REPRESENTATIONS AND WARRANTIES
You represent, warrant, and agree that you have the right, power, and legal capacity to enter into this Agreement and to accept and adhere to the rights, obligations, and duties granted under its terms. Persons under the age of eighteen (18) may not use the Website. You warrant that you are a human individual that is eighteen (18) years of age or older. You warrant that you are not prohibited from assenting to this Agreement by any pre-existing Agreement. If you are using the Website on behalf of a third party, you warrant that you are the authorized representative of that third party and have the authority to bind that third party to the terms of this Agreement. You represent, warrant, and agree to:
- comply with the terms of this Agreement in good faith.
- not use the Website outside of the uses specifically provided for under this Agreement.
- not use the Website in any way that violates the rights of third parties, and you agree to comply with any and all applicable local, national, state, provincial, and international laws, treaties, and regulations.
- not post false, misleading, or defamatory content.
- not distribute viruses, malware, spyware, spam, chain letters, or any other harmful or unsolicited files or communications.
- not use, modify, copy, distribute, frame, reproduce, republish, download, scrape, display, post, transmit, harvest, collect or sell information about users of the Website or any other content or information found on the Website in any form or by any means, in whole or in part, without the prior written consent of Kaisom Hose Power.
- not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website.
- not use the Website to sell or offer for sale any goods or services of any kind.
You understand and agree that:
- Kaisom Hose Power may use, not use, lease, sell, and/or destroy any data or information related to the Website without notice at its sole discretion.
- Kaisom Hose Power does not warrant or guarantee that compliance with this Agreement will be sufficient to comply with your obligations hereunder, under applicable law or with third party rights. Given the global nature of the Internet, you agree to comply with all laws and rules where you reside or where you use the Website. The Website is operated in Australia and Kaisom Hose Power makes no representation that the Website is appropriate, lawful, or available for use in other locations.
- Kaisom Hose Power cannot be held liable for any user’s failure to truthfully or accurately disclose their identity.
- You will hold harmless, defend, and indemnify Kaisom Hose Power for any and all claims, demands, judgments, liabilities, costs, or fees, including reasonable attorneys’ fees, arising out of or relating to disputes over transactions entered into through the Website. Your agreement to defend Kaisom Hose Power under this section will not provide you with the right or ability to control Kaisom Hose Power’ defense.
DISCLAIMER OF WARRANTIES
Kaisom Hose Power DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM OR LIABILITY ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE OR ANY GOODS OR SERVICES THAT MAY BE LINKED TO OR THROUGH THE WEBSITE. Kaisom Hose Power PROVIDES THE WEBSITE AND RELATED SERVICES ON AN AS-IS BASIS AND WITH NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY, NON-INFRINGEMENT, OR QUALITY. SOME JURISDICTIONS DO NOT ALLOW AN EXCLUSION OF IMPLIED WARRANTIES. IF YOU ARE LOCATED IN SUCH A JURISDICTION, THIS EXCLUSION MAY NOT APPLY. Kaisom Hose Power WILL NOT BE HELD RESPONSIBLE OR LIABLE FOR ANY CONTENT POSTED ON THE WEBSITE, ANY THIRD-PARTY LINKS POSTED ON THE WEBSITE, OR ANY CONTENT TRANSMITTED THROUGH THE WEBSITE. Kaisom Hose Power DOES NOT ASSUME RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, UNAUTHORIZED ACCESS, DESTRUCTION OF IDENTITY, OR ALTERATION OF OR TO THE WEBSITE. Kaisom Hose Power RESERVES THE RIGHT TO DISCONTINUE THE WEBSITE AT ANY TIME. Kaisom Hose Power DOES NOT GUARANTEE THE CURRENTNESS OR ACCURACY OF THE CONTENT OR INFORMATION PROVIDED ON OR IN CONNECTION WITH THE WEBSITE, INCLUDING, WITHOUT LIMITATION, PRODUCT NAMES, SPECIFICATIONS, DIMENSION DIAGRAMS, AND INSTALLATION INSTRUCTIONS. Kaisom Hose Power IS NOT RESPONSIBLE FOR THE REPRESENTATION OR CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR ADVERTISER OF WEBSITE.
OWNERSHIP OF WEBSITE AND CONTENT
Kaisom Hose Power is the owner or licensee of all rights in and to the Website, the trademarks displayed on the Website and any and all copyrights, trade secrets, patent rights, or other proprietary or personal rights contained within or displayed upon the Website. The Website is subject to all applicable intellectual property and other laws. You are expressly prohibited from using Kaisom Hose Power’ trademarks, trade names, trade dress, design marks, trade secrets, or copyrightable works outside of the uses expressly stated in this agreement and without the prior written consent of Kaisom Hose Power. Kaisom Hose Power grants you a limited, revocable, non-exclusive, non-sublicensable, and royalty-free license to use the Website. This limited license automatically terminates upon a breach of any of the terms of this Agreement. You warrant and agree that you will not make any derivative works of the Website or delete or modify, in any way, any copyright, trademark, or other proprietary notices that appear on the Website. You are prohibited from framing, scraping, aggregating, hacking, reverse engineering, crawling, reproducing, preparing derivative works of, distributing, performing publicly, or displaying publicly the Website, whether in whole or in part, without the prior written consent of Kaisom Hose Power. Kaisom Hose Power is always seeking ways to enhance your user experience. If you have any meaningful suggestions, ideas, proposals or material that you would like to see incorporated into your user experience, you may contact Kaisom Hose Power. Any material or feedback you provide to Kaisom Hose Power is not confidential, and Kaisom Hose Power is not liable for the disclosure of such material. You shall receive no profit for such suggestions, ideas, proposals or other material, and you grant Kaisom Hose Power a non-exclusive, irrevocable, royalty-free, worldwide, and perpetual license to use your suggestions, ideas, proposals or material for any purpose, including, without limitation whatsoever.
PROHIBITED USE OF WEBSITE
You agree that you will not use the Website to violate any law, statute, ordinance, regulation, or treaty, to violate the rights of third parties, or for a use outside of the customary and intended purposes of the Website. Specifically, you are prohibited from the following conduct, without limitation:
- Circumventing Kaisom Hose Power’ technological or security protection mechanisms;
- Misusing another user’s personal information;
- Interfering with the operation of the Website;
- Impersonating another;
- Attempting to gain access to the private data or personal information of a user of the Website or a third party;
- Transmitting unsolicited commercial messages, or spam, through the Website or to users of the Website;
- Posting or transmitting content intended to collect personal or personally identifiable information from users of the Website or third parties;
- Posting or transmitting content that constitutes fraud, an unwanted commercial solicitation, a phishing scam, or a chain letter;
- Posting or transmitting content that is inaccurate, false, misleading, offensive, derogatory, obscene, profane, sexually-oriented, racially offensive, or otherwise harmful;
- Using a script, robot, spider, scraper, or other automated technology to access the Website;
- Posting or transmitting content that threatens or encourages bodily harm or the destruction of property;
- Posting or transmitting content that infringes upon the intellectual property rights or other personal or proprietary rights of other users of the Website or third parties;
- Posting or transmitting content that violates any term or condition of this Agreement; or
- Posting or transmitting content or using the Website in a manner that violates any law, statute, regulation, or ordinance, or treaty, whether local, state, provincial, national, or international.
You agree that you will hold harmless, defend, and indemnify Kaisom Hose Power Pty Ltd including its members, employees, agents, affiliates, directors, officers, and board members, from and against all claims, damages, liabilities, penalties, costs, and judgments, including attorneys’ fees, that arise out of or in connection with your use of the Website, your violation of a term or provision of this Agreement, or your violation of the rights of a third party. You agree that your obligation to hold harmless, defend, and indemnify Kaisom Hose Power will survive the termination or failure of this Agreement and your use of the Website. Your obligation to defend Kaisom Hose Power under the terms of this Agreement will not provide you with the right to control Kaisom Hose Power’ defence, and Kaisom Hose Power reserves the right to control its defence regardless of your contractual requirement to defend Kaisom Hose Power.
JURISDICTION AND CHOICE OF LAWS
You understand and agree that Kaisom Hose Power and the Website are located in the State of Victoria for all legal and non-legal purposes. You also agree that the Website does not give rise to personal jurisdiction over Kaisom Hose Power in states other than the State of Victoria. This Agreement will be governed by and interpreted under the laws of the State of Victoria without regard to its conflicts of law principles.
CONSENT TO ONE-YEAR LIMITATION PERIOD
YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR IN CONNECTION TO THE WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. YOU AGREE THAT YOU WILL NOT START OR PARTICIPATE IN ANY CLASS ACTION LAWSUIT RELATED IN ANY WAY TO THE USE OF THIS WEBSITE.
If any provision of this Agreement is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in full force and effect.
You understand and agree that no term or provision of this Agreement will be deemed to have been waived and no breach will be deemed to have been consented to unless said waiver or consent is in writing and signed by the party to be charged.
All notices to Kaisom Hose Power must be in writing to Kaisom Hose Power Pty Ltd, Suite 5, Level 1, 542 Station Street, Box Hill VIC 3128 Australia with a copy to firstname.lastname@example.org. All rights not expressly granted herein are reserved to Kaisom Hose Power Pty Ltd.