IMPORTANT! PLEASE READ THIS LEGAL STATEMENT CAREFULLY BEFORE USING THIS SITE.
This Site, www.drynites.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 or its affiliates. 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. 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.
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.
Disclosure and Use of Your Communications
Postings to this site and electronic mail delivered to Kimberly-Clark are not confidential and Kimberly-Clark shall not be liable for any use or disclosure thereof. All communications and other materials (including, without limitation, unsolicited ideas, suggestions or materials) you send to this site or to Kimberly-Clark by electronic mail are, and shall remain, the sole and exclusive property of Kimberly-Clark and may be used by Kimberly-Clark for any purpose whatsoever, commercial or otherwise, without compensation. 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 Australia and we make 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 and may not be freely downloaded.
Disclaimer of warranties
Kimberly-clark makes no representations or warranties regarding the accuracy, reliability or completeness of the content. The competition and consumer act 2010 (cth) and corresponding legislation in new zealand 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
(c) the payment of the cost of replacing the goods or acquiring equivalent goods.
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 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.
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.