Terms and Conditions
1. Your Acceptance
Welcome to the Essity Professional Hygiene (“Essity,” "TORK," “We,” or “Our”) website, https://www.tork.co.za. These Terms of Use (“Terms”) apply to Your visits to https://www.tork.co.za, including the Tork Connect portion of the website but not including the Tork EasyCube portion of the website (“Service”), but do not include other websites which are linked to/from the Service; those linked websites may be governed by different agreements.
By using and/or visiting the Service, including all Content (as defined below), and accessing associated content such as email operated by Essity, You signify Your agreement to these Terms. Essity has a principal place of business at Essity South Africa, 35 ballyclare drive, Ballyoaks office park Building E,Bryanston. You acknowledge (a) that You have read and understood these Terms; and (b) that these Terms have the same force and effect as a signed agreement.
If You are accepting this agreement on behalf of Your employer, You affirm that You have the authority to accept this agreement on its behalf. You affirm that You are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, warranties, and indemnification set forth in these Terms, and to abide by and comply with these Terms.
We reserve the right to modify or discontinue the Service (or any portion of the Service), temporarily or permanently, with or without notice to You, and are not obligated to support or update the Service. YOU AGREE THAT ESSITY SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY IN THE EVENT THAT WE EXERCISE OUR RIGHT TO MODIFY OR DISCONTINUE THE SERVICE (OR ANY PORTION OF THE SERVICE). Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to these Terms.
BY USING THE SERVICE, YOU AGREE TO BE BOUND BY THE MOST RECENT VERSION OF THE TERMS. We may change these Terms at any time. Please review the Terms each time You visit the Service to keep informed of the current Terms. In the event of a change in these Terms we will endeavor to make a suitable announcement on the TorkConnect website. By continuing to access, browse and use this Website, you will be deemed to have agreed to any changes or updates to the Terms.
These Terms include a disclaimer of warranties, a disclaimer of liability, as well as a release and indemnification by You, in Sections 1, 3, 6, 9-11. Please review those sections (and all other terms) carefully.
2. Privacy Policy
Our Privacy Policy describes the information Essity collects when You and others use the Service. It also describes how Essity uses any personal information You share with it. The Privacy Policy is part of these Terms and may be accessed at www.tork.co.za/connect/Consent/PrivacyPolicy.
3. Links to and from the Service
The Service may contain links to third-party websites and online services (such as social media sites) that are not owned or controlled by Essity. Essity has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or online services, and You access and use these websites or online services solely at Your own risk. These links are provided for Your reference and convenience only, and do not necessarily imply any endorsement, sponsorship or recommendation of the material on these third-party websites or online services or any association with their operators. In addition, Essity will not and cannot control or edit the content of any third-party website or online service. BY USING THE SERVICE, YOU EXPRESSLY RELEASE ESSITY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, LICENSORS, LICENSEES, AND SUPPLIERS (COLLECTIVELY “THE ESSITY PARTIES”) FROM ANY AND ALL LIABILITY ARISING FROM YOUR USE OF ANY THIRD-PARTY WEBSITE OR ONLINE SERVICES AND FROM ANY LOSS OR DAMAGE OF ANY SORT YOU MAY INCUR FROM DEALING WITH ANY THIRD-PARTY. Accordingly, we encourage You to be aware when You leave the Service and to read the terms and conditions of use for each other website or online service that You visit.
Except as You have otherwise agreed with Essity in writing, You may link to the Service from Your website, subject to the following: (1) You may not frame the Service or any portion of the Service; (2) You will not override or hinder the functionality of an end-user’s Web browser’s “back” function; (3) the link must be identified using a plain text rendering of the Essity or Tork name and not any Essity or Tork logo; (4) You may not use any Essity or Tork logo in any way; (5) You may not use the link in any way that suggests that Essity is associated with or endorses You or Your website; (6) the link may not appear on any website that a reasonable person may consider obscene, defamatory, harassing, offensive or malicious, and may not be presented in any way that disparages Essity or damages its rights, reputation, or goodwill; and (7) we may terminate Your right to link to the Service at any time for any reason or no reason.
4. Restrictions on Use of Service
In Your use of the Service, You will not:
• use the Service for any purpose other than for using the features we intentionally make available to You;
• upload, email, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or other form of solicitation;
• post, transmit or submit any information that Essity, in its sole discretion, determines is confidential (including social security or alternate national identity numbers, sensitive personal information, non-public phone numbers or non-public email addresses), false, misleading, unlawful, infringing, threatening, abusive, harassing, libelous, defamatory, discriminatory, obscene, offensive, inflammatory, scandalous, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate the law;
• upload, download, post, email or otherwise transmit any material that may infringe copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any party;
• copy, download or distribute any part of the Service in any form or medium without the prior written authorization of Essity;
• alter, modify or make derivative works from any part of the Service without the prior written authorization of Essity;
• provide false personal information of anyone other than yourself without permission;
• use web crawlers, web robots, web scutters, ants, automatic indexers, bots, worms, and other such devices in connection with the Service; provided, however, that general purpose Internet search engines and non-commercial public archives that use tools to gather information for the sole purpose of displaying hyperlinks to the Service are granted a limited exception from the foregoing exclusion, provided that they do so from a stable IP address or range of IP addresses using an easily-identifiable agent;
• use the Service in any manner that could damage, disable, overburden, or impair the Service or interfere with any other party’s use of the Service;
• obtain or attempt to obtain any content through any means not intentionally made available or provided for through the Service;
• impersonate or misrepresent any person or entity or your affiliation with someone else;
• remove, modify, disable, block, obscure or otherwise impair any advertising in connection with the Service; or
• post or transmit any worms, viruses, Trojans, or other harmful, disruptive, or destructive files, code, or programs to the Service.
Essity will fully cooperate with any law enforcement authorities or court order requesting or directing Essity to disclose the identity of anyone violating these Terms.
5. Intellectual Property
Everything You see, hear, or otherwise experience on the Service, including but not limited to the graphics, videos, audio recordings, text, software, photographs, scripts, software screens, design elements, artwork, templates, layout designs, interactive features and the like, the concepts and ideas underlying the Service, and all statistical, analytical, and other data captured by or through the Service (collectively, “Content”) and the trademarks, service marks and logos contained therein (“Marks”), are owned by or licensed to Essity, subject to copyright and other intellectual property rights under the laws of individual nations and international conventions. Essity owns the copyright in the selection, coordination, arrangement and enhancement of the Content. Any unauthorized use of any materials on the Service or use of the Marks may violate copyright, trademark, and other laws. ESSITY, TORK, TORK USA, TORK CONNECT, XPRESSNAP, PEAKSERVE, SERVEONE and EASYCUBE, among others, are trademarks of Essity.
For business purposes, You may view, copy, and print pages and assets from the Service. Otherwise, except as specifically stated in the Service’s Shared Documents Download and Marketing and Products Assets Download functions, the Service may not be copied, downloaded, modified, reproduced, distributed, published, performed, streamed, transmitted, broadcasted, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. Essity reserves all rights not expressly granted in and to the Service, the Content, and the Marks. You agree not to use, copy, download, or distribute any of the Content other than as expressly permitted herein. You may not incorporate the Content into, or stream or transmit the Content via any hardware or software application or make it available via frames or in-line links unless expressly permitted by Essity in writing. You may not create, recreate, advertise or distribute an index of a significant portion of the Content unless authorized in writing by us. You may not build a business using the Content, whether or not for profit. If You copy or print pages of the Content for personal use, You must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the Service or features that prevent or restrict use or copying of any Content or enforce limitations on use of the Service or the Content therein, nor may You scrape or use any extraction methods to obtain any Content or data from the Service.
You shall not, and shall not permit others to, license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party, all or any part of the rights granted to You under these Terms, the Service, or any content or materials accessible through the Service, in whole or part.
6. User Submissions
The Service may permit the submission of text, graphics, photos, videos, material, information, comments, feedback, notes, messages, ideas, concepts, know-how, techniques, or other communications submitted, uploaded, transmitted, or posted by You and other users (“User Submissions”) and the hosting, sharing, and/or publishing of such User Submissions. By submitting any such materials to the Service, You represent and warrant that You will not submit or post material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to submit or post the material and to grant Essity all of the license rights granted herein. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your posting or submitting User Submissions. ESSITY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY IN CONNECTION WITH USER SUBMISSIONS.
In connection with User Submissions, You represent and warrant that You will not: (i) transmit, submit, upload, or post material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless You are the owner of such rights or have permission from their rightful owner to transmit, submit, or post the material and to grant Essity all of the license rights granted herein; (ii) publish falsehoods or misrepresentations that could damage Essity or any third party; (iii) transmit, submit, or post material that involves gambling, gaming, sweepstakes, and/or any other activity with an entry fee and a prize, or (iv) transmit, submit, or post material that is otherwise inappropriate. In addition, You agree to pay for all royalties, fees, and other payments owed to any party by reason of Your transmitting, posting or submitting User Submissions. ESSITY does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and the ESSITY Parties expressly disclaim any and all liability in connection with User Submissions. Essity does not permit copyright infringing activities, infringement of rights of publicity, or infringement of other intellectual property rights on its Service. Essity will not necessarily monitor User Submissions. However, Essity reserves the right to monitor, alter, edit, or remove Content (including User Submissions) and block users without prior notice and for any reason. Essity also reserves sole discretion to decide whether any Content (including a User Submission) is appropriate and complies with these Terms of Use.
If You submit any User Submissions to Essity, You hereby grant a non-exclusive, royalty-free, perpetual right and license to Essity and its affiliates to use, reproduce, distribute, display, transmit, publish, modify, edit and/or create derivative works from the User Submissions in any format, including without limitation, coding or watermarking such User Submissions, on the Service and in related promotional materials provided in any medium, forum or format, for any purpose of Essity or its affiliates in their sole discretion.
You also agree that immediately upon the creation by or on behalf of Essity of any derivative works from, modifications, edits or other changes to the User Submissions (the “Modified Content”), the Modified Content will become the sole and exclusive property of Essity and that we will own the entire right, title and interest in and to the Modified Content, including the right to secure copyright registration for the Modified Content and to otherwise use the Modified Content for any purpose as determined by Essity in its sole discretion. You hereby grant, assign, transfer and convey any and all right, title or interest You have or may be deemed to have in and to the Modified Content to Essity.
Essity welcomes Your comments and suggestions. However, except for any personal information we may collect from You pursuant to our Privacy Policy, User Submissions will be considered non-confidential and non-proprietary. You understand that whether or not such User Submissions are published or posted, Essity (1) does not guarantee any confidentiality with respect to any User Submissions (except as described in our Privacy Policy), (2) does not pay any compensation for User Submissions, and (3) is under no obligation to respond to or post any User Submissions.
7. Advertisement Release
Essity takes no responsibility for advertisements or any third-party material posted on or transmitted through the Service, nor does it take any responsibility for the products or services provided by other service providers with Content on the Service (“Advertisers”). Any dealings You have with Advertisers found while using the Service are between You and the Advertiser, and You agree that Essity is not liable for any loss or claim that You may have against an Advertiser.
8. Warranties
You warrant and represent to Essity as set out below:
(a) The information provided to Essity in any registration screen, profile, email, telephone call or through other means including all personal details, contact details and all other data provided to Essity, is true in all respects, up-to-date and not misleading.
(b) You will keep the information referred to in paragraph (a) up to date.
(c) You will not access the Service under false identity or pretext and will not use it to falsify your or any other person's identity.
(d) You will use the Service lawfully and in good faith.
9. Disclaimers
The Essity parties disclaim to the fullest extent permitted by law and you waive any representation or warranty express, implied, statutory, that may be implied by these terms, by custom, or by law or otherwise and which is not expressly set out herein, including any implied warranties of availability of the service, non-disruption, security, accuracy, the use of reasonable care and skill, quality, merchantability, title or entitlement, fitness for a particular purpose.
the Essity parties do not represent or warrant that the information on the service or on any websites or apps linked to the service is accurate, complete or current; that the service will operate without interruption or error; that the quality, safety or legality of any content, products, service, information or other material purchased or obtained by you through the service or agreements you enter with third parties such as advertisers will meet your expectations; that the service will operate in combination with other hardware, software, systems or data not provided by Essity; or that service errors will be corrected. The Essity parties assume no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever (including, without limitation, data loss or corruption), resulting from your access to and use of the service, (iii) unauthorized access to or use of our servers and/or any and all personal information, content, and/or information stored therein, (iv) interruption or cessation of transmission to or from the service, (v) bugs, viruses, trojan horses, destructive computer codes, or the like which may be transmitted to or through the service by any third-party, and/or (vi) loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the service.
10. Indemnity
Each of Essity and You (each, an “ Indemnifying Party”) shall indemnify, defend and hold harmless the other, from and against any and all claims, demands, actions, liabilities, fines, penalties, losses, damages and expenses, including, without limitation, attorney’s fees and charges arising from or related to such Indemnifying Party’s acts or omissions in connection with the provision or use of the Service, including, without limitation, any breach by such Indemnifying Party of its obligations under these Terms.
11. Limitations on Liability
In no event shall either party be liable to the other or any third-party for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever resulting from the service or third-party products or services, or in connection with any warranties hereunder, or in connection with the service for any indirect, incidental, consequential or special damages, including any loss of profits or savings or anticipated profits or savings, data, opportunity, reputation, goodwill or business.
The Essity parties will have no liability whatsoever for any damage, liability or loss that you may incur, or for any other undesirable consequences, resulting from: (1) any suspension or disruption of the service, including where such suspension or disruption results from Essity’ s negligence, (2) any errors, mistakes, or inaccuracies of content, (3) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the service, (4) unauthorized access to or use of the Essity Parties’ servers and/or any and all information stored therein, (5) interruption or cessation of transmission to or from the service; (6) inadequate or faulty hardware operating the service; (7) bugs, viruses, trojan horses, or the like, which may be transmitted to or through the service by any third-party, (8) user content, third-party websites or apps; (9) errors or omissions in any content; or (10) any loss or damage of any kind incurred as a result of your use of any content wherein such content or advertisement is posted, emailed, transmitted, or otherwise made available via the service, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Essity Parties are advised of the possibility of such damages. The foregoing limitations of liability will apply to the fullest extent permitted by law in the applicable jurisdiction.
The Essity Parties will have no liability whatsoever for any damage, liability or loss that you or any other person may incur, or for any other undesirable consequences, resulting from your breach of your warranties or other obligations under these terms including, without limitation, the obligation to avoid sharing your email account information with any other person.
Any claims relating to use of the Service must be bought within one (1) year from the date the cause of action arose. Claims brought after such period are VOID. The Service is controlled and offered by Essity from its facilities in Sweden. Those who access or use the Service do so at their own volition and are responsible for compliance with local and all other applicable laws, restrictions, and regulations.
12. Equitable Relief
If You violate these Terms, we may seek injunctive relief or other equitable relief as available under applicable law.
13. Assignment
These Terms, and any rights and licenses granted hereunder, may be transferred or assigned by You only with Essity’s prior written consent, but may be assigned by Essity without restriction and without notice to You.
14. General
These Terms constitute the entire agreement between the parties between the parties in relation to the terms of use of the Tork Connect Service and supersede all other agreements, statements, and other arrangements between the parties in relation to the subject matter hereof, provided, however, that each party acknowledges and agrees that these Terms do not replace or supersede the terms and conditions of any distribution agreement or agreement of sale between the parties. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction, to be invalid, void, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms 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 any other term, and Essity’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. These Terms are governed by the law of Sweden, without regard to conflict of law provisions, and the parties submit to the exclusive jurisdiction of the courts of Sweden in relation to any dispute between them arising out of the subject matter of these Terms. You may benefit from any mandatory provision of the law of the country in which you reside. Nothing in the Terms, including choice of law, affects your right to rely on such mandatory provisions of local law, to the extent and as applicable.