TERMS OF USE
(Kotex Website App)
Last Updated: February 2022
These Terms of Use ("Terms") apply to your access to and use of this Kotex website application ("App") which is owned, operated and maintained by Kimberly-Clark Trading (M) Sdn Bhd, its affiliates and/or subsidiaries (collectively, "Kimberly-Clark", "we" or "us"). By using and/or registering an account on the App/Site, you confirm that you accept these Terms and that you agree to comply with them.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE APP.
Disclaimer
Information provided and collected herein are intended and strictly only for informational and educational purposes only, and should not be construed as medical advice. If you are worried about your own health or your child’s wellbeing, or have any concerns or questions about the content on this App, seek immediate medical advice by consulting a physician or other healthcare professional. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment because of information on this App. For avoidance of doubt, you should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis or treatment.
Nothing stated or posted on this App is intended to be, and must not be taken to be, the practice of medicine or counselling care. Developments in medical research may impact the health, fitness and/or nutritional topics discussed on this App and no assurance can be given that the information contained in the App will always include the most recent findings or developments with respect to the particular material. Your access or use of this App does not create in any way a physician/patient, or privileged relationship, or any other relationship that would give rise to any duties on our part. We do not recommend and/or endorse any specific tests, physicians, clinics, procedures, opinions, or other information that may appear on this App.
The use of any information provided on this App is solely at your own risk. Kimberly-Clark assumes no liability for the interpretation and/or use of the information contained herein. Further, while due care and caution has been taken to ensure that the content here is free from mistakes or omissions, Kimberly-Clark makes no claims, promises or guarantees about the accuracy, completeness or adequacy of the information here, and to the maximum extent permitted by law, Kimberly-Clark does not accept any liability or responsibility for claims, errors or omissions of the information contained on this App.
No Warranties or Representations
The products referred to in the App are available in Malaysia. We make no representation that the information, products and/or materials in the App, including without limitation the information and other materials promoting the products identified herein, are appropriate or available for use outside Malaysia.
To the maximum extent permissible by law, Kimberly-Clark does not make any warranty that the App will meet your requirements, or that access to the App will be uninterrupted, timely secure or error-free, or that the defects, if any, will be corrected. Kimberly-Clark makes no warranties as to the results that may be obtained from the use of the App or as to the accuracy, quality or reliability of any information obtained through the App. The App and services are provided "as is" and “as available,” with all faults and without warranty or guarantee of any kind to the extent permissible by applicable law.
Further, we do not represent or guarantee that the App will be free from loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and you hereby release us from any liability relating thereto. You are responsible for backing up your own system, including any content acquired through the App; therefore, any material and/or data downloaded or otherwise obtained through the use of the App is used at your own risk and you are solely responsible for any damage to your computer system and/or loss of data that results from the download of such material and/or data.
Registration and Eligibility
In order to use the App, you must create a user account (“Account”). You are responsible for all uses of your Account whether by you or a third party. You should ensure that you use a strong password (if applicable) for your Account and that the details of your password are kept confidential and secure at all times. To the maximum extent permitted by law, we shall not be liable to you for any unauthorised use of your Account resulting from your failure to maintain restricted access to your mobile device or SIM card, the confidentiality or security of your user details or failure to use a strong password.
To create an Account and access the App, you must be and confirm that you are at least 14 years old. If you are a minor between the ages of 14 and 17 years old, your parent or legal guardian must review and accept these Terms on your behalf. We may obtain such acceptance upon registration of an Account prior to first use of the App. The parent or legal guardian takes full responsibility for the minor's use of the App.
We reserve the right to limit the availability of certain content in the App to users according to their age.
Data Privacy
By downloading, installing or using the App and/or by submitting personal data to the Company, you agree to the collection and processing of your personal data in the manner provided for in our Privacy Policy (Kotex Website Application). Our Privacy Policy explains how we process the personal data we collect in connection with your use of the App.
Acceptable Use Restrictions
The App is available only for your personal, non-commercial use and solely in compliance of these Terms. You may not copy, reproduce, republish, post, distribute, transmit or modify in any way all or any part of the App without our prior written approval. Where such written approval is obtained, our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged (except where the content is user-generated).
For clarity, you must not use any part of the content on the App for commercial purposes without obtaining prior written approval or licence to do so from us and/or our licensors.
If you print off, copy, download, share or repost any part of the App in breach of these Terms, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Additionally, you agree NOT to:
- use the App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into the App or any operating system;
- infringe our intellectual property rights or those of any third party in relation to your use of the App;
- transmit any material that is defamatory, offensive, indecent and/or otherwise objectionable in relation to your use of the App;
- use the App in a way that could damage, disable, overburden, impair and/or compromise our systems or security or interfere with other users;
- collect or harvest any information or data from our systems or attempt to decipher any transmissions to or from the servers running the App; and/or
- ·otherwise use the App in a manner which breaches these Terms.
We reserve the right to monitor and remove postings and discontinue availability of the App in our sole discretion at any time and without prior notice.
User Generated Content
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 App ("User Generated Content"), you acknowledge and agree that you are responsible for:- the suitability, installation, configuration, uploading, downloading, use, operation, communication, accuracy and legality of the User Generated Content; and
- the back-up of the User Generated Content and any other date or files, unless otherwise expressly agreed by us.
You grant to us a non-exclusive, worldwide, royalty-free, transferable, sub-licensable licence to use, reproduce, publish, distribute, perform, adapt, amend, enhance and communicate such User Generated Content from time to time to such persons as we determine for any purpose relating to the App and our business from time to time, in accordance with our Privacy Policy.
You warrant that the User Generated Content and your use of the same:
- complies with all applicable laws;
- is not obscene, indecent, excessively violent, false, misleading, deceptive, fraudulent or defamatory;
- does not infringe any intellectual property rights or other rights of any entity or person;
- does not include pornography, nudity, or any sex-related merchandising;
- is not damaging to our servers or any other servers on the internet;
- does not contain any promotional material or advertising for commercial purposes or personal financial gain;
- does not advertise used goods or seek to purchase used goods from other users of the App; and
- does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to internet applications/websites or providers.
We may without notice to you remove or deny access to any User Generated Content in our sole discretion if:
- we are 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);
- in our opinion any such User Generated Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable; or
- any of the warranties set out above have been breached (or are suspected or alleged to have been breached).
If you wish to complain about content uploaded by other users, please contact us on [email protected].
Intellectual Property Rights
All intellectual property rights and other rights in or to the App and any content, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software of either, created, produced, made available by or on behalf of Kimberly-Clark and its licensors, belong to and remain at all times with Kimberly-Clark and its licensors and is protected by applicable intellectual property and other laws. Save as expressly set out in these Terms, you shall not obtain (i) any rights in or to our intellectual property rights, or (ii) any intellectual property rights and other rights in or to the App or any contents. Kimberly-Clark's name, the App name, our logo and other trademarks, service marks, graphics, and logos used in connection with the App are trademarks or registered trademarks of Kimberly-Clark. You are granted no right or license with respect to any of the aforesaid trademarks. No transfer of ownership or right to access or use any source code related to the App is granted by us.
We grant you a non-exclusive, non-transferable, revocable licence ("Licence") to download, install and use the App, and any updates to it provided by us or any third party service providers from time to time, for your personal use only on a compatible mobile device owned or controlled by you in accordance with these Terms. If you breach any provision of these Terms, such Licence shall automatically terminate. Where the Licence is terminated, you agree to immediately cease using and accessing the App and to delete any copies of the App held by you.
Suspension and Termination
We reserve the right to suspend or terminate your access to the App at any time without prior notice to you, including if you have failed to comply with any of the provisions of these Terms, or if activities occur on your Account which would or might cause damage to or impair the services and/or App or infringe or violate any third party rights (including intellectual property rights), or violate any applicable laws or regulations. Termination of your Account also entails the termination of the Licence to use the App, or any part thereof.
To the maximum extent permitted by law, we reserve the right to discontinue any or all parts of the App at any time in our sole discretion, for any reason, or for no reason, with or without prior notice.
Cookies
We may use cookies to distinguish you from other users of the App and to remember your preferences. This helps us to provide you with a good experience when you use the App and also allows us to improve the App.
Tools and Monitoring
You agree to allow us to deploy data analytics tools to monitor the App and the services usage to provide us with information to be used in deciding whether to make changes to the App and the services and to conduct profiling such as marketing profiling. You also agree to the collection and use of technical data and related information—including but not limited to technical information about your device including its system and application software, and peripherals to facilitate the provision of updates, product support, and other services related to the App.
We may take steps as set out in these Terms as we believe are reasonably necessary or appropriate to monitor, enforce or verify your compliance with these Terms.
Third Party Links / Content
Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience only and we have no control over the contents of those sites or resources. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We are not responsible for and make 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 we endorse 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.
Third Party Software
The App may contain various third party software components and services. By using the App, you agree and consent to our use of these third-party software components and services. You are also agreeing to any applicable terms of use, licenses or privacy policies related to that third-party software component and service. A breach of those terms of use, licenses or privacy policies shall be deemed a breach of these Terms.
Liability and Indemnity
To the maximum extent permitted by law, we shall not be liable for any indirect or consequential damages arising out of relating to the use or the inability to use the App, its content or links therein.
You agree fully to indemnify, defend and hold us and our officers, directors, employees and agents harmless from and against all claims, liabilities, damages, losses, costs and expenses, including reasonable legal fees, arising out of any breach of these Terms by you or any other liabilities arising out of (i) your breach of these Terms; (ii) your use of this App including without limitation transmission or placement of information or material by you on this App; and/or (iii) any claim or allegation that any of your information or material infringes the intellectual property or other proprietary rights, or privacy rights, of any third party.
Applicable Law
These Terms and the relationship between you and us, and all transactions and services on the App shall be governed by the laws of Malaysia. You and we agree to submit to the exclusive jurisdiction of the Courts of Malaysia.
Modification
We may amend these Terms from time to time. The “Last Updated” date at the top of these Terms will indicate when the latest changes were made and effected. Your continued use of the App signifies your agreement to be bound by any such modifications or revisions and you should therefore periodically visit these Terms to review the current terms in force at the time of your use. If you do not wish to be bound by the new version of the Terms, you must discontinue accessing and/or using the App.
Updates
From time to time, we have the right (but not obligation) to provide updates (patches, new features, etc.) to the App for free or for a fee. We may require you to download and install the updates or the updated version of the App to continue to use the App. You understand that your access to certain features of the App might be affected by such updates. You acknowledge that the updates of the App may be automatically installed subject to your settings for website. You also agree that we may use background patching to automatically update the App and software with or without notice to you. You also understand that such updates may affect the necessary system specification required to access the App. In such case, you are responsible for any necessary equipment to continue to access the App.
Feedback
We welcome any feedback or suggestions for improvements relating to the App offered by us from time to time (“Feedback”). Where you provide Feedback to us you agree that we shall have a worldwide, royalty-free, perpetual, non-exclusive licence to use such Feedback for such purposes as we see fit from time to time, including, without limitation, to create new, or enhance existing services offered by us, and for consumer communication or product promotion, and we shall not be required to compensate you financially for any such Feedback provided, regardless of how we use this.
Contact Us
If you have any questions or concerns with respect to these Terms and/or the App, you may contact us as follows: Toll-free 1-800-82-1188
General
Entire Agreement: These Terms as amended from time to time constitute the entire agreement between you and us with respect to the App, superseding any prior agreements with respect to the same subject matter between you and us.
Severability: If any provision of these Terms is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in any respect under the law of any competent jurisdiction, then such provision shall (so far as it is invalid or unenforceable) be given no effect and shall be deemed not to be included in these Terms but without invalidating any of the remaining provisions of these Terms. Any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
Assignment: You agree that we may assign, novate, transfer, otherwise dispose of our rights and obligations under these Terms to a third party, in whole or in part, at any time without prior notice to you. You are not entitled to assign, novate, transfer, or otherwise dispose of any rights or obligations under these Terms without our prior written consent. Any attempt to do so without our consent will be void.
Force Majeure: We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.
Waiver: No failure or delay by us in exercising any right or remedy provided by law or under or pursuant to these Terms shall impair such right or remedy or operate or be construed as a waiver or variation of it or preclude its exercise at any subsequent time.
Notice: We may send you a notice with respect to the App by sending an email message to your email address, SMS to your mobile phone number, or a letter via postal mail to your mailing address, or by a posting on the App. We may also contact you by email or push notification to send you additional information about the App. It is your responsibility to check that push notifications are not disabled on your device.