NESTLÉ OPTIJOURNEY™ TERMS OF USE

Thank you for using this application (the “OptiJourney App” or the “application”). This application has been made available to you as part of the Nestlé OptiJourney programme (the “Programme”). Please read the Terms and Conditions contained in this document carefully since any use of this application constitutes your acceptance of the Terms and Conditions set out herein.

Throughout this application, the terms "we", "us", "our" "Nestlé" and "Nestlé Group" refer to Nestlé UK Ltd and any of its affiliated companies as appropriate to the context. “You” refers to any person accessing and/or using this application.

About the OptiJourney Programme

OptiJourney is a weight management programme intended to support people with type 2 diabetes and people who are pre-diabetic to lose weight; it cannot guarantee weight loss or type 2 diabetes remission.

The OptiJourney Programme is supported by pharmacists and divided into three phases:
  • Phase 1 - eight to twelve week phase for weight loss through Total Diet Replacement, Optifast®
  • Phase 2 - four week phase for reintroduction to food and reduction of Optifast® products
  • Phase 3 - weight maintenance phase
There is evidence to support the use of total diet replacement for weight loss when used as part of a medically supervised programme and studies have shown that significant weight loss can help achieve type 2 diabetes remission. However, we cannot guarantee weight loss or type 2 diabetes remission.

About the The OptiJourney App

The OptiJourney App has been designed to provide participants with support, help and tips and access to our OptiJourney Coaches during Phase 1 and Phase 2 of the Programme.

The OptiJourney App is only available to individuals who have signed up to the OptiJourney Programme through a participating pharmacy. In order to use the OptiJourney App, you will have to register and create a personal account. You will require codes provided by your pharmacist in order to unlock certain functionality within the app and move onto the next Phase. We are not obliged to accept any account registrations and may decline the creation of any accounts that we believe violate these Terms and Conditions.

The OptiJourney Coaches offering coaching within the app are nutritionists and dieticians based in the United States of America. They are not registered as dieticians or nutritionists in the UK, but have undertaken training to ensure competency in delivering healthy eating advice based on UK guidance. Within phase 2, you will be offered up to two 30 minute phone calls with an OptiJourney Coach, these phone calls will be carried out by a UK qualified Dietician.

Our OptiJourney Coaches are typically available to be contacted via the app between 8:00 to 21:00 GMT.

Neither the OptiJourney App, nor the OptiJourney Programme is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your GP or other qualified health provider with any questions you may have regarding a medical condition.

Programme Selection Criteria


The OptiJourney Programme is not recommended for everyone. Before participating within the OptiJourney Programme or any other nutritional or dietary regimen, you should consult with your qualified healthcare provider in order to assess any potential benefits or risks to you in consideration of your personal medical situation.

To participate in the OptiJourney Programme, you must confirm that you meet the Selection Criteria. If during the course of the Programme, you cease to meet the Selection Criteria or your health status changes in any way, you must notify your pharmacist, GP or other qualified health provider as it may not be suitable for you to continue with the Programme. We reserve the right to withdraw you from the Programme at any time if we become aware that you do not meet the Selection Criteria.

Not Medical Advice


The application is not a substitute for professional medical advice and the use of any such information or opinions is solely at your own risk. The application is not a medical device, and the data provided is not intended to be used for medical purposes or to diagnose, treat, cure or prevent any disease, ailment or injury. To the extent permitted by the laws of England and Wales, you expressly agree we are not providing medical advice via the application. All content provided through the application or by email in connection with the Programme, whether provided by us or by third parties is not intended to be and should not be used in the place of medical advice given by a registered doctor or other medical professional. Your use of the application does not constitute or create a doctor-patient, or other healthcare professional relationship between the Nestlé Group and you.

Should you experience any side effects during the Programme, you should seek support from your pharmacist, registered doctor or other medical professions. If you think you may have a medical emergency, call your doctor or your local emergency number immediately.

We cannot guarantee, predict or foresee individual results or health effects arising out of the Programme or use of the OptiJourney App.

Warranties and Disclaimers


Your use of the OptiJourney app and participation in the OptiJourney Programme is at your own and exclusive risk.

This application is provided to you on an "As Is" and "As Available" basis and, consequently, the Nestlé Group gives no warranties of any kind, whether express, implied, statutory or otherwise (including the implied warranties of merchantability or satisfactory quality and fitness for a particular purpose) including warranties or representations that material on this application or otherwise provided in connection with the Programme will be complete, accurate, reliable, timely, non–infringing to third parties, that access to this application will be un–interrupted or error–free or free from viruses, that this application will be secure or that any advice or opinion obtained from the Nestlé Group through this application is accurate or to be relied upon and any representations or warranties thereto are accordingly expressly disclaimed.

The Nestlé Group expressly disclaims any and all liability for your use of the application for any medical purposes or any other purpose that is against the intended use of the application. We do not warrant that the Programme or the application can be used to achieve particular results or health effects, in particular we cannot guarantee that you will lose weight or achieve type 2 diabetes remission.

Whilst we use all reasonable attempts to ensure the accuracy and completeness of information on this application, we are not responsible if the information that we make available on the application is not accurate or complete. Any reliance upon the material on this application shall be at your own risk. We have no responsibility to maintain the material and services made available on this application or to supply any corrections, updates, or releases in connection therewith. Any material on this application is subject to change without notice. You agree that it is your responsibility to monitor any changes to the material and the information contained on this website.

To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our application or any content on it, whether express or implied.

The Nestlé Group and/or any other party involved in the creating, producing or delivering the Programme and this application on our behalf shall have no liability or any responsibility whatsoever for any direct, incidental, consequential, indirect, special or punitive damages, costs, losses or liabilities whatsoever and howsoever arising out of your access to, use, inability to use, change in content of this application or arising from any website you access through a link from this application or to the extent permitted by applicable law, from any actions we take or fail to take as a result of any electronic mail messages you send us.

To the maximum extent permitted by applicable law, you expressly waive all claims against Nestlé Group, its officers, directors, employees, suppliers, coaches and programmers that may arise from your use or access of this application.

Nothing in these terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

Viruses

We do not guarantee that our application will be secure or free from bugs or viruses. The Nestlé Group shall have no liability or any responsibility whatsoever for any loss suffered caused by viruses that may infect your computer equipment or other property by reason of your use of, access to or downloading of any material from this application. If you choose to download material from this application you do so at your own risk.

You are responsible for configuring your information technology to access our application. You must not misuse our application by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our application, the server on which our application is stored or any server, computer or database connected to our application. You must not attack our application by a denial-of-service attach or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our application will cease immediately.

Links to other websites

Links on the application may take you outside the Nestlé Group network and systems and the Nestlé Group accepts no responsibility for the content, accuracy or function of these other third party websites. The links are provided in good faith and the Nestlé Group cannot be held responsible for any subsequent change in other third party websites to which we provide a link. The inclusion of any link to other websites does not imply endorsement by the Nestlé Group. We highly recommend that you make yourself aware of and carefully read the legal and privacy notices of all other websites that you visit.

App Stores

If you download our application from a third-party app store (the “App Provider”), you acknowledge that these Terms and Conditions are between us and not with the App Provider. The App Provider has no obligation to provide any maintenance and support services with respect to the application. The App Provider is not responsible for addressing any claims you have relating to the application or your possession and use of the application.

You must also comply with all applicable third-party terms and conditions when using the application.

Software Updates

The application software may automatically download and install updates and upgrades from time to time without further notice to you. These updates are designed to technically improve and/or enhance the software and the application. You agree that we may automatically deliver such updates and upgrades to you as part of your use of the application.

Wireless and Carrier Device Considerations

The OptiJourney App is only available on ios version 10 and upwards. To use or access the application, you will need a compatible device. We cannot guarantee the application will be compatible with, or available on, your device. Your phone company’s normal messaging, date and other rates and fees will still apply.

Prohibited Activity

You are prohibited from doing any act that the Nestlé Group in its absolute discretion may deem to be inappropriate and/or would be deemed to be an unlawful act or is prohibited by any laws applicable to this application including but not limited to:

1. Any act that would constitute a breach of either the privacy (including uploading private information without the concerned individual's consent) or any other of the legal rights of individuals;

2. Using this application to defame or libel the Nestlé Group, its employees or other individuals or acting in such a way that brings into disrepute the good name of the Nestlé Group;

3. Uploading files that contain viruses that may cause damage to the property of the Nestlé Group or the property of other individuals; and

4. Posting or transmitting to this application any non–authorised material including but not limited to material that is in our opinion likely to violate applicable law, cause annoyance, detrimental to or in violation of Nestlé Group or third party´s systems or network security, defamatory, racist, obscene, threatening, pornographic or otherwise unlawful (including any threatening, abusive, racist or obscene statements made towards our OptiJourney Coaches).

You are responsible for the security and confidentiality of your passwords. You are further responsible for all activities exercised on your OptiJourney account.

User Provided Content

You are solely responsible for and retain ownership of all profile information, data, messages, images, files or other materials that you create, post or otherwise send to the application (“User Content”). Our use of the User Content shall be governed by the OptiJourney Privacy Notice [hyperlink]. We are not in any way liable for your User Content. You are solely responsible for backing-up your personal User Content. We assume no liability for the deletion, corruption or failure to store any User Content maintained or transmitted through your use of the app, other than the liability required by applicable law. You represent and warrant that the User Content is original to you and that no other party has any rights to such information or material.

By using the OptiJourney app, you give us permission to use your anonymised information to improve the service for all users.

In order to enable us to operate and improve the OptiJourney App and to process and manager your User Content in line with our Privacy Notice, you hereby grant Nestlé a worldwide, non-exclusive, fully-paid, royalty-free licence to use, host, store, reproduce, modify, create derivative works, communicate and distribute your User Conent, without any further notice to you and without any compensation or obligation to you.

Intellectual property rights ® Reg. Trademark of Société des Produits Nestlé S.A. All rights reserved.

All copyright and other intellectual property rights in the software and all text, images and other materials on this application are the property of the Nestlé Group or are included with the permission of the relevant owner.

You are permitted to browse this application, reproduce extracts by way of printing, downloading to a hard disk. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the above trademark notice appears on such reproductions. No reproduction of any part of this application may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or application.

The trademarks, logos, characters and service marks (collectively "Trademarks") displayed on this application belong to Société des Produits Nestlé S.A. part of the Nestlé Group. Nothing contained on this application should be construed as granting any license or right to use any Trademark displayed on this application. Your use/misuse of the Trademarks displayed on this application, or on any other content on this application, except as provided for in these Terms and Conditions, is strictly prohibited. You are also advised that the Nestlé Group will vigorously enforce its intellectual property rights to the fullest extent of the law.

Term and Termination.

The OptiJourney App is available for use by Programme participants until 31 January 2020. However, the live coaching, coaching content and associated emails will only be available until 31 December 2019. Thereafter, advice and support continues to be available on:

We are entitled to disable the Optijourney application, or to modify the functionalities, in our sole discretion at any time and without further notice to you. Further, we reserve the right to restrict, suspend or terminate without notice your access to this website or any feature of this website or any feature or part thereof at any time.

If we determine in our sole discretion that you have in anyway breached these Terms and Conditions, we reserve the right to block your access, delete your account, delete your User Content and/or otherwise block any and all current or future use of the application, without further notice to you.

Changes to the Terms and Conditions

We may change these Terms and Conditions at any time and without prior notice. All such changes to these Terms and Conditions will be posted on the application, and by using the application after the posting of any changes you agree to accept any changes. If at any time you choose not to accept these Terms and Conditions, do not access or use the application.

Application Privacy Policy

Use of this application and any personal information or material sent to this application is subject to the Nestlé OptiJourney Privacy Notice. We encourage you to read the Privacy Notice and refer to it before you submit any personal information. The Privacy Notice forms part of these Terms and Conditions.

Jurisdiction and governing law

The Nestlé Group products, materials, offers and information appearing on this application are intended for United Kingdom users and/or customers only. The Nestlé Group makes no representation that the products and the content of this application are appropriate or available in locations other than the United Kingdom.

You and the Nestlé Group agree that any controversy or claim arising from or pertaining to the use of this application shall be governed by English law and be submitted to the exclusive jurisdiction of the courts of England and Wales. Changes to the Terms and Conditions