BSH Home Appliances Pty Ltd
1555 Centre Road,
Clayton, Victoria, Australia 3168
Telephone: +61 3 8551 1100
Fax: +61 3 8551 1188
Website : www.gaggenau.com/au
WEBSITE TERMS OF USE
Terms
Thank you for visiting the BSH Home Appliances Pty Ltd (BSH) website and for your interest in the Bosch and Siemens Home Appliances Group’sGaggenau products. Please read these website Terms and Conditions of Use (Terms) carefully before accessing this website and the websites linked to it (website). By accessing the website and in consideration of BSH providing you with access to the website, you agree to be bound by and that you have taken note of these Terms. If you do not agree to any of these Terms, do not use the website. The website is owned and operated by BSH.
Intellectual Property rights
The website contains copyright material, brand names, trade marks and other intellectual property rights that are protected by law. You should assume that all names and logos are trade marks of BSH, the greater BSH Group or third parties, and that all content on this site is subject to copyright. You must not infringe any of those rights. In addition, you specifically acknowledge that you may not use, reproduce, transmit, adapt, vary or modify any material on the website for commercial use, except as otherwise expressly authorised by these Terms or with the express prior written consent of BSH. In particular, you should note that the logos, ‘BSH’, ‘Bosch’, ‘Siemens’ ‘Gaggenau’, ‘Neff’ and their symbols (amongst others) are registered trademarks of the BSH Group and/or its affiliates. Any use of BSH’s trade marks must be in accordance with its trade mark policy located on this website.
Licence to Use the website
You may:
(a) View the materials in this website.
(b) Access the materials in this website.
(c) Use this website strictly in accordance with the provisions of these Terms. If you wish to download and use any materials contained in the website for a temporary purpose (such as viewing offline), you may do so. However, downloading materials contained in this website for reproduction may only be done upon receipt of prior written consent from BSH. You must not establish links on any other websites to this website without the prior written consent of BSH.
Disclaimer
BSH:
(a) reserves the right to change, add or remove any material in or from the website without notice;
(b) has endeavoured to ensure that all information provided on the website is accurate, complete and up to date, but takes no responsibility for any error or omission relating to this information or for its suitability for your purposes;
(c) does not warrant that the functions contained in the website will be uninterrupted or without error, that defects will be corrected, or that electronic material in the website are free of viruses or other harmful components; and
(d) makes no warranty or representation and accepts no responsibility for any website operated or controlled by entities other than BSH which may be or become linked or framed to or from the website.
To the extent permitted by law, BSH excludes all liability, including negligence, for any loss incurred in reliance on the contents of the website.
Use of information
If you upload or otherwise provide any information or content for the purpose of, or in the course of accessing or using the website, you agree that such content will be used subject to BSH´s Privacy Policy. You can review the Privacy Policy located on this website.
Your conduct
You must not:
(a) use the website in breach of any applicable laws or regulations; or
(b) interfere with, disrupt, or create an undue burden on the website.
If you believe that a user has breached any of the above conditions, please contact the BSH Communications department on bshau-disec@bshg.com.
BSH reserves the right to block or suspend any user of its website, without notice.
Waiver
Failure or neglect by BSH to enforce at any time any of the provisions of these Terms will not be construed or deemed to be a waiver of the rights of BSH under these Terms.
Jurisdiction
These Terms will be governed by and construed according to the laws of the state of Victoria, Australia.
Changes to the Terms
BSH reserves the right to amend these Terms from time to time without notice. Amended Terms come into effect from the time they are posted on the website.
Severance of clauses
If any clause of these Terms is held to be invalid, void, unlawful or unenforceable for any reason, that clause will be severed from the Terms and it will not affect the validity and enforceability of the remainder of the Terms.
ACCEPTABLE USE POLICY
This acceptable use policy sets out the terms between you and BSH Home Appliances Pty Ltd (BSH) under which you may access the BSH website www.gaggenau.com/au (Site).This acceptable use policy applies to all users of, and visitors to, the Site.
Your use of the Site means that you accept, and agree to abide by, all the policies in this acceptable use policy, which supplement the BSH Website Terms of Use located on this website.
Information about BSH
The Site is operated by BSH Home Appliances Pty Ltd (BSH). BSH is registered in Victoria, Australia and has its registered office at 7 – 9 Arco Lane, Heatherton, Victoria, Australia 3202. 1555 Centre Road, Clayton, Victoria, Australia 3168
Prohibited Uses
You may use the Site only for lawful purposes.
You may not use the Site:
(a) in any way that breaches any applicable local, national or international law or regulation;
(b) in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
(c) for the purpose of harming or attempting to harm minors in any way;
(d) to send, knowingly receive, upload, download, use or re-use any material which does not comply with the BSH Content Standards as outlined below;
(e) to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
(f) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
You also agree not to:
(a) reproduce, duplicate, copy or re-sell any part of the Site in contravention of the provisions of the BSH Website Terms of Use located on this website; and
(b) access without authority, interfere with, damage or disrupt:
• any part of the Site;
• any equipment or network on which the Site is stored;
• any software used in the provision of the Site; or
• any equipment or network or software owned or used by any third party.
INTERACTIVE SERVICES
BSH may from time to time provide interactive services on the Site, including, without limitation:
(a) chat rooms,
(b) bulletin boards,
(c) blogs,
(d) comment pages,
(e) product reviews
Where BSH does provide any interactive service, BSH will endeavour to provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
BSH will do its best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on the Site, and BSH will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, BSH is under no obligation to oversee, monitor or moderate any interactive service it provides on the Site, and to the absolute extent permitted by law BSH expressly excludes its liability for any loss or damage arising from the use of any interactive service by a user in contravention of the BSH Content Standards as outlined below, whether the service is moderated or not.
The use of any of BSH’s interactive services by a minor is subject to the consent of their parent or guardian. BSH advises parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them. Where BSH does moderate an interactive service, BSH will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
CONTENT STANDARDS
These content standards apply to any and all material which you contribute to the Site (Contributions), and to any interactive services associated with it.
You must comply with the following standards as well as the intended spirit of the standards. The standards apply to each part of any contribution as well as to its whole.
Contributions must:
(a) be accurate (where they state facts);
(b) be genuinely held (where they state opinions); and
(c) comply with applicable laws in Australia and in any country from which they are posted.
Contributions must not:
(a) contain any material which is defamatory of any person;
(b) contain any material which is obscene, offensive, hateful or inflammatory;
(c) promote sexually explicit material;
(d) promote violence;
(e) promote discrimination (by way of example only) based on race, sex, religion, nationality, disability, sexual orientation or age;
(f) infringe any copyright, database right, trade mark or other intellectual property right of any other person;
(g) be likely to mislead or deceive any person;
(h) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
(i) promote any illegal activity;
(j) be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
(k) be likely to harass, upset, embarrass, alarm or annoy any other person;
(l) be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
(m) give the impression that they emanate from BSH, if this is not the case; or
(n) advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
SUSPENSION AND TERMINATION
BSH will determine, in its absolute discretion, whether there has been a breach of this acceptable use policy through your use of the Site. When a breach of this policy has occurred, BSH may take such action as it deems appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the BSH Website Terms of Use upon which you are permitted to use the Site, and may result in BSH taking all or any of the following actions:
(a) immediate, temporary or permanent withdrawal of your right to use the Site;
(b) immediate, temporary or permanent removal of any posting or material uploaded by you to the Site;
(c) issue of a warning to you;
(d) legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) further legal action against you;
(f) disclosure of such information to law enforcement authorities as BSH reasonably feels is necessary.
To the absolute extent permitted by law BSH excludes liability for actions taken in response to breaches of this acceptable use policy. The responses described in this policy are not limited, and BSH may take any other action it reasonably deems appropriate.
CHANGES TO THE ACCEPTABLE USE POLICY
BSH may revise this acceptable use policy at any time by amending this page. You are expected to check this page from time to time to take notice of any changes BSH makes, as they are legally binding on you. Some of the provisions contained in this acceptable use policy may also be superseded by provisions or notices published elsewhere on the Site.
COPYRIGHT
© Copyright
All rights reserved. Text, images, graphics, sound, animations and videos including the layout of the same on this and associated BSH Home Appliances Pty Ltd web sites are protected by copyright and other commercial protective rights. The content of these web sites may not be copied, disseminated, altered or made accessible to third parties for any purpose without the prior written approval of BSH Home Appliances Pty Ltd. Some web sites operated by BSH Home Appliances Pty Ltd also contain images subject to third party copyrights.
TRADE MARKS
Trade marks and their Use
Unless otherwise specified, all trademarks on BSH Home Appliances Pty Ltd’s websites are protected by proprietary rights. This applies in particular to BSH brands, nameplates, corporate logos and emblems. Except as otherwise expressly agreed in writing with BSH prior, you are not entitled to use BSH trade marks.