Legal Statement
Important! Please read this legal statement carefully before using this site.
This Site, www.ubykotex.com.au is owned, operated and maintained by KIMBERLY-CLARK CORPORATION 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.
Intellectual Property
All copyright 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. 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
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.
You must not: (1) copy, modify, republish, transmit or distribute the Content in any form unless you receive prior written authorisation from Kimberly-Clark; or (2) use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Kimberly-Clark or which is prohibited by the Terms and Conditions.
Unsolicited Ideas
Kimberly-Clark is eager to receive your comments and answer your questions about our products and our Company. However, we are not seeking, nor can we accept, unsolicited ideas, suggestions or materials relating to the development, design, manufacture or marketing of our products. By adhering to this policy, we hope 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. 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.
Jurisdiction
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.
Disclaimer of Warranties
KIMBERLY-CLARK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT OF THIS SITE. THE TRADE PRACTICES ACT, 1974(CTH) AND CERTAIN CORRESPONDING STATE LEGISLATION AND SIMILAR NEW ZEALAND LEGISLATION IMPLY TERMS, 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 PRESCRIBED TERMS, ALL TERMS, CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED BY CUSTOM, LAW OR STATUTE IN ANY WAY RELATING TO ACCESS TO, OR NON-ACCESS TO, THIS SITE OR YOUR USE OF, OR RELIANCE UPON, THIS SITE OR THE CONTENTS HEREOF ARE HEREBY EXCLUDED. KIMBERLY-CLARK DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY THAT YOUR ACCCESS TO THE SITE (OR ANY SITE LINKED IN ANY WAY TO THIS SITE) WILL BE UNINTERRUPTED OR ERROR FREE. KIMBERLY-CLARK DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE (OR ANY SITE LINKED IN ANY WAY TO THIS SITE) OR THE SERVER WHICH STORES AND TRANSMITS CONTENT TO YOU ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.
Limitation of Liability
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 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. 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. h3. Links Kimberly-Clark disclaims all warranties with regard to the content of or otherwise relating to other web sites or resources linked in any way to this Site. Any links to a third party site 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 the third party site. A link does not indicate, expressly or impliedly, that Kimberly-Clark endorses the 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.
Governing Law
Any disputes relating to the Content or otherwise relating to this Site shall be governed by the laws of the state of New South Wales, Australia.
Privacy
Any personal data you transmit to the Site by electronic mail or otherwise, will be used by Kimberly-Clark in accordance with the Privacy Policy displayed on this Site.
Future Changes
Kimberly-Clark may at any time in its absolute discretion revise this Legal Statement including any or all of the Terms and Conditions. By continuing to use this Site after any revisions are made you are bound by such revisions.
Other
Kimberly-Clark, in its sole discretion, reserves the right to monitor and remove postings and discontinue site availability at any time without notice. If any term, condition, or provision of this Legal Statement 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. This Legal Statement constitutes the entire agreement between you and Kimberly-Clark relating to the subject matter herein.
The advice provided in this material is general in nature and is not intended as medical advice. If you need medical advice, please consult your health care professional.
By using this site, you are acknowledging your consent to the foregoing terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.
