we”, “us” and “Promoter” mean Cow & Gate (registered company number 00275552) whose registered address is Newmarket House, Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

1. Any user submitted content must comply with Cow & Gates terms of use and the Promoter’s content standards as set out below. Any non-compliant stories are liable to be excluded and their story removed at the Promoter’s sole discretion. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any story as well as to its whole.

2. Submission of a story for this promotion is via online entry only.

3. You can submit as many stories as you like by submitting your Careline story via our website on the applicable submission page, which is http://www.cowandgate.co.uk/share_your_story.

4. To successfully submit your story or stories you must complete all mandatory fields as indicated within the form and be 18 years of age or over on submission of the entry.

5. The Promoter reserves the right to disqualify incomplete, altered or illegible stories. No responsibility will be accepted for stories lost, damaged or delayed. Proof of sending is not proof of receipt. No responsibility will be taken for telecommunication or website error.

6. No bulk, consumer group or third party submissions will be accepted. Submissions will only be allowed in accordance with these terms and conditions. Any attempted interference with the running of this promotion will result in a void entry.

7. We cannot accept stories about bottle feeding if your baby is under the age of 6 months at the point of the story. Any stories submitted will not be considered as part of the competition.

8. Specific information submitted by an entrant may be used in future promotional material for Cow & Gate; this includes emails, online advertising and direct mail promotions. (This excludes the use of your email address, phone number.)

9. Any queries regarding the Careline story page must be sent in writing to the Promoter at: Cow & Gate, Newmarket House, Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

10. Personal data about you will be processed in accordance with these Terms & Conditions and Privacy Policy as found on the Website (http://www.cowandgate.co.uk/privacy_policy). We will not disclose your data to any third party organisation without your explicit consent.

 

Discovery Health competition terms and conditions

Please read these terms of use carefully. If you enter Discovery Health competition on this Site, you are agreeing to these rules.

In these terms and conditions “we” and “us” mean Cow & Gate (registered company number 00275552) whose registered address is Newmarket House, Newmarket Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

1. To enter this competition you must be a UK resident and 18 years old or over at the time of entry.

2. This competition is not open to employees (or members of their immediate families) of Cow & Gate or any subsidiary of Danone Ltd.

3. No purchase is necessary to participate in this competition and entry is free.

4. You can enter the competition as many times as you like by submitting your video clip via our website on the applicable competition page, which is Discovery Health.

5. To successfully submit your video you must complete all mandatory fields on the entry form.

6. Submitting your video clip is not proof that we have received your entry. No responsibility can be accepted for entries that are lost, delayed or not received for any reason.

7. By entering the competition you confirm that the film footage was filmed by you and that you are entitled to grant rights of usage and that you waive your moral rights in the film footage.

8. Any use of the footage as provided shall not give rise to any entitlement to any further payment, either to you or people appearing in the footage.

9. Any video uploaded may be used on the Cow & Gate website, Cow & Gate YouTube page and Cow & Gate Facebook page.

10. For every clip uploaded Cow & Gate will donate £2.50 to Tommy’s (a charity that funds scientific research ensuring more babies are born healthy).

11. The competition runs from 25th July to 31st October 2011 and we reserve the right to amend the competition end date at any time.

12. Winners will be chosen by Cow & Gate and there will be 20 winners in total. We reserve the right to amend the amount of winners at any time.

14. Winners will be contacted during September, October or November. If you do not hear from us, you have NOT won.

15. This competition is being run by Cow & Gate, whose registered address is Newmarket House, Newmarket
Avenue, White Horse Business Park, Trowbridge, Wiltshire, BA14 0XQ.

16. Any personal details you share with us on entry to this competition will be stored on a secure site and erased after the competition closing date. We will not share your personal information with anyone else.

17. Cow & Gate reserves the right to amend these rules at any time. Please check back often to ensure that you have seen the latest version.