TERMS AND CONDITIONS OF USE

Your use of the Winterhalter.com website ("Winterhalter Website") from a location in Australia or New Zealand is subject to:

  • these terms of use;
  • our Privacy Policy, and
  • any other terms, conditions, notices or disclaimers displayed on the Winterhalter Website

(collectively called the "Website Terms").

The Winterhalter Website is owned by Winterhalter (Australia) Pty Ltd (ABN (31 141 216 908) (“Winterhalter”) which is a subsidiary of Winterhalter Deutschland GmbH of Meckenbeuren, Germany (in these Website Terms called; "we", "our" or "us")

By using the Winterhalter Website you will be deemed to accept the Website Terms and agree to be bound by them.

Changes to the Website Terms

We may change the Website Terms from time to time by publishing an updated version on a Winterhalter Website. 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.

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.

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

We 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.

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.

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 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.

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.

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.

Governing law

The Website Terms are governed by the law in force in the State of New South Wales, Australia.

Last Updated: 1 September 2018

Your use of the Winterhalter.com website ("Winterhalter Website") from a location in Australia or New Zealand is subject to:

  • these terms of use;
  • our Privacy Policy, and
  • any other terms, conditions, notices or disclaimers displayed on the Winterhalter Website

(collectively called the "Website Terms").

The Winterhalter Website is owned by Winterhalter (Australia) Pty Ltd (ABN (31 141 216 908) (“Winterhalter”) which is a subsidiary of Winterhalter Deutschland GmbH of Meckenbeuren, Germany (in these Website Terms called; "we", "our" or "us")

By using the Winterhalter Website you will be deemed to accept the Website Terms and agree to be bound by them.

Changes to the Website Terms

We may change the Website Terms from time to time by publishing an updated version on a Winterhalter Website. 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.

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.

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

We 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.

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.

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 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.

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.

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.

Governing law

The Website Terms are governed by the law in force in the State of New South Wales, Australia.

Last Updated: 1 September 2018

 

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