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Terms and Conditions

Terms and Conditions

Use of Website and Application

Your access to and use of the information contained in this Website and Application is subject to these terms (“Terms of Use”). Please read and review these Terms of Use carefully before accessing or using this Website and/or Application as they contain important information regarding your legal rights, remedies and obligations. By accessing or using this Website and/or Application, you acknowledge that you have read, understood and agree to be bound by these Terms.

Eligibility 

You must be 18 years of age or older and resident in the UK (but not resident in the Channel Islands) to access or use this Website and/or Application. Employees and their families of Johnson & Johnson and its affiliate companies, their agencies and anyone professionally connected with this Website and/or Application are not eligible to access or use this Website and Application. By using this Website and/or Application, you represent and warrant that you are eligible to use this Website and/or Application and that you are 18 years of age or older.

Content and Limitation of Liability 

The information on this Website and Application is provided for educational purposes only. Johnson & Johnson will use reasonable efforts to include accurate and up-to-date information on this Website and Application but make no warranties or representations of any kind as to its accuracy, currency or completeness. This Website, Application and all Content (defined below) are provided on an “as is” basis. You agree that access to and use of this Website and/or Application and the content thereof is at your own risk. Inclusion of any Store Locator information does not imply its endorsement by Johnson & Johnson or the endorsement of any third party products which such stores may sell.

Johnson & Johnson disclaims all warranties, express or implied, including warranties of satisfactory quality or fitness for a particular purpose. Save as permitted by law, neither Johnson & Johnson, nor any party involved in creating, producing or delivering this Website and/or Application shall be liable for any damages, including without limitation, direct, incidental, consequential, indirect or punitive damages, arising out of access to, use of or inability to use this Website and/or Application, or any errors or omissions in the content thereof. This limitation includes damages to, or for any viruses that infect, your computer equipment. 

Johnson & Johnson, its affiliates and third party agents do not limit in any way our liability by law for death or personal injury caused from our negligence or breach of duty or caused by our gross negligence or wilful misconduct or for fraud or for any other liability which cannot be limited or excluded under the laws of England. 

Conduct

You understand that this Website and Application are available for your personal, non-commercial use only. You must not use this Website and/or Application in any way that causes, or is likely to cause, this Website and/or Application or access to them to be interrupted, damaged or impaired in any way and you must only use this Website and/or Application for lawful purposes.

You agree to indemnify Johnson & Johnson, its affiliates and third party agents for all claims brought by a third party against Johnson & Johnson, its affiliates or third party agents arising out of or in connection with your use of this Website and/or Application or a breach of any of your obligations in respect of this paragraph (Conduct).

We reserve the right to refuse or terminate access to this Website and Application at our discretion.

Uploading Material to this Website and/ or Application

Whenever you make use of a feature that allows you to upload material to this Website and/or Application, you warrant that any such contribution complies with these Terms of Use.

Any material you upload to this Website and/or Application will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose.

We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of this Website and/or Application.

We have the right to remove any material or posting you make on this Website and/or Application if, in our opinion, such material does not comply with these Terms of Use.

Third party Websites and links 

This Website and/or Application may contain links or references to other Websites maintained by third parties over whom we have no control. Such links are provided merely as a convenience. Similarly, this Website and/or Application may be accessed from third party links over which Johnson & Johnson has no control. Johnson & Johnson makes no warranties or representations of any kind as to the accuracy, currency, or completeness of any information contained in such Websites and shall have no liability for any damages or injuries of any kind arising from such content or information. Inclusion of any third party link does not imply its endorsement by Johnson & Johnson.

Medical information

This Website and Application contains general information relating to various allergies and hay fever and their treatment. Such information is provided for informational purposes only and is not intended to replace discussions with a doctor or other qualified healthcare professionals. This Website and Application does not provide medical advice. Additionally, the information contained herein should not be used for diagnosing a health condition or fitness problem. All decisions about the treatment and management of any conditions must be made with a healthcare professional, considering the personal medical history and circumstances of the individual. Any users of this Website and Application should contact their doctor's surgery or an appropriate health professional if they have any concerns about any aspect about their health.

Ownership and Intellectual Property Rights

Copyright and ownership

The entire contents of this Website and Application are subject to copyright protection. Copyright © 2014 Johnson & Johnson Limited. All rights reserved.

Johnson & Johnson or its licensors own all right interest and title in this Website and Application and any and all content in this Website and Application, including but not limited to design, text, graphics, other files, and their selection and arrangement as well as any software provided through or in conjunction with this Website and/or Application including any and all applications, renewals, extensions and restorations thereof (the “Content”).

The Content may not be copied, modified, adapted, translated, decompiled reverse engineered, disassembled, other than for non-commercial individual reference with all copyright or other proprietary notices retained, and thereafter may not be recopied, reproduced or otherwise redistributed. Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish or retransmit any information, text or documents contained in this Website and/or Application, or any portion thereof in any electronic medium or in hard copy, or create any derivative work based on such images, text or documents, without the express written consent of Johnson & Johnson. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any licence or right under any patent or trademark of Johnson & Johnson (UK) Ltd, its affiliates, or any third party.

Trademarks

All patents, trademarks including the Benadryl® name and logo, the Johnson & Johnson name and logo, logos, service marks, including trade dress, trade secret, copyright and other intellectual property rights associated with this Website, Application and the Content, are the property of Johnson & Johnson or its licensors, all rights reserved, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Johnson & Johnson under a separate agreement.

The use or misuse of these trademarks or any other materials, except as permitted herein, is expressly prohibited and may be in breach of copyright law, trademark law, the law of slander and libel, and communications regulations and statutes. Please be advised that Johnson & Johnson actively and aggressively enforces its intellectual property rights to the fullest extent of the law.

Privacy

Johnson & Johnson respects the privacy of its Website and Application users. Please refer to our Privacy Policy which explains users' rights and responsibilities with respect to information that is disclosed on this Website and Application.

Void where prohibited

This Website, Application and its contents are intended to comply with the laws and regulations in the UK. Although the information on this Website and Application is accessible to users outside the UK, the information on this Website and Application is intended for use only by residents of the UK (excluding Channel Islands). Other countries may have laws, regulatory requirements and medical practices that differ from those in England.

Governing law

This Terms of Use Agreement and your use of this Website and Application shall be governed by the laws of England. The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to this Website and/or Application.

Miscellaneous

If any provision of this Agreement is held to be unlawful, void or unenforceable, then such provision shall be severable without affecting the enforceability of all remaining provisions.

“My Location” update service

This Service is open to residents of the United Kingdom (excluding Channel Islands) only who are aged 18 years or over, except employees and their families of Johnson & Johnson and its affiliate companies, their agencies and anyone professionally connected with this Service.

As a result of you providing us with a postcode or geographical location we will show you the most relevant pollen data for your chosen area. We will retain the postcode or geographic location in a cookie so that the next time you return to that web page, we will automatically display the pollen data for your previously chosen area. Please see the Passive Information Collection in our Privacy Policy for further details about how this works.

Johnson & Johnson gives no warranty as to the accuracy or completeness of the pollen data, and the pollen data is provided on an “as is” basis. We will not be liable to you or anyone to whom you disclose the pollen data if it is relied upon (but this will not limit or exclude any liability for fraud). Johnson & Johnson is not responsible for anyone failing to obtain pollen data from the Service as a result of any technical failures.

Copyright in the pollen data remains with Johnson & Johnson or its licensors and the pollen data may not be copied, reproduced or otherwise redistributed.

BENADRYL® store locator service

As a result of you providing us with a postcode or geographic location we will show you the name and address of stores in your chosen area that stock BENADRYL® Products (the “Service"). We will not store the postcode or geographic location in our database once we have provided you with the store information but we will retain the postcode or geographic location in a cookie so that the next time you return to that web page, we will automatically display the details for your previously chosen area. Please see the Passive Information Collection in our Privacy Policy for further details about how this works.

Johnson & Johnson gives no warranty as to the accuracy or completeness of the store information, nor does it guarantee that the store you visit will have stock of BENADRYL® Products available. For the avoidance of doubt, other stores, not shown via this Service, may also stock BENADRYL® Products. Johnson & Johnson is not responsible for anyone failing to obtain store information from the Service as a result of any technical failures.

Term and Termination

This Agreement contained herein shall remain in full force and effect while you use the Website and/or Application. Termination of this Agreement shall not affect our or your accrued rights or liabilities or affect the coming into force or the continuance in force of any provision that is expressly or by implication intended to come into or continue in force on or after termination. We may terminate your use of or access to this Website and/or Application for any reason, at any time. You agree that Johnson & Johnson will not have any liability whatsoever to you for any termination of use of this Website and/or Application. 

Changes to the Terms of Use and Website and Application

We may revise these Terms of Use at any time by amending this page. You are expected to check this page from time to time to take notice of any changes we have made.

If any of the Terms of Use is deemed invalid, void, or for any reason unenforceable, that condition will be deemed severable and will not affect the validity and enforceability of any remaining condition.

Johnson & Johnson may at any time modify, discontinue or suspend its operation of this Website and/or Application or the delivery of the Programs or any part thereof temporarily or permanently without notice to you.

Johnson & Johnson reserves the right to alter or delete materials from this Website and/or Application at any time, at its discretion.

BENADRYL® Social Pollen Count Application Additional Terms of Use

These additional terms are supplemental to and incorporate the above Terms of Use, but apply to the Application only. Please read these terms carefully before accessing or using this Application as they contain important information regarding your legal rights, remedies and obligations. By using the Application via the Website, you agree that you have read, understand and agree to be bound by these Application Terms of Use.

Introduction

The BENADRYL® Social Pollen Count helps you fight hay fever together with other sufferers by letting you add your own pollen hotspots to help each other. By providing us with a postcode or geographic location, we combine official Met Office data and live pollen alerts from sufferers (“Pollen Data”) to build a Social Pollen Count map and show exactly how pollen is behaving in this area. Where possible, Pollen Data includes exact location, the severity of the pollen and cause of the pollen (e.g. tree, grass, wind). You can also set up an alarm for a specific location to indicate when the pollen count is at a certain level. The information provided on this Application is intended for educational purposes only, and is not intended to be a substitute for advice provided by a qualified healthcare professional. 

Application Availability

The Application is active during the peak hay fever season and will cease to be active from Saturday 31st August 2015.

Features of the Application 

The BENADRYL® SOCIAL Pollen Count map

The BENADRYL® Social Pollen Count map is built by using the postcode or geographic location which users provide and combining official Met Office data and live pollen alerts from sufferers to show exactly how pollen is behaving in this area.

Manual Entry of information onto the BENDARYL® Social Pollen Count map

You may contribute to the Social Pollen Count map by entering a postcode or geographic location and your hay fever symptoms. This Application will populate the Social Pollen Count map with your entry which will be used to show the Pollen Data in your area. This data including the postcode or geographic location, severity of symptoms and cause of pollen will be stored on the BENADRYL® Social Pollen Count database and we will process the information you provide in accordance with our Privacy Policy.

We may also retain your postcode or geographic location in a cookie so that the next time you return to this page in the Application we will automatically use the “My Location” update service to display the alert for your previously chosen area. Please see the Passive Information Collection in our Privacy Policy for further details about how this works.

No Warranty

Johnson & Johnson gives no warranty as to the accuracy or completeness of the Pollen Data shown on the BENADRYL® Social Pollen Count map, and the Pollen Data is provided on an “as is” basis. We will not be liable to you or anyone to whom you disclose the Pollen Data if it is relied upon.

These Terms of Use were last updated on 3/09/2015.