Last updated August 2013
Acknowledgement and Acceptance
Using the Sites
2. In order to use certain features of the Sites, you may have to register and create an account with C&D. You are responsible for maintaining the confidentiality of any passwords associated with your account, monitor all activity under the account, and assume full responsibility for all activities that occur under your account. C&D reserves the right to suspend or terminate your account at any time and shall incur no liability for such suspension or termination.
i. violate any laws;
ii. defame, abuse, harass, stalk, threaten or otherwise offend others;
iii. disseminate (e-mail or otherwise) any material, which is unlawful, abusive, obscene, pornographic, defamatory, discriminatory, harassing, grossly offensive, vulgar, threatening or malicious;
iv. use any address harvesting software or automated scripting tool software;
v. use any robot, spider, scraper or other automated means to access the Sites and collect content for any purpose without our express written permission;
vi. engage in chain letters, scams, pyramid schemes, unsolicited e-mailing or spamming via C&D’s tools;
vii. impersonate any person or entity or act in any way that is false or misleading;
viii. use (upload, post, e-mail, transmit) C&D Sites content in way that you do not have a right to under any law or contractual obligation;
ix. distribute viruses or any other technologies that may harm the Sites, the interests or property of C&D or other users;
x. interrupt or attempt to interrupt the operation of the Sites in any way;
xi. imposes an unreasonable load on our infrastructure or interferes with the proper working of the Sites;
xii. copies, modifies, or distributes any other person's content without their consent;
xiii. bypasses measures used to prevent or restrict access to the Sites; or
xiv. iIn any way makes available using the Sites any material that you do not have a right to make available or which contains viruses or other computer codes, files or programmes designed to interrupt, limit or destroy the functionality of other computer software or hardware.
4. You are solely responsible for any content that you create, transmit or display on the Sites and for the consequences of your actions (including any loss or damage that C&D or any third party could suffer) by doing so.
6. C&D may make improvements or changes in the information, services, products, and other materials displayed on the Sites, or terminate the Sites, at any time without notice. C&D may modify the Sites Terms at any time, and such modifications will take effect immediately upon posting of the modified Terms on the Sites. Accordingly, you agree to read the Terms on a regular basis, and your continued access or use of the Sites will be deemed to be your acceptance of the modified Terms.
7. If you upload content, you must include the author and source of the content and ensure you have obtained the necessary rights to use the material in the way in which it is being used;
8. You agree to indemnify us against all liability claims or proceedings whatsoever arising from your publishing the content by uploading it onto the Sites in relation to defamation, breach of copyright, trade mark infringement, unfair competition, trade practices, royalties, violation of rights or privacy;
9. You warrant that the content is legally compliant and that its publication does not give rise to any rights against or liabilities against C&D, including anything that is capable of a breach of the Australian Competition and Consumer Law Act 2010 or relevant legislation.
10. If you post materials to or links from the Sites that infringes any third party rights, you indemnify C&D against any loss, liability, damage, cost (including C&D’s reasonable legal costs) or expense arising out of or in connection with any failure on your part to obtain any necessary rights, consents, licenses or permissions or your conduct on the Websites.
11. Use of the Sites is restricted to residents of Australia who are currently located in Australia. C&D does not warrant that the content of the Sites complies with the laws of a jurisdiction outside of Australia.
12. While the Sites may contain information relating to various medical, health and fitness conditions and their treatment, the Sites do not provide medical advice. The content of the Sites is for informational purposes only and is 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. All information that you read or see on the Sites is protected by copyright or other intellectual property laws. The content is owned by C&D, 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 content of the Sites 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 content of the Sites 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 Sites 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.
14. The trademarks, trade names, slogans, logos and icons (“Trademarks”) displayed throughout the Sites are the Trademarks of Church & Dwight Co., Inc or of its affiliated companies, or 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 the Sites is strictly prohibited and C&D will aggressively enforce its intellectual property rights to the fullest extent of the law.
15. The pictures and images of people, products, places or things displayed on the Sites 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. Unauthorised uses of pictures and images may violate copyright or trademark laws, privacy laws, communication laws or regulations, and other laws or regulations.
Warranties & Limitation of Liability
16. 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 the Sites including any website linked to the Sites, your failure to use the Sites or any website linked to the Sites, your breach of these Terms or your breach or violation of any rights of third parties.
17. While C&D has made reasonable efforts to include Information on the Sites which is accurate and timely, the information and content is provided on a “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 the Sites or any loss or damage you may suffer as a result of relying on the information or content on the Sites. 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 the Sites 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 the Sites 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 the Sites or the information or content of any website linked to the Sites, your use of the Sites, your inability to access or use the Sites, any virus or other harmful component transmitted, any damage that may occur to any computers, mobile phones, tablets or any other devices used to access the Sites (Devices), or a failure or omission on the part of C&D to comply with its obligations under these Terms.
18. To the extent that these limitation of liability clauses are 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 the Sites 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.
19. 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 the Sites or any use by you of the Sites or the information or content contained on it or your use of any website linked to the Sites (or information or content contained on a linked website), whether or not the conduct or use is referred to in these Terms.
20. C&D assumes no responsibility and shall not be liable for any damages to, or any viruses that may infect a Device resulting from your access to or use of the Sites or any website linked to the Sites, or the downloading of any information or content from the Sites any website linked to the Sites.
21. Descriptions of C&D’s products contained within the Sites will 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 the Sites are provided by way of indication only and may not correspond to the actual products available in Australia.
User Generated Content
Third Party Websites
25. C&D has not reviewed all of the websites which are linked to the Sites. No inference or assumption should be made and no representation should be implied that C&D is connected with, operates, monitors, or controls these websites or that C&D endorses the views expressed by, or the content of, any linked websites. C&D is not responsible for the content of such linked websites and your linking to such websites is at your own risk.
26. C&D reserves the right to alter or delete any material from the information or content of the Sites at any time. C&D further reserves the right to discontinue the Sites at any time and without notice.
27. These Terms 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 these Terms, and you agree to submit to the jurisdiction of those courts.
28. If you have questions or concerns regarding these Terms, you may write to us at:
Church & Dwight (Australia) Pty Ltd
PO Box 6369