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USER ACCESS AGREEMENT

1. PARTIES

1.1 You.

1.2 Cambur Industries Pty Ltd ACN 004 538 792 trading as “fissler.com.au” (“Fissler”).

 

2. BACKGROUND    

2.1 This User Access Agreement ("Agreement"):

(a) comprise a binding agreement between you as the user of the Website, and Fissler; and

(b) governs your use of the Fissler website located at www.fissler.com.au including any forms and payment systems (collectively, “Website”).

2.2 You should read and understand these terms before you use or continue to use the Facility.

2.3 By continuing to use the Website, you acknowledge and agree that you:

(a) have had sufficient chance to read and understand this Agreement; and

(b) agree to be bound by all of this Agreement without alteration.

 

3. LINKS TO OTHER WEBSITES

3.1 The Website may contain links to sites on the world wide web owned and operated by third parties and which are not under Fissler’s control (“Linked Sites”).

3.2 In relation to Linked Sites, Fissler:

(a) provides the links to Linked Sites as a convenience to you;

(b) the existence of a link to Linked Sites does not imply any endorsement by Fissler of:

(i) the Other Site; or

(ii) products being offered on the Other Site; and

(c) is not responsible for the material contained on those Linked Sites.

3.3 You should seek your own advice before deciding to acquire any products from Linked Sites.

 

4. INTELLECTUAL PROPERTY

4.1 Fissler owns all intellectual property rights in all text, graphics, interfaces, photograph, artwork and computer code contained in the Website (“Content”).

4.2 You must not copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute in any way (including “mirroring”) any Content to any other computer, server.

4.3 You must not:

(a) scan or test the vulnerability of the Website or any network connected to the Website;

(b) breach the security or authentication measures on the Website or any network connected to the Website; or

(c) do anything that may interfere with the proper operation of the Website.

 

5. DISCLAIMER

5.1 Subject to the Law, Fissler gives no warranty, guarantee or representation about the accuracy, reliability or timeliness or otherwise of the System or information contained on the Website and/or Linked Sites.

5.2 Fissler does not warrant guarantee or make any representation that:

(a) the Website, the Website server or Linked Sites are free of software viruses;

(b) the functions contained in any software contained on the Website or Linked Sites will operate uninterrupted or are error-free; and

(c) errors and defects in the Website or Linked Sites will be corrected.

5.3 Fissler is not liable to you for:

(a) errors or omissions in the Website or Linked Sites; or

(b) delays to, interruptions of or cessation of the services provided in the Website, the System or Linked Sites, whether caused through negligence of Fissler, its employees or independent contractors, or through any other cause.

5.4 By accessing or using this Website, the System or Linked Sites you accept sole responsibility and risk associated with the use of information or products contained in this Website or Linked Sites.

5.5 As a user of this Website, you should make your own enquiries before entering into any transaction on the basis of or in reliance upon any Content.

5.6 To the extent permitted by law, Fissler and its employees, officers, agents and contractors are excluded from all liability for any loss or damage (including indirect, special or consequential loss or damage) arising from your use of, or reliance upon the Content whether or not this is caused by a negligent act or omission.

 

6. AMENDMENT AND TERMINATION

6.1 Fissler may terminate access to the Website at any time without giving any explanation or justification for the termination of access.

6.2 Fissler has no liability for any costs, losses or damages of any kind arising as a consequence of terminating access to the Website.

6.3 Fissler reserves the right to change this Agreement:

(a) with or without further notice to you; and

(b) without giving you any explanation or justification for such change.

 

7. MISCELLANEOUS

7.1 Currency.  Unless otherwise stated, all prices in any Content are in Australian dollars inclusive of GST.

7.2  Severance.  If any provision of this Agreement is invalid, unlawful, void or unenforceable it will be taken to have been severed without affecting any other of the provisions of this Agreement.

Duration of provisions

7.3 The covenants, rights, entitlements, duties, warranties, conditions, provisions, undertakings, and obligations contained in this Agreement do not merge upon termination of your relationship with Fissler.

7.4 Governing law.  This Agreement are governed by the laws of the State of Victoria, except to the extent to which they are overridden by Commonwealth laws (“Law”).

7.5 The parties submit to the jurisdiction of the courts of the State of Victoria

 

8. DEFINED TERMS AND INTERPRETATION

8.1 In this document including the background, and any appendices and/or schedules, except where the context otherwise requires:

(a) another grammatical form of a defined word or expression has a corresponding meaning;

(b) the meaning of general words is not limited by specific examples introduced by ”including”, “for example” or similar expressions;

(c) the singular includes the plural and vice versa, and a gender includes other genders;

(d) a reference to a party is to a party to this document, and a reference to a party to a document includes the party’s executors, administrators, successors and permitted assigns and substitutes; and

(e) a reference to any thing includes any part of that thing and a reference to a group of things or persons includes each thing or person in that group.

 

Click here to view Cambur Industries Terms and Conditions document