Huggies Site Terms and Conditions
IMPORTANT! PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.
1 This Site, www.huggies.com.au, is owned, operated and maintained by Kimberly-Clark Australia Pty Limited or its affiliates (“Kimberly-Clark”) and has been created for your information, education, entertainment and communication. Your access to and use of this Site is conditional upon your acceptance of and compliance with the terms and conditions contained in this document (“Terms and Conditions”). By accessing and browsing the Site you accept, without qualification or limitation, these Terms and Conditions.
2 Kimberly-Clark may at any time in its absolute discretion revise these Terms and Conditions. By continuing to use this Site after any revisions are made you are bound by such revisions.
3 Your use of some parts or features of the Site may be governed by additional terms and conditions. Where this is the case those additional terms and conditions:
(1) will apply to your use of such parts of the Site or features in addition to these terms and conditions; and
(2) will prevail over these terms and conditions to the extent of any inconsistency.
4 All intellectual property in any information, text, materials, graphics and software (“Content”) on this Site is owned by Kimberly-Clark. The Content is protected by both Australian and International copyright laws.
5 All names, logos and trademarks are the property of Kimberly-Clark. Nothing contained on the Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the prior express written permission of Kimberly-Clark.
Restrictions on Use
6 This Site is available only for your personal, non-commercial use (except as permitted in the ‘Promoting your Business’ section). You may:
(1) print copies of the Content for your personal use only;
(2) store the files on your own computer for your personal use only;
(3) reference hypertext documents on this server from your own documents; and
(4) if you are an Internet Service Provider, supply the Content to your subscribers.
7 You must not copy, modify, republish, transmit or distribute the Content in any form unless you receive prior written authorisation from Kimberly-Clark. You must not use the Site in any manner or for any purpose that is unlawful, or in any manner that violates any right of Kimberly-Clark, or that is prohibited by the Terms and Conditions. In particular it is a condition of your use of and/or access to the Site that you do NOT do any of the following:
(1) disrupt or interfere with the Site or any servers, software, hardware or equipment connected to or via the Site;
(2) restrict or inhibit any other user from using or enjoying the Site;
(3) distribute or transmit any Content of any kind which contains a virus or other harmful component;
(4) violate any Applicable Law relating to your use of the Site.
8 In these Terms and Conditions, (“Applicable Law”) in relation to any person, action or thing means the following in relation to that person, action or thing:
(1) any law, rule or regulation of any country (or political sub-division of a country);
(2) any obligation under any licence in any country (or political sub-division of a country);
(3) any lawful and binding determination, decision or direction of a regulator in any country (or political sub-division of a country).
9 You must access and use the Huggies Forum (“Forum”) only in accordance with any instructions for use provided or made available by Kimberly-Clark from time to time.
10 The Forum is designed for Huggies Baby Club members (“Members”) to express their own thoughts and opinions on pregnancy, birth, and parenting. All thoughts and opinions expressed on the Forum are the thoughts and opinions of the participants and not those of Kimberly-Clark. Kimberly-Clark does not endorse or support any posted thoughts or opinions or guarantee the accuracy of any of the information or facts appearing on the Forum.
11 Without limiting the above, the thoughts and opinions expressed are not those of the medical profession. If you have any queries or concerns or require any further professional advice about any of the material appearing on the Forum, you should consult your doctor or health care professional. This includes any information provided in the “Huggies Help Panel”.
12 Messages sent via the Private Message area are intended for the recipient only. They are not to be copied into the public areas of the Forum. However they may be passed on to Kimberly-Clark or the moderator of the Forum for review.
13 Kimberly-Clark reserves the right to move and lock threads and generally manage the structure of the information on the Forum as it sees fit.
14 The ‘Promote Your Business’ forum is the only place where Members may provide details of their business. All posts in this section will be moderated and approved at the sole discretion of Kimberly-Clark.
15 Members are not allowed to request information from other Members that will be used for the purpose of research, academic study or publication without first seeking the permission of the site administrators.
16 Members are not permitted to post any information to the Forum using multiple usernames to log onto the Forum.
17 The Report function, the Contact A Moderator function and the Customer Advisory Service are the only avenues for Members to report or discuss objectionable behaviour by other Members. Any discussions of this nature taking place on the public Forum will be removed.
18 Please refer to the Forum Terms and Conditions for further terms and conditions that also govern your use of the Forum.
19 In respect of data, text, emails, files, names, likenesses, logos, artwork, graphics, images, video, audio, HTML or other web design code, image maps, software applications and other content or material uploaded, sent or communicated by you or on your behalf to the Site or the Forum (“User-Generated Content”), you acknowledge and agree that you are responsible for:
(1) the suitability, installation, configuration, uploading, downloading, use, operation, communication, accuracy and legality of the User-Generated Content, and that Kimberly-Clark does not monitor, install, configure, download, review, authorise, edit or alter User-Generated Content; and
(2) the back up of the User-Generated Content and any other date or files, unless otherwise expressly agreed by Kimberly-Clark.
20 You authorise and license Kimberly-Clark to copy, reproduce, communicate, distribute, perform and display the User-Generated Content for the purposes of providing the Forum, Site and any associated services to you.
21 You warrant that the User-Generated Content and your use of the User-Generated Content in the Forum:
(1) complies with all Applicable Laws;
(2) is not obscene, indecent, unsuitable for minors, excessively violent, false, misleading, deceptive, fraudulent or defamatory;
(3) does not infringe any intellectual property rights or other rights of any entity or person;
(4) does not include pornography, nudity, adult sexual content or any sex-related merchandising;
(5) is not damaging to Kimberly-Clark’s servers or any other servers on the internet;
(6) does not contain any promotional material or advertising for commercial purposes or personal financial gain (except as permitted in the ‘Promote Your Business’ forum); and
(7) does not advertise used goods or seek to purchase used goods from other Members; and
(8) does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to Internet sites or providers.
22 Kimberly-Clark may without notice to you remove, amend, alter or deny access to any User-Generated Content or Content in its sole discretion if:
(1) it is required to do so by any Applicable Law or order or judgment of a Court or tribunal of fact or law or other competent body (including any “take down notice” issued under the Broadcasting Services Act 1992 (Cth)); or
(2) in Kimberly-Clark’s opinion any such User-Generated Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable (including if it contains information about brands or alternative product systems which are in competition with Kimberly-Clark or Kimberly-Clark products).
23 Kimberly-Clark is eager to receive your comments and answer your questions. However, Kimberly-Clark is not seeking, and cannot accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of Kimberly-Clark products. By adhering to this policy, Kimberly-Clark hopes to avoid subsequent misunderstandings among members of the public who submit comments or ideas relating to products or concepts developed by Kimberly-Clark’s employees.
24 Should you become employed with Kimberly-Clark, none of the materials provided in this Site constitute or should be considered part or all of an employment contract. Further, the representations made do not constitute guarantees or obligations on the part of Kimberly-Clark.
25 The products referred to in this Site are available in Australia and New Zealand (as indicated) and may not be available in your country. This Site is controlled and operated by Kimberly-Clark from Australia and Kimberly-Clark makes no representation that the information and materials in this Site, including without limitation, the information and other materials promoting the products identified herein, are appropriate or available for use in other locations. Also, some software from this Site may be subject to export controls imposed by the Australian or United States Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which Australia or the United States has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.
26 The Competition and Consumer Act 2010 (Cth) and corresponding legislation in New Zealand, conditions and warranties into some contracts for the supply of goods and services and prohibit the exclusion, restriction and modification of such terms (“Prescribed Terms”). Except as provided by the Prescribed Terms:
(1) this Site, Forum and all Content are provided on an “as is” basis without any warranties of any kind;
(2) all implied warranties of any kind, including but not limited to implied warranties of merchantability and fitness for a particular purpose are expressly disclaimed;
(3) Kimberly-Clark, its directors, employees and suppliers, do not warrant that your access to the Site or Forum will be uninterrupted or that the Site or the Forum will operate error free, that any defects will be corrected or that this Site or the Forum and their servers are free of computer viruses and other harmful data, code, components or other material;
(4) Kimberly-Clark, its directors, employees and suppliers, do not warrant that they will be able to prevent any illegal, harmful or inappropriate use, modification or alteration of the Site or the Forum, or that they will give notice of such use, modification or alteration;
(5) Kimberly-Clark, its directors, employees and suppliers, do not warrant or make any representations about the correctness, accuracy, timeliness, completeness, reliability, quality or otherwise of the Content. The use of the Site, the Forum and the Content is at your own risk. Changes are periodically made to the Site, the Forum and Content and may be made at any time without notice; and
(6) If your use of the Site, the Forum or the Content results in the need for servicing or replacing equipment or data, Kimberly-Clark, its directors, employees and distributors are not responsible for those costs.
27 If a jurisdiction does not allow the exclusion of implied warranties in accordance with clause 26 but allows limitations of a certain maximum extent then Kimberly-Clark limits its warranties to that extent.
Limitation of Liability
28 The information on this site should not replace the expertise of qualified health professionals. If you have any queries or concerns or require any further professional advice about any of the material appearing on the site, you should consult your doctor or health care professional. Always check for relevant credentials when sourcing fitness and health professionals.
29 Except as provided by the Prescribed Terms, Kimberly-Clark shall not be liable for any indirect, incidental, special and/or consequential damages including but not limited to loss of profits arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the Content (including the User-Generated Content) hereof. In addition, Kimberly-Clark has no duty to update this Site or the Content hereof and Kimberly-Clark shall not be liable for any failure to update such information.
30 To the maximum extent permitted by law Kimberly-Clark’s liability for breach of any Prescribed Term is limited at the option of Kimberly-Clark to the following:
(1) in the case of services supplied or offered by Kimberly-Clark:
(a) the supply of the services again; or
(b) the payment of the cost of having services supplied again,
(2) in the case of goods supplied or offered by Kimberly-Clark:
(a) the replacement of the goods; or
(b) the supply of equivalent goods; or
© the payment of the cost of replacing the goods or acquiring equivalent goods.
31 If a jurisdiction does not allow the exclusion or limitation of liability in accordance with paragraph 28 but allows a limitation of a certain maximum extent then liability is limited to that extent.
Links and Advertisements
32 The Site may contain hyperlinks and other pointers to internet websites operated by third parties (“Linked Sites”). Any links are provided for convenience only. Kimberly-Clark is not responsible for and makes no representations concerning the condition and content of, or products offered at any Linked Site. A link does not indicate, expressly or impliedly, that Kimberly-Clark endorses the Linked Site or the products or services offered there. Your access to any Linked Site and use of any products and services offered there is at your own risk.
33 The Site may also contain third party advertisements (that may or may not contain embedded hyperlinks or referral buttons to Linked Sites). The display of such advertising does not in any way imply an endorsement or recommendation by Kimberly-Clark of the relevant advertiser, its products or services or any such Linked Site. You are referred to the relevant advertiser for all information regarding the advertiser and its products and/or services. To the extent permitted by law Kimberly Clark accepts no responsibility for any interaction between you and the relevant third party and is released from any liability arising out of or in any way connected with such interaction.
Breach and Termination
34 Kimberly-Clark may suspend your membership or restrict your access to the Site if you do not comply with these Terms and Conditions. If deemed necessary by Kimberly-Clark, you may be reported to the appropriate authorities.
35 Kimberly-Clark may terminate these Terms and Conditions and your access to the Site, Forum and Content at any time without notice. In the event of termination you must immediately cease accessing and using the Site, Forum and Content and (at Kimberly-Clark’s option) return any hard copies of the Content or destroy any hard copies and any other electronic copies of the Content within your control or possession. All restrictions imposed on you, licences granted by you and all disclaimers, indemnities and limitations of liability set out in the Terms and Conditions will survive.
37 If any term, condition, or provision of these Terms and Conditions is determined to be unlawful, invalid, void, or for any reason unenforceable, the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby. These Terms and Conditions constitute the entire agreement between you and Kimberly-Clark relating to the subject matter herein.
38 The Terms and Conditions are governed by and construed in accordance with the laws of New South Wales, Australia. You irrevocably submit to the exclusive jurisdiction of the courts of New South Wales, Australia.