Website Terms of Use

 
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Karcher Australia Website Terms & Conditions of Use

WEBSITE – TERMS OF USE

This Website (“Site”) is owned and operated by Kärcher Pty Ltd and Alfred Kärcher GmbH & Co. KG (“Kärcher”).

Use of this Site deems your agreement to be bound by the terms and conditions of use set out below (“Terms of Use”). Please read the Terms of Use carefully before using this Site. These Terms of Use are in addition to the specific Terms and Conditions of Trade that apply to the products and services offered by Kärcher.

Kärcher may amend the Terms of Use at its discretion and without notice by posting the amended Terms of Use on this Site. A copy of the current Terms of Use will be available on this Site at all times. By continuing to use this Site you accept the terms of Use as they apply from time to time. You should visit this page periodically to review the Terms of Use. If you violate any Terms of Use your right to use and access this Site automatically terminates.

Kärcher reserves the right to vary or modify the information, change or discontinue any feature or part of this Site, the hours of availability and the equipment required to obtain access, without notice.

Privacy
Consistent with the Privacy Act 1988 (Cth) (“Privacy Act”), Kärcher does not collect or record personal information, except that which you provide freely through online forms and email.

The types of information which Kärcher may collect and hold for its activities include, without limitation, an individual’s name, address, telephone number and email address (“Personal Information”).

Kärcher will collect and store Personal Information about you in accordance with these Terms of Use.

The security of information you transmit to Kärcher or Kärcher transmits to you over the Internet is not warranted as secure, and you transmit that information at your own risk.

Information Use and Disclosure 
Kärcher will not use or disclose Personal Information that it collects for any secondary purpose (other than the primary purpose of collection) without your consent unless:

  • The secondary purpose is related to the primary purpose (directlyrelated if sensitive information) and you would reasonably expect Kärcher to use the information for a secondary purpose; or
  • The use and disclosure is otherwise permitted under the Privacy Act.

By using this Site you will be deemed to consent to Kärcher using your Personal Information for the following purposes:

  • Notifying you about any new goods or services
  • Administering your requests for information in relation to Kärcher’s products
  • Monitoring your use of this Site

If you use this Site, but do not consent to the use of your Personal Information for any purpose specified above (other than monitoring your use of this Site) then please contact Kärcher via email. This excludes use of your Personal Information to provide you with information about changes to Kärcher’s terms and conditions, and information that you have requested Kärcher to supply.

Disclaimer
Kärcher does not warrant, guarantee or make any representations regarding the accuracy, adequacy, reliability, completeness, timeliness or any other aspect of the information available on the website (“Information”), or that it is suitable for your intended use. The Information is provided “as is” without warranty of any kind, express or implied to the full extent permitted by law, including, but not limited to implied warranties of merchantability and fitness for purpose.

You will be responsible for the content of any material you enter on this Site. All information you enter must be accurate, complete and not misleading, deceptive, defamatory or contrary to law. Kärcher is not responsible for and disclaims any liability in relation to the content of any messages or information posted by users, or for the content of information of third parties on the Internet, even if accessed through the Kärcher website. However, Kärcher reserves the right, which it may
or may not exercise in its sole discretion, to review, edit or delete any material that Kärcher deems to be illegal, offensive or otherwise inappropriate.

Kärcher makes no representation that the products listed on its Site are currently available at any time at the prices listed on this Site, and it is your responsibility to verify product availability and
pricing with Kärcher.

Kärcher does not warrant or represent that the information is free from human or mechanical error, technical inaccuracies or typographical errors or defects. The use of this Site and the information is at our own risk.

Kärcher makes no warranties, guarantees or representations that the material on this Site will not cause damage, or that the material is free from any computer virus or any other defects or errors or omissions. Kärcher recommends that virus checks should be done on any information downloaded.

All warranties, representations, and implied terms and any liability which may arise in relation to access to or use of this Site or the Information is expressly excluded by Kärcher to the maximum extent permitted by law.

Limitation of Liability 
You waive and release Kärcher, its servants and agents to the maximum extent permitted by law from any and all claims arising out of or related to the use of material or Information made available through this Site.

Kärcher, its servants and agents shall not, under any circumstances, be liable to any party for injury, loss or damage arising out of or related to the use, or the inability to use, the information or this Site or any other linked website. Under no circumstances will Kärcher be liable for any direct, indirect, incidental, special or consequential loss or damage arising out of the use of this Site or the
Information including loss of programs or data, loss of business, business interruption, lost business profits, even if Kärcher is expressly advised of the possibility of such damage. If your use of this Site or the Information results in the need for servicing or replacing equipment, Kärcher is not responsible for those costs.

Where liability cannot be excluded, any liability incurred by Kärcher is limited to the re-supply of the Information on this Site or the reasonable costs of having the Information re-supplied.

Links to other websites

You may be able, through hypertext or other computer links, to gain access to other websites on the Internet that are not part of this Site.

The linked sites included in this Site are not under the control of Kärcher and Kärcher is not responsible for the content of any linked site or any link contained in a linked site, or changes or updates to such sites. Kärcher provides these links for your convenience. Kärcher does not sponsor, endorse, adopt, confirm, guarantee or approve of any material or representations made in those websites.

Kärcher does not warrant that material on linked sites is free of any computer virus or any other defects or errors, infringements of intellectual property rights, nor does it authorise any such
infringement by reason of the linking of this Site to material on other websites.

You link to any such linked site at your own risk. Kärcher is not a party to any transaction between you and a linked site.

Intellectual Property 
Copyright © Kärcher Pty Ltd 2007. All rights reserved.

You acknowledge and agree that all content, coding, text, graphics and Information available on this Site is protected by copyright, trade mark or other intellectual property rights and laws.

No part of the Information may be copied, reproduced, modified, republished, uploaded, posted, transmitted or distributed in any form or manner without Kärcher’s written consent, save that you may download and print one copy of the Terms of Use and the Terms and Conditions of Trade for your personal non-commercial use, provided you retain all copyright and other proprietary notices.

You may only access and use the Information for personal or non-commercial purposes unless you have Kärcher’s prior written approval. All other use, copying, adaptation, transmission or
reproduction of this Site or any part of it is prohibited except to the extent permitted by Australian and international copyright law.

All trade marks, service marks and trade names which appear on this Site are proprietary to Kärcher. Use of these trade marks without Kärcher’s consent will infringe Kärcher’s intellectual property rights.
Nothing in this Site should be interpreted as granting any rights to use or distribute any names, logos, or trade marks except with the express written consent of the respective owner.

Spam 
The publication of electronic mail addresses on this Site is to facilitate communications relating to Kärcher functions and it must not be inferred as consent by Kärcher or the relevant addressee to
receiving unsolicited commercial electronic messages.

Jurisdiction 
By access and use of this Site, you agree to submit to the exclusive jurisdiction of the courts of Victoria, Australia if a conflict arises from the use of this Site.

If you choose to access this Site from other locations you are responsible for compliance with local laws, if and to the extent such local laws apply.

Severability
If any provision of the Terms of Use is unlawful, void or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining Terms of Use. This is the entire agreement between the parties relating to the subject matter.