1 You must access and use the Huggies Forum (“Forum”) only in accordance with these terms and conditions (“Forum Terms and Conditions”) the Site Terms and Conditions and any instructions for use provided or made available by Kimberly-Clark Australia Pty Ltd or its affiliates (“Kimberly-Clark”) from time to time.
2 The Forum is designed for Huggies Baby Club members (“Members”) to express their own thoughts and opinions on pregnancy, birth, and parenting. The thoughts and opinions expressed on this Forum (including the responses in the ‘Huggies Help Panel and the ’Private Message’ area) 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.
3 Without limiting the above, the thoughts or 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”.
4 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.
5 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.
6 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.
7 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).
8 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. 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.
9 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.
10 Members are not allowed to advertise used goods or seek to purchase used goods from other Members. 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.
11 Members are not permitted to post any information to the Forum using multiple usernames to log onto the Forum.
12 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. When responding to posts, Members agree to provide constructive feedback and refrain from making personal criticisms of other Members.
13 Kimberly-Clark may suspend your membership or restrict your access to the Site if you do not comply with these Forum Terms and Conditions. If deemed necessary by Kimberly-Clark, you may be reported to the appropriate authorities.
14 Kimberly-Clark may terminate these Forum 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 these Forum Terms and Conditions will survive.
15 Members also expressly acknowledge and agree that the Huggies Forum is a means of public and not private communication, whereby information and images submitted to the public Forum can be accessed by both Members and the general public. Due care should be taken when sharing private information and images with other Members in both the public Forum and the Private Message area.
17 Kimberly-Clark will not be liable for any injury, loss or damage of any nature whatsoever (including but not limited to indirect or consequential loss) which is suffered or sustained as a result of or in connection with:
(1) receiving, giving or using any opinion, view, advice or other material expressed on the Forum; or
(2) access to or non-access to the Forum or this site,
except for any liability which cannot be excluded by law.
18 If any term, condition, or provision of these Forum 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.