Terms of service

Overview

Welcome to Steinel Australia (the “Site”). The terms “we”, “us” and “our” refer to Steinel Australia. Steinel Australia operates this website, including all related information, content, features, tools and services made available to you through the Site (collectively, the “Services”).

The Services are hosted on Shopify, which enables us to provide and manage the Site.

These Terms of Service (these “Terms”), together with any policies referenced in them, describe your rights and responsibilities when you access or use the Services.

Please read these Terms carefully, as they include important information about your legal rights and cover areas such as warranty disclaimers and limitations of liability.

By visiting, accessing or using the Services, you agree to be bound by these Terms and our Privacy Policy [LINK]. If you do not agree to these Terms or our Privacy Policy, you must not use or access the Services.

Section 1 – Access and Account

By agreeing to these Terms, you represent that you are at least the age of majority in your state or territory of residence, and that you have given us your consent to allow any of your minor dependants to use the Services on devices you own, purchase or manage.

To use certain aspects of the Services (for example, to submit an enquiry, sign up to a newsletter or create an account, if available), you may be asked to provide information such as your name, email address and contact details. You represent and warrant that all information you provide is correct, current and complete, and that you have all rights necessary to provide this information.

You are solely responsible for maintaining the security of any account credentials and for all activity that occurs under your account. You may not transfer, sell, assign or license your account to any other person.

Section 2 – Our Content and Product Information

The Site provides information about Steinel products, technologies and solutions. This information is made available for general information and reference purposes only and does not constitute an offer to sell, supply or install any products or services.

We have made every effort to provide accurate and up-to-date information on the Site. However, we do not guarantee that descriptions, specifications, technical data, images or other content are complete, current, reliable, error-free or suitable for any particular application. Colours, finishes and product appearance may vary from how they appear on your screen due to the device you use and its settings.

All descriptions of products or services, and any technical information, are subject to change at any time without notice at our sole discretion. We may update, modify, suspend or discontinue any content or features on the Site without notice.

Before relying on any information provided via the Services, including for design, specification, installation or compliance purposes, you should verify details with us directly or with your electrical contractor, consultant, system integrator or other relevant professional.

Section 3 – No Online Sales

Steinel Australia does not sell products directly through this Site. Any references on the Site to products, part numbers, ranges, applications or typical uses are provided for informational purposes only.

You may be directed or referred to third-party distributors, wholesalers, retailers or installers for the supply of Steinel products. Any enquiries, quotations, purchases, delivery, returns or warranties in connection with those products are subject to the terms and conditions of the relevant third party, not these Terms.

Section 4 – Intellectual Property

The Services, including but not limited to all text, graphics, images, photographs, illustrations, icons, videos, audio, user interfaces, visual interfaces, product data sheets, application examples, design, selection and arrangement, as well as all trademarks, trade names, logos and brand elements, are owned by Steinel Australia, its affiliates or licensors and are protected by Australian and international copyright, trademark and other intellectual property laws.

These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Services without our prior written consent, except where such use is permitted by law (for example, for fair dealing).

Except as expressly provided in these Terms, nothing in the Services or in these Terms grants, or shall be construed as granting, a licence or any other rights to you under any patent, trademark, copyright or other intellectual property of Steinel Australia, Shopify or any third party. All rights not expressly granted are reserved by Steinel Australia and its licensors.

“Steinel”, “Steinel Australia” and related names, logos, product and service names, designs and slogans are trademarks of Steinel or its affiliates or licensors. You must not use such trademarks without the prior written permission of Steinel Australia. Shopify’s name, logo, product and service names, designs and slogans are trademarks of Shopify. All other names, logos, product and service names, designs and slogans on the Services are the trademarks of their respective owners.

Section 5 – Optional Tools

From time to time, you may be provided with access to tools, features or integrations offered by third parties as part of the Services (for example, maps, embedded videos, specification tools or calculators) which we do not monitor and over which we have no control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We have no liability arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve the terms on which such tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new features or tools through the Services. Such new features or tools will also form part of the Services and will be subject to these Terms.

Section 6 – Third-Party Links

The Services may contain materials and hyperlinks to websites, applications or services provided or operated by third parties (including any embedded third-party functionality). We are not responsible for examining or evaluating the content, accuracy, policies or practices of any third-party materials or websites.

If you decide to leave the Services to access third-party sites or resources, you do so at your own risk. We are not liable for any harm or damages related to your access or use of any third-party websites, or your purchase or use of any products, services, resources or content on any third-party websites.

Please review carefully the third-party’s policies and practices (including their terms and conditions and privacy policies) and make sure you understand them before you engage in any transaction. Any complaints, claims, concerns or questions regarding third-party products or services should be directed to the relevant third party.

Section 7 – Relationship with Shopify

Steinel Australia is powered by Shopify, which enables us to host and operate the Site. Shopify provides the underlying e-commerce and content management platform, even though Steinel Australia does not sell products via this Site.

By using the Services, you acknowledge and agree that Shopify is not responsible for the content on this Site or for your interactions with Steinel Australia, and is not liable for any claims, damages or losses arising out of or in connection with your use of the Services. You expressly release Shopify and its affiliates from all claims, damages and liabilities arising from or related to your use of the Services.

Section 8 – Privacy Policy

All personal information we collect through the Services is subject to our Privacy Policy, which can be viewed here: [LINK]. Certain personal information may also be subject to Shopify’s Privacy Policy, which can be viewed on Shopify’s website.

Because the Services are hosted by Shopify, Shopify collects and processes personal information about your access to and use of the Services in order to provide, maintain and improve the Services. Information you submit via the Services may be transmitted to and shared with Shopify and other third parties who may be located in countries other than where you reside, in order to provide services to you.

Please review our Privacy Policy [LINK] for more details on how we, Shopify and our partners collect, use, disclose and protect your personal information.

Section 9 – Feedback

If you submit, upload, post, email or otherwise transmit any ideas, suggestions, feedback, reviews, proposals, plans or other content (collectively, “Feedback”) to us, you grant us a perpetual, worldwide, sublicensable, royalty-free licence to use, reproduce, modify, publish, distribute and display such Feedback in any medium for any purpose, including commercial purposes. We may, for example, use our rights under this licence to operate, provide, evaluate, enhance, improve and promote the Services.

You represent and warrant that: (i) you own or have all necessary rights to all Feedback; (ii) you have disclosed any compensation or incentives received in connection with your submission of Feedback; and (iii) your Feedback will comply with these Terms.

We are under no obligation to: (1) maintain your Feedback in confidence; (2) pay compensation for your Feedback; or (3) respond to your Feedback. We may, but have no obligation to, monitor, edit or remove Feedback that we determine, in our sole discretion, to be unlawful, offensive, threatening, defamatory, libellous, obscene or otherwise objectionable, or that violates any party’s intellectual property or these Terms.

You agree that your Feedback will not violate any right of any third party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Feedback will not contain libellous or otherwise unlawful, abusive or obscene material, or any computer virus or other malware that could affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Feedback. You are solely responsible for any Feedback you make and its accuracy.

Section 10 – Errors, Inaccuracies and Omissions

Occasionally there may be information on or in the Services that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, technical information, promotions, offers, documents, transit times or availability.

We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information, suspend or discontinue any part of the Services, or modify content if any information is inaccurate at any time without prior notice.

Section 11 – Prohibited Uses

You may access and use the Services for lawful purposes only. You must not access or use the Services, directly or indirectly:

  • (a) for any unlawful or malicious purpose;
  • (b) to violate any applicable laws, regulations or codes (including Australian federal, state or territory laws and any local laws);
  • (c) to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
  • (d) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or otherwise harm any person;
  • (e) to transmit false or misleading information;
  • (f) to send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms;
  • (g) to transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam” or any other similar solicitation;
  • (h) to impersonate or attempt to impersonate any other person or entity; or
  • (i) to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Steinel Australia, Shopify or users of the Services, or expose them to liability.

In addition, you must not:

  • (a) upload or transmit viruses or any other type of malicious code that may affect the functionality or operation of the Services or of any related website;
  • (b) reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, or any contact on the Site, without our express written permission;
  • (c) collect or track the personal information of others without their consent and without a lawful basis;
  • (d) spam, phish, pharm, pretext, spider, crawl or scrape the Services; or
  • (e) interfere with or circumvent the security features of the Services or any related website, other websites, or the internet.

We reserve the right to suspend, disable or terminate your access to the Services at any time, without notice, if we determine that you have violated any part of these Terms.

Section 12 – Termination

We may terminate or suspend your access to the Services (or any part of them) in our sole discretion at any time and without notice.

The following sections will continue to apply following any termination: Intellectual Property, Feedback, Errors, Inaccuracies and Omissions, Prohibited Uses, Disclaimer of Warranties, Limitation of Liability, Indemnification, Severability, Waiver; Entire Agreement, Assignment, Governing Law, and any other provisions that by their nature should survive termination.

Section 13 – Disclaimer of Warranties

The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk.

Except as expressly stated by Steinel Australia, the Services are provided “as is” and “as available” for your use, without any representations, warranties or conditions of any kind, either express or implied, including implied warranties or conditions of merchantable quality, fitness for a particular purpose, durability, title and non-infringement. We do not guarantee, represent or warrant that your use of the Services will be uninterrupted, timely, secure or error-free.

Some jurisdictions do not permit the exclusion of certain warranties. To the extent that the law applicable to you does not permit such an exclusion, the above exclusions may not apply to you and will be modified only to the extent necessary to comply with applicable law.

Section 14 – Limitation of Liability

To the fullest extent permitted by law, Steinel Australia, our directors, officers, employees, affiliates, agents, contractors, service providers and licensors, and those of Shopify and its affiliates, will not be liable for any loss or damage of any kind, whether in contract, tort (including negligence), equity, under statute or otherwise, arising out of or in connection with your use of (or inability to use) the Services.

Without limiting the above, we will not be liable for any indirect, incidental, special, consequential or punitive loss or damage, including loss of profits, revenue, savings, data, goodwill or reputation, even if we have been advised of the possibility of such loss or damage.

Nothing in these Terms is intended to exclude, restrict or modify any rights or remedies you may have under the Australian Consumer Law or any other law that cannot lawfully be excluded, restricted or modified.

Section 15 – Indemnification

You agree to indemnify, defend and hold harmless Steinel Australia, Shopify, and our and their affiliates, partners, officers, directors, employees, agents, contractors, licensors and service providers from and against any losses, damages, liabilities, claims, demands, and expenses (including reasonable legal fees) made by any third party due to or arising out of:

  • (1) your breach of these Terms or the documents they incorporate by reference;
  • (2) your violation of any law or the rights of a third party; or
  • (3) your access to or use of the Services.

We will notify you of any indemnifiable claim of which we become aware, provided that our failure to promptly notify you will not relieve you of your obligations under this Section except to the extent you are materially prejudiced by that failure. We may control the defence and settlement of any such claim at your expense, including the choice of legal representation, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You agree to cooperate with us in the defence of any indemnified claims.

Section 16 – Severability

If any provision of these Terms is determined to be unlawful, void or unenforceable, that provision shall be enforced to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms. Such determination will not affect the validity and enforceability of any other remaining provisions.

Section 17 – Waiver; Entire Agreement

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms, together with any policies or operating rules posted by us on the Site in connection with the Services, constitute the entire agreement and understanding between you and us and govern your use of the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including any prior versions of these Terms).

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

Section 18 – Assignment

You may not delegate, transfer or assign these Terms or any of your rights or obligations under them without our prior written consent, and any attempt to do so will be void. We may transfer, assign or delegate these Terms and our rights and obligations under them without your consent and without notice to you.

Section 19 – Governing Law

These Terms and any separate agreements whereby we provide you with the Services are governed by the laws in force in New South Wales and the Commonwealth of Australia.

You and Steinel Australia submit to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal from them in respect of any proceedings arising out of or in connection with these Terms or the Services.

Section 20 – Headings

The headings used in these Terms are included for convenience only and will not limit or otherwise affect their interpretation.

Section 21 – Changes to Terms of Service

You can review the most current version of these Terms at any time on this page.

We reserve the right, in our sole discretion, to update, change or replace any part of these Terms by posting updates and changes on the Site. It is your responsibility to check the Site periodically for changes. We will notify you of any material changes to these Terms in accordance with applicable law, and such changes will be effective on the date specified in the notice.

Your continued use of or access to the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

Section 22 – Contact Information

Questions about these Terms of Service should be sent to us at info@steinel.com.au.

Our contact details are:

Steinel Australia
Unit 8, 9 – 11 Chaplin Drive
Lane Cove NSW 2066
Australia
Phone: 1800 783 463
Email: info@steinel.com.au