Terms and Conditions
These Terms apply to all Your Content on the Website.
2. Variation of Terms
2.1. Kleenmaid may vary or amend these Terms at any time by publishing such variation or amendment on the Website.
2.2. Any variation or amendment will be effective as from seven (7) days after the date of publication on the Website.
3. Ownership of Website and Database
You acknowledge that the Website and the Database and all contents of them, including all Intellectual Property Rights in them are owned and operated by Kleenmaid.
4. Use of Website
4.1. You acknowledge that all Your Content must:
4.1.1. be complete and accurate, ;
4.1.2. not be of a nature likely to bring Kleenmaid into disrepute; and
4.1.3. comply with all applicable laws, regulations, standards and relevant industry codes, if any.
4.2. If any of the information in Your Content changes, becomes out of date or no longer complies with the Agreement then You must immediately amend Your Content with the relevant change and/or up-dated information so that it complies with the Agreement.
5. Kleenmaid’s Right to Refuse Content or Terminate Use of Website
5.1. Kleenmaid reserves the right, at its sole discretion, to refuse to accept any Content that it reasonably believes breaches or may breach any applicable law, regulation, by- law or code of conduct, if any, any of the covenants and warranties by You contained in the Agreement or which it considers inappropriate or undesirable.
5.2. Kleenmaid reserves the right to immediately terminate Your use of the Website and the Agreement if, in Kleenmaid’s reasonable opinion, Your Content or part of You Content violates any applicable law, regulation, standard or industry code, if any, or if You post any content that is in breach of these Terms.
6. Changes to Website by Kleenmaid
Kleenmaid reserves the right at all times without having to provide prior notice to You, to alter the functionality and/or appearance of the Website and the products and/or services available from the Website, including but not limited to advertisements on the Website and/or as they are represented on mobile communication devices.
7. Third Party Content
7.1. You acknowledge that the Website contains Third Party Content.
7.2. You also acknowledge that, unless stated otherwise on the Website, Kleenmaid does not endorse, sponsor or approve any business listed on the Website, any Third Party Content or the products or services offered by any business listed on the Website.
8. Intellectual Property Rights
8.1. You acknowledge and agree that, as between Kleenmaid and You, Kleenmaid owns all Intellectual Property Rights in the Website and the content of the Website other than Content posted by You onto the Website.
8.2. You must not do anything which breaches or otherwise interferes with Kleenmaid’s Intellectual Property Rights referred to in clause 8.1.
8.3. Except as expressly permitted by the Agreement or by law, You may not reproduce any content appearing on the Website without Kleenmaid’s prior express written permission.
9. Warranties by You
9.1. You represent and warrant to Kleenmaid that:
9.2. You have sole and full right and title to Your Content and all Intellectual Property contained in Your Content;
9.3. all Your Content will, at all times, comply with all applicable laws, regulations, standards and relevant industry codes, if any;
9.4. all Your Content does not, and will not at any time infringe any Intellectual Property Rights, moral right or any right of confidence or other right of any Person;
9.5. the use by Kleenmaid of the Intellectual Property in the Contents will not infringe any Intellectual Property Rights of any Person or give rise to payment by Kleenmaid of any licence fee to any third party or any liability to pay compensation; and
9.6. all products and services advertised in Your Content will match the advertised description and be available in the manner, at the price and for the time period advertised.
10. Indemnities by You
10.1. You will be responsible for providing Kleenmaid with all Content and must indemnify Kleenmaid and keep Kleenmaid indemnified from and against any Claims arising from Kleenmaid’s use of Your Content.
10.2. You also indemnify Kleenmaid and will at all times keep Kleenmaid indemnified from and against all Claims suffered or incurred in connection with:
10.2.1. any breach of these Terms by You;
10.2.2. any breach by You of any of the representations or warranties contained in Your Content;
10.2.3. any negligent act or omission by You; and/or
10.2.4. any actual or alleged breach by You of any law, legislation, regulation or applicable standard or code of conduct which occurs as a consequence of Your Content appearing on the Website.
No Liability for Your Acts
You acknowledge and agree that Kleenmaid will not be responsible for Your acts or defaults or the acts or defaults of your employees or representatives, licensees or contractors.
11. Exclusion of Warranties about Website
11.1. Kleenmaid provides no Warranty to You that services generally available through the Website will be uninterrupted or error free.
11.2. Except where is Kleenmaid is unable to exclude its liability by legislation, Kleenmaid will not be liable to You for any loss or damage, however it arises (whether in contractor tort including negligence or otherwise) out of or in connection with Your access to and use of the Website.
11.3. Kleenmaid accepts no responsibility or liability for any errors in Your Content and You must check Your Content for errors as soon as Your Content is posted to the Website.
11.4. Kleenmaid is not subject to, and You release Kleenmaid from any liability (including but not limited to Consequential Loss or Damage) arising from any delay or defect or fault in the Website to the full extent permitted by law.
12. Limitation of Kleenmaid’s Liability
You acknowledge and agree that:
12.1. none of Kleenmaid’s employees, representatives or agents may, and You have not relied on any representation, warranty or promise in relation to the Website other than as contained in these Terms;
12.2. You have determined that the Website is fit for the purposes for which You require it; and
12.3. You have not relied on Kleenmaid’s skill or judgement in Your decision to use the Website.
13. Termination by Kleenmaid
Kleenmaid may at any time immediately terminate the Agreement if any of the following events happens:
13.1. You become Insolvent or Kleenmaid has reasonable grounds to believe that You are or are likely to become Insolvent;
13.2. default is made by You in the performance of any of Your obligations under the Agreement and such default is not remedied within seven (7) days after receipt of notice from Kleenmaid specifying such default and requiring You to remedy the same;
13.3. You breach any of Your obligations, representations or warranties under the Agreement and such breach is not remedied within seven (7) days after receipt of notice from Kleenmaid specifying such breach and requiring You to remedy the same; or
13.4. any other agreement between you and Kleenmaid (such as an agency or representation agreement) is terminated for any reason.
14. Termination on Notice
Either Party may terminate the Agreement by giving not less than thirty (30) days notice to the other at any time.
15. Governing Law
These Terms are governed by the laws in force in NSW and You submit to the non-exclusive jurisdiction of the courts of NSW and any courts which may hear appeals from those courts.
In these terms and conditions of website listing:
16.1. “Agreement” means the agreement between You and Kleenmaid arising out of Your application to have Content posted to the Website and/or in relation to the publication of Your Content on the Website.
16.2. “Claims” includes all manner of actions, suits, causes of action, arbitrations, debts, dues, costs, claims, demands, interest, verdicts and judgements whatsoever, at law or in equity or arising under statute.
16.3. “Consequential Loss or Damage” means any loss or damage of any indirect nature including but not limited to loss of profits, loss of revenue, loss of use, loss of opportunity, loss of goodwill, loss of access to markets, loss of business reputation including future reputation, loss arising from adverse publicity or any remote, incidental, exemplary or punitive damages.
16.4. “Content” and “Your Content” means all material supplied by You to Kleenmaid for posting to or publication on the Website.
16.5. “Database” means the Kleenmaid national database and its contents which is collected and/or maintained by Kleenmaid.
16.6. “Insolvent” has the same meaning as in section 95A of the Corporations Act 2001 (Cth).
16.7. “Intellectual Property” includes but is not limited to all names, designs, patents, marks, trademarks, emblems, copyrights, common law ownership, processes, knowhow, trade secrets, brand names, emblems or similar commercial or industrial or intellectual property.
16.8. “Intellectual Property Rights” means all rights and interests in respect of Intellectual Property.
16.9. “Kleenmaid” means Compass Capital Services Pty Limited ABN 96 138 245 525 trading as Kleenmaid.
16.10. “Person” means a natural person, corporation or other entity.
16.11. “Terms” means these terms and conditions of website listing.
16.12. “Third Party Content” means content created by a party other than You or Kleenmaid, information obtained from public sources and/or links to other websites.
16.13. “We” and “Us” mean Kleenmaid.
16.14. “Website” means the whole or any part of the web pages located at www.kleenmaid-appliances.com.au (including the lay-out, individual elements of the design, underlying code elements, text, sounds, graphics, animated elements and/or any other contents of the website).
16.15. “You” means the Person who or which applies to and/or lists its goods and/or services on the Website, and “Your” has a corresponding meaning.