1. All information (“Information”) which you read or see at this Site is protected by copyright or other intellectual property laws. The content (“Content”) is owned by Church and Dwight (Australia) Pty Ltd, its affiliates, or other third parties from whom C&D has received certain legal rights. You may not report, modify, publish, sell, reproduce, distribute, post, display, transmit, upload, communicate to the public, or in any way exploit any of this Site’s Contents for commercial purposes, unless you have obtained the prior written consent of C&D, which C&D may grant or withhold in C&D’s absolute discretion. You may, if you wish, download and retain on a disk or in hard drive form a single copy of the Contents of this Site for personal, non-commercial purposes as long as you do not remove any copyright or other proprietary notices. You will not download any Information or Content from any part of the Site, if you are aware, or reasonably ought to be aware (including taking into account the purpose for which you wish to download or use the Information or Content), that the Information or Content should not, or was not intended to, be downloaded or distributed by you.
2. As a condition of your use of the Site, you agree to abide by all applicable laws and regulations, and to conduct yourself in accordance with the terms and conditions contained on this Site. Specifically, and without limitation, you agree not to:
- use the Site to defame, abuse, harass, stalk, threaten or otherwise offend others;
- disseminate (e-mail or otherwise) any material which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
- use any address harvesting software or automated scripting tool software;
- engage in chain letters, unsolicited e-mailing or spamming via C&D’s tools;
- impersonate any person or entity;
- use (upload, post, e-mail, transmit) C&D’s web applications and Site Contents in ways that you do not have a right to under any law or contractual obligation;
- interrupt or attempt to interrupt the operation of this Site in any way.
3. You agree to indemnify and will keep C&D and its affiliated companies and their officers, agents and employees indemnified against any claim, demand, injury, direct or indirect damage, loss or cost, liability, right of action or claim for compensation in contract, under statute or in tort (including in respect of any negligent, reckless or wilful act by you) made against or suffered by any one or more of them in connection with your use of this Site or any Site linked to this Site, your failure to use this Site or any Site linked to this Site, your breach of this Agreement or your breach or violation of any rights of third parties.
4. While C&D has made reasonable efforts to include Information at this Site which is accurate and timely, the Information and Content is provided “as is”, “as available” basis and is subject to change without notice. To the extent permitted by law C&D makes no representations or warranties as to the accuracy or reliability of such Information or Content and specifically, C&D will not be liable or responsible for any errors or omissions in the Information or the Content on this Site or any loss or damage you may suffer as a result of relying on the Information or Content on this Site. Moreover, C&D neither warrants nor represents that your use of the Information or the Content will not infringe the rights of third parties who are not affiliated with C&D and will not be liable for any loss or damages which you may suffer as a result of allegations of infringement as a result of your use of that Information or Content. Your access to and use of this Site is at your own risk, and to the extent permitted by law, neither C&D nor any party involved in the creation, transmittal, or maintenance of this Site shall be liable to you in contract, tort (including negligence) or otherwise for any direct, indirect, consequential, incidental or punitive damages of any kind allegedly arising directly or indirectly out of or in connection with your access to, use of, or reliance upon any Information or Content of this Site or the information or content of any site linked to this Site, your use of this Site, your inability to access or use this Site, any computer virus or other harmful component transmitted, any damage that may occur to your computer system, or a failure or omission on the part of C&D to comply with its obligations under this Agreement. To the extent that this limitation of liability clause is subject to warranties that cannot by law be excluded, C&D’s liability for any beach of such warranty (including, but not limited to, any warranties imposed by law in connection with the supply by C&D of goods or services referred to on this Site) in relation to supply by it of goods or services to users is limited to, at C&D’s option, in the case of goods, repair or replacement of the goods or payment for the cost of repair, or in the case of services, resupply of the services or payment of the cost of supplying the services again.
5. You expressly release C&D, its affiliated companies and their officers, agents and employees from all claims whatsoever which you may have against any one or more of them arising out of or connected with any conduct of any one or more of them in relation to any transaction conducted on this Site or any use by you of this Site or the Information or Content contained on it or your use of any site linked to this Site (or information or content contained on a linked site), whether or not the conduct or use is referred to in this Agreement.
6. C&D assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect, your computer equipment resulting from your access to or use of this Site or any site linked to this Site, or the downloading of any Information or Content from this Site or any site linked to this Site.
7. The trademarks, service marks, trade names, logos and icons (“Trademarks”) displayed throughout the Site registered or unregistered trademarks of Church and Dwight.Co.,Inc. or in some cases third party licensors. No license, right or permission is granted to you for any use of the Trademarks by you or anyone authorised by you. The use or misuse of the Trademarks or any other Content on this Site is strictly prohibited and C&D will aggressively enforce its intellectual property rights to the fullest extent of the law.
8. The pictures and images of people, products, places or things displayed on this Site are either the property of C&D or are used with the permission of third parties. Any use of such pictures or images by you or anyone authorised or affiliated with you is strictly prohibited. Unauthorized uses of pictures and images may violate copyright or trademark laws, privacy laws, communication laws or regulations, and other laws or regulations.
9. Descriptions of C&D’s products contained within the Site shall not constitute product labelling. You should use C&D’s products in accordance with the instructions contained on the cartons and labels found on those products in the country of purchase. Any pictures and descriptions contained on this Site are provided by way of indication only and may not correspond to the actual products available in Australia.
10. Use of this Site is restricted to residents of Australia who are currently located in Australia. Residents of all other countries (including, but not limited to, persons located in countries which are subject to US trade embargo laws and regulations) are prohibited from accessing this Site and are asked to promptly exit at this time. C&D does not warrant that the Content of this Site complies with the laws of a jurisdiction outside of Australia.
11. While this Site may contain information relating to various medical, health and fitness conditions and their treatment, this Site does not provide medical advice. The contents of the Site are for informational purposes only and are not meant to be a substitute for the advice provided by your own physician or other qualified medical professional. Always seek the advice of your physician or other qualified medical professional for any questions you have regarding a medical condition.
13. C&D has not reviewed all of the sites which are linked to this Site. No inference or assumption should be made and no representation should be implied that C&D is connected with, operates, monitors, or controls these web sites or that C&D endorses the views expressed by, or the content of, any linked web sites. C&D is not responsible for the content of such linked sites and your linking to such sites is at your own risk.
14. C&D reserves the right to alter or delete any material from the Information or Content of this Site at any time. C&D further reserves the right to discontinue this Site at any time and without notice.
17. This Agreement shall be governed by and construed in accordance with the laws of the State of New South Wales, Australia. You agree that the courts exercising jurisdiction in New South Wales will have the exclusive jurisdiction to resolve all disputes arising from this Site or this Agreement, and you agree to submit to the jurisdiction of those courts.
18. If you have questions or concerns regarding this Agreement, you may write to us at:
Church & Dwight (Australia) Pty Ltd
PO Box 6369
Frenchs Forest NSW 2086