TERMS SPECIFIC TO USERS OF MOBILE APPLICATIONS
Without limiting any other part of these Terms, if you are downloading a mobile application provided by us, you understand and agree that we have no obligation to maintain, support, upgrade or update any mobile applications that we provide. It is also possible that as you download a mobile application, you may be asked to agree to terms in addition to these Terms which may include (among other things) additional provisions regarding the collection and use of information (including personal information and location information) or warranties. If there is any inconsistency between these Terms and the terms you agree to at the time of downloading, the terms that you agree at the time of downloading will prevail to the extent of the inconsistency. You understand and acknowledge that the terms of agreement with your respective mobile network provider (“Mobile Provider”) will continue to apply when using the downloaded mobile application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the mobile application and you accept responsibility for any such charges. You acknowledge that if you are downloading a mobile application through Apple iTunes or Google Play, neither Apple nor Google have an obligation to provide any support or maintenance services in relation to our mobile applications. If you have maintenance or support questions in relation to one of our mobile applications, contact us at http://service.blackanddecker.com.au/ or 1800 338 002.
All content included on this Site, such as HTML code, scripts, text, graphics, logos, button icons, images, video, software created to provide mobile applications and audio (collectively, “Materials”), is our property or the property of our content suppliers and protected by copyright, trade mark, patent and/or other proprietary rights and laws. In addition, all software used on this Site is our property, or the property of our service provider or its suppliers, and is protected by copyright, trade mark, patent and/or other proprietary rights and laws.
We retain all rights regarding our trade marks, trade names, brand names, logos and trade dress, and all associated logos or images ("Trade Marks"). These Trade Marks are registered and/or common law trade marks, and are protected by international intellectual property laws and treaties. No licence (either express or implied) to the use of such Trade Marks is granted to you under these Terms or by your use of this Site. Your misuse of the Trade Marks displayed on this Site is strictly prohibited.
LICENCE AND SITE ACCESS
We grant you a limited, non-exclusive, non-transferable and revocable licence solely to allow you to access and make personal use of this Site. No right, title or interest in our Materials is conveyed to you in connection with this licence or your use of the Site. You may not download (other than page caching) or modify this Site, or any portion of it, except with our express written consent or as otherwise permitted by law. This licence does not permit: any resale or commercial use of this Site or our Materials; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its Materials; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, published, displayed, or otherwise exploited for any commercial purpose without our express written consent. All rights not expressly granted are reserved by us.
Special Notice We have a no-tolerance policy regarding the use of our Trade Marks or names in metatags and/or hidden text. Specifically, the use of our Trade Marks or names in metatag keywords may be a trade mark infringement, and the use of Trade Marks or names in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines may be misleading and/or constitute unfair competition in some jurisdictions. You may not, without our express written consent, do any of the following: (a) link to any web page on this Site; (b) use any meta tags or any other "hidden text" utilizing our name or Trade Marks; or (c) frame, inline link or utilize other techniques to associate or juxtapose any of our Trade Marks or other Materials with advertisements and/or other information not originating from our Site.
Any unauthorized use of this Site or our Trade Marks will result in the immediate termination of the limited licence granted to you under these Terms without notice to you. We may also revoke this limited licence at any time for any reason. In the event of a violation of these Terms, we reserve the right to seek all remedies available by law and in equity. We retain the right at our sole discretion to deny access to anyone to this Site, at any time and for any reason, including, but not limited to, for violation of these Terms. You are also advised that we will aggressively enforce our intellectual property rights to the fullest extent of the law, including the seeking of civil remedies and criminal prosecution.
COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
The Site may permit visitors to submit reviews, suggestions, ideas, comments, questions, photographs, images, videos, or other information (“User Submissions”). You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, we do not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of publishing them on the Site. We have the right, but not the obligation, to monitor or remove any User Submission. We take no responsibility and assume no liability for any User Submissions posted by you or any third party.
By posting or submitting User Submissions, and unless we indicate otherwise, you grant us an unrestricted, nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right, but not obligation, to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, display, perform, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, throughout the world in any media or technology now known or hereafter developed for any purpose whatsoever without any payment to or further authorization by you. You grant us and our sub-licensees the right to use the name that you submit in connection with such content, if they choose.
In connection with User Submissions, you affirm, represent and warrant that: (i) the content of your User Submission(s) is original (no lifts from previously published material, including music); (ii) you own all right, title and interest to your User Submission(s) and have the sole and exclusive right (including all intellectual property and other proprietary rights embodied by the User Submissions or represented by such User Submissions) to license all of the rights therein to us as set forth in the licence granted above; (iii) the content of the User Submission(s) is accurate; (iv) use of your User Submission on the Site or otherwise by us, in whole or in part, will not infringe upon the rights of any third party including, without limitation, any intellectual property or privacy rights; (v) you have obtained written permission from any other person named, photographed or otherwise depicted or whose voice is used in your User Submission(s) which will allow us to utilize the User Submission(s) without compensation or objection; and (vi) you will indemnify us against all claims, liabilities, damages, losses, expenses (including legal fees) and costs of any kind that we suffer or incur resulting from your User Submission(s).
PROHIBITED USES OF THE SITE
You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: (a) are illegal, obscene, vulgar, profane, indecent, sexually explicit, threatening, harassing, abusive, hateful, racially or ethnically derogatory, defamatory, invasive of privacy or publicity rights, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable; (b) consist of or contain software viruses, corrupted files, or any other similar software files, the intent of which is to damage or alter the operation of another’s computer; (c) contain political campaigning, unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; (d) contain chain letters, pyramid schemes, mass mailings, or any form of "spam"; (e) use a false email address, impersonates another person or entity, including our company and our employees or agents, or is otherwise misleading as to the origin of the content; (f) encourage conduct that would constitute a criminal offense; (g) give rise to civil liability; (h) otherwise violate any law; or (i) in doing so, amounts to any conduct that, in our reasonable judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products .
NOTICE OF COPYRIGHT INFRINGEMENT
We do not permit copyright infringing activities on this Site and may remove any content of any kind, including where we are informed that the content infringes upon another's proprietary rights. We may terminate the ability to submit content if, under appropriate circumstances, a person submitting content to the Site is determined to be a repeat infringer.
If you are a copyright owner, or an agent thereof, and you believe that any content on the Site infringes upon your proprietary rights, you may notify us by providing the following information in writing:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed;
- Identification of the location where the original or an authorized copy of the copyrighted work exists;
- Identification of the material that is claimed to be infringing and a description of the infringing activity and information reasonably sufficient to permit us to locate the same;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive copyright right that is allegedly infringed.
Our agent for notice of claims of copyright infringement can be reached as follows:
Stanley Black & Decker, Inc.
Attn: Robin Z. Weyand, Esquire
701 E. Joppa Road, Mail Stop No. TW230, Law Dept., Towson, Maryland 21286, USA
You acknowledge that if you fail to comply with all of the requirements above, your notice may not be valid.
We attempt to be as accurate as possible regarding product descriptions, pricing and availability. However, unless specifically stated otherwise in writing on the Site, we do not warrant that product descriptions or other content of this Site are accurate, complete, reliable, current, or error-free. From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. To the extent permitted by law, we reserve the right to make changes in information about price, description, or availability without notice. We reserve the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer where we have reasonable grounds to do so. We are also not responsible in any way for the prices of our products on third party websites (as amended from time to time). We have made every effort to display as accurately as possible the colors of our products that appear on the Site; however, the actual color you will see will depend on many factors, including your computer, and we cannot guarantee that your computer will accurately display our colors. The inclusion of any products on this Site does not imply or warrant that these products will be available over the internet at any particular time.
Links may be established from this Site to one or more external websites or resources operated by third parties (the "Third Party Sites"). In addition, certain Third Party Sites also may provide links to the Site. None of such links should be deemed to imply that we endorse the Third Party Sites or any content therein. Unless the link is to another Stanley Black & Decker website, we do not control and are not responsible or liable for any Third Party Sites or any content, advertising, products, prices or other materials on or available from such Third Party Sites. Access to any Third Party Sites is at your own risk and we will have no liability arising out of or related to such websites and/or their content or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of or reliance on any such content, goods, or services available on or through any such Third Party Site.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
WEBSITE: THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE EXTENT PERMITTED BY LAW, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
WE DO NOT WARRANT THAT THIS SITE, INFORMATION, CONTENT, MATERIALS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, THEIR SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
PRODUCTS: WITH RESPECT TO PRODUCTS ADVERTISED ON THIS SITE, OUR EXPRESS WARRANTIES ARE LIMITED TO THOSE SPECIFIED WITH EACH PRODUCT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
TO THE EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE TO ANY PARTY FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES, COSTS OF REPLACEMENT, BUSINESS INTERRUPTIONS, LOSS OF DATA OR DAMAGES RESULTING FROM USE OF OR RELIANCE ON THE INFORMATION PRESENT, EVEN IF WE ARE EXPRESSLY ADVISED ABOUT THE POSSIBILITY OF SUCH DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING.
AUSTRALIAN CONSUMER LAW
The Australian Consumer Law (as embodied in Schedule 2 to the Competition and Consumer Act 2010 (Cth)) requires that certain guarantees must be given by us to consumers in relation to the supply by us of goods or services to consumers ("Consumer Guarantees"). For the avoidance of doubt, nothing in these Terms is intended to exclude, restrict or modify the application of Consumer Guarantees, the exercise of a right conferred by a Consumer Guarantee or our liability for a failure to comply with a Consumer Guarantee.
In the event of our failure to comply with a Consumer Guarantee, our liability to you is limited to:
- in the case of goods supplied to you, the replacement of the goods or the supply of equivalent goods (or the payment of the cost to you of the replacement or supply), or the repair of the goods (or the payment of the cost to you of the repair); and
- in the case of services supplied to you, the supply of the services again or the payment of the cost to you of having the services supplied again.
By visiting our Site, you agree that the laws of Australia, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between us.
OTHER TERMS, SITE MODIFICATION, AND SEVERABILITY
We may offer the opportunity to participate in sweepstakes or contests through the Site. In addition to these Terms, the sweepstakes or contests will be governed by terms and conditions specific to those sweepstakes or contests. If there is any inconsistency between these Terms and the terms and conditions for the sweepstakes or contest, the terms and conditions for the sweepstakes or contest will prevail to the extent of the inconsistency.
If any provision in these Terms shall be deemed invalid, void, or for any reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions.
The Sites may be accessed in Australia and overseas. We make no representations that the Sites comply with the laws (including intellectual property laws) of any country outside Australia. If you access the Sites from outside Australia, you do so at your own risk and are responsible for complying with the laws in the place where you access the Sites.Last Updated: September 2016