TERMS AND CONDITIONS REGARDING YOUR USE OF THIS SITE
Use of This Site and Its Materials
By accessing this site, you acknowledge and agree to all of our terms, conditions, and privacy policies below, and otherwise contained on or referenced in this site (the “Agreement”). If you do not agree to this Agreement, you are not authorised to access this site. You also acknowledge and agree that we may modify this Agreement at any time, in our sole discretion; that all modifications to this Agreement will be effective immediately upon our posting of the modifications on this site; and that you are bound by such modifications and you will review this Agreement each time you access this site, so that you are aware of and agree to any and all modifications made to this Agreement. You are bound by any such modifications even if you do not return to this page and review this Agreement.
You acknowledge and agree that except if we give you prior written permission, use of any Web browsers (other than generally available third-party browsers), engines, software, spiders, robots, avatars, agents, tools, or other devices or mechanisms to navigate or search the site is strictly prohibited. The products and services offered on this site do not constitute an offer to sell and may also be dependent on availability.
All information, text, design, graphics, interfaces, code, and the selection and arrangement thereof on the Website (“Materials”) are protected by Australian and international copyright law and are the property of OHAP (Oral Health Advisory Panel) (Copyright© 2014. ALL RIGHTS RESERVED), its affiliates, suppliers and/or licensors unless indicated otherwise on the Website. Except as otherwise provided in this Agreement, you may not copy or use the Materials in any manner whatsoever without prior written permission from us.
Notwithstanding the foregoing, you may download or print single copies of the Materials and/or view the Content for your personal, non-commercial use provided that all Materials are intact and in the same form as presented on the Website (including all copyright, trademark and other proprietary notices). Except as expressly provided above, nothing contained in this document shall be construed as conferring any license or right under any copyright.
All trademarks, service marks, trade dress and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to OHAP (Oral Health Advisory Panel), or other respective owners that have granted the right and license to use such Marks. Nothing contained in the Website should be construed as granting any license or right of use in respect of any Mark displayed on the Website without our express written permission or that of any third party owner.
You acknowledge and agree that we, in our sole discretion, at any time and with or without notice, may block or terminate your or any other party’s access to all or part of the site or any Materials, change or discontinue any aspect or feature of the site or any Materials (including, without limitation, discontinuing the site in its entirety) or take any other action to protect the use of this site. Without limitation to any other provisions of this Agreement, we reserve the right to take any actions at law or in equity that we deem appropriate in connection with the site, Materials and this Agreement. In addition, we reserve the right to release your private or personal information or other information to any authorities, your internet service provider or any other relevant party, or to take legal action, if you conduct any illegal activities or otherwise breach this Agreement.
You acknowledge and agree that, unless we specifically provide otherwise, any links on this site to other sites do not imply our endorsement of such sites or that we have any association whatsoever with the operators of such sites; that such sites are not under our control; that we have not reviewed these sites; and that we are not responsible for any materials (including, without limitation, any content, data, software, information, products or services) or privacy policies contained on or provided through such sites, or the appropriateness, decency, legality, copyright compliance, accuracy or any other aspect of such sites. Further, we are not liable or responsible for any cookies, data or personal information collected by linked sites or for any cookies or other software or data installed on your computer by linked sites.
Procedure for Making Claims of Copyright or Trademark Infringement
We respect the intellectual property of others, and we ask you and all of our site users, affiliates, licensors and suppliers to do the same. If you believe that your trademark or copyrighted work is accessible on this site in a way that constitutes trademark or copyright infringement, you may notify us by providing our copyright agent with all of the following information:
1. The electronic or physical signature of the trademark or copyright owner, or the person or entity authorised to act on such owner’s behalf.
2. A specific description of the trademark or copyrighted work claimed to be infringed.
3. A specific description of the claimed infringing activity and a description of where the material that you claim is infringing is located on the Website;
4. Your address, telephone number, and email address and all other information reasonably sufficient to permit us to contact you;
5. A statement by you that you have a good faith belief that the disputed use is not authorised by the trademark or copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the trademark or copyright owner or authorised to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our agent for notices of claims of copyright infringement on this site may be reached as follows:
Attn.: Nadine Flynn
Colgate Palmolive Company
300 Park Avenue
New York, N.Y. 10023
YOU ACKNOWLEDGE AND AGREE THAT THIS SITE AND ALL “MATERIALS” ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY; THAT NEITHER THIS SITE NOR ANY “MATERIALS” ARE INTENDED TO CONSTITUTE, AND DO NOT CONSTITUTE, THE PRACTICE OR FURNISHING OF MEDICAL OR PROFESSIONAL HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES; AND THAT YOU WILL ALWAYS CONSULT WITH YOUR QUALIFIED PROVIDER FOR MEDICAL OR HEALTH CARE ADVICE, DIAGNOSIS, CONSULTATION, TREATMENT, CONTENT, DATA, SOFTWARE, INFORMATION, PRODUCTS AND/OR SERVICES. YOU ALSO ACKNOWLEDGE AND AGREE THAT ANY MEDICAL OR HEALTH CARE PROVIDER OR OTHER DIRECTORIES OR LOCATORS (INCLUDING WITHOUT LIMITATION, THEIR CONTENTS AND RESULTS) CONTAINED ON OR PROVIDED THROUGH THIS SITE ARE INTENDED FOR GENERAL CONSUMER INFORMATIONAL PURPOSES ONLY, AND DO NOT IMPLY OUR ENDORSEMENT OF, OR THAT WE HAVE ANY ASSOCIATION WHATSOEVER WITH, SUCH PROVIDERS.
YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING THE FOREGOING PARAGRAPH, THERE MAY BE CERTAIN SECURED AREAS OF THIS SITE THAT WILL NOT BE AVAILABLE TO ALL CONSUMERS AND WILL BE LIMITED SOLELY TO ELIGIBLE, REGISTERED USERS. IF YOU ARE A REGISTERED USER OF A SECURED AREA WITHIN THIS SITE, YOUR USER ID AND PASSWORD WILL GIVE YOU ACCESS TO THAT PARTICULAR SECURED AREA. YOU ARE RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR PASSWORD, AND YOU ARE SOLELY RESPONSIBLE FOR ALL INFORMATION AND INSTRUCTIONS THAT YOU TRANSMIT THROUGH THIS SITE USING YOUR USER ID AND PASSWORD.
YOU ACKNOWLEDGE AND AGREE THAT USE OF THIS SITE AND “MATERIALS” ARE AT YOUR OWN RISK, AND ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS; THAT, TO THE EXTENT PERMITTED BY LAW, WE DO NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND WITH REGARD TO THIS SITE OR ANY “MATERIALS” (INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCEPTABLE QUALITY OR FITNESS FOR A PARTICULAR PURPOSE); AND THAT, TO THE EXTENT PERMITTED BY LAW, WE DO NOT WARRANT OR REPRESENT THAT THIS SITE OR ANY “MATERIALS” WILL BE AVAILABLE CONTINUOUSLY, ACCURATE, ADEQUATE, RELIABLE, CORRECT, USEFUL, TIMELY, UNINTERRUPTED, SECURE, DEFECT-FREE OR ERROR-FREE (INCLUDING, WITHOUT LIMITATION, FREE FROM VIRUSES, WORMS, TROJANS, OTHER MALICIOUS CODE OR OTHER HARMFUL COMPONENTS) OR THAT THEY WILL MEET YOUR REQUIREMENTS. YOU ACKNOWLEDGE THAT THE “MATERIALS” AND DATA IN THIS SITE MAY CONTAIN INACCURACIES OR TYPOGRAPHICAL ERRORS AND THAT WE ARE NOT LIABLE FOR ANY ERRORS OR OMISSIONS CONTAINED IN THIS SITE OR FOR ANY DAMAGE TO OR VIRUS THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY AS A RESULT OF YOUR USE OF THIS SITE OR YOU DOWNLOADING ANY MATERIAL. YOU ACKNOWLEDGE AND AGREE THAT ALL “MATERIALS” OBTAINED THROUGH THIS SITE ARE OBTAINED AT YOUR OWN RISK. DESPITE THE ABOVE, WE DO NOT EXCLUDE ANY WARRANTIES OR CONDITIONS THAT CANNOT BE EXCLUDED BY LAW, AND OUR AND OUR RELATED COMPANIES’, AFFILIATES’, LICENSORS’ AND SUPPLIERS’ LIABILITIES WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. YOU ACKNOWLEDGE AND AGREE THAT, TO THE EXTENT PERMITTED BY LAW, WE AND/OR OUR RELATED COMPANIES, SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS AND/OR SUPPLIERS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES OR LOSS RELATING TO THE USE, MISUSE OR INABILITY TO USE THIS SITE, ANY “MATERIALS” OR ANY LINKED SITE (WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STATUTE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE AND/OR OUR RELATED COMPANIES, SUCCESSORS, ASSIGNS, AFFILIATES, LICENSORS AND/OR SUPPLIERS HAS OR HAVE BEEN ADVISED OF A POSSIBILITY OF DAMAGES OR LOSS); AND THAT IF YOU ARE DISSATISFIED WITH, OR CLAIM ANY DAMAGES RELATING TO, ANY PORTION OF THIS SITE, ANY “MATERIALS”, OR THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS SITE AND ALL “MATERIALS”.
Confidentiality of Information Received
Any other information you transmit to this site, such as feedback, questions, comments or otherwise, will not be considered to be confidential and we may use such information without any restriction whatsoever and in any manner we choose.
You acknowledge and agree that you will indemnify and hold harmless us and/or our related companies, successors, assigns, affiliates, licensors and suppliers, together with all of their respective officers, directors, employees, agents, representatives and consultants, against any and all claims, damages, losses, liabilities, judgments, costs and expenses (including without limitation reasonable legal fees and costs) arising out of:
(a) your use, misuse or inability to use this site or any Materials or any linked site; or
(b) your violation of this Agreement, any laws, rules or regulations, or any rights of any third parties,
and that we reserve the right to exclusively defend and control any such indemnification matters; and that you will fully cooperate with us in any such defences. You agree not to undertake any activity that is detrimental to the functioning or operation of this site.
Application of Laws
You acknowledge and agree that your use of this site is subject to any law that applies to the site, the internet or the world wide web, and that if you are located in any jurisdiction in the world where any common, statutory, regulatory, codified or other law, rule or regulation makes accessing this site or any Materials inappropriate or illegal, or subject to consents or permissions that you yourself have not obtained, or voids this Agreement in whole or in part, then you are not authorised to access this site or any Material. You also acknowledge and agree that this Agreement will be governed by and must be construed in accordance with the laws of the State of New South Wales, Australia, and by entering this site you agree to submit to the non-exclusive jurisdiction of the Courts of New South Wales, Australia in respect of all matters or things arising out of this Agreement.
You acknowledge and agree that if any provision of this Agreement is held by any court or other tribunal of competent jurisdiction to be invalid or unenforceable, then such provision will be read down to the minimum extent necessary, or severed from this Agreement in any other case, so that this Agreement will otherwise remain in full force and effect; that this Agreement constitutes the entire agreement between you and us relating to the subject matter hereof, and supersedes any and all prior agreements or understandings between you and us, whether oral or written, relating to any subject matter of this Agreement; that this Agreement may not be modified, in whole or in part, except by us and as specifically described elsewhere in this Agreement; and that anything contained on or provided through this site that is inconsistent with or conflicts with the terms of this Agreement is superseded by the terms of this Agreement.
Last Updated: 12 March 2014.
© 2014 OHAP (Oral Health Advisory Panel). All rights reserved.