Lean Cuisine Application – User Terms

Lean Cuisine is a registered trade mark of Société des Produits Nestlé S.A. (“Nestlé”).  The Lean Cuisine application (“the App”) is owned and operated by Vesco Foods Pty Ltd (ABN 23 008 726 878) (“Vesco”, “we” or “us”). Vesco holds the exclusive licence to manufacture and sell Lean Cuisine products in Australia and New Zealand. 

Each reference in these User Terms to “the App” includes all materials that we make available to you on the App. These terms govern your access to and use of the App inclusive of mobile and desktop use. By using the App you agree to comply with these User Terms and our Privacy Policy, which is located at https://www.vescofoods.com.au/privacy-policy/. Please read these terms carefully. If you do not agree to these terms, then you must stop using the App. 

A copy of these User Terms will be available to you on the App at all times. We may revise these terms from time to time without notice if we reasonably consider that such changes:

• are likely to benefit you or have a neutral impact on you; or
• are required by law or necessary for security reasons, to prevent fraud or for technical reasons.

Any such changes will take effect when it is uploaded to the App. For all other changes to these terms, we will provide reasonable prior notice of those changes on the App. Your continued use of the App will be regarded as your acceptance of these terms as amended.

If Vesco ceases to hold the licence to the Lean Cuisine brand for any reason, Vesco may be required to transfer operation of the App to Nestlé and/or any future licensee of the Lean Cuisine brand in order for the App to continue functioning.  In the event that this occurs, you consent to Vesco novating its rights and obligations under these User Terms to Nestlé and/or the future licensee of the Lean Cuisine brand.

1. About the App
   
   1. The App:
      
      1. provides you with an initial personalised nutritional consult, as well as daily and weekly nutritional and fitness and wellbeing consultations;
      2. allows you to set fitness, hydration, meditation and sleep goals and provides updates on your progress towards those goals;
      3. allows you to create meal plans and shopping lists; and
      4. allows you to browse the Lean Cuisine range of products. 
   2. The goal of the App is to encourage a healthy lifestyle.  The meal plans and nutritional information provided in the App have been developed with the guidance of accredited nutritionist and dietician, Susie Burrell.  However, any and all information provided in the App is for informational purposes only and does not constitute advice.  The personalised consultations provided in the App are not intended as a replacement or substitute for any relationship with a health care professional and you should consult a health care professional for advice tailored to your individual needs before making any changes to your physical activity, diet or lifestyle.  To the maximum extent permitted by law, Vesco will not be liable for any loss or damage arising out of any person’s reliance on or use of information provided by the App. 
   3. The App may be modified by us at any time, without notice.
2. User obligations
   
   1. You must comply with any instructions we give you about how to use the App and must not:
      
      1. do anything that interferes with or adversely affects the normal operation of the App (including the ability of other users to access or use the App);
      2. use any robot, spider or other automatic device or manual process to monitor, copy or extract any web pages or any materials on the App;
      3. reverse engineer, reverse assemble or otherwise attempt to discover source code or other arithmetical formula in respect of the software underlying the infrastructure of the App; and
      4. take any steps to obtain unauthorised access to the App or any parts thereof that are not opened to public access.
   2. You are responsible for ensuring the security of the systems and devices that you use to access the App, including through use of appropriate virus-checking and other security software.
   3. You may need to register an account in order to gain access to certain parts of the App. You are responsible for keeping any log-in details confidential so they cannot be used without your permission. You will be responsible for any use of the App by anyone using your log-in details.
3. Intellectual Property
   
   1. All of the copyright and intellectual property rights subsisting in the App (including the nutritional, wellbeing and fitness information, meal plans, software, design, text, graphics and layout) (“Materials”) are owned or licensed by us.
   2. We grant you a non-exclusive, worldwide, revocable, non-sublicensable and non-transferable licence to download, store, view, reproduce and display the Materials (excluding any software code) solely for your personal, non-commercial use in connection with viewing and using the App. You must not sell, reproduce, distribute, modify or adapt the App or its Materials (including any software code).
4. Privacy
   
   1. We need certain personal information about you to provide services through the App and to improve the App, including information that we collect from you through your use of the App (such as your nutritional, fitness, hydration, meditation and sleep information and your personal information provided to create an account). Our Privacy Policy contains information about how we will treat your personal information as you access and use the App. You can access our Privacy Policy at https://www.vescofoods.com.au/privacy-policy/.
   2. If Vesco ceases to hold the licence to the Lean Cuisine brand for any reason, Vesco may be required to transfer operation of the App to Nestlé and/or any future licensee of the Lean Cuisine brand in order for the App to continue functioning.  In the event that this occurs, you consent to Vesco transferring any personal information collected from you through your use of the App (including sensitive information) to Nestlé and/or the future licensee of the Lean Cuisine brand, provided that the party receiving your personal information agrees to handle your personal information in accordance with the Privacy Act 1988 (Cth) and only for the purpose of providing you services through the App.  Vesco will provide you with reasonable written notice prior to transferring any of your personal information in accordance with this clause and you may revoke consent at any time by notifying Vesco’s privacy officer on +61 8 9273 6100 or privacy@vescofoods.com.au.
5. Liability
   
   1. While we will use reasonable care and skill in operating the App, we cannot guarantee that the App will always be available or completely free of faults or errors.
   2. To the maximum extent permitted by law, except as expressly set out in these terms of use, we exclude:
      
      1. all conditions, representations, warranties and statutory guarantees, whether express or implied, in relation to the App; and
      2. any liability (whether in contract, tort (including negligence), or otherwise) for any indirect or consequential loss, damage or expense incurred by you or any other user in connection with the App.
   3. To the extent we are unable by law to exclude any implied condition, representation, warranty or statutory guarantee in relation to the provision of goods or services through the App, our liability for a breach is limited to the re-supply of those goods or services, or payment for such re-supply.
6. Rights to suspend or terminate access
   
   1. We may suspend, terminate or block your access to all or any part of the App at any time and without prior notice.
   2. The provisions of these terms regarding intellectual property, privacy and liability survive termination or the end of your use of the App.
7. Governing law
   
   1. These terms of use are governed by the laws in force in New South Wales, Australia and will be subject to the non-exclusive jurisdiction of the courts in that place.
8. Contact Us

You can contact Vesco at the contact details below at any time:

lean.cuisine@vescofoods.com.au

Last updated Thursday, 17 September 2020