Nosy Club – Terms and Conditions of Participation

  1. General

a)      The Nosy Club (“Program”) is a continuing education based reward program for selected Australian pharmacy assistants who are invited to participate in The Program by Sanofi-aventis Healthcare Pty Ltd (“Sanofi”).

b)      By agreeing to these terms and conditions you agree to have the Program send correspondence to you in various forms including email to your nominated email address, post and SMS to your nominated mobile phone number.

c)       You can, at any time, visit the 'My Profile’ page and choose to delete your mobile phone number to stop receiving SMS communications. By deleting your email address you agree that you will cease to be a member of the Program and that any accrued points will be forfeited.

d)      The Program operates from 1 January to 31 December of any given year (“Program Period”).  Points can only be accumulated for the Program Period and a member’s point balance will be reset to zero on 31 December of any given year for the subsequent Program Period.

e)      The Nosy Club website (www.nosyclub.com.au) is owned and operated by Sanofi. Your access to the Nosy Club website is subject to the following terms and conditions (and any additional terms and conditions provided to you by Sanofi or posted on the Nosy Club website from time to time).

  1. Hardware Requirements

a)      Most computer systems will be compatible, however, you will be responsible for all hardware costs and other costs incurred in ensuring that your system is compatible with, and able to access the Nosy Club website.

  1. Content and Access

a)      In compiling the information contained on this website, Sanofi has used its best endeavours to ensure that the information is correct and current but takes no responsibility for any error, omission or defect therein.

b)      Sanofi will make every effort to provide a valuable service, however, you expressly understand and agree that use of the Nosy Club website is on an 'as is' and 'as available' basis. Sanofi makes no representation or warranty that the Nosy Club website will meet all of your requirements or that it will be uninterrupted, timely, secure or error-free.

c)       Sanofi may at any time, modify or discontinue (temporarily or permanently) the Nosy Club website (or any part of it) without notice. You agree that Sanofi will not be liable to you or to any third party for any modification, suspension or discontinuance of the Nosy Club website.

d)      Sanofi is not responsible for any problems or technical malfunction of any telephone network or lines, computer on-line systems, servers, or providers, computer equipment, software, technical problems or traffic congestion on the Internet or at any web site, or any combination thereof, including any injury or damage to participants’ or any other person’s computer related to or resulting from participation in or down-loading any materials in the Program.

  1. Conduct

a)      You must not use the Nosy Club website for any activities which breach any laws or infringe a third party's rights or breach any applicable codes of conduct. In addition you must not breach or circumvent or attempt to breach or circumvent the security of the Nosy Club website (including 'hacking').

b)      You must not make available or distribute via the Nosy Club website, any abusive, obscene or defamatory material, material in breach of Schedule 5 of the Broadcasting Services Act 1992, or any material which might result in a claim against Sanofi or any Sanofi Internet Service Provider, or damage or loss to Sanofi or any Sanofi Internet Service Provider including, by way of damage to reputation.

c)       You must not use the Nosy Club website in a way which interferes with other users (for example, sending unsolicited or unwelcome electronic messages).

  1. Earning Points

a)      Points are earned in the Program in various ways as determined from time to time and detailed on the website. Decisions regarding the scoring of answers to training modules and quizzes and the allocation of points to members is at the absolute discretion of Sanofi.

b)      Points cannot be transferred from one participant to another and accumulation of points between different participants is not possible.

c)       Points can only be accrued by pharmacy assistants and store managers.

d)      Reward points have no cash value and accrue in the name of the member who registered and are not transferable.

  1. Claiming Rewards

a)      Valid, accumulated points can be redeemed for awards only during the Program Period.

b)      To claim an award, the member must have accumulated at least the number of points for the award chosen.

c)       Any accrued points remaining at the end of the Program Period will be null and void.

d)      Unless unavailable, awards will be dispatched to the pharmacy address of the member within twenty eight (28) days of claim.

e)      All awards are subject to availability and supplier’s restrictions.

f)       To the extent permitted by law, Sanofi may, without notice, withdraw or substitute any reward for another reward for comparable description, value and nature. Where a suitable alternative is unavailable, the member agrees to withdraw their claim in which case those points will be credited back to the member's total.

g)      Apart from the manufacturer’s standard warranty terms, Sanofi does not accept any liability whatsoever with respect to awards supplied and gives no warranty with respect to the quality of rewards or their suitability for any purpose.

h)      All award descriptions are based on information available at the commencement date of the Program. Installation and/or service are not included with any award.

i)        In the case of goods damaged during transit, Sanofi, at its discretion, may replace the award or repair the items noted as damaged or faulty upon delivery where the Program administrator is notified within seven (7) days of receipt giving full details of damage and the name of the carrier.

  1. Other Rewards

a)      Occasionally other rewards will be given for completion of modules. These may include but are not limited to:

  • Product
  • Gift cards
  • Movie tickets

b)      Rewards will be dispatched on successful completion of applicable modules within 40 days

  1. Warranties and Liabilities

a)      To the maximum extent permitted by law, Sanofi excludes all conditions and warranties express or implied by law and any liability for any loss or damage suffered in connection with the use of the Nosy Club website. If any law prohibits the exclusion of such liability, Sanofi limits its liability, to the extent possible, to the resupply of the relevant information or paying for the relevant information to be resupplied.

b)      You indemnify Sanofi from and against any losses, damages or costs or expenses incurred by Sanofi in connection with your breach of these terms and conditions or any other legal obligation by you, or your use of or conduct on the Nosy Club website (including, but not limited to, unauthorised use of any user ID or password).

  1. Privacy

a)      Sanofi may collect personal information from you in connection with your use of the Nosy Club website. Such information is collected in order to provide the Nosy Club website to you and to improve the Nosy Club website. In all cases, your personal information (name, address, contact details, logon username and password) will be held by Sanofi in the accordance with its Privacy Policy.

b)      Sanofi will use its best endeavours to ensure that any data held is secure. However, you must be aware that no data transmission over the Internet can be guaranteed to be 100% secure. You acknowledge and agree that (and will be responsible for any loss or damage caused by the following):

  • information sent to or from the Nosy Club website may be intercepted, corrupted or modified by third parties;
  • files obtained from or through the Nosy Club website may contain computer viruses or other defects.
  1. Intellectual Property

a)      The material on the Nosy Club website is protected by copyright. You must not reproduce, modify, distribute, link, frame, transmit in any form or by any means, electronic or mechanical, for any purpose, any of the material on this website except with the prior written permission of Sanofi. In addition, you may not use a trademark used on this site without the prior written consent of the trademark's owner.

b)      You grant to Sanofi (and allow Sanofi to grant to any third party) an irrevocable, worldwide, royalty-free licence to copy and adapt any material you provide to the Nosy Club website or generate through the use of the Nosy Club website to the extent necessary for Sanofi to operate the Nosy Club website and to promote the Nosy Club website.

  1. Links to Third Party Websites

a)      The Nosy Club website may contain hyperlinks and other pointers (including for example, banner advertising) to Internet websites operated by third parties. Sanofi does not endorse or approve any material from a third party website and is not responsible for the contents of any linked website (including websites of any related companies to Sanofi) or any hyperlink contained in a linked website. You link to any such website entirely at your own risk.

  1. Customer Account, Password and Security

a)      You may only access the Nosy Club website with the express written (including email) permission of Sanofi.

b)      You agree as part of your access to the Nosy Club website to provide certain current, complete, and accurate information about yourself as required by Sanofi.

c)       The access Sanofi grants you to the Nosy Club website is non-transferable. On receiving access to the Nosy Club website, Sanofi will issue you with a user ID and a password (if applicable). You are entirely responsible for maintaining the confidentiality of your user ID and password and are responsible for any and all activities which occur under your user ID and password. You agree not to pass your user ID and password to unrelated third parties and will immediately notify Sanofi of any unauthorised use of your user ID or any other breach of security of which you become aware.

  1. Termination of Access to the Nosy Club Website

a)      In the event of any breach of these terms and conditions, Sanofi may exercise one or more of the following remedies (in addition to any remedies it may have at law):

  • delay or suspend your access to the Nosy Club website; and
  • issue a notice to you requiring rectification of the breach and, if the breach is not rectified within the time frame specified in the notice, permanently terminate your access to the Nosy Club website.

b)      Notwithstanding clause 12(a), Sanofi may terminate provision of the Nosy Club website to you at any time, at any time without notice.

  1. Modifications to Terms and Conditions

a)      Sanofi reserves the right, at its sole discretion, to change these terms and conditions at any time by posting the changes on the Nosy Club website. Any changes are effective immediately upon posting to the Nosy Club website. Your continued use of the Nosy Club website constitutes your agreement to all such terms and conditions.

  1. Waiver

a)      Sanofi's failure to exercise or enforce any one or more of its rights under these terms and conditions will not constitute a waiver of such rights unless such waiver is granted by Sanofi in writing.

  1. Taxation

a)      Members are not employed by Sanofi and bare the sole responsibility for accounting for income and payment of income tax.

b)      Any tax liability arising from participation in the Program remains the responsibility of the member and independent financial advice should be sought.

c)       Sanofi accepts no liability in respect of tax liability arising from participation in the Program.

  1. Applicable Law

a)      The above terms and conditions are governed by the law in force in the state of New South Wales, and you irrevocably submit to the non-exclusive jurisdiction of the courts of New South Wales.