Terms and Conditions
Welcome to the Kelvinator website (“Site”). Please read these terms carefully before using the Site. The Site may be used for informational purposes only. By using the Site or downloading materials from the Site, you agree to follow these terms and conditions and all of our terms, conditions and policies set out or otherwise referenced on the Site (“Terms”). If you do not agree to these Terms, please exit the Site. By accessing the Site, you indicate your agreement to be bound by these Terms.
The Electrolux Group owns the Kelvinator brand and Electrolux Home Products Pty Ltd ACN 004 762 341 (“Electrolux”), is the operator of the Site. Electrolux uses "cookie" technology to enhance and facilitate your visit to the Site. The "cookie" files are sent to your computer and identify you as a unique user and store your personal preferences and technical information. We use:
(a) Permanent "cookies" (i.e., the cookies remain on your computer until you delete them); and
(b) Temporary "cookies" (i.e., the cookies last until you close your browser).
"Cookies" do not themselves contain or reveal any personal information. If you submit personal information via the Site, your information can be linked to the data stored in the cookies.
Subject to these Terms, Electrolux grants you a non-exclusive, non-transferable, limited right to access, use and display this Site for your personal, non-commercial use only. You agree not to interrupt or attempt to interrupt the operation of the Site in any way.
Electrolux authorises you to view and/or download the information on the Site and any software made available through the Site ("Materials") only for your personal, non-commercial use. This authorisation is not a transfer of title in the Materials or copies of the Materials and is subject to the following restrictions: (1) you must retain, on all copies of the Materials, all copyright and other proprietary notices contained in the Materials; (2) you may not copy or modify the Materials or any portion of the Site in any way or reproduce or publicly display, perform, transmit, reuse, repost, publish, licence, adapt, create derivative works, reverse engineer, decompile, disassemble, transfer, lease, sell, distribute or otherwise use or communicate the Materials or any portion of the Site for any public or commercial purpose; and (3) you must not transfer the Materials to any other person unless you give them notice of, and they agree to accept, the obligations arising under these Terms. You agree to abide by all additional restrictions displayed on the Site as it may be updated from time to time. The Site, including all Materials, is protected by worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of the Site and to prevent any unauthorised copying of the Materials. Except as expressly provided in these Terms, Electrolux does not grant any express or implied right to you under any patents, designs, trademarks, copyrights or trade secret legislation.
You might be required to open an account to be able to access certain restricted parts of the Site. In such event you must complete the registration process by providing us with complete and accurate information as stated in the applicable registration form. You will also be required to choose a password. You are responsible for maintaining the confidentiality of your password and account. Furthermore, you are responsible for any and all activities that occur under your account. You agree to notify Electrolux immediately of any unauthorised use of your account or any other breach of security of which you are aware or ought reasonably be aware. Electrolux will not be liable for any loss that you may incur as a result of someone else using your password or account.
You represent and warrant that you will use the Site in compliance with these Terms including the laws and provisions under these Terms and to comply with all existing and future Site policies and rules. You agree that you will not use the Site to: (a) transmit spam or unsolicited communications; (b) pretend to be Electrolux or someone else; (c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through the Site; (d) misrepresent your affiliation with a person or entity; (e) act in a manner that negatively affects other users' ability to use the Site; (f) engage in activities that would violate any applicable law, (g) post or transmit any material which violates or infringes in any way upon the rights of others or which is unlawful, abusive, defamatory, vulgar or otherwise objectionable or which contains any advertising or solicitation with respect to products or services; (h) collect or store personal data about other users unless specifically authorised by such users; or (i) not adhere to withdrawal of such authorisation as described in (h). If you do not comply with these Terms, you may not use the Site and Electrolux reserves all its legal rights in relation to such non-compliance.
You further agree to provide Electrolux with all assistance reasonably requested by Electrolux, its affiliates or subsidiaries and any other party involved in creating, producing or delivering the Site and their respective officers, directors and agents in relation to any claims arising out of your use of, or access to, the Site or the Materials, any breach of these Terms and any allegation that any user content that you make available or create through the Site infringes the copyright, trade mark, trade secret, privacy or other intellectual property or other rights of any third party.
Electrolux reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms in whole or in part, at any time. Changes in these Terms will be effective when notice of such changes is posted on the Site. Your continued use of the Site after any changes to these Terms are posted will be considered acceptance of those changes. You should revisit this page on the Site when you access the Site to review the terms by which you are bound. If do not agree to any posted change to these Terms, please exit the Site and immediately destroy all Materials.
Electrolux may terminate, change, correct any errors or omissions in any portion of the Site, make any other changes to the Site, the Materials, the products, the product data, the product materials, programs, services or prices (if any) described in the Site, suspend or discontinue any aspect of the Site, including the availability of any features of the Site, at any time without notice.
Electrolux may also impose limits on certain features and services or restrict your access to parts or the entire Site without notice or liability. Electrolux may terminate the authorisation, rights and license given under these Terms at any time and, upon such termination, you shall immediately destroy all Materials.
Acknowledgement of intellectual property rights
You acknowledge that all intellectual property rights (including, but not limited to, copyright, patents, know-how, confidential information, database rights, and rights in trademarks and designs, whether registered or unregistered) in the Site and the Materials (including all text and images) are owned by Electrolux or its related bodies corporate or its licensors (Intellectual Property Rights). All goodwill arising through the use of the Intellectual Property Rights owned by Electrolux or its related bodies corporate or its licensors shall inure to Electrolux or its related bodies corporate or its licensors, as the case may be. Your use of those Intellectual Property Rights without the permission of Electrolux is strictly prohibited, except as contemplated by these Terms.
Information provided by you
You must not post or upload any information, comment, content, materials or link to the Sites or social media sites that is illegal, infringes third party rights, defamatory, bullying, indecent or inflammatory. Electrolux may, but is not obliged, to moderate any user generated content and may remove any content that, in Electrolux’s discretion, is inappropriate. Electrolux may provide warnings or otherwise block or suspend users or their accounts.
You warrant that you have permission of the person appearing, or whose content is appearing, in content you submit that they unconditionally and irrevocably consents to any act or omission which might infringe any moral rights they may have in the content under any law.
Electrolux, its affiliates and partners may freely use, copy, reproduce, publish, display, publicly perform, transmit, distribute, modify or alter user submitted content, and Materials, and you further agree that Electrolux is free to use any ideas, concepts or know-how that you or individuals acting on your behalf provide to Electrolux for any purpose (including any promotions or campaigns) at any time in the future and via any media.
You may not: (a) use any device or software capable of interfering with the operation of the Site; or (b) take any action, which imposes a disproportionately large or unreasonable load upon the infrastructure of the Site (such as sending mass emails - "spamming"); or (c) interfere or tamper with the software or functionality of the Site. This includes putting material on the Site, which is infected with viruses, trojan horses, time bombs or other elements that may damage or interfere with the programming structure of the Site.
Third Party Websites
Electrolux does not undertake to monitor or review third party site content nor is Electrolux responsible for the accuracy or reliability of any such third party websites. Furthermore, Electrolux may provide on the Site links to websites operated by other entities. If you use these websites, you will leave the Site. If you visit any linked website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Electrolux makes no warranty or representation regarding any linked websites or the information appearing on any linked websites or any of the products or services described on any linked websites. Links do not imply that Electrolux or the Site sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked website is authorised to use any trademark, trade name, logo or copyright symbol of Electrolux or any of its affiliates or subsidiaries.
External links to the site
All links to the Site must be approved in writing by Electrolux, except that Electrolux consents to: (i) text only links containing only the name “Electrolux” and that do not otherwise contain any of Electrolux’s or its licensor's proprietary trademarks; (ii) the link "points" only to www.electrolux.com.au and not to deeper pages; (iii) the link, when activated by a user, displays that page full-screen in a fully operable and navigable browser window and not within a "frame" on the linked website; and (iv) the appearance, position, and other aspects of the link may neither create the false appearance that an entity or its activities or products are associated with or sponsored by Electrolux nor be such as to damage or dilute the goodwill associated with the name and trademarks of Electrolux or its affiliates or subsidiaries. Electrolux reserves the right to revoke this consent to link at any time in its sole discretion.
Exclusion of implied warranties
Although care has been taken to ensure the accuracy of the Materials, the Materials may contain inaccuracies and typographical errors. To the extent permitted by law, Electrolux does not warrant the accuracy or completeness of the Materials or the reliability of any advice, opinion, statement, memorandum or other information displayed or distributed through the Site and you acknowledge that any reliance on any such opinion, advice, statement, memorandum or information shall be at your sole risk. All content is provided "as is" and "as available". To the extent permitted by law, Electrolux expressly disclaims any representations or warranties of any kind, express or implied, including without limitation warranties of merchantability or fitness for a particular purpose, non-infringement, or as to the operation of the Site or the Materials. Electrolux does not warrant or make any representations as to the security of the Site. You acknowledge any information sent may be intercepted. Electrolux does not warrant that the Site or the servers which make the Site will be available or that electronic communications sent by Electrolux, the Site or the Materials are free from viruses or any other harmful elements. All such representations, warranties and conditions are excluded except to the extent that the law prohibits their exclusion. Notwithstanding anything else in these Terms, Electrolux does not exclude any warranties or conditions that cannot be excluded by law.
Limitation of liability
To the extent permitted by law, in no event shall Electrolux be liable for any direct, indirect, consequential, punitive, special or incidental damages (including, without limitation, damages for loss of business, contract, revenue, data, information or business interruption) resulting from, arising out of or in connection with the use of, or inability to use the Site or the Materials or out of or in connection with these Terms, even if Electrolux has been advised of the possibility of such damages. In addition to these Terms, to the extent permitted by law, in no event shall Electrolux be liable for any errors, inaccuracies, omissions or other defects or untimeliness or unauthenticity of any information contained on the Site.
Duty to mitigate losses
Without prejudice to the limitation of Electrolux’s liability under these Terms, you shall take all reasonable steps to mitigate your loss arising in relation to any claim or action (whether for negligence, breach of contract or otherwise), which you may bring against Electrolux.
All references to "writing", "notices", and "notification" and all related expressions shall cover electronic methods of communication (for instance, e-mail) provided that the party relying on the communication retains acceptable evidence that the communication was sent and received.
If Electrolux does not comply with its undertakings under these Terms, it may correct the non-compliance or either party may terminate the agreement created by your acceptance of these Terms.
Whole agreement and severability
These Terms constitute the entire agreement between Electrolux and you with respect to your use of the Site. To the extent permitted by law, any cause of action you may have with respect to your use of the Site or the Materials must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of these Terms or any portion of these Terms, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect.
Third Party rights
Except as expressly provided in these Terms, a person who is not a party to these Terms may not enforce any of its terms.
The Site is controlled, operated and administered by Electrolux from its offices in Australia. Electrolux makes no representation that the Materials are appropriate or available for use at other locations outside of Australia and access to them from territories where their contents are illegal is prohibited. If you access the Site from locations outside of Australia, you are responsible for compliance with all local laws. The laws of New South Wales, Australia shall govern these Terms, without giving effect to its conflict of laws provisions. The Courts of New South Wales shall have exclusive jurisdiction on any dispute arising from these Terms.