User Agreement

Important! Please read this legal statement carefully before using the site.

This Site, kleenex.com.my is owned, operated and maintained by KIMBERLY-CLARK CORPORATION or its affiliates ("Kimberly-Clark") and has been created for your information, education, entertainment and communication. Your access to and use of this Site is conditional upon your acceptance of and compliance with the terms and conditions contained in this document ("Terms and Conditions"). By accessing and browsing the Site you accept, without qualification or limitation, these Terms and Conditions.

Intellectual property

All copyright in any information, text, materials, graphics and software ("Content") on this Site is owned by Kimberly-Clark. The Content is protected by both Malaysian and International copyright laws.

All names, logos and trademarks are the property of Kimberly-Clark or its affiliates. Nothing contained on the Site should be construed as granting any licence or right of use of any trademark displayed on the Site without the prior express written permission of Kimberly-Clark.

Restrictions on use

This Site is available only for your personal, non-commercial use (except as permitted in the 'Promoting your business' section). You may: (1) print copies of the Content for your personal use only; (2) store the files on your own computer for your personal use only; (3) reference hypertext documents on this server from your own documents; and (4) if you are an Internet Service Provider, supply the Content to your subscribers.

You must not: (1) copy, modify, republish, transmit or distribute the Content in any form unless you receive prior written authorisation from Kimberly-Clark; or (2) use the Site in any manner or for any purpose which is unlawful or in any manner which violates any right of Kimberly-Clark or which is prohibited by the Terms and Conditions.

Unsolicited ideas

Kimberly-Clark 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 Kimberly-Clark's employees.

Should you become employed with Kimberly-Clark, none of the materials provided in this Site 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 Kimberly-Clark.

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 Site (“User-Generated Content”), you acknowledge and agree that you are responsible for:
(1) the suitability, installation, configuration, uploading, downloading, use, operation, communication, accuracy and legality of the User-Generated Content, and that Kimberly-Clark does not monitor, install, configure, download, review, authorise, edit or alter User-Generated Content; and
(2) the back up of the User-Generated Content and any other date or files, unless otherwise expressly agreed by Kimberly-Clark.

You authorise and license Kimberly-Clark to copy, reproduce, communicate, distribute, perform and display the User-Generated Content for the purposes of providing the Site and any associated services to you.

You warrant that the User-Generated Content and your use of the User-Generated Content:

(1) complies with all applicable laws;
(2) is not obscene, indecent, unsuitable for minors, excessively violent, false, misleading, deceptive, fraudulent or defamatory;
(3) does not infringe any intellectual property rights or other rights of any entity or person;
(4) does not include pornography, nudity, adult sexual content or any sex-related merchandising;
(5) is not damaging to Kimberly-Clark’s servers or any other servers on the internet;
(6) does not contain any promotional material or advertising for commercial purposes or personal financial gain; and
(7) does not advertise used goods or seek to purchase used goods from other Members; and
(8) does not include material or resources relating to hacking/phreaking, viruses, anarchy, or that promote or participate in wilful harm to Internet sites or providers.

Kimberly-Clark may without notice to you remove, amend, alter or deny access to any User-Generated Content or Content in its sole discretion if:
(1) it is 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”); or
(2) in Kimberly-Clark’s opinion any such User-Generated Content is obscene, offensive, indecent, excessively violent, illegal, misleading or defamatory, or otherwise unacceptable, undesirable or objectionable (including if it contains information about brands or alternative product systems which are in competition with Kimberly-Clark or Kimberly-Clark products).

Medical disclaimer

The information on this site should not replace the expertise of qualified health professionals. If you have any queries or concerns or require any further professional advice about any of the material appearing on the site, you should consult your doctor or health care professional. Always check for relevant credentials when sourcing fitness and health professionals.

Jurisdiction

The products referred to in this site are available in Malaysia (as indicated) and may not be available in your country. This Site is controlled and operated by Kimberly-Clark from the United States, Malaysia and Singapore and Kimberly-Clark makes no representation that the information and materials in this Site, including without limitation the information and other materials promoting the products identified herein, are appropriate or available for use outside Malaysia. Also, some software from this Site may be subject to export controls imposed by the United States or Malaysian Government and may not be downloaded or otherwise exported or re-exported into (or to a national or resident of) any country to which Malaysia or U.S. has placed an embargo. If you download or use the software, you represent and warrant that you are not located in, or under the control of, or a national of any such country or on any such list.

Disclaimer of warranties

KIMBERLY-CLARK MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING THE ACCURACY, RELIABILITY OR COMPLETENESS OF THE CONTENT. ALL TERMS, CONDITIONS AND WARRANTIES EXPRESS OR IMPLIED BY CUSTOM, LAW OR STATUTE IN ANY WAY RELATING TO ACCESS TO, OR NON-ACCESS TO, THIS SITE OR YOUR USE OF, OR RELIANCE UPON, THIS SITE OR THE CONTENTS HEREOF ARE HEREBY EXCLUDED. KIMBERLY-CLARK DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY THAT YOUR ACCCESS TO THE SITE (OR ANY SITE LINKED IN ANY WAY TO THIS SITE) WILL BE UNINTERRUPTED OR ERROR FREE. KIMBERLY-CLARK DOES NOT WARRANT EXPRESSLY OR IMPLIEDLY THAT ANY DEFECTS WILL BE CORRECTED OR THAT THE SITE (OR ANY SITE LINKED IN ANY WAY TO THIS SITE) OR THE SERVER WHICH STORES AND TRANSMITS CONTENT TO YOU ARE FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS.

Limitation of liability

Kimberly-Clark shall not be liable for any indirect, incidental, special and/or consequential damages including but not limited to loss of profits arising out of your access to, or inability to access, this Site or your use of, or reliance upon, this Site or the Content hereof. In addition, Kimberly-Clark has no duty to update this Site or the Content hereof and Kimberly-Clark shall not be liable for any failure to update such information.

Links

Kimberly-Clark disclaims all warranties with regard to the content of or otherwise relating to other web sites or resources linked in any way to this Site. Any links to a third party site are provided for convenience only. Kimberly-Clark is not responsible for and makes 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 Kimberly-Clark endorses 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.

Governing law

Any disputes relating to the Content or otherwise relating to this Site shall be governed by the laws of Malaysia.

Privacy

Any personal data you transmit to the Site by electronic mail or otherwise, will be used by Kimberly-Clark in accordance with the privacy policy displayed on this Site.

Future changes

Kimberly-Clark may at any time in its absolute discretion revise this Legal Statement including any or all of the Terms and Conditions. By continuing to use this Site after any revisions are made you are bound by such revisions.

Other

Kimberly-Clark, in its sole discretion, reserves the right to monitor and remove postings and discontinue site 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. This Legal Statement constitutes the entire agreement between you and Kimberly-Clark relating to the subject matter herein.

By using this site, you are acknowledging your consent to the foregoing terms and conditions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

Samples

(a) TO THE MAXIMUM EXTENT PERMITTED BY LAW: (i) KIMBERLY-CLARK EXPRESSLY DISCLAIMS ANY WARRANTY FOR THE SAMPLES REQUESTED FROM THIS SITE. THE SAMPLES ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. YOU ASSUME THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SAMPLES, OR ANY SYSTEMS YOU DESIGN USING THE SAMPLES (IF ANY); (ii) KIMBERLY-CLARK SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL AND/OR CONSEQUENTIAL DAMAGES INCLUDING BUT NOT LIMITED TO LOSSES OR INJURIES ARISING OUT OF YOUR REQUEST FOR AND USE OF SAMPLE FROM THIS SITE.
(b) Resale Prohibited: You must not resell the samples requested from this site, directly or indirectly, through brokers, exporters, or otherwise. You agree that you do not intend to or will, directly or indirectly, export or transmit the samples requested from this site to any country in violation of export restrictions. If you breach the terms of this section, in addition to Kimberly-Clark’s rights to retrieve the samples from you, you agree to fully indemnify Kimberly-Clark, its officers, employees and distributors, from any and all liability related to such resale, including attorneys’ fees and costs.
(c) You agree to fully defend and indemnify Kimberly-Clark from any and all claims, liabilities, and costs (including reasonable attorney’s fees) related to (1) your use of the samples requested from this site; and (2) your violation of the terms and conditions of this Agreement.
(d) You agree that Kimberly-Clark does not guarantee the availability of any samples. Availability of samples request at all times remains subject to (i) availability of the samples, (ii) the requirements of individual promotional campaigns associated with such samples (if any), and (iii) Kimberly-Clark’s discretion.Please bear with us any delay due to unavoidable circumstances in the delivery of your free samples.
(e) You agree that it is your responsibility to ensure that you do not order or use any samples requested from this site that may cause any harm to you or any other person, including any adverse reaction, illness, injury or death as a result of any allergy or condition that you may have. You agree to read all samples descriptions and instructions and ingredients, if any, displayed on this site and on or with the delivered samples prior to using the samples requested.
(f) Nothing constitutes a binding offer to sell, distribute or give away merchandise, products and/or services, including the samples available for request from this site. Kimberly-Clark reserves the right at any time after receipt of your request/order for sample to accept or decline such request/order, or any portion thereof, or to not ship to particular addresses. Kimberly-Clark reserves the right at any time to limit the quantities of samples offered or shipped by us to any person, family, or sample test group.

You acknowledge that images or descriptions available on or through the site of merchandise, products and samples may not accurately capture the actual appearance, color, look and feel, specifications, features, or functionality of the actual merchandise, products and samples.