Dematic Terms and Conditions
By signing-on or accessing this site, you agree the following:
You agree to not share your user ID or password with anyone else. All users must have their own credentials, unless agreed to in writing by Dematic Pty Ltd. ("Dematic"). You agree to keep your password secure and to choose passwords that are not easily guessed (such as your name or "password").
If you access this site from a public or shared computer do not check the box to keep yourself signed-in, and click "Logout" then close the browser when you have finished your session. If you stop working for your current employer, you will no longer access the Dematic website under your current user ID.
You are responsible for all actions taken under your user ID. You represent that you are authorised by your employer to use this site, agree to pay for all items ordered and agree to the Dematic general terms and conditions of sale (e-commerce) which are available here.
The information found on this website is proprietary and is the property of Dematic Pty Ltd. or other entities. Do not use or copy without written permission from Dematic.
1.2 While using the Dematic website the User acts as a business customer of Dematic.
2.1 Dematic offers on the Dematic website specific information and software, as well as - as the case may be - related documentation, for viewing or downloading.
2.2 Dematic may stop the operation of the Dematic website in full or in part at any time. Due to the nature of the internet and computer systems, Dematic cannot accept any liability for the continuous availability of the Dematic website.
3. Registration, password
3.2 For registration the User shall give accurate information and, where such information changes over time, shall inform Dematic thereof (to the extent possible) without undue delay. The User shall ensure, that its e-mail address, as supplied to Dematic, will be current and an address at which the User can be contacted.
3.3 Upon registration acceptance the User will be provided with credentials, comprised of a User ID and a password ("credentials"). On first access the User shall change the password received from Dematic into a password known only to the User. The credentials allows the User to view or change its data or, as the case may be, to withdraw its consent to data processing.
3.4 The User shall ensure that the User Data will not be accessible by third parties and is liable for all transactions and other activities carried out under its User ID. At the end of each online session, the User shall log-off from the password protected websites. If and to the extent the User becomes aware that third parties are misusing its User Data the User shall inform Dematic thereof without undue delay in writing, or, as the case may be, by e-mail.
3.5 After receipt of the notice under paragraph 3.4, Dematic shall deny access to the password-protected area under the User ID and reset the password. Access will only be possible again once the Users's identity can be verified.
3.6 The User may at any time demand the deletion of its registration in writing, provided that the deletion will not violate the proper performance of contractual relationships. In such event Dematic will delete all stored personally identifiable data of the User as soon as these data are not needed anymore.
4. Rights of use to information, software and documentation
4.2 Dematic grants the User a non-exclusive and non-transferable right to use the information made available to the User on the Dematic website for the purchase of parts by User from Dematic.
4.3 Information, software and documentation may not be distributed by the User to any third party at any time nor may it be rented or in any other way made available. Unless such is allowed by mandatory law, the User shall not modify the software or documentation nor shall it disassemble, reverse engineer or decompile the software or separate any part thereof.
4.4 The information, software and documentation are protected by copyright laws as well as international copyright treaties as well as other laws and conventions related to intellectual property. The User shall observe such laws and in particular shall not remove any alphanumeric code, marks or copyright notices neither from the information nor from the software or documentation.
5. Intellectual property
5.1 Notwithstanding the particular provisions in § 4 of these conditions, information, brand names and other contents of the Dematic website may not be changed, copied, reproduced, sold, rented, used, supplemented or otherwise used in any other way without the prior written permission of Dematic.
5.2 Except for the rights of use and other rights expressly granted herein, no other rights shall be granted to the User nor shall any duty be implied to grant rights to, such as, but not limited to, company's name or to intellectual property rights such as patents, brands or utility models.
6. Duties of the user
6.1 While using the Dematic website the User shall not harm other persons, in particular minors, or infringe their personal rights; breach public morality in its manner of use; violate any intellectual property right or any other proprietary right; upload any contents containing a virus, so-called Trojan Horse, or any other program that could damage data; transmit, store or upload hyperlinks or contents to which the User is not entitled, in particular in cases where such hyperlinks or contents are in breach of confidentiality obligations or illegal; or distribute advertising or unsolicited e-mails (so-called "spam") or incorrect warnings of viruses, defects or similar material and the User shall not solicit or request the participation in any lottery, snowball system, chain letter, pyramid game or similar action.
The Dematic website may contain hyperlinks to the Web pages of third parties. Dematic accepts no liability for the contents of such Web pages and does not make representations about or endorse such Web pages or their contents as its own, as Dematic does not control the information on such Web pages and is not responsible for the contents and information given thereon. The use of such Web pages shall be at the sole risk of the User.
8. Liability for defects of title or quality
8.1 Insofar as any information, software or documentation is made available at no cost, any liability for defects as to quality or title of the information, software and documentation especially in relation to the correctness or absence of defects or the absence of claims or third party rights or in relation to completeness and/or fitness for purpose are excluded except for cases involving willful misconduct or fraud as well as personal injury or death.
8.2 The information may contain general descriptions related to the technical possibilities of individual products which may not be available in certain cases (e.g. due to product changes). The required performance of the product shall therefore be mutually agreed in each case at the time of purchase.
9. Other liability, viruses
9.1 The liability of Dematic for defects in relation to quality and title shall be determined in accordance with the provisions of § 8 of these conditions. Any further liability of Dematic is excluded unless required by law, e.g. in cases of willful misconduct, gross negligence, personal injury or death, failure to achieve guaranteed characteristics, fraudulent concealment of a defect or in case of breach of fundamental contractual obligations. The damages in case of breach of fundamental contractual obligations is limited to the contract-typical, fore-seeable damage if there is no willful misconduct or gross negligence.
9.2 Although Dematic makes every endeavor to keep the Dematic website free from viruses, Dematic cannot make any guarantee that it is virus-free. The User shall, for its own protection, take the necessary steps to ensure appropriate security measures and shall utilize a virus scanner before downloading any information, software or documentation. The User shall use all reasonable steps to ensure security measures and utilize a virus scanner to ensure that no viruses are uploaded onto the Dematic website.
9.3 §§ 9.1 and 9.2 do not intend nor imply any changes to the burden of proof to the User's disadvantage.
10.1 For collection, use and processing of personally identifiable data the Dematic website shall comply with applicable laws on data privacy protection. Highly confidential information such as credit card numbers are either not stored on the Dematic website, or are stored in encrypted format.
10.2 Dematic makes use of IP address recognition and cookies to enhance the User's experience on the Dematic website.
11. Supplementary agreements, place of jurisdiction, applicable law
11.1 Any supplementary agreement to these terms must be in writing.
11.2 The place of jurisdiction shall be New South Wales, Australia.
12. The Dematic website is operated from servers located in the Australia and administered by Dematic Pty Ltd of New South Wales, Australia.