1.1 Any use of this Platform provided by Stulz is subject to these Platform Access Conditions.
1.2 We may change, vary or modify all or part of these Platform Access Conditions at any time at our sole discretion.
1.3 If we adopt new Platform Access Conditions:
1.3.1 we will post the new Platform Access Conditions on the Website; and
1.3.2 they will thereupon apply to your use of and access to the Platform through your acceptance of them by subsequent or continued use of the Platform.
1.4 It is your responsibility to check these Platform Access Conditions periodically for changes.
1.5 If you object to any variation to these Platform Access Conditions, your only remedy is to immediately discontinue use of the Platform.
1.6 By using the Platform, you affirm that you are 18 years or over or otherwise possess legal parental or guardian consent.
1.7 As long as you comply with these Platform Access Conditions, we grant you a personal, non-exclusive, non-transferable, limited right to enter and use the Platform.
1.8 These Platform Access Conditions were last updated on 29 June 2016.
2.1 We may deny access to the Platform at any time whether for an individual or many users, including if you breach any obligation arising from these Platform Access Conditions.
2.2 Only registered users may access the Portal.
2.3 We reserve the right to deny registration and to revoke access to the Portal at any time without notice.
2.4 You must actively confirm your use of the Portal every 90 days or your right of use may be deactivated without notice.
2.5 You are able to modify or to delete your information in your Portal account at any time. Following deletion of your user account the Portal shall no longer be accessible or useable.
2.6 While we use reasonable endeavours to ensure that the Platform is available continuously, we do not make any representations or warranties that your access will be uninterrupted, timely, secure, error free, or that any defects will be corrected, or that your use of the Platform will provide specific results or benefits.
2.7 The Platform and its Content is delivered on an as-is and as-available basis.
3.4 You acknowledge and agree that transmissions on the internet are never completely private or secure and you understand that any message or information you send to, upload or download from the Platform (where permitted) may be read or intercepted by others.
4. Platform content
4.1 Except as expressly provided otherwise in the Platform Access Conditions you do not have any right, title or interest in or right of use of any Content on the Platform.
4.2 Except as expressly provided in these Platform Access Conditions no part of the Platform or Content (other than a temporary copy held in your computer's cache) may be copied, stored, altered, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including mirroring) to any other computer, server, website or other medium for publication or for any commercial enterprise or use, without our express prior written consent.
4.3 Content may contain specifications or general descriptions of the technical details of individual products which may not be available in certain cases (e.g., due to product changes). The required performance characteristics of a product must therefore be agreed in each case at the time when a contract to purchase the product is concluded.
4.4 We reserve the right to change the data, product data and prices on the Portal at any time without notice.
5. Use of the Platform
5.1 You must not:
5.1.1 use the Platform in breach of any applicable laws or regulations;
5.1.2 use the Platform (or Content obtained from the Platform):
a) to transmit (or authorise the transmission of) "junk mail," "chain letters," unsolicited emails, instant messaging, "spimming," or "spamming";
b) to impersonate any person or entity;
c) to solicit money, passwords or personal information from any person;
d) to harm, abuse, harass, stalk, threaten or otherwise offend others;
e) to solicit or request participation in any lottery, snowball system, pyramid scheme or similar activity; or
f) for any unlawful purpose;
5.1.3 use the Platform to upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) any Material that:
a) is not your original work, or which in any way violates or infringes (or could reasonably be expected to violate or infringe) the intellectual property or other rights of another person;
b) contains, promotes, or provides information about unlawful activities or conduct;
c) is, or could reasonably be expected to be, defamatory, obscene, offensive, threatening, abusive, pornographic, vulgar, profane, indecent or otherwise unlawful, including Material that racially or religiously vilifies, incites violence or hatred, or is likely to offend, insult or humiliate others based on race, religion, ethnicity, gender, age, sexual orientation or any physical or mental disability;
d) exploits another person in any manner;
e) contains nudity, excessive violence, or sexual acts or references;
f) includes an image or personal information of another person or persons unless you have their consent;
g) poses or creates a privacy or security risk to any person;
h) you know or suspect (or ought reasonably to have known or suspected) to be false, misleading or deceptive;
i) contains large amounts of untargeted, unwanted or repetitive content;
j) contains restricted or password only access pages, or hidden content;
k) contains viruses, or other computer codes, files or programs designed to interrupt, limit or destroy the functionality of other computer software or hardware;
l) advertises, promotes or solicits any goods or services or commercial activities (except where expressly permitted or authorised by us); or
m) contains financial, legal, medical or other professional advice;
5.1.4 interferes with, disrupts, or creates an undue burden on the Platform or any systems, or networks connected to the Platform;
5.1.5 use any deep-link, page-scrape, robot, spider, or other automatic device, program, algorithm, or methodology or any similar process to retrieve, index, or in any way reproduce, modify or circumvent the navigational structure, security or presentation of the Platform;
5.1.6 use the Platform with the assistance of any automated scripting tool or software;
5.1.7 frame or mirror any part of the Platform without our prior written authorisation;
5.1.8 use code or other devices containing any reference to the Platform to direct other persons to any other web page;
5.1.9 attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any of our servers by hacking, password mining or any other illegitimate means;
5.1.10 probe, scan or test the vulnerability of the Platform or any network connected to the Platform, nor breach the security or authentication measures on the Platform or any network connected to the Platform;
5.1.11 reverse look-up, trace, or seek to trace any information on any other user of or visitor to the Platform to its source, or exploit the Platform or any service or information made available of offered through the Platform, in any way where the purpose is to reveal any information, as provided for by the Platform;
5.1.12 use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Platform or with any other person’s use of the Platform;
5.1.13 except to the extent permitted by law, modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Platform or cause any other person to do so; or
5.1.14 delete any attributions or legal or proprietary notices on the Platform.
6. Material of user
6.1 By uploading, transmitting, posting or otherwise making available any Material via the Platform, you:
6.1.1 grant us a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form and for any purpose;
6.1.2 except where expressly stated otherwise, also grant each user of the Platform a non-exclusive, worldwide, royalty-free, perpetual, licence to use, reproduce, edit and exploit the Material in any form for any purpose;
6.1.3 warrant to us that the user has the right to grant the above mentioned licences;
6.1.4 warrant to us that the Material does not breach the Platform Access Conditions; and
6.1.5 unconditionally waive and shall procure the waiver of all moral rights (as defined by the Copyright Act 1968) which you or any other relevant person may have in respect of the Material.
6.2 we reserve the right (but have no obligation) to:
6.2.1 review, modify, reformat, reject or remove any Material which you upload, post, transmit or otherwise make available (or attempt to upload, post, transmit or otherwise make available) that, in our opinion, violates the Platform Access Conditions or otherwise has the potential to harm, endanger or violate the rights of any person; and
6.2.2 monitor use of the Platform, and store or disclose any information that we collect, including in order to investigate compliance with the Platform Access Conditions or for the purposes of any police investigation or governmental request.
6.3 We are not responsible for, and accept no liability with respect to, any Material uploaded, posted, transmitted or otherwise made available on the Platform by any person other than us.
6.5 For the avoidance of doubt, we will not be taken to have uploaded, posted, transmitted or otherwise made Material available on the Platform simply by facilitating others to post, transmit or make Material available, nor do we endorse any opinion, advice or statement made by any person other than us.
7. Content Disclaimer
7.1 You assume total responsibility for your use of the Platform and any linked independent third-party websites (including the websites, domains and sub-domains of Related Bodies Corporate).
7.2 Except where expressly stated otherwise, Content on the Platform is provided as general information only. It is not intended as advice and must not be relied upon as such. You should make your own inquiries and take independent advice tailored to your specific circumstances prior to making any decisions.
7.3 We do not make any representation or warranty that any Content on the Platform will be reliable, accurate or complete, nor do we accept any responsibility arising in any way from errors or omissions.
7.4 You acknowledge and agree that public and private online networks are, by their nature, unreliable.
7.5 We will not be liable for loss or damage suffered or incurred by you where that loss or damage results from any action or decision by you in reliance on the Content on the Platform, nor any interruption, delay in operation or transmission, virus, communications failure, Internet access difficulties, or malfunction in equipment or software.
7.6 You acknowledge and agree that we are not responsible for, and accept no liability in relation to, any other users’ use of, access to or conduct in connection with the Platform in any circumstance.
8. Exclusions + Limitations
8.1 All express or implied representations, conditions, statutory guarantees, warranties and provisions (whether based on statute, common law or otherwise), relating to these Platform Access Conditions, that are not contained in it, are excluded to the fullest extent permitted by law.
8.2 Any liability arising in relation to your use of the Platform, however arising and whether for direct, indirect, special, consequential loss or otherwise, including any liability arising by virtue of any representation or warranty, whether express or implied by law, is hereby excluded to the fullest extent permitted by law.
9.1 Indemnity: You indemnify and keep us indemnified in respect of all damages, losses, costs and expenses (including legal costs) that we may incur as a result of your use of, access to, or conduct in connection with the Platform, including any breach of these Platform Access Conditions.
9.2 Lawful purpose: You must ensure that the Platform is used only for lawful purposes and in accordance with any applicable laws.
9.3 Binding: These Platform Access Conditions bind Stulz’s successors, administrators and permitted assigns and your executors and permitted assigns, or, if you use the Platform in the capacity of a body corporate then also, its successors, administrators and permitted assigns.
9.4 Assignment: We may assign, transfer and/or sub-contract our rights and/or obligations (in whole or in part) under these Platform Access Conditions. You may not assign, transfer, hold on trust or otherwise delegate any of your rights or obligations under these Platform Access Conditions without our prior written consent.
9.5 Subsidiary Agreements: Subsidiary Agreements must be in writing.
9.6 Severability: Each clause in these Platform Access Conditions is severable and if any clause is held to be illegal or unenforceable, then the remaining clauses will remain in full force and effect.
9.7 Waiver: No failure, delay, relation or indulgence on our part in exercising any power, right or remedy precludes any other or further exercise of that or any other power, right or remedy.
9.8 Governing law: These Platform Access Conditions must be governed by the laws of the State of New South Wales, Australia.
10. Interpretation + Definitions
10.1 Personal pronouns: Except where the context otherwise provides or requires:
10.1.1 the terms we, us or our refers to Stulz; and
10.1.2 the terms you or your refers to a user of the Platform in your personal capacity and also in your capacity as agent for any body corporate which employs you, to whom you are contracted or otherwise represent.
10.2 Defined terms: In these Platform Access Conditions, unless otherwise provided, the following terms must have their meaning as specified:
Content means all manuals, brochures, technical notes, signs, images, symbols, product data, technical descriptions and data, weight and measurement descriptions, information, installation instructions, calculation or planning models, documentation, text, graphics, user interfaces, visual interfaces, photographs, drawings, illustrations, audio, video, trademarks, logos, sounds, music, artwork and computer code including but not limited to the design, structure, selection, coordination, expression, look and feel and arrangement of such content contained on the Platform which is owned controlled or licensed by or to us (and/or our Related Bodies Corporate) and is protected by Intellectual Property Rights.
Intellectual Property Rights means all forms of intellectual property rights (whether registered or unregistered) in copyright, designs, patents, trade marks, domain names, trade secrets, know-how, confidential information, and all other similar proprietary rights and all extensions and renewals thereof anywhere in the world which currently exist and/or are recognised in the future.
Material means any material in which you have Intellectual Property Rights provided by you for use on the Platform including, but not limited to, text, illustrations, photographs, audio, video, any combination of these or other material.
Platform means the Website and/or the Portal as the context requires or provides.
Portal means the exclusive extranet access for STULZ sales and service partners being e-STULZ and pertinent pages located at e.stulz.com.au.
Related Bodies Corporate has the same meaning as defined the Corporations Act 2001 (Cth).
Stulz means Stulz Australia Pty Limited.
Platform Access Conditions means these terms and conditions of access to the Platform and any additional terms, conditions, notices and disclaimers displayed elsewhere on the Platform, as amended from time to time.
Website means our website and pertinent pages located at stulz.com.au including its sub-domains (except the Portal) and database.