Acceptable Use Policy
Welcome to the Jenny Craig Websites for Jenny Craig Australia (Jenny Australia Site) and Jenny Craig New Zealand (Jenny NZ Site). We may also refer to the Jenny Australia Site and the Jenny NZ Site as a Site, and collectively, as the Sites. Access to a Site is subject to this Acceptable Use Policy. By using a Site (or the Sites), you agree to comply with this Acceptable Use Policy.
Throughout a Site, the term Jenny Craig, Jenny or we refers to Jenny Craig Weight Loss Centres Pty Ltd (ABN 61 006 109 842)(Jenny Australia) or Jenny Craig Weight Loss Centres (NZ) Limited (Company Number 271677)(Jenny New Zealand), as the context requires. You or your refers to any person accessing and/or using a Site. Us refers to both of us.
Changes to terms and conditions of this site
We may vary the terms and conditions of this Acceptable Use Policy at any time by notice to you or by means of a notice on http://www.jennycraig.com.au/acceptable-use-policy if you are viewing the Site from Australia or http://www.jennycraig.co.nz/acceptable-use-policy if you are viewing the Site from New Zealand.
Website Privacy Notice
Intellectual Property Rights
All copyright, trademarks and other intellectual property rights in all proprietary pages, product names, design, images, photographs, videos, text, words or phrases and other material (Content) are the property of Jenny.
All other unregistered and registered trademarks are the property of their respective owners. Nothing contained on a Site should be construed as granting any license to use any trademarks displayed on the Site. Your use/misuse of the trademarks displayed on a Site, or any other Content on a Site including making any modifications to the Content, except as expressly provided for in the Sites is strictly prohibited.
Accuracy, completeness and timeliness of information
Whilst we use all reasonable attempts to ensure the accuracy and completeness of the Content on the Sites, we are not responsible if the Content that we make available is not accurate or complete. Any reliance on the Content shall be at your own risk. You agree that it is your responsibility to monitor any changes to the Content as it may change without notice.
When, at our request, on your own behalf or by use of our Sites you disclose, submit, transmit or offer any non-personal communication or material including information, photos, videos, text, graphics, questions, creative suggestions, messages, comments, feedback, ideas, recipes, notes, articles, stories and other material to a Site (Comments) then is and will be treated as non-confidential and non-proprietary and will become the property of Jenny and may be used for any purpose including (but not limited to) reproduction, disclosure, transmission, publication, broadcasting or posting. Furthermore, Jenny is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in any communication you send to a Site. Any such use is without compensation to the party submitting information.
By submitting information, you are also warranting that you own the material/content submitted, that it is not defamatory and that Jenny’s use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Jenny is under no obligation to use the information submitted.
You further warrant that each person depicted in any form in your Comments has consented to the use of such. You may not upload Comments or otherwise transmit any unsolicited or unauthorised advertising or promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of commercial solicitation or promotion.
Links to other websites
The Sites may contain links to other web sites outside of Jenny. Jenny is not responsible for the function, content, accuracy or opinions expressed in such third party websites. The links are provided in good faith and such websites are not investigated, monitored or checked for accuracy or completeness and Jenny cannot be held responsible for any subsequent changes. The inclusion of any linked websites on a Site does not imply approval or endorsement by Jenny. If you decide to leave a Site or access third-party sites, you do so at your own risk and we recommend that you make yourself aware of, and read carefully, the legal and privacy notices of all other web sites you visit.
Usage of Site
Your use of the Sites is at your own risk. You must exercise judgment and responsibility with respect to your use of our Sites.
You may only access the Sites for lawful, personal and non-commercial use. You are permitted to browse this website, reproduce extracts by way of printing, downloading to a hard disk or for the purposes of distribution to other individuals. This is only to be done on the proviso that you keep intact all copyright and other proprietary notices and that the trademark notice below appears on such reproductions. No reproduction of any part of our Sites may be sold or distributed for commercial gain nor shall it be modified or incorporated in any other work, publication or website.
You are refrained from doing any act that Jenny (at 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 a Site including, but not limited to:
- Any act that would harm others
- Any act which would constitute a breach of either the privacy (including uploading personal information without the concerned individual’s consent) or any other legal rights of individuals
- Any act that would violate any law or regulation governing Jenny’s business or activities, including without limitation the laws and regulations governing unfair competition, false advertising, consumer protection, obscenity or spamming
- Any act that presents a security risk or that may interfere with the operation of a Site
- Any act that infringes another's copyrights, patents, trademarks, service marks, trade names, trade secrets, or other intellectual property rights, or rights of publicity
- Use a Site to libel or defame Jenny, its employees or other individuals or act in such a way that brings into disrepute the good name of Jenny
- Any act that amounts to harassment, misappropriation of trade secrets, intentional misrepresentation or fraud, or wrongful publication of private information
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, profane material, racist, hate speech, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to liability or otherwise violate any law
- Introduce viruses, Trojan horses, worms, or other computer programming routines that may cause damage, interfere with, intercept, or expropriate any system, data, or personal information including through the uploading of files
- Use a Site to gain illegal or unauthorised access to other computers or networks through hacking or other means
- Assist or permit any person to engage in any of the activities described above
Hardware and Software requirements
Each Site has been developed to be compatible using the latest browser technology and we recommend the use of Google Chrome Version 41 or higher (or equivalent). Each Site is also viewable on Mobile Phone and Tablet devices.
Each Site is provided “as is” and “as available” basis and consequently, Jenny gives no warranties of any kind, either expressed or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, satisfactory quality or fitness for a particular purpose including warranties or representations that Content on a Site will be complete, accurate, reliable, timely, or non-infringing to third parties, that access to a Site will be uninterrupted, error free or free from viruses, that a Site will be secure and that any advice or opinion obtained from Jenny through a Site will be accurate or to be relied upon and any representations or warranties thereto are expressly disclaimed.
Restriction, Suspension and Termination
We reserve the right to restrict, suspend or terminate without notice your access to a Site (or the Sites) or any feature of a Site (or the Sites) or part thereof at any time.
Any products appearing on a Site are only visual representations and as such are not in their real size or packaging, for example.
In no event shall Jenny or any of its affiliates, or the officers, directors, employees, shareholders, or agents of each of them, have any liability for damages of any kind, including without limitation any special or punitive, incidental, indirect or direct, or consequential damages including loss of profit or loss of opportunity, costs, losses or liabilities whatsoever or howsoever arising out of your access to, inability to use or change in content of the Sites or arising from any other web site you access through a link on the Sites or to the extent permitted by law, from any actions we take or fail to take as a result of any communication to make with Jenny including whether or not advised of the possibility of such losses or damages.
Jenny (and any other party involved in creating, producing or delivering the Sites) shall have no responsibility to maintain the material and services made available on the Sites or to supply any corrections, updates, or releases in connection therewith. Any material on the Sites is subject to change without notice or otherwise in accordance with the terms and conditions (if any) applicable to the material.
Further, Jenny 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 a Site (or the Sites). If you choose to download material from a Site you do so at your own risk.
To the maximum extent permitted by applicable law, you expressly waive all claims against Jenny, its affiliates and their respective officers, directors, employees, suppliers and programmers that may arise from your use or access of the Sites.
Each Site is intended for users and customers from the country to which the Site relates. For example, the Jenny Australia Site located at http://www.jennycraig.com.au/ is intended for Australian users and customers only and contains material, offers, information and products or services not available in other locations, including New Zealand. Conversely, the Jenny NZ Site located at http://www.jennycraig.co.nz/ is intended for New Zealand users and customers only and contains material, offers, information and products or services not available in other locations, including Australia.
Please contact your local Jenny to obtain more information about material, offers and products and services available in your location.
You and Jenny agree that:
- any controversy or claim arising from or pertaining to the use of the Jenny Australia Site shall be governed by the laws of the State of Victoria, Australia and each of us hereby submits to the non-exclusive jurisdiction of the Courts of the State of Victoria, Australia
- any controversy or claim arising from or pertaining to the use of the Jenny NZ Site shall be governed by the laws of New Zealand and each of us hereby submits to the non-exclusive jurisdiction of the Courts of New Zealand
Copyright ©2015, Jenny Craig Weight Loss Centres Pty Ltd (ABN 61 006 109 842) and Jenny Craig Weight Loss Centres (NZ) Limited (Company Number 271677)
Last Revised June 2015