Continence Care Evaluation Services - Terms of Use

References below to “Essity”, “us” or “we” are references to Essity Hygiene and Health AB and/or its affiliates as a provider of this landing page, (the “Website”), and the Continence Care Evaluation service [designed for recording input on continence care processes] (the “[Diary Tool]”), as available via the Website to you as a user (“you”). The Website and the [Diary Tool] are collectively referred to as the “Services”.

Essity permits Your use of, and access to, the Services subject to the following Terms of Use (“TOU”).

Please review the TOU carefully. By signing in to the Website and accessing, or otherwise using the [Diary Tool], you agree to be bound by these TOU, including any revisions and updates thereof.

By accepting the TOU, you acknowledge that you are using the Services in your capacity as a healthcare professional and on behalf of a caregiver or healthcare organization that is your employer (or equivalent if you are acting on behalf of any other than your employer). In addition to the TOU, your use of the Services is also governed by the relevant service agreement(s) entered into between your employer and Essity for the provision of the Services.

Essity may, at its own discretion, update these TOU at any time. Essity will, as far as possible, provide reasonable advance notice to the caregiver organization that is your employer before an updated version of the TOU becomes effective. Essity is not required to provide direct notice to you as an individual user. You can access and review the most current version of the TOU on the Website, prior to signing in.

The Services is provided by Essity as part of Essity’s Continence Care Evaluation Program (the “Continence Care Evaluation Program”). The [Diary Tool] is accessed via the Website. The purpose of the [Diary Tool] is to [record input on continence care process to facilitate the evaluation and optimization of such process, including where the continence care process has included the use of Essity’s products and services].

To use the [Diary Tool], you must have an account and sign in to the Website using the user account credentials instructed by your employer, such as your email address and password, or through single sign-on (SSO). Two-factor authentication is required to complete the sign-in process.

By signing in to the Website, and when using the [Diary Tool], you represent that: (i) you are using the Services in your capacity as a healthcare professional and an employee of (or otherwise on behalf of) a caregiver or healthcare organization, (ii) you will provide true, accurate, current and complete information as requested when completing the Website’s login procedure (the “Login Data”); and (iii) you will maintain and promptly update the Login Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Essity has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Essity may suspend or terminate your account upon notice to your employer.

You are fully responsible for all activities that occur under your account. You are responsible for keeping your password confidential and you may not share your account or password with anyone. You agree to notify Essity immediately of any unauthorized use of your account or password or any other similar breach of security.

You can terminate your account at any time and all of your personal data will be deleted in compliance with applicable data protection legislation, and as outlined in the Privacy Policy, as further described in Section 3.

You represent and warrant that you are: (i) over eighteen years of age; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Services under the laws of Sweden or any other applicable jurisdiction.

Essity respects your integrity and the privacy of your personal data and acts as the data controller for the processing of your personal data submitted during the sign-in process on the Website.

In addition to the TOU, the privacy policy accessible at https://www.essity.com/privacy-policy/ , (the “Privacy Policy”), governs Essity’s processing of your personal data as required by applicable privacy laws and regulations. The Privacy Policy is provided along with these TOU. We may update the Privacy Policy from time to time with reasonable notice to you as described therein.

For the processing of personal data of patients and/or other subjects which is collected, stored submitted and processed by you within the Services , Essity acts under the explicit instructions of the caregiver or healthcare organization that holds the right to use the Services in accordance with the relevant service agreement(s) between such organization and Essity for the provision of the Services.

You acknowledge and agree that all information, data, text, sound, photographs, graphics, video, messages, tags, notes and/or other materials accessible in the Services, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Essity, are entirely responsible for all Content that you upload, input, transmit or otherwise make available in the Services (“Your Content”).

You acknowledge and agree that Essity has no obligation to pre-screen Content (including, but not limited to, Your Content [and User Content]), although Essity reserves the right in its sole discretion to pre-screen, refuse or remove any Content within the Services. Without limiting the generality of the foregoing, Essity shall have the right to remove any Content that violates the TOU or that it deems objectionable.

Essity does not claim ownership of Your Content. However, you grant Essity and its service providers a perpetual, irrevocable, worldwide, royalty-free, non-exclusive, sublicensable, transferable license to use, distribute, reproduce, modify, adapt, create derivative works, publicly perform and publicly display Your Content to provide the Services and as authorized under the relevant service agreement(s) between your employer and Essity for the provision of the Services . You understand that the technical processing and transmission of data associated with the Services, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.

Except with respect to Your Content, you agree that Essity and its licensors own all rights, title and interest in the Services and all Content within the Services. You may not: (i) reproduce, distribute, alter, modify, create derivative works from or publicly display any Content (except Your Content); (ii) frame or utilize any framing technique to enclose any Content; or (iii) decompile, reverse engineer, reverse assemble or otherwise attempt to discover any source code for any software within or associated with the Services.

The Essity, [Diary Tool] and [include any other relevant names and logos] names and logos are trademarks and property of Essity or its affiliates (“Essity Marks”). You agree not to display or use in any manner any Essity Mark without Essity’s prior written consent.

All content included on the Services, such as text, graphics, logos, button icons, images, audio clips and software are the property of Essity. Unauthorized use or distribution of any materials in connection with the Services may violate copyright, trademark, and/or other laws and may be subject to civil and/or criminal sanctions.

Essity reserves the right at any time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Essity shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any portion thereof).

Essity will, as far as possible, provide advance notice to the caregiver or healthcare organization that is your employer before making any modifications to, or discontinuing with, the Services that may affect their functionality. Such notice will be given as required under the applicable service agreement(s) between the caregiver or healthcare organization and Essity for the provision of the Services.

When using the Services , information about the performance of specific Essity products, including the efficiency of a specific continence care process, may be provided based upon information that you provide. Such content is presented in a summary fashion and is intended to be used as a help tool, but it should never replace a medical and professional judgment. The Services or content are not intended as, and should not be interpreted as, a recommendation for a specific treatment plan or course of medical action. The Services do not offer medical advice, and nothing contained within the Services is intended to constitute professional advice for medical diagnosis or treatment.

You should not use the Services to diagnose a health or fitness problem or disease. Use of the Services does not replace medical consultations with a qualified health or medical professional to meet the health and medical needs.

Essity disclaims all responsibility for the professional qualifications and licensing of, and services provided by, any physician or other health provider referred to within the Services. Medical advice of a physician or health professional should not be disregarded because of any information obtained within the Services.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, ESSITY AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS ("ESSITY PARTIES”) EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

THE ESSITY PARTIES MAKE NO WARRANTY THAT: (i) THE SERVICES WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT THE SERVICES OR ANY CONNECTED PRODUCT UTILIZING THE SERVICES WILL ALWAYS BE UPDATED; OR (iv) THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE.

YOU ACKNOWLEDGE AND AGREE THAT THE ESSITY PARTIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF THE ESSITY PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.

CERTAIN LAWS MAY NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

These TOU constitutes the entire agreement between you and Essity concerning your access to, and use of the Services. It supersedes any prior or contemporaneous agreements between you and Essity with respect to such subject matter. The failure of Essity to exercise or enforce any right or provision of these TOU shall not constitute a waiver of such right or provision. If any provision of these TOU shall be held to be invalid or unenforceable under applicable law, then to the extent permitted by applicable law, such provision shall be construed limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, and the validity and enforceability of the remaining terms, conditions and provisions shall not in any way be affected or impaired thereby.

It is the express wish of the parties that these TOU and all related documents be drawn up in English.