Terms of use

Terms of use

Important! Please read these Terms of Use carefully before using any of our Platforms.

By using any Kimberly-Clark Australia Pty Limited (“KCA”) website or other online applications or platform (each, a “Platform”), you confirm that you agree to these Terms of Use, any additional terms stipulated on the Platform and to the KCA Privacy Policy (together, our “Platform Terms”). If you do not agree, do not use our Platforms.

You are responsible for ensuring the security of the personal information held on your computer, mobile or other device.

1. Ability to Accept the Platform Terms

The use of the Platforms is restricted to users over the age of 15. By creating a User Account (defined in Section 5 below) or using any of the Platforms you declare that you are at least 15 years old or otherwise have express parental or guardian consent to perform these actions. If in using the Platforms or creating a User Account you provide information relating to your child, who aged under 15, guarantee that you are a parent of the child or other person exercising parental responsibility.

2. Restrictions on Use

These Platforms have been created for your information, education, entertainment and communication, and are available only for your personal, non-commercial use. You may not copy, reproduce, republish, post, distribute, transmit or modify in any way all or any part of the Platforms.

3. Trademark and Copyright Notice

The Platforms and all perceptible components, including without limitation text, images and audio, are copyrighted by Kimberly-Clark Corporation Inc. All names, logos and trademarks are the property of KCA or its affiliates and you may not use any of such materials for any purpose without the express written agreement of KCA.

4. User Submissions

Some or all of the Platforms may permit you or other users to submit images, comments, videos or other communications ("User Submissions") and may also provide for the hosting, sharing, or publishing of such User Submissions.

You agree that KCA has no obligation to post, publish, or use any User Submissions. KCA does not endorse any User Submission or any opinion, recommendation, or advice expressed therein. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them.

KCA reserves the right to remove, modify, limit access to, or control User Submissions without prior notice. KCA also reserves the right to decide whether a User Submission is appropriate and complies with these Terms of Use. KCA may remove User Submissions and/or terminate a User’s access for uploading material in violation of these Terms of Use at any time.

In connection with User Submissions, you represent, warrant, and covenant the following:

  • Your User Submission is truthful and accurate, and not misleading;
  • If our product(s) are mentioned in your User Submission, you are or were a bona fide user or owner of the KCA product(s) mentioned, and your User Submission reflects your true and honest opinion of and experience with such product(s);
  • If you are an employee of KCA, were engaged by KCA to promote or products, or received a benefit or had the expectation that you would receive a benefit (other than the publication of your User Submission) in return for submitting your User Submission, you will clearly disclose this in the User Submission;
  • You own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright, intellectual property or other proprietary rights in and to any and all User Submissions to allow inclusion and use of the User Submissions in the manner contemplated by the Platform and the Platform Terms;
  • Your User Submission does not violate a law, statute, ordinance, or regulation, or infringe any third party rights;
  • Your User Submission is not: obscene; defamatory; libelous; harassing or threatening; vulgar, sexually explicit or pornographic; or otherwise inappropriate with respect to race, gender, sexuality, ethnicity, religion or other personal or intrinsic characteristic;
  • Your User Submission does not encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law;
  • Except as is both reasonable and necessary in the context of your particular User Submission, it does not contain references to other website, email addresses, contact information, or other personal or sensitive information about an identifiable or reasonably identifiable individual, unless you have express written consent from any identifiable individual; and
  • Our use of your User Submission will not cause injury to any person or entity.

You understand that when using a Platform, you may be exposed to User Submissions from a variety of sources, and that KCA is not responsible for the accuracy, appropriateness, usefulness, safety, or intellectual property rights of or relating to such User Submissions.

5. User Account

To access some features and services of the Platforms, you may be required to create a user account or profile for a Platform (“User Account”) that is personal and cannot be shared with other individuals. When creating your User Account, you must provide accurate and complete information. You are solely responsible for any activity that occurs on your User Account, and you must keep your account password secure. You must promptly notify KCA of any breach of security regarding, or unauthorized use of, your User Account.

6. User Account Termination

As part of the provision of its services KCA may restrict, suspend, or terminate your User Account for any one or all of the Platforms (or any portion thereof) or your use of any one or all of the Platforms (or any portion thereof) and remove and discard any User Submissions, if KCA deems that you have violated our Platform Terms. If you wish to terminate and close your account, please contact us: https://www.kimberly-clark.com.au/en/contact-us/.

7. Disclosure and Use of User Submissions

User Submissions and email delivered to KCA are not confidential and KCA shall not be liable for any use or disclosure thereof. By submitting User Submissions and other materials (including, without limitation, unsolicited ideas, suggestions or materials) (“Submitted Content”) to KCA via this site or email, you grant KCA and its affiliates, agents and representatives an exclusive, royalty-free, perpetual, irrevocable, transferable, worldwide licence to use, edit, reproduce and exploit the Submitted Content by all means whatsoever (including, without limitation, in print and electronic format) for any purpose.  In addition, you consent to KCA and its affiliates, agents or representatives infringing the entrant's moral rights in the Submitted Content.  You waive any right to inspect or approve any use, edit or reproduction by or on behalf of KCA of all or any part of the Submitted Content.

8. Unsolicited Ideas

KCA 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 KCA's employees.

Should you become employed with KCA, none of the materials provided in the Platforms 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 KCA, which maintains an at-will relationship with its employees.

9. Jurisdiction

The products referred to in the Platforms are available in Australia and New Zealand (as indicated) and may not be available in your country. The Platforms are controlled and operated by KCA and we make no representation that the information and materials in the Platforms, 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 the Platform may be subject to export controls and may not be freely downloaded.

10. Disclaimer of Warranties

KIMBERLY-CLARK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT (TEXT AND IMAGES) OF THE PLATFORMS. THE COMPETITION AND CONSUMER ACT 2010 (CTH) AND CERTAIN CORRESPONDING STATE LEGISLATION IMPLIES TERMS, CONDITIONS AND WARRANTIES INTO SOME CONTRACTS FOR THE SUPPLY OF GOODS AND SERVICES AND PROHIBITS 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 LAW IN ANY WAY RELATING TO ACCESS TO, OR NON-ACCESS TO, THE PLATFORMS OR YOUR USE OF, OR RELIANCE UPON, THEPLATFORMS OR THEIR CONTENTS ARE HEREBY EXCLUDED. FURTHER, KIMBERLY-CLARK DOES NOT WARRANT THAT THE PLATFORMS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF COMPUTER "VIRUSES."

11. Limitation of Liability

Except as provided by the Prescribed Terms, KCA shall not be liable for damages of any kind, including without limitation special or consequential damages, arising out of your access to, or inability to access, any of the Platforms or your use of, or reliance upon, the Platforms or the content hereof. In addition, KCA has no duty to update the Platforms or the content hereof and KCA shall not be liable for any failure to update such information. Further, KCA is neither responsible nor liable for your use of other web sites which you may access via certain links within the Platforms. These links and other "resources" referenced on the Platforms are provided merely as a public service to users of the World Wide Web and inclusion in our Platforms does not constitute an endorsement by or affiliation with KCA.

12. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless KCA and its affiliates, employees, contractors, officers, directors, service providers, agents, representatives, successors, and assigns from and against any and all demands, liabilities, claims, damages, losses, costs, expenses, and harms, including reasonable attorneys’ fees and expenses (including any of the foregoing incurred in enforcement of this indemnity provision), that arise from or in connection with your misuse of one or more Platforms or from your breach of our Platform Terms.

13. Links

Our Platforms may include links to or may be linked from other websites that are operated and maintained by third parties and that are not under the control or responsibility of KCA. The content on those third party websites and the services offered by such third parties are not verified or controlled in any way by KCA and are subject to change without notice to KCA. Accordingly, KCA explicitly disclaims any responsibility for the accuracy, content, or availability of information, products, or services found on such third party websites.

14. Other

KCA, in its sole discretion, reserves the right to (1) change our Platform Terms, (2) monitor and remove postings, and (3) discontinue Platform 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. The Platform Terms constitute the entire agreement between you and KCA relating to the subject matter herein.

By using, or continuing to use, the Platforms, you are acknowledging your consent to the foregoing terms and conditions.

IF YOU DO NOT AGREE TO THE PLATFORM TERMS, DO NOT USE THE PLATFORMS.