Understanding You - Terms and Conditions

Understanding You Terms & Conditions

Attention: Please read these Terms of Use "Terms" carefully before using the YOUR BODY GUIDE. These Terms are in addition to the General Terms of Use also included on this Web Site. Using this Web Site indicates that you accept these terms ("Terms of Use"). If you do not accept these terms, please do not use this Web Site.

YOUR BODY GUIDE is a national contraceptive health education program in Australia endorsed by Sexual Health and Family Planning Australia and supported via an unrestricted educational grant by Bayer Australia Limited.

<Your Body Guide> Site content

The contents of the <Your Body Guide> Site, such as text, graphics, images, information obtained from third parties and any other material contained on the <Your Body Guide> ("Content") are for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on the <Your Body Guide>.

If you think you may have a medical emergency, call your doctor or emergency services immediately. <Your Body Guide> does not recommend or endorse any specific tests, products, procedures, opinions, or other information that may be mentioned on the <Your Body Guide>. Reliance on any information provided by <Your Body Guide>, others appearing on the <Your Body Guide> Site at the invitation of <Your Body Guide>, or other visitors to the <Your Body Guide> Site is solely at your own risk.

The <Your Body Guide> Site may contain health or medical related materials which you find sexually explicit or otherwise offensive. If you do not want to view material of this nature or may be offended by such materials, do not use the <Your Body Guide> Site.

Neither <Your Body Guide> nor any of its affiliates or supporters assume any legal responsibility for any incorrect or misleading information contained within the website.

Copyright and use of content

<Your Body Guide> authorizes you to view or download a single copy of the material on the <Your Body Guide> Site solely for your personal, noncommercial use if you include the following copyright notice: "Copyright ©2007, Bayer Australia Limited. All rights reserved" and other copyright and proprietary rights notices which were contained in the Content. The Content is protected by copyright under Australian law. Title to the Content remains with <Your Body Guide> or its licensors. Any use of the Content not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws. Enquiries regarding references or application for permission to copy Content otherwise than is permitted by these Terms should be directed to info@understandingyou.com.au

Content and features are subject to change or termination without notice in the editorial discretion of <Your Body Guide>. All rights not expressly granted herein are reserved to <Your Body Guide> and its licensors. If you violate any of these Terms and Conditions, your permission to use the Content automatically terminates and you must immediately destroy any copies you have made of any portion of the Content.

Liability of <Your Body Guide> and its supporters

The use of the <Your Body Guide> Site and the Content is at your own risk. When using the <Your Body Guide>, information will be transmitted over a medium which, in many cases, is beyond the control and jurisdiction of <Your Body Guide> and its suppliers. Accordingly, <Your Body Guide> assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the <Your Body Guide> Site. The <Your Body Guide> Site and the Content are provided on an "as is" basis.

<Your Body Guide>, its licensors, and its suppliers, to the fullest extent permitted by law, disclaim all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties' rights, and fitness for particular purpose. Specifically, <Your Body Guide>, its licensors, and its suppliers make no representations or warranties about the following:

The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on or through the use of the <Your Body Guide> Site.

To the fullest extent permitted by law in no event shall <Your Body Guide>, its licensors, its suppliers, or any third parties mentioned on the <Your Body Guide> be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the <Your Body Guide> Site or the Content, whether based on warranty, contract, tort, or any other legal theory, and whether or not <Your Body Guide> is advised of the possibility of such damages.

To the fullest extent permitted by law <Your Body Guide> is not liable for any personal injury, including death, caused by your use or misuse of the <Your Body Guide> Site or Content.

To the fullest extent permitted by law any claims arising in connection with your use of the <Your Body Guide>, any Content, or the Public Areas must be brought within one (1) month of the date of the event giving rise to such action occurred.

Advertisements and Links to other Sites

<Your Body Guide> does not endorse the content on any third-party websites. To the fullest extent permitted by law, <Your Body Guide> is not responsible for the content of linked third-party sites, sites framed within the <Your Body Guide> Site, or third-party advertisements, and does not make any representations regarding their content or accuracy. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.

Indemnity

You agree to defend, indemnify, and hold <Your Body Guide>, its sponsors, agents, licensors, and third party supporters, harmless from and against any claims, actions or demands, liabilities and settlements including without limitation, reasonable legal and accounting fees, resulting from, or alleged to result from, your violation of these Terms and Conditions.

General

<Your Body Guide> is a national sexual health education program in Australia made possible by an unconditional education grant from Bayer Australia based in Sydney, Australia. The program is endorsed by Sexual Health and Family Planning Australia. <Your Body Guide> makes no claims that the Content is appropriate or may be downloaded outside of Australia. Access to the Content may not be legal by certain persons or in certain countries. If you access the <Your Body Guide> Site from outside Australia, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The following provisions survive the expiration or termination of these Terms and Use for any reason whatsoever: Liability of <Your Body Guide> and its supporters, Indemnity, Jurisdiction, and Complete Agreement.

Jurisdiction

You expressly agree that exclusive jurisdiction for any dispute with <Your Body Guide>, or in any way relating to your use of the <Your Body Guide> Site, resides in the courts of the State of New South Wales and you further agree and expressly consent to the exercise of personal jurisdiction in the courts of the State of New South Wales, Australia, in connection with any such dispute including any claim involving <Your Body Guide> or its supporters and content providers. These Terms are governed by the internal substantive laws of the State of New South Wales, Australia, without respect to its conflict of laws principles. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Complete Agreement

These Terms constitute the entire agreement between you and <Your Body Guide> with respect to the use of the <Your Body Guide> Site and Content. Your use of the <Your Body Guide> is also subject to the <Your Body Guide> Privacy Statement.

Thank you for your cooperation. We hope you find the <Your Body Guide> helpful and convenient to use. Questions or comments regarding the <Your Body Guide> Site should be directed by electronic mail to banz.enquiries.be@bayer-ag.de

Privacy Statement

Under no circumstances will <Your Body Guide> rent or sell your information to any outside third party that could be used to identify or contact you. Personal information that an individual submits to us on a voluntary basis will be used for the sole purpose for which it was submitted.

The <Your Body Guide> Site does not require access to personal information of visitors. If you have any questions regarding privacy please send them to privacy.officer@bayer.com

<Your Body Guide> and the <Your Body Guide> are made possible by an unconditional education grant from Bayer Australia Limited and are endorsed by the Sexual Health and Family Planning Australia

Bayer Australia Limited
875 Pacific Highway
Pymble, New South Wales 2073

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