TERMS AND CONDITIONS OF USE OF WEBSITE
Your use of the Winterhalter Australia and New Zealand websites (together called the "Winterhalter Website") from a location in Australia or New Zealand is subject to:
- these terms and conditions of use;
- our Privacy Statement, and
- any other terms, conditions, notices or disclaimers displayed on the Winterhalter Website
(collectively called the "Website Terms").
The Australian Winterhalter Website is owned by Winterhalter (Australia) Pty Ltd (ABN 31 141 216 908) and the New Zealand Winterhalter Website is owned by Winterhalter (New Zealand) Limited (NZBN 9429047292543) (together called “Winterhalter”) which are subsidiaries of Winterhalter Deutschland GmbH of Meckenbeuren, Germany (in these Website Terms called; "we", "our" or "us").
Acceptance of Website Terms
The Website Terms are a legal agreement between you, being a user of the Winterhalter Website, and Winterhalter, in respect of your access to and use of the Winterhalter Website. By using the Winterhalter Website you acknowledge and agree to be bound by these Website Terms. If you do not agree to be bound by these Website Terms, do not access or use the Winterhalter Website.
Where you are using the Winterhalter Website on behalf of an organisation, you hereby irrevocably agree to these Website Terms for your organisation and undertake to Winterhalter that you have the authority to bind that organisation to these Website Terms (in which event, “you” and “your” will also refer to that organisation).In consideration for you complying with these Website Terms at all times, we grant you a non-exclusive, non-transferrable worldwide licence to use and access the Winterhalter Website on the terms set out in these Website Terms.
No unlawful, infringing or offensive activity
You must not post or transmit to or via the Winterhalter Website any information or material, or otherwise use the Winterhalter Website for any activity, which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
Changes to the Website Terms
We may change the Website Terms from time to time by publishing an updated version on a Winterhalter Website. You will be responsible for ensuring that you are familiar with the latest Website Terms. By continuing to use the Winterhalter Website you will be deemed to accept the updated Website Terms and agree to be bound by them.
Registration may be required to access
We may require you to register with us, in order to access some parts of the Winterhalter Website. You must provide true, accurate and complete information to us when you register with us on the Winterhalter Website.
You are entitled to decline to provide your personal information to us in accordance with our Privacy Statement. However, you will be unable to register for an account with us on the Winterhalter Website if you do not provide this information. This will mean that you may not be able to access certain parts of the Winterhalter Website.
Where you register with us, you must keep your registration details confidential and you will be responsible for any access to the Winterhalter Website using your registration details, even if the access is by a person other than you. You will also be responsible for selecting a password that is sufficiently complex in order to safeguard against unauthorised access to the Winterhalter Website.
If your login credentials have been inadvertently disclosed or compromised, you should promptly change your password by selecting this function on the Winterhalter Website. Where changing your password is insufficient to prevent further compromises or unauthorised access, you should immediately notify us.
You are solely responsible for all materials, information and data that you upload, provide, post or otherwise transmit through the Winterhalter Website, in accordance with these Website Terms.
Consent to Electronic Communications
By providing your contact details in any field or form on the Winterhalter Website, you agree to us sending you information about Winterhalter and other promotional material in accordance with the Privacy Statement, such as:
(a) notices about use of the Winterhalter Website, including notices of violations of use;
(b) updates to the Winterhalter Website and new features, products and/or services; and
(c) promotional information and materials regarding Winterhalter products and/or services and any products of our affiliates, related parties or any third party in accordance with the Privacy Statement.
You can unsubscribe from these messages by following the unsubscribe instructions in the message.
Notices emailed to you will be considered given and received when the email is sent. If you do not consent to receiving these notices (other than promotional materials) electronically, you must stop using the Winterhalter Website.
No unlawful, infringing or offensive activity
You must not post or transmit to or via the Winterhalter Website any information or material, or otherwise use the Winterhalter Website for any activity, which breaches any laws or regulations, infringes a third party’s rights or privacy or is contrary to any relevant standards or codes, including generally accepted community standards. You must also not permit or enable another person to do any of those things.
No viruses or other interference
You must not transmit to or via the Winterhalter Website any computer virus or other information or material or otherwise use the Winterhalter Website in a way which:
- tampers with, hinders the operation of, or makes unauthorised modifications to the Winterhalter Website;
- inhibits any other user from using the Winterhalter Website;
- defames, harasses, threatens, menaces or offends any person; or
- contains obscene, indecent, inflammatory or pornographic material, or material that could give rise to civil or criminal proceedings.
You must also not permit or enable another person to do any of those things.
We may suspend or terminate your access
YWe may suspend or terminate your access to all or any part of the Winterhalter Website at any time if, in our reasonable opinion, you breach these Website Terms.
Content that you submit to the Winterhalter Website
This section applies if you submit, post, transmit or otherwise make any material available via a Winterhalter Website ("your content").
Where you do so, you grant to us, a non-exclusive, irrevocable, perpetual, worldwide, royalty-free, transferable licence to use, reproduce, modify, adapt, publish or communicate to the public your content for the reasonable purposes of our business, and the right to sub-license those rights to others. You also consent to any act or omission that would otherwise infringe any of your rights (including your moral rights) in your content.
You warrant that you have the right to grant that licence, that our exercise of the licence rights above will not infringe the intellectual property rights of any person, and that the content is not defamatory and does not breach any law. To the extent permitted by law, you will indemnify Winterhalter against any cost, loss, damage, expenses, or other liability arising from any third-party demand or claim that any data provided by you, or your use of the Winterhalter Website:
(a) infringes a registered patent, trademark, or copyright of a third party, or misappropriates a trade secret (to the extent that such misappropriation is not the result of Winterhalter’s actions); or
(b) violates any applicable law or these Website Terms.
Winterhalter will reasonably notify you of any such claim or demand that is subject to your indemnification obligation.
We may monitor or review your content, but we are not obliged to do so. We may also alter or remove any of your content at any time, including to ensure the operational integrity of our services.
Winterhalter proprietary rights
All content and information relating to or on the Winterhalter Website, including but not limited to logos, designs, text, software, intellectual property, technical drawings, configurations, graphics, other files, and their selection and arrangement, belongs to Winterhalter and/or its affiliates or licensors. You acknowledge that Winterhalter and/or its affiliates or licensors exclusively own all content and information relating to or of the Winterhalter Website.
Winterhalter and/or its affiliates or licensors own and reserve all right, title and interest in and to the Winterhalter Website and all hardware, software and other items used to provide the Winterhalter Website, other than the rights we expressly grant to you to use the Winterhalter Website. No title to or ownership of any proprietary rights related to the Winterhalter Website is transferred to you pursuant to these Website Terms.
Permission is given for fair dealing with any Winterhalter copyright or trademark on the Winterhalter Website as permitted under copyright legislation, including for the purposes of private study and research. Apart from those uses, no part may be reproduced without Winterhalter’s prior written permission.
No warranties or representations
To the maximum extent permitted by law, we do not represent or warrant that the content on the Winterhalter Website is accurate, reliable, suitable, or complete.
In particular, even though we use reasonable care and skill in providing the Winterhalter Website, we cannot, and do not, promise that the Winterhalter Website will be continuously available or that it will be free of computer viruses or free of other fault.
Our liability to you
Except as set out under this section, we may be liable to you for breach of contract or negligence under the principles applied by the courts.
We are not liable for any loss or damage to the extent that it is caused by you.
To the maximum extent permitted by law, we exclude any liability to you that may otherwise arise as a result from your use of the Winterhalter Website in connection with any business purpose. Except to the extent strictly permitted by law, nothing in these Website Terms has the effect of contracting out of any applicable non-excludable consumer protection laws.
If we are not entitled by law to exclude liability arising from negligence or other tort or from breach of a statutory duty or other legislation, then to the extent we are permitted to do so, we limit that liability to resupply of the services, information or links and associated services, as the case may be.
References to external websites on the Winterhalter Website are provided as an information service only and should not be construed as an endorsement of any organisation or product. Although care has been taken to provide links to suitable material from the Winterhalter Website, no guarantee can be given about the suitability, completeness or accuracy of any of the material that may be linked to or other material on the internet. Winterhalter does not accept any liability for the data and content of such material that may be encountered, including the unavailability of such data and content.
Your liability to us
You are liable to us for breach of the Website Terms or negligence under the principles applied by the courts.
You are not liable to us for any loss to the extent that it is caused by us.
Inconsistent terms
If there is an inconsistency between these Website Terms and any other terms displayed on individual pages of the Winterhalter Website, those other terms will govern, to the extent of the inconsistency.
No waiver for breaches
If we do not act in relation to a breach of the Website Terms by you, we do not waive any rights to act in relation to that breach, or any later breach by you.
If you do not act in relation to a breach of the Website Terms by us, you do not waive any rights to act in relation to that breach, or any later breach by us.
Severability
These Website Terms apply to the maximum extent permitted by relevant law. If a court holds that we cannot enforce a part of these Website Terms as written, that part will be replaced with similar terms to the extent enforceable under the applicable law, and the rest of these Website Terms will remain in effect.
Entire Agreement
These Website Terms constitute the entire agreement between you and us regarding your use of the Winterhalter Website and supersedes any prior contract or oral or written statements regarding your use of the Winterhalter Website.
Privity
For the purposes of your use of the New Zealand version of the Website, the Contract and Commercial Law Act 2017 (New Zealand) provides that the agreements and undertakings set out in these Website Terms as given by you, are given for the benefit of any and all of the Winterhalter Group and are enforceable at the suit of each or any Winterhalter Group entity.
Assignment
We may assign, transfer, or otherwise dispose our rights and obligations under these Website Terms, in whole or in part, at any time without notice. You may not assign these terms or transfer any rights to use the Winterhalter Website, unless agreed by Winterhalter in writing.
Governing law
Where you are accessing the Winterhalter Website from somewhere in New Zealand, the Website Terms shall be governed by and construed in accordance with New Zealand laws. Where you are accessing the Winterhalter Website from Australia, the Website Terms shall be governed by the law in force in the State of New South Wales, Australia. In each case, the parties submit to the non-exclusive jurisdiction of the courts of the State of New South Wales.