Last Updated: April 2018
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
NOTHING IN THESE TERMS MODIFIES, LIMITS OR RESTRICTS ANY RIGHTS OR REMEDIES THAT MAY BE AVAILABLE TO YOU UNDER APPLICABLE LAW, WHICH WE ARE PROHIBITED BY SUCH LAW FROM MODIFYING, LIMITING OR RESTRICTING.
1. Eligibility. You must be at least 18 years old to use the Site. By agreeing to these Terms, you represent and warrant to us that: (i) you are at least 18 years old; (ii) you have not previously been suspended or removed from the Site; and (iii) your registration and your use of the Site is in compliance with any and all applicable laws and regulations.
2. Accounts and Registration. When you purchase any products through the Site, you will have the option of registering an account. If you register for an account, you may be required to provide us with some information about yourself, such as your name, address, telephone number, email address, credit or debit card number, or other contact information. You agree that the information you provide to us is accurate and that you will keep it accurate and up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you must immediately notify us at [insert relevant email address].
3. Prices. All prices displayed on the Site are quoted in $. Breville reserves the right to restrict delivery to addresses within Australia. Shipping and handling fees and applicable sales/use tax will be added by Breville as necessary and permitted under applicable law. Breville reserves the right to make changes to pricing and specifications without prior notice and without incurring any obligations. Breville reserves the right to limit the number of items ordered and to refuse services to any customer without prior notification. In the event that an item lists an incorrect price, either due to typographical or other error, Breville will have the right to refuse or cancel any such order placed for the incorrect price, regardless of whether the order is being or has been processed. If payment has already been made or if a credit card has already been charged for the purchase and the order is cancelled, Breville will promptly credit the credit card account in the amount of the incorrect price charged.
4. Returns and Limited Warranty. All Breville products purchased through the Site are subject to our Return Policy and the Breville Limited Product Warranty.[update links to relevant local policies, if applicable]
5. Feedback. If you choose to provide input and suggestions regarding problems with or proposed modifications or improvements to the Site or otherwise (“Feedback”), then you hereby assign to Breville all right, title, and interest in and to the Feedback, and any intellectual property rights subsisting in the Feedback with no compensation to you for such assignment.
6. Ownership; Proprietary Rights. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Site (“Materials”) provided by Breville are protected by intellectual property and other laws. All Materials included in the Site are the property of Breville and its third-party licensors. Except as expressly authorized by Breville, you may not make use of the Materials. Breville reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
7.1 Linked Websites. The Site may contain links to third-party websites. Linked websites are not under Breville’s control, and, to the extent permitted by law, Breville is not responsible for their content.
7.2 Third Party Links to the Site. If Breville authorizes you to deep-link your website or a service offered by your website to the Site, you agree that (a) Breville has no obligation to continue to provide or make the service available; (b) all conditions, disclaimers and limitations on use set forth in these Terms remain in effect; (c) all intellectual property rights relating to Breville and its technology, including all ownership rights, remain the sole and exclusive property of Breville; (d) you will be solely responsible for the data and content that you publish on your website or service; and (e) Breville may, at any time (in its sole discretion), remove any linked source or terminate your access to the Site and any Materials on the Site.
8. Prohibited Conduct. BY USING THE SITE YOU AGREE NOT TO:
a. use the Site for any illegal purpose or in violation of any local, state, provincial, national, or international law;
b. violate, or encourage others to violate, any right of a third party, including by infringing or misappropriating any third party intellectual property right;
c. post, upload, or distribute any content that is unlawful, defamatory, libelous, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate;
d. interfere with security-related features of the Site, including by: (i) disabling or circumventing features that prevent or limit use or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Site except to the extent that the activity is expressly permitted by applicable law;
e. interfere with the operation of the Site or any user’s enjoyment of the Site, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Site; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Site;
f. perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation, accessing any other Site account without permission, or falsifying your age or date of birth;
g. sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6) or any right or ability to view, access, or use any Materials; or
h. attempt to do any of the acts described in this Section 8 or assist or permit any person in engaging in any of the acts described in this Section 8.
9. Modification of these Terms. To the extent permitted under applicable law, we reserve the right, at our discretion, to change these Terms on a going-forward basis at any time. Please check these Terms periodically for changes, to which you will be bound by virtue of continuing to transact activities through the Site. Disputes arising under these Terms will be resolved in accordance with the version of these Terms that was in effect at the time the dispute arose. IF YOU DO NOT AGREE WITH ANY MODIFICATION TO THESE TERMS, YOU MUST CEASE USING THE SITE AND DEACTIVATE YOUR ACCOUNT.
10. Term, Termination and Modification of the Site
10.1 Term. These Terms are effective beginning when you accept the Terms or download, install, access or use the Site, and ending when terminated as set for in Section 10.2.
10.2 Termination. To the extent permitted under applicable law, if you violate any provision of these Terms, your account and these Terms automatically terminate. In addition, Breville may, at its sole discretion, terminate these Terms, your account, or suspend or terminate your access to the Site at any time for any reason or no reason, with or without notice. You may de-activate your account and terminate these Terms at any time within your account on the Site or by contacting customer service at [insert relevant email address]. Note that your account data may not be deleted upon account de-activation.
10.3 Effect of Termination. Upon termination of these Terms: (i) your license rights will terminate and you must immediately cease all use of the Site; (ii) you will no longer have access to your account; (iii) you must remit to Breville any unpaid amounts due prior to termination; (iv) you will lose all of your order history and product registration information with Breville; and (v) upon termination of these Terms, all payment obligations accrued prior to termination and Sections 3 through 14 will survive.
10.4 Modification of the Site. Breville reserves the right to modify or discontinue the Site at any time (including by limiting or discontinuing certain features of the Site), temporarily or permanently, without notice to you. To the extent permitted by applicable law, Breville will have no liability whatsoever on account of any change to the Site or any suspension or termination of your access to or use of the Site.
11. Indemnity. You are responsible for your use of the Site, and you will defend and indemnify Breville and its affiliates, and their respective officers, directors, employees, consultants, subsidiaries and agents (together, the “Breville Entities”) from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs (“Claims”) arising out of or connected with: (a) your use of, or misuse of, the Site; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those Claims. This Section 11 is unenforceable and/or inapplicable where limited or prohibited by law.
12. Disclaimers; No Warranties
THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BREVILLE DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SITE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SITE, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, BREVILLE DOES NOT WARRANT THAT THE SITE OR ANY PORTION OF THE SITE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SITE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND BREVILLE DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR BREVILLE ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SITE WILL CREATE ANY WARRANTY REGARDING ANY OF THE BREVILLE ENTITIES OR THE SITE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SITE AND YOUR DEALING WITH ANY OTHER SITE USER. YOU UNDERSTAND AND AGREE THAT YOU USE THE SITE, AND ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN MATERIALS OR CONTENT THROUGH THE SITE AND ANY ASSOCIATED SITES OR SITES, AT YOUR OWN DISCRETION AND RISK, AND THAT, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE(S) USED IN CONNECTION WITH THE SITE), OR THE LOSS OF DATA THAT RESULTS FROM THE USE OF THE SITE OR THE DOWNLOAD OR USE OF THE MATERIALS OR CONTENT.
Notwithstanding the forgoing Breville does not disclaim any warranty or other right that Breville is prohibited from disclaiming under applicable law.
13. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL THE BREVILLE ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SITE OR ANY MATERIALS OR CONTENT ON THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY BREVILLE ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE BREVILLE ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SITE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE AMOUNT YOU HAVE PAID TO BREVILLE FOR ACCESS TO AND USE OF THE SITE IN THE 12 MONTHS PRIOR TO THE EVENT(S) OR CIRCUMSTANCES GIVING RISE TO CLAIM.
EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION 13 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
THIS SECTION 13 IS UNENFORCEABLE AND/OR INAPPLICABLE WHERE LIMITED OR PROHIBITED BY LAW.
14.1 Governing Law. These Terms are governed by the laws of [insert relevant jurisdiction] without regard to conflict of law principles. You and Breville submit to the personal and exclusive jurisdiction of the courts located within [insert relevant jurisdiction]for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Site from our offices in California[EH1] , and we make no representation that Materials included in the Site are appropriate or available for use in other locations.
14.3 Additional Terms. Your use of the Site is subject to all additional terms, policies, rules, or guidelines applicable to the Site or certain features of the Site that we may post on or link to from the Site (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
14.5 Contact Information. The Site is offered by Breville [insert name of relevant legal entity], located at [insert relevant address]. You may contact us by sending correspondence to that address or by emailing us at [insert relevant email address].