PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE AND ANY SERVICES. THESE REGULATE YOUR USE OF THE SITE, ALL MATERIAL WITHIN IT AND OUR SERVICES

Last amended 14 june 2013

General

This website (excluding linked sites) (“Site”) is owned and controlled by SPD Swiss Precision Diagnostics GmbH (“SPD”) which is a company established in Switzerland. It is operated on behalf of SPD by third parties. In addition, SPD at its discretion may make available certain services in certain countries (e.g. Careline) (“Services”). Availability and content of the Services varies by country. These Terms of Use shall also apply to the Clearblue channel on youtube.com and any reference to Site shall include this channel.

By accessing this Site and any Services, you accept these Terms of Use, in their most recent version as posted from time to time in this area of the Site. You should therefore periodically review these as these terms may have changed since your last visit. Additional terms may be applicable to the Services.

The Site, and the Services, can be accessed from various countries around the world. As each of these has laws that may differ from those of Switzerland, by accessing the Site and Services you indicate that you accept in addition to these Terms of Use that the laws of Switzerland shall apply exclusively to all matters arising from or relating to the use and contents of the Site and Services. You also agree and submit to the non-exclusive jurisdiction of the courts of Geneva, Switzerland with respect to those matters. If you do not agree to these Terms of Use, please refrain from using our Site and any Services.

Availability of Products

Any reference to a product or service on this Site or when providing Services does not constitute an offer to sell or supply that product or service. This Site may refer to products not yet registered or approved in a given country. Please ask your local pharmacist for products available in your country. Specific advice concerning the availability and suitability of any particular product or service should be sought before purchase. Product images are for illustration only.

Limitation of Liability

The Site and all information and related materials it contains and all information and related materials given as part of any Services are provided “as is” for general informational purposes only. These should not be relied upon for any specific purpose and no representation, warranty or undertaking, express or implied, is given that this information is accurate, up to date, complete, adequate or suitable. You should use your own judgment in evaluating the information provided through our Site and Services and by using these you accept the risk that this information may not be accurate, up to date, complete, adequate or suitable for your needs and requirements.

ALWAYS CONSULT A QUALIFIED HEALTHCARE PROFESSIONAL FOR MEDICAL ADVICE AND READ CAREFULLY FULL LABEL ON PACK AND INSTRUCTION LEAFLET OF ANY PRODUCT BEFORE USE. NO INFORMATION CONTAINED ON THIS SITE, IN MATERIALS AND/OR IN SERVICES PROVIDED BY SPD, ITS AFFILIATES AND THEIR THIRD PARTY SUPPLIERS IS INTENDED AS A SUBSTITUTE FOR MEDICAL ADVICE OR FOR A MEDICAL EXAMINATION BY A QUALIFIED HEALTHCARE PROFESSIONAL. SPD and its affiliates do not practice medicine or provide medical services or advice. 

Neither SPD and its affiliates, nor its officers, employees or agents shall be liable for any loss, damage or expense arising out of any access to or use of this Site, any information or materials contained in it, or any site linked to it, and any Services, including, without limitation, any loss of profit, indirect, incidental or consequential or punitive damages (even if SPD and its affiliates, officers, employees or agents has been advised of the possibility of such damages).

SPD reserves the right to make any changes and corrections to, and/or suspend access to, this Site and/or Services whenever SPD considers it appropriate and without notice. This Site and/or Services may be unavailable from time to time due to network, software, hardware and third-party supplier failures, updating or development work. SPD shall not be liable if the Site and/or Services are unavailable at any time or for any period, including without limitation for any damages arising as a result of such unavailability.

Right of SPD to Use Content Submitted by User

On certain parts of the Site you may be invited to upload or share personal information (name, place of residence, email, telephone, health information, date of birth, etc.), stories, pictures, know-how, comments, ideas, questions, techniques or similar)  (“Content”).

By doing so, you consent to free of charge, unlimited, worldwide use of that Content by SPD, its affiliates and its designated third parties for inclusion on the Site or in any other materials in any format (digital, print, social media, etc.) for promotional and other purposes.

SPD and its affiliates shall have the right, in its absolute discretion and without notice, to use, not-use, remove, delete, distribute, disclose, copy, modify, edit, adapt, create derivative works, publicly display and translate all or any of such Content without restriction, and authorise others to do the same. In addition, SPD shall have the right to use free of charge any ideas, concepts, know-how, designs or techniques contained in such Content for any purposes whatsoever, including without limitation, developing, manufacturing, designing and marketing of products and other items incorporating such ideas, concepts, know-how, designs or techniques.

In the event you should withdraw your consent, this shall apply only going forward, after SPD has received your withdrawal of consent, to any future use of Content excluding any materials created and communicated previously.

SPD updates the Site with new Content from time to time. SPD reserves the right to select what it considers to be the most appropriate Content for posting and can offer no warranty that Content provided by you will go “live” and be available for view on the Site or elsewhere.

When requesting Services (e.g. Careline), you may be invited to share personal information such as name, place of residence, email, telephone, health information, date of birth, etc (“Service Information”). By sharing Service Information, you consent to SPD, its affiliates and other third party companies using this Information in order to complete your request. In addition, when requesting Services you may also be invited to share Content which you are free to accept or decline without any impact on the Services you have requested. If you accept to share Content, the terms above related to Content shall apply.

User Conduct

By using the Site and Services, you agree that any information you provide shall be truthful and accurate. The submission of any unsolicited information, such as questions, comments or suggestions, either through this Site or by another means of communication, shall not be considered confidential. SPD and its affiliates shall have no obligation to you of any kind in connection with such information.

You agree that no Content submitted or posted by you will violate or infringe the rights of any other person, or contain libelous, defamatory, obscene or unlawful material. All Content posted to the Site may be monitored. SPD reserves the right to immediately remove any Content which, in its reasonable opinion, contains material which is libelous, defamatory, obscene, fraudulent, infringes the rights of any person, is hateful or otherwise objectionable or unlawful under applicable law.

Intellectual Property Rights

Copyright ©2008-2013 SPD. All rights reserved. All copyright and other intellectual property rights in all text, images, graphics, sound, software, general ‘look and feel’ and other materials on this Site and in any SPD materials are owned by SPD and its affiliated companies (except for any third party content identified as such) or are included with permission of the relevant owner.

You may browse this site and reproduce extracts (except for any third party content identified as such) by way of printing, downloading to a hard disk, and by distribution to other people for personal non-commercial home use. Such use shall in all cases be for informational purposes only and the above copyright notice shall appear in all reproductions with a reference to the Terms of Use.

No reproduction of any part of the Site may be sold or distributed for commercial gain, nor may it be modified or incorporated in any other work or publication, whether in hard copy or electronically, including posting to any other site.

Nothing in this website shall be construed as conferring by implication, estoppel or otherwise, any right to use or any license to use any copyright, patents, trademarks, logos and service marks of SPD. SPD protects its intellectual property rights in accordance with applicable law.

Trademarks

All trademarks, service marks and logos displayed on this Site are either owned or used under licence by SPD and its affiliates and all rights are reserved. Without limitation, these include the name "SPD" and the logo and product names including PERSONA®, Clearblue®, Clearplan®, Weeks Indicator™, Intima™ and Wish for a Baby™ (also known as Kinderwunsch™ and Envie d'un Bébé™). The unauthorised use of any trade mark, service mark or logo is strictly prohibited.

Linked Sites

At various points throughout the Site you may be offered automatic links to third party Internet sites relevant to a particular aspect of this Site. This does not indicate that SPD is associated with or endorses any of these sites or their owners. Whilst SPD hopes that you will find these sites of interest, neither SPD and its affiliates, nor any of its officers, employees or agents has any responsibility or liability for third party sites, any information contained in them, or their availability.

Information About You and Your Visits to the Site and Services

We process information about you in accordance with our Privacy Policy. By using our Site and Services you consent to such processing and use of your information, including personal information, in accordance with this Policy.

Viruses, Hacking and Other Offences

You must not misuse our Site by introducing viruses, Trojans, worms, logic bombs or other materials which are malicious or technologically harmful. You must not attempt to gain unauthorised access to our Site, or any server, computer or database connected to our Site.

By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site will cease immediately.

SPD, its affiliates and third party providers will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material resulting from your use of our Site or to your downloading of any material published on our Site, or any website linked to the Site.

Severability

To the extent that any provisions of these Terms of Use are held to be illegal, invalid or unenforceable, then such provisions shall be severed and deleted without affecting the enforceability of the remaining provisions.

Who to Contact

If you have any comments or questions about these Terms of Use or the Privacy Policy, wish to report any violations of the Terms of Use or Privacy Policy or would like to request access, correction or deletion of your Personal Information, please write to SPD Swiss Precision Diagnostics Ltd., Attn. General Counsel at 47 route de St Georges, 1213 Petit-Lancy, Switzerland, or email SPD at privacy@spdspark.com.

If you have product related enquiries please contact the Careline. This is operated by SPD’s affiliated company, SPD Development Company Limited in the UK. The Careline contact details are shown on the Site of your country of residence under Contacts. Please be ready to quote the lot number from the product pack. Calls to the Careline may be monitored or recorded for quality control purposes and your personal data may be collected as outlined above.

Thank you for visiting our Site.