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Weber-Stephen Products Co. (Australia) Pty. Ltd. ABN 18 006 305 237 (Weber) provides this site (Site) for your personal entertainment, information and education.
1. Use of the Site
You agree to only use the Site in accordance with, and for the purposes contemplated by, these Terms. Your continued access to and use of the Site is subject to your ongoing compliance with these Terms.
You must not, directly or indirectly:
- use the Site for any activity that breaches any applicable laws or regulations, infringes a third party's rights or privacy, is contrary to any relevant standards or codes, or is contrary to generally-accepted community standards (including but not limited to activity that is abusive, defamatory, fraudulent, misleading, offensive or otherwise inappropriate);
- transmit to the Site, or use the Site to transmit, harmful or malicious computer code (including viruses);
- engage in any means of cyber-interference (including any hacking or "denial of service" attack or otherwise anything that may interfere with the operation of the Site or detrimentally affect the Site or associated software, data, computer systems or operations;
- gain unauthorised access to or breach, compromise or circumvent the security, authentication measures or integrity of systems, networks or passwords of any part of the Site);
- disassemble, reverse compile, reverse engineer, modify or create derivative works from the Site;
- use the Site to integrate any application, program, service, software, hardware or product, with and/or into any product, system, application, software or hardware other than with Weber's express written consent,
or attempt or assist any other person to engage in any such activities. If you become aware of any such actual, attempted or intended activities, you must notify Weber as soon as possible.
You agree to report any issue, inaccuracy, malfunction or other problem with the Site as soon as practicable after such an issue becomes apparent to you.
2. User accounts
Access to some parts or features of the Site may require registration and the creation of an account (User Account). You must ensure that the details you provide to Weber upon registration (or at any other time) are complete and accurate, and you must inform Weber immediately of any changes to the details provided at the time of registration. You warrant to Weber that all information provided in the course of creating a User Account is true and correct.
You may not create an account for any person or entity other than yourself. You must not create a false identity or misrepresent an affiliation with another person or entity. You may not create an account unless you are at least 18 years of age.
When you register for a User Account, you may be asked to create a password. You will be responsible for maintaining the confidentiality of your User Account details and password. You must not share your User Account details and password with other users, and must take all reasonable steps to prevent unauthorised access to your User Account. You must promptly notify Weber if you have reason to suspect that your User Account details or password have been lost, compromised, or if they are likely to be used in an unauthorised manner. You are responsible for all activities that occur under your User Account.
3. Intellectual Property
You should assume that everything you see or read on the Site is the subject of copyright or other intellectual property rights (including text, graphics, designs, layouts, images, trade marks, logos, animations, videos and/or sound recordings), and belongs to or is licensed to Weber (unless otherwise noted). Nothing in these Terms will be taken to constitute a transfer, assignment or grant of any ownership of, or licence rights to, any intellectual property unless otherwise expressly stated.
Weber grants you permission to use the materials on the Site solely for your personal non-commercial use. Otherwise, no material from the Site may be printed, copied, reproduced, distributed, modified, adapted, uploaded, displayed, transmitted, reused, re-posted, published, stored, commercialised, used to create derivative works or framed within another website without Weber's prior written permission (unless provided for in these Terms).
Weber neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Weber.
While Weber uses reasonable efforts to include accurate and up-to-date information on the Site, Weber makes no warranties or representations as to its accuracy, suitability or completeness. Weber assumes no liability or responsibility for any errors or omissions in the content on the Site. Any photographs of Weber products on the Site are representative only, and may not accurately reflect the model of the product that is available to customers in Australia.
Weber may provide information on the Site regarding its future business activities and performance. Any such information is a forecast based on information available at the time of disclosure and may include risk and uncertainty. Weber's actual business activities and performance will be subject to change depending on a wide range of factors, including factors outside of Weber's control such as market trends. Weber will be under no obligation to update any information regarding future business activities and performance on the Site.
5. Disclaimer and Liability
Your use and browsing of the Site is solely at your own risk. Neither Weber nor any other party involved in creating, producing or delivering the Site is liable for any direct, indirect, incidental, consequential or punitive damages arising out of your access to, or use of, the Site or your reliance on any information contained on the Site.
Nothing in these Terms operates to exclude, limit or modify the application of any statute (including the Competition and Consumer Act 2010 (Cth)) where to do so would be unlawful, contravene that statute or cause any part of this clause to be void.
Subject to the paragraph above and to the extent permitted by law, Weber:
- excludes all terms, conditions, warranties and guarantees implied or imposed by statute, law or other source external to these Terms (including as to the description, merchantable quality or fitness for purpose of the Site);
- except for liability expressly assumed under these Terms, excludes all liability whatsoever, whether under statute, contract, for negligence or other tort, or otherwise, arising out of, in relation to or in connection with these Terms, the Site or its use (including for malfunction or destruction of data); and
- limits any liability which cannot be excluded or limited under the other provisions of this clause to, at Weber's option, in the case of services, supplying the services again or payment of the cost of having the services supplied again, or in the case of goods, replacing the goods, supplying equivalent goods or having the goods repaired, or payment of the cost of replacing the goods or of acquiring equivalent goods or having the goods repaired.
Weber assumes no responsibility, and shall not be liable, for any damage to, or viruses that may infect, your computer equipment or any other property on account of your access to, use of, or browsing in the Site or your downloading of any materials, data, text, images, video or audio from the Site.
You agree to indemnify Weber for all loss, damage, penalties, fines, expenses, costs and other liability (including legal costs) arising out of or in relation to:
(a) any unlawful or negligent act or omission of yours;
(b) your use of the Site;
(c) breach by you of these Terms including any warranty given by you under these Terms,
and you agree to promptly provide all cooperation Weber requires to defend any claim associated with this indemnity.
You agree to read all documentation (including any Owner's Guide) for any Weber product prior to using it, and to observe all instructions, information and warnings for the correct and safe use of that product. You acknowledge and agree that you have read and understood the information in all such documentation, and agree to it as if it formed binding obligations set out in these Terms.
You agree to use any Weber products strictly in accordance with that documentation, to observe all instructions, information and warnings in that documentation (which are deemed to form part of these Terms as if expressly set out here), and take all necessary and prudent steps to prevent any injuries or other harm to yourself and any other persons, and loss or damage to property, arising directly or indirectly from use of any Weber product. These requirements apply, without limitation, to use of Weber products following any instructional videos, recipes, or other materials published on this Site.
6. Comments, communications and other content
You acknowledge and agree that any information transmitted via the Site is solely at your own risk. Weber does not warrant, and will not be liable to you, if any data you submit to the Site is lost, misused, accessed, disclosed or modified by a person not authorised to do so.
You warrant that any communication or material you transmit to Weber or the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like, is non-confidential and non-proprietary, and otherwise does not breach any law.
Anything you transmit or post to or via the Site may be used, without compensation to you, by Weber or its affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Weber is free to use (and you grant to Weber a non-exclusive, perpetual, irrevocable, payment-free licence, with the right to sub-license, to use), without compensation to you, any ideas, concepts, intellectual property rights, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products using such information.
You acknowledge and agree that any reviews or comments posted to the Site (Reviews) are the opinion of the creator of the Review, and are not the opinion of Weber or its employees or personnel. You agree that we will have no liability for any such Reviews, including but not limited to any recommendations, suggestions, comments or advice contained in such Reviews. You agree that any Review that you post about a particular Weber product or service will be made in good faith and reflect your personal experience of the relevant product or service.
7. Other Sites
Weber may not have reviewed any sites linked to on the Site and is not responsible for the use, contents or privacy practices of any third-party pages or any other sites linked to on the Site.
Unless expressly stated otherwise, Weber does not approve, endorse, recommend or sponsor, or otherwise make any warranty or representation regarding other websites not provided by Weber, the organisations that operate them or their practices, or any information, materials, products, goods or services referred to or provided by them. Your access of any other off-site pages or other sites is solely at your own risk. You release Weber from any and all liability arising from your access or use of any websites that are linked from the Site.
You must not produce links to this Site without Weber's written consent.
8. Content Liability
Although Weber may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Weber is under no obligation to do so and assumes no responsibility or liability arising from any such content , nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information posted to the Site by any third party.
Weber may at any time in Weber's sole discretion amend or remove any content posted by you on or to the Site, including where such content breaches these Terms. Weber will fully cooperate with any law enforcement authorities or court order requesting or directing Weber to disclose the identity of anyone posting any such information or materials.
9. Suspension or termination
Weber may suspend or terminate your User Account and/or access to all or any part of the Site at any time if Weber determines that you are in breach of these Terms. If Weber does so, you must discontinue your use of the Site immediately if notified that you must do so. If your access to all or any part of the Site is suspended or terminated, all restrictions on you and all disclaimers, exclusions and limitations of liability set out in these Terms will survive such suspension or termination. You agree that Weber will have no liability for any suspension or termination of your access to the Site.
10. Revision of these Terms
Weber may at any time revise these Terms by updating this posting. Your continued use of this Site after a revised set of Terms has been posted will constitute acceptance of the revision and the revised Terms will govern your access to and use of the Site. You should therefore periodically visit this page to review the then current Terms.
These Terms will be governed in all respects by the laws of South Australia, Australia. Weber and you submit to the exclusive jurisdiction of the courts of South Australia and any courts of appeal from them.
If any provision of these Terms is held to be invalid or unenforceable, that provision will be excluded and the remainder of these Terms will continue to apply.
Any failure by Weber to take action regarding any actual or suspected breach of these Terms does not constitute a waiver of Weber's right to do so or your obligations.
Any provision of these Terms by its nature intended to survive expiry, suspension or termination of these Terms survives such expiry, suspension or termination.