DISCLAIMER
Terms of Use between the User and Klaus Maertin (Aust) Pty Ltd
Floaties website is comprised of various Web pages owned and operated by Klaus Maertin (Aust) Pty Ltd.
The Floaties Web Site is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Floaties Web Site constitutes your agreement to all such terms, conditions, and notices.
Modification of these Terms of Use
Klaus Maertin (Aust) Pty Ltd. reserves the right to change the terms, conditions, and notices under which the Floaties Web Site is offered.
No Unlawful or Prohibited Use
Liability Disclaimer
THE INFORMATION, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE FLOATIES WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. KLAUS MAERTIN (AUST) PTY LTD AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE FLOATIES WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE FLOATIES WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
KLAUS MAERTIN (AUST) PTY LTD AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE FLOATIES WEB SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. KLAUS MAERTIN (AUST) PTY LTD AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
As a condition of your use of the Floaties Web Site, you warrant to Klaus Maertin (Aust) Pty Ltd. that you will not use the Floaties Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Floaties Web Site in any manner which could damage, disable, overburden, or impair the Floaties Web Site or interfere with any other party's use and enjoyment of the Floaties Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through Floaties Web Sites.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL KLAUS MAERTIN (AUST) PTY LTD AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE FLOATIES WEB SITE, WITH THE DELAY OR INABILITY TO USE THE FLOATIES WEB SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE FLOATIES WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE FLOATIES WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF KLAUS MAERTIN (Aust) PTY LTD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE FLOATIES WEB SITE, OR WITH ANY OF THESE TERMS OF USE THE SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE FLOATIES WEB SITE.
Termination/Access Restriction
General
Use of the Floaties Web Site is unauthorised in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Klaus Maertin (Aust) Pty Ltd as a result of this agreement or use of the Floaties Web Site.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of NSW, Australia. and you hereby consent to the exclusive jurisdiction and venue of courts in NSW, Australia in all disputes arising out of or relating to the use of the Floaties Web Site. Klaus Maertin (Aust) Pty Ltd. reserves the right, in its sole discretion, to terminate your access to the Floaties Web Site and the related services or any portion thereof at any time, without notice. Klaus Maertin (Aust) Pty Ltd’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Klaus Maertin (Aust) Pty Ltd’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Floaties Web Site or information provided to or gathered by Klaus Maertin (Aust) Pty Ltd with respect to such use.
If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Klaus Maertin (Aust) Pty Ltd with respect to the Floaties Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Klaus Maertin (Aust) Pty Ltd with respect to the Floaties Web Site.
A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents shall be drawn up in English.
Copyright and Trademark Notices
All contents of the Floaties Web Site are: Copyright Klaus Maertin (Aust) Pty Ltd and/or its suppliers. All rights reserved.
Trademarks
Any rights not expressly granted herein are reserved.
The names and images of companies and products mentioned herein may be the trademarks of their respective owners.
Privacy Policy
We collect information about you for 2 reasons: firstly, to process your order and second, to provide you with the best possible service.
We will give you the chance to refuse any marketing email from us in the future.
The type of information we will collect about you includes:
Your name,
Phone number,
Email address
The information we hold will be accurate and up to date. You can check the information that we hold about you by emailing us. If you find any inaccuracies we will delete or correct it promptly.
The personal information which we hold will be held securely in accordance with our internal security policy, the law and the Web Trader Code.
We may use technology to track the patterns of behaviour of visitors to our site. This can include using a "cookie" which would be stored on your browser. You can usually modify your browser to prevent this happening, although this may prevent particular features from functioning within our site. The information collected in this way can be used to identify you unless you modify your browser settings.
If you have any questions/comments about privacy you can email us on: info@floaties.com.au
For more information on Privacy Laws please see:
http://www.privacy.gov.au/
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