TERMS AND CONDITIONS OF ACCESS AND USE GENERAL

Fernleaf is owned and operated by Fonterra Co-operative Group Limited (“Fonterra”). Please read the Fernleaf (“Fernleaf”, “us”, “we”, or “our”) website (“Site”) terms and conditions (“Terms”). Use of our Site is subject to the following Terms and all applicable laws. By accessing and browsing the Site, you represent that you have read, understood and accepted these Terms.

Fonterra reserves the right to vary these Terms at any time. Using the Site after the Terms have changed means you accept the changed Terms. If you agree to be bound by these Terms you may use the Site, otherwise you should not.

The current version of the Terms will be maintained on the Site. You may not create a link from any other website to any part of this Site, other than the homepage, without our express consent. If you link to this Site, it is at your own risk.

The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms.

JURISDICTION

This Site is operated and controlled from Fonterra’s offices in Malaysia.

The Site, its services and the products described on the Site are intended for use by residents of Malaysia only.

We make no representation that the materials on, or products available through, this Site are appropriate or available for use in other jurisdictions. Access to this Site from jurisdictions where those material or products are illegal or restricted is prohibited.

If you use this Site from outside Malaysia, you are responsible for complying with any applicable laws. These Terms will be interpreted in accordance with, and governed by, the laws of Malaysia.

INTELLECTUAL PROPERTY

All intellectual property rights (including, without limitation, copyright and trade mark rights) in all materials displayed or available on this Site belong to Fonterra unless otherwise stated. If the owner of any material published on this Site is not Fonterra, your rights in respect of that material will be as defined by the copyright owner of the material concerned.

Unless otherwise stated, you are permitted to copy text published by Fonterra on this Site for your own non-commercial use only, provided you retain and display any copyright notice applying to the material. Individual items may have more specific terms and conditions associated with them, in which case those terms and conditions will apply to that item in place of this general permission.

Except as set out above, all rights to the Site (including rights in text, graphics, selection, arrangement and overall website design) are reserved and no right or license is granted or implied under any copyright, patent, trade mark or other intellectual property right of Fonterra or any other party as a consequence of the publication of any material on this Site. No material from this Site (except for media releases published in the Newsroom) may be reproduced, adapted or distributed, in whole or in part, or on any media without written permission (which includes email) from Fonterra.

LIMITATIONS ON ACCESS

Except as otherwise expressly permitted by Fonterra, any access or attempt to access other areas of the Fonterra computer system or other information contained on the system for any purpose is strictly prohibited. You agree that you will not use any robot, spider, other automatic or manual process or device to “screen scrape”, monitor “mine”, or copy web pages on the Site or the content contained therein without Fonterra’s express written permission. You will not spam any other user of the Site for any reason. You agree that you will not use any devices, software or routine to interfere or attempt to interfere with the proper working of the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on Fonterra’s infrastructure. You may not use framing techniques to enclose any Fonterra trade mark, logo, trade name or other proprietary information, including images, frames, content, or layout/design found on any page of the Site without Fonterra’s express written consent.

DISCLAIMER

Fonterra endeavours to ensure that the information on this Site is accurate and current, but does not accept liability for any error or omission. Your use of the Site is at your own risk.

The materials, products and information in, or available through, this Site are provided “as is” and “as available”. All warranties, whether express or implied, as to the accuracy or completeness of the information contained on this Site or in respect of any products or materials referred to on this Site are excluded to the fullest extent permitted by law.

Links on this Site may lead to other websites and some information on this Site may be provided by third parties. Fonterra accepts no responsibility for the currency or accuracy of such information. You should verify such information with those third parties directly. Inclusion on the Site of any link to another website, or any reference to any product or service by trade name, trade mark, manufacturer or otherwise does not constitute or imply an endorsement or recommendation by Fonterra. Access to other sites linked to this Site is at your own risk, and we disclaim all liability with regard to your access to such link Sites.

While we try very hard to keep information and materials on the Site secure and confidential, we are not responsible for any breach of security, which is out of our control. We do not warrant that the Site is completely secure.

HEALTH DISCLAIMER

The information (including, without limitation, advice and recommendations) and services on the Site are intended solely as a general educational aid and are neither medical nor healthcare advice for any individual problem nor a substitute for medical or other professional advice and services from a qualified healthcare provider familiar with your unique facts and health background. Always seek the advice of your physician or other qualified healthcare provider regarding any medical condition and especially before starting any new treatment. Nothing contained in this Site is intended to be used for medical diagnosis or treatment. The information, services and products are provided with the understanding that neither we nor our suppliers or users are engaged in rendering legal, medical, counselling, or other professional services or advice. To the fullest extent permitted by law, we assume no responsibility for any consequence relating directly or indirectly to any action or inaction you take based on the information, services, or other material on the Site, or products available through the Site.

CONTENT DISCLAIMER

We do not and cannot in any way supervise, edit or control the way in which you or other users use the content, information or other material accessed through the Site.

To the fullest extent permitted by law, we will not be held responsible in any way for the content, information or other material accessed or provided by means of the Site. You are responsible for all content, information or other material that you upload, post, email or otherwise transmit, access or make available through the use of the Site.

POSTINGS

Where you post, upload, email or otherwise transmit any text, pictures, photographs or any other materials (“Content”) to the Site, you acknowledge that such Content is available to be viewed by other visitors to the Site.

Statements made by you in such Content do not express Fonterra’s views. In particular, we believe in the World Health Organisation’s recommendation that “breast milk is the best for babies up to 1 year old”.

DISCLAIMER CONCERNING DISCUSSION GROUPS AND OTHER COMMUNITY ACTIVITIES

Although we may from time to time monitor or review the discussions, chats, postings, photo albums, transmissions, bulletin boards or other communication facilities designed to enable you to communicate with others (“Community Activities”) on this Site, we are under no obligation to do so and assume no responsibility or liability arising from Community Activities contained in our Site, or for any error, defamation, libel, slander, omission, falsehood, false or misleading statement or conduct, obscenity, pornography, profanity, danger or inaccuracy, infringing or unlawful matter contained in any information within our Site. However, we reserve the right at all times to review messages and materials transmitted and accessed through Community Activities and to disclose any information as we deem necessary to satisfy any applicable law, regulation, legal process, governmental request or code. We reserve the right to terminate your use of and access to any or all of the Community Activities at any time, without no tice, for any reason whatsoever.

We do not monitor or review the content of any off-Site pages or any other sites linked to our Site and assume no responsibility or liability arising from the contents of such off-Site pages or sites, or for any error, defamation, libel, slander, omission, falsehood, false or misleading statement or conduct, obscenity, pornography, profanity, danger or inaccuracy, infringing or unlawful matter contained in any information on such off-Site pages or sites.

We may require you to edit, delete or cease any future publication of any material or communication by you through the Site, which we consider to be unauthorised, misleading, objectionable, restricted, defamatory, illegal, inappropriate or contrary to these Terms of Access. If you do not do so to our satisfaction, we may edit, delete, block or disconnect that material or communication ourselves.

You shall not post or transmit any unlawful, infringing, threatening, libellous, defamatory, obscene, inflammatory, pornographic, profane material or any material that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, would breach any third party intellectual property rights or would otherwise violate the law.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING:

• You must not use the Site to transmit any unsolicited commercial e-mail, unsolicited bulk e-mail or deliberately send very large attachments to one recipient.
• You may not attempt to gain unauthorised access to, or attempt to interfere with or compromise the normal functioning, operation, or security of any network, system, computing facility, equipment, data, or information. You may not use the Site to engage in any activities that may interfere with the ability of others to access or use the Site or the Internet
• You may not use the Site to monitor any data, information, or communications on any network or system without authorisation nor collect, or attempt to collect, personal information about third parties without their knowledge or consent.

USE OF INFORMATION SUPPLIED BY YOU

All product or advertising suggestions or ideas, or other information communicated to Fonterra through this Site shall be treated as non-confidential and non-proprietary to you. All such information will become the exclusive property of Fonterra for any purpose whatsoever, commercial or otherwise, without notice or compensation to you.

FONTERRA’S LIABILITY

In no event will Fonterra be liable, in contract, tort (including negligence or breach of statutory duty) or otherwise for any:

• damages (direct, incidental, special, consequential, indirect or punitive) of any nature whatsoever;
• increased costs or expenses; or
• loss of profit, business, contracts, revenues or anticipated savings, arising out of or in connection with your use of (or inability to use) this Site, any linked website, or any material contained on them.

You agree that if we are held responsible for any damage or loss, Fonterra’s total liability to you for all damages, losses, and causes of action (whether in tort, including but not limited to negligence, contract, or otherwise) will not exceed the amount paid by you, if any, for accessing this Site.

INDEMNITY

You agree to indemnify us and keep us fully indemnified against all actions, proceedings, losses (including economic loss and loss of profits), liabilities, damages, claims, demands, costs and expenses (including legal costs on a solicitor-client basis) suffered or incurred by us, whether or not foreseeable, direct, incidental, special, consequential or indirect as a result of or in connection with any act or omission of yours or breach of any of these Terms, or in relation to any claim brought by a third party for breach of intellectual property rights.

Where required by us, you agree to render all necessary assistance in the defence or settlement of any such action including joining the action as a co-defendant.

USE AND DISCLOSURE

Fonterra will hold and use any personal information collected for the purposes set out in this Privacy Policy, for any purpose disclosed at the time of collection or for related purposes. Any personal information given to us may be forwarded or sent to a jurisdiction outside Malaysia for the purposes set out herein.

Generally we will only use or disclose your personal information as follows:

• To provide the product or service you have requested or to answer your inquiry;
• To third parties where we have retained those third parties to assist us to provide the products or services you have requested. For example, we have contracts with third parties to assist us with functions such as mail-outs;
• To different entities within Fonterra, to enable the development and marketing of other products and services and to improve our customer service in general;
• For direct marketing of products or services. If we contact you in this way without obtaining your prior consent, we will provide you with the opportunity to decline any further marketing communications; or

Where otherwise legally permitted.

CONFIDENTIALITY

We will ensure that the information you provide is kept confidential and is not released to third parties not described in this policy, except where we are required to do so by law, or where you have consented to such release.

SEVERABILITY

If any provision of the Terms is held to be unenforceable, in whole or in part, such holding will not affect the validity of the other provisions of these Terms.