I. Scope of application
- elementar.com/en-au and portal.elementar.com/au (the “websites“) are an offer from Elementar Australia Pty Ltd (ACN 169 384 883) (“ELEMENTAR“). The following terms regulate the internet offers available to Australian Users (as defined below) only on the websites.
- The GENERAL TERMS AND CONDITIONS OF ELEMENTAR AUSTRALIA (“GTC-AUS“) shall apply to business relations with ELEMENTAR regarding consumables, devices and other products. In addition, the GENERAL TERMS AND CONDITIONS OF ELEMENTAR AUSTRALIA FOR THE CUSTOMER PORTAL (“GTC-CP-AUS“) shall apply where orders are placed via the Customer Portal.
II. Content of the websites
- ELEMENTAR provides information about the company, its products and services free of charge on its websites. In addition, ELEMENTAR enables registered users of the websites ("Users") to purchase products via the Customer Portal and to register to receive the Newsletter and to attend ELEMENTAR webinars and events.
- ELEMENTAR is entitled to change, restrict or completely discontinue the websites at any time at its reasonable discretion.
III. Use of the internet offers
- The internet offers made available on the websites may only be used in the manner intended by ELEMENTAR.
- The User must not:
- use the contents of the websites for commercial or professional purposes without prior consent of ELEMENTAR, unless the use is expressly authorised by ELEMENTAR;
- bypass, disable or otherwise interfere with any functions (e.g. search masks) of the websites, in particular to take any measures that could place an excessive load on the infrastructure of the websites;
- block, overwrite or modify any content generated by ELEMENTAR and displayed on the websites.
- ELEMENTAR may require Users to provide certain information in order to make available certain internet offers. The User must ensure all such information is correct and complete. ELEMENTAR will not process any incomplete or incorrectly completed forms.
- If the User does not comply with the provisions of this Part III, ELEMENTAR reserves the right to exclude the User from the use of the services offered by ELEMENTAR, including those offered through the website.
IV. Registration for internet offers
- The registration and use of the internet offers made available on the websites is exclusively open to Australian Users only.
- The User may register for the following offers:
- Newsletter: Registration for the newsletter takes place either within the course of registration for the Customer Portal by selecting the "yes" box under the heading "Newsletter registration" or separately on the Customer Portal via the input box provided for this purpose. The separate registration requires the indication of the e-mail address, the confirmation by clicking on the "Subscribe to newsletter" button as well as the verification of the indicated e-mail address by confirming the subscription to the newsletter via the activation link sent during registration.
- Webinars: Registration for webinars takes place by selecting a webinar offer on one of the websites, clicking on the link "Please follow this link to register for the webinar", indicating the meeting number, clicking on the "Join" button, entering the mandatory personal details in the linked mask and clicking on the "Register Now" button.
- The User may correct their details before completing the respective registration process.
- The activation of the customer account or individual functions and information (e.g. User configurations or discounts) may take some time. ELEMENTAR endeavours to activate customer accounts as quickly as possible. ELEMENTAR is not liable to the Customer in respect of any delay experienced between the time the Customer's information is provided and activation of the Customer's account.
- By providing their e-mail Users hereby consent to ELEMENTAR informing the User by e-mail about the registration and the activation of the account and, if necessary, provide further information (e.g. on the newsletter or webinar or any other commercial electronic messages).
- ELEMENTAR will not store the contract text in a form accessible to the User.
- The User is obliged to protect their user name and password against unauthorised access by third parties. The password must be chosen in such a way that it complies with the User's usual security standards. It must contain at least one special character, one upper and one lower case letter as well as a number. The password must consist of at least eight characters.
- Responsibility for third party content linked from one of the websites (external links) is the respective owner. While ELEMENTAR always endeavours to ensure that the information provided on the websites is complete, correct and up-to-date, ELEMENTAR does not make any representation or warranty that the information provided is reliable, accurate or complete. Users should make their own enquiries and seek independent advice from relevant industry professionals before acting or relying on any information or material which is made available to them by ELEMENTAR.
- To the maximum extent permitted by law, ELEMENTAR shall, whether in contract, tort (including negligence or breach of statutory duty) or otherwise, and whatever the cause (i) not be liable for any indirect loss or consequential loss and (ii) shall only be liable in the event of breach of a material contractual obligation. A material contractual obligation is an obligation, the fulfillment of which is necessary to achieve the purpose of the contract and on the fulfillment of which the User may regularly rely.
- The limitation of liability according to clause 2 shall not apply to damages resulting from injury to life, body or health. Furthermore, it shall not apply in the event of fraudulent concealment or in the event of a guarantee expressly given by ELEMENTAR.
- Insofar as ELEMENTAR's liability is excluded or limited, this shall also apply to the personal liability of its employees, representatives, and legal vicarious agents.
- Links to ELEMENTAR's internet offers may only be set with prior consent of ELEMENTAR, at least in writing. The same applies to the framing of internet offers.
VII. Intellectual property
ELEMENTAR retains all title to and intellectual property rights in all texts, graphic representations and other contents on the websites. If trademarks, logos, images and films of third parties are used, ELEMENTAR is entitled to at least non-exclusive rights of use. It is prohibited to commercially reproduce, distribute, otherwise make publicly accessible or edit the aforementioned elements in whole or in part without prior consent of the rights holder.
IX. Applicable law, place of jurisdiction, language
- The competent courts of NSW, Australia shall have exclusive jurisdiction over all disputes between ELEMENTAR and Australian Users.
- The contractual language is English.
Status: July 2021