TERMS OF USE

Last updated: DECEMBER 2019 

WELCOME TO OUR WEBSITE FOR WEIGHT WATCHERS BATHROOM SCALE PRODUCTS BROUGHT TO YOU BY CONAIR AUSTRALIA PTY LIMITED, ABN 64 068 492 044, AND ITS RELATED BODY CORPORATES (“CONAIR,” “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT THE URL:  HYPERLINK "http://WWW.BTSCALESBYCONAIR.COM.AU" WWW.BTSCALESBYCONAIR.COM.AU, ALL OTHER CONAIR SITES WHERE THESE TERMS ARE POSTED (EACH, A "SITE"), ANY SOFTWARE THAT CONAIR PROVIDES TO YOU FOR USE ON A MOBILE DEVICE (A "MOBILE APPLICATION") AND SERVICES ASSOCIATED WITH THE SITES OR MOBILE APPLICATIONS (“SERVICES”).  BY USING A SITE, MOBILE APPLICATION OR ANY SERVICE, YOU ARE AGREEING TO ALL OF THESE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE ANY SITE, ANY MOBILE APPLICATIONS, ANY SERVICES MADE AVAILABLE THROUGH THE SITES OR MOBILE APPLICATIONS OR ANY INFORMATION CONTAINED ON THE SITES OR IN MOBILE APPLICATIONS. 

Changes

Conair may make changes to the content and Services offered on the Sites or via the Mobile Applications at any time. Conair can change, update, or add or remove provisions of these Terms, at any time by posting the updated Terms on the applicable Site(s) or Mobile Applications. By using any Site or Mobile Application after Conair has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Sites and Mobile Applications.

General Use.

By using a Site or Mobile Application, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old (a “Minor”), that you are using the Site and/or Mobile Application with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to agree to these Terms.  If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless Conair if the Minor breaches any of these Terms. Our Sites and Mobile Applications are not targeted toward, nor intended for use by, anyone under the age of 13. If you are not at least 13 years old, you may not use our Sites or Mobile Applications at any time or in any manner or submit any information to Conair, the Sites or the Mobile Applications. 

Conair provides content through the Sites and Mobile Applications that is copyrighted and/or trademarked work of Conair, Conair’s third-party licensors and suppliers, or other users of the Sites and/or Mobile Applications (collectively, the “Materials”).  Materials may include logos, graphics, video, images, software and other content. Subject to the terms and conditions of these Terms, and your compliance with these Terms, Conair hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use the Sites solely for your personal use.  Except for the foregoing license (and the license set forth in the section below entitled Mobile Applications), you have no other rights in the Sites or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any Site, Mobile Application or Materials in any manner.

If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.

Using the Site and the Services.

You need not always register with Conair to simply visit and view the Sites and use many of the Services available on the Sites.  However, Conair may from time to time require you to register for an account with Conair in order to access certain password-restricted areas of a Site, Mobile Applications and to use certain Services and Materials offered on and through a Site or Mobile Application. 

If account registration is offered or required and you desire to register for an account with Conair, you must submit information via the Mobile Application or through the account registration page on the Site (as applicable), which may include your e-mail address, name and mailing address.  You may also have the ability to provide additional optional information about yourself, which is not required to register for the account, but may be helpful to Conair in providing you with a more customized experience when using the Site, the Mobile Application or the Services they provide.  Once you have submitted your account registration information, Conair shall have the right to approve or reject the requested account, in Conair’s discretion. If your account is approved, you will be permitted to log in to the applicable Site(s), Mobile Application(s) or Service(s) using the password you select.

You may also be provided with the ability to register for an account on the Site or Mobile Application using your existing account and log-in credentials through the certain Third-Party Sites (as defined below) such as Facebook or Twitter. 

You are responsible for maintaining the confidentiality of your Conair password and any Third-Party Site password used to access our Sites, Mobile Applications and/or Services (collectively, "Passwords”), and you are responsible for all activities that occur using your Passwords. You agree not to share your Passwords, let others access or use your Passwords, or do anything else that might jeopardize the security of your Passwords.  You agree to notify Conair if any of your Passwords is lost or stolen, if you are aware of any unauthorized use of your Passwords or if you know of any other breach of security in relation to any Site or Mobile Application.

All the information that you provide when registering for an account and otherwise through the Sites or Mobile Applications must be accurate, complete and up to date.  You may change, correct or remove any information from your account by logging into your account directly and making the desired changes. 

Standard carrier data charges may apply to your use of the Sites and Mobile Applications and are your responsibility.

Electronic Communications.

By using a Site, a Mobile Application and/or the Services, you consent that you might receive electronic communications from Conair.  Where applicable, these electronic communications may include notices about any applicable fees and charges, transactional information and other information concerning or related to the Site, Mobile Application and/or Services provided on or through the Site and/or Mobile Applications.  These electronic communications are part of your relationship with Conair.  

Privacy Policy.

Please review Conair’s Privacy Policy, which is available atHYPERLINK "http://www.btscalesbyconair.com.au/privacy-policy" http://www.btscalesbyconair.com.au/privacy-policy(the “Privacy Policy”) which explains how we use information that you submit to Conair.

Links to Third-Party Sites.

Our Sites or Mobile Applications may be linked to other websites that are not Conair sites, including, without limitation, social networking, blogging, partner websites or applications and similar websites/application through which you are able to log into a Site or Mobile Application using your existing account and log-in credentials for such third-party sites, websites from which you may purchase Conair products and websites with content that you may find interesting or that can interact and link/share content with our Sites and/or Mobile Applications (collectively, “Third-Party Sites”).  Certain areas of a Site or Mobile Application may allow you to interact and/or conduct transactions with such Third-Party Sites and/or allow you to configure your privacy settings in your Third-Party Site account to permit your activities on our Site or Mobile Application to be shared with your contacts in your Third-Party Site account. In certain situations, you may be transferred to a Third-Party Site through a link but it may appear that you are still on our Site or Mobile Application. In any case, you acknowledge and agree that the Third-Party Sites may have different privacy policies and terms and conditions of use than are found on our Sites, and you further acknowledge and agree that, in such cases, your use of such Third-Party Sites is governed by such third party privacy policies and terms and conditions of use.  Conair provides links to Third-Party Sites to you as a convenience, and we do not verify, make any representations about, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality or completeness of the content, services, links displayed and/or any other activities conducted on or through such Third-Party Sites. YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, CONAIR WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, INFORMATION, RESOURCES AND/OR CONTENT AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES, FOR YOUR DEALINGS OR COMMUNICATIONS WITH ANY THIRD PARTIES, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE CONTENT, PRODUCTS, SERVICES OR BUSINESS PRACTICES OF ANY THIRD PARTY.  Unless specifically stated on our Site or Mobile Application, we do not endorse any such Third-Party Sites, the products, services, or materials found there, or any results that may be obtained from using them.

Submissions.

You are responsible for the information, opinions, messages, comments, photos, videos, graphics, sounds and other content or material that you submit, upload, post, create or otherwise generate or make available on or through any of our Sites, Mobile Applications or Services (each a “Submission”).  You may not upload, post or otherwise generate or make available to us any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right, and the burden of determining whether any material is protected by any such right is on you.  You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from any Submission that you make. You have full responsibility for each Submission you make, including its legality, reliability and appropriateness. 

Unless otherwise explicitly stated herein or in the Conair Privacy Policy, you agree that any Submission provided by you is provided on a non-proprietary and non-confidential basis.  You hereby grant to Conair, its affiliates, successors and assigns and any customer, vendor, service provider, licensor or licensee of Conair or other person, in each case as authorized or permitted by Conair (collectively “Business Partners”, and together with Conair, its affiliates and any of their licensees, the “Licensees”) a non-exclusive, perpetual, irrevocable, royalty-free, fully paid-up, worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works, publish, transmit and distribute each of your Submissions, or any portion thereof, in any form, medium or distribution method now known or hereafter existing, known or developed, for any purpose, including without limitation, any purpose relating to the Sites, the Mobile Applications and/or the Services or the marketing, advertising and promotion of Conair’s goods and services.  Said uses may include, but are not limited to, posting a Submission on any website or social media site, transmitting the Submissions to consumers via e-mail and reproducing, displaying the Submissions on computers and mobile devices or reproducing your Submissions in print. To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights, including the rights of attribution and integrity in your Submissions, if any, against any Licensee. Any Licensee may modify or adapt your Submissions in order to transmit, display or distribute them over computer networks and in various media and/or make changes to the Submissions as necessary to conform and adapt them to any requirements or limitations of any networks, devices, services or media. Conair agrees to use any personally identifiable information contained in any of your Submissions in accordance with Conair’s Privacy Policy.

You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions you provide.

When you provide Submissions you agree that those Submissions shall not be in violation of the “Unauthorized Activities” paragraph below.  Those prohibitions do not require Conair to monitor, police or remove any Submissions or other information submitted by you or any other user.

Unauthorized Activities.

When using the Sites and/or Mobile Applications, you agree to abide by common standards of decency and act in accordance with the law.  By way of example and not limitation, you agree not to:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Use racially, ethnically, or otherwise offensive language.

Discuss or incite illegal activity.

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Post anything that exploits children or minors or that depicts cruelty to animals.

Post any copyrighted or trademarked materials without the express permission from the owner.

Disseminate any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of such solicitation.

Use any robot, spider, scraper or other automated means to access the Site or Mobile Application.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Alter the opinions or comments posted by others on a Site or via a Mobile Application.

Post anything contrary to our public image, goodwill or reputation.

This list of prohibitions provides examples and is not complete or exclusive.  To the maximum extent permitted by law, Conair reserves the right to (a) terminate access to your account and/or your ability to post to the Sites (or use the Mobile Applications or Services) and (b) refuse, delete or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Conair determines is inappropriate or disruptive to a Site, a Mobile Application or to any other user of the Site, Mobile Application and/or Services.  Conair may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Conair’s discretion, Conair will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.

Unauthorized use of any Materials contained on the Sites or Mobile Applications may violate certain laws and regulations.

You agree to indemnify and hold Conair and any other Licensee and their respective officers, directors, employees and agents harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) Conair or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding any claim or demand relating to or arising out of your use of any Site or Mobile Application (including any Service available through such Site or Mobile Application), the use of a Site or Mobile Application by any person using your user name and/or Password (including without limitation, your participation in the posting areas), your Submissions or your violation or misappropriation of any applicable law, regulation, or the copyrights, trademark rights or other rights of any third party.

Proprietary Rights.

The trademarks, logos, and service marks displayed on the Sites and/or Mobile Application (collectively, the "Trademarks") are and remain the registered and/or common law marks of Conair, our affiliates, our licensors or our partners, in Australia, the United States and other countries, and are protected by Australian, United States and international trademark laws. 

Unless otherwise specified in these Terms, all information and screens appearing on the Sites or Mobile Applications, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Conair, our affiliates, our licensors or our partners.  All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law or as permitted by these Terms, any reproduction, distribution, modification, retransmission, or publication of any Trademark or copyrighted material is strictly prohibited without the express written consent of the owner.

Intellectual Property Infringement.

Conair respects the intellectual property rights of others, and we ask you to do the same.  Conair may, in appropriate circumstances and at our discretion, terminate service and/or access to and use of the Sites and/or Mobile Applications for users who infringe the intellectual property rights of others.  If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on a Site, please provide us the following information via email toHYPERLINK "mailto:aus_info@conair.com" aus_info@conair.com or by mail in Australia at Conair Australia Pty Ltd, PO Box 146, Terrey Hills NSW 2084 or in New Zealand at Conair New Zealand Limited, PO BOX 251159, Pakuranga, Auckland 1706.  

Identification of the copyrighted and/or trademarked work claimed to have been infringed;.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Site or Mobile Application, and information reasonably sufficient to permit Conair to locate the material.

Information reasonably sufficient to permit Conair to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information you provide is accurate, and whether you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

We will investigate complaints that we receive and will take the actions we deem appropriate, in accordance with the applicable laws, and notify you accordingly.

Conair may contact the person whose material is subject to a complaint for further details, where it deems it appropriate. Conair reserves the right, in its sole discretion, to remove any Submission or other material submitted by users at any time from its Sites and Mobile Applications in its absolute discretion.

Disclaimer of Medical Liability.

YOU UNDERSTAND AND AGREE THAT THE SITES, MOBILE APPLICATIONS, SERVICES AND ANY MATERIALS DO NOT PROVIDE MEDICAL ADVICE. RELIANCE ON ANY INFORMATION PROVIDED IS SOLELY AT YOUR OWN RISK. THESE SITES, MOBILE APPLICATIONS, SERVICES AND ANY MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. THE INFORMATION PROVIDED IS NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF CONTENT PRESENTED ON THE SITES OR MOBILE APPLICATIONS. IF YOU HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 000 IMMEDIATELY. AS SET FORTH MORE FULLY BELOW, TO THE EXTENT PERMITTED BY LAW, CONAIR WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING FROM THE SITES, MOBILE APPLICATIONS, SERVICES AND ANY MATERIALS.

Disclaimer of Warranties.

Your use of the Sites, Mobile Applications and Services is at your own risk.  While we seek to provide relevant and accurate content, all Materials have not been verified or authenticated in whole or in part by Conair, and they may include inaccuracies or typographical or other errors.  Conair does not warrant the accuracy of timeliness of the Materials contained on the Sites and/or Mobile Applications. To the maximum extent permitted by law, Conair has no liability for any errors or omissions in the Materials, whether provided by Conair, our licensors or suppliers or other users.

SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)) AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 OR SIMILAR CONSUMER PROTECTION LAWS IN AUSTRALIA ABD NEW ZEALAND, CONAIR, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THE SITES, THE MOBILE APPLICATIONS, THE SERVICES, OR ANY MATERIALS, OR RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES OR MOBILE APPLICATIONS.  SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)), THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 OR SIMILAR CONSUMER PROTECTION LAWS IN AUSTRALIA AND NEW ZEALAND, UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITES, THE MOBILE APPLICATIONS, THE SERVICES, THE MATERIALS, AND ANY INFORMATION CONTAINED OR PRESENTED ON THE SITES AND/OR MOBILE APPLICATIONS IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS.  SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH)), THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 OR SIMILAR CONSUMER PROTECTION LAWS IN AUSTRALIA AND NEW ZEALAND, CONAIR DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.

Limitation of Liability.

SUBJECT TO THE RIGHTS YOU MAY HAVE UNDER THE AUSTRALIAN CONSUMER LAW (AS ENSHRINED WITHIN SCHEDULE 2 OF THE COMPETITION AND CONSUMER ACT 2010 (CTH))   AND/OR THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 OR SIMILAR CONSUMER PROTECTION LAWS IN AUSTRALIA AND NEW ZEALAND: (A) CONAIR SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR USE OF THE SITES, MOBILE APPLICATIONS OR ANY SERVICES, OR FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THE SITES OR MOBILE APPLICATIONS; AND (B) IN NO EVENT SHALL CONAIR BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CONAIR KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.

NOTHING IN THESE TERMS LIMITS, EXCLUDES OR MODIFIES THE STATUTORY CONSUMER GUARANTEES AS PROVIDED UNDER THE COMPETITION AND CONSUMER ACT 2010 (CTH) OR ANY OTHER IMPLIED WARRANTIES UNDER THE ASIC ACT, THE NEW ZEALAND CONSUMER GUARANTEES ACT 1993 OR SIMILAR CONSUMER PROTECTION LAWS IN AUSTRALIA, EXCEPT WHERE CONAIR IS LEGALLY PERMITTED TO DO SO. IF IT IS LEGALLY PERMITTED TO DO SO, THEN CONAIR LIMITS ITS LIABILITY TO THE FOLLOWING: (1) IN THE CASE OF GOODS, ONE OR MORE OF THE FOLLOWING AT CONAIR’S DISCRETION: (A) THE REPLACEMENT OF THE GOODS OR THE SUPPLY OF THE EQUIVALENT GOODS; (B) THE REPAIR OF THE GOODS; (C) THE PAYMENT OF THE COST OF REPLACING THE GOODS OR OF ACQUIRING EQUIVALENT GOODS; OR (D) THE PAYMENT OF HAVING THE GOODS REPAIRED; AND (2) IN THE CASE OF SERVICES: (A) THE SUPPLYING OF THE SERVICES AGAIN; OR (B) THE PAYMENT OF THE COST OF HAVING THE SERVICES SUPPLIED AGAIN. 

Local Laws; Export Control.

Conair controls and operates the Sites and Mobile Applications from its offices in Australia, and the Services, Materials and Mobile Applications may not be appropriate or available for use in other locations, except for New Zealand.  If you use a Site, Mobile Application and/or Services outside Australia and New Zealand, you are solely responsible for following applicable local laws.

Feedback.

If you send or transmit any communications, comments, questions, suggestions, or related materials to Conair, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to a Site, a Mobile Application, any Services, or any Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as non-confidential and non-proprietary.  Subject to and to the extent permitted by any applicable laws, you hereby provide permission and a non-exclusive, perpetual, irrevocable, royalty-free, and worldwide license (including the right to sublicense through multiple tiers) to use, reproduce, process, adapt, publicly perform, publicly display, modify, prepare derivative works from, publish, transmit and distribute any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback, without any retribution or compensation to you.  You understand and agree that Conair is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.

Severability

If any clause within these Terms is found to be illegal or unenforceable, that clause will be severed from these Terms , and the remainder of these Terms will be given full force and effect

Mobile Application

Conair may make Mobile Applications available for use with mobile devices.  To use a Mobile Application you must have a compatible mobile device. Conair does not warrant that any Mobile Application made available to you will be compatible with your mobile device.  Conair hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application on one mobile device owned or leased solely by you, for your personal use.  You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application.  You acknowledge that Conair may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and Conair and its third-party licensors or suppliers retain all right, title, and interest in and to any Mobile Application (and any copy of the Mobile Application) Conair may make available to you. Standard carrier data charges may apply to your use of the Mobile Application.

The following additional terms and conditions apply with respect to any Mobile Application that Conair may provide to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

You acknowledge that these Terms are between you and Conair only, and not with Apple, Inc. (“Apple”).

Your use of the iOS App must comply with Apple’s then-current App Store Terms of Service.

Conair, and not Apple, is solely responsible for the iOS App and the Services and content available through the use thereof.  You acknowledge that Apple has no obligation to provide maintenance and support services with respect to the iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to the iOS App.

You agree that Conair, and not Apple, is responsible for addressing any claims by you or any third party relating to the iOS App or your possession and/or use of the iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.

You agree that Conair, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to the iOS App or your possession and use of the iOS App.

You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.

You agree to comply with all applicable third-party terms of agreement when using the iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).

The parties agree that Apple and Apple’s subsidiaries are third-party beneficiaries to these Terms as they relate to your license of the iOS App.  Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third-party beneficiary thereof.

The following additional terms and conditions apply with respect to any Mobile Application that Conair may provide to you designed for use on an Android-powered mobile device (an “Android App”):

You acknowledge that these Terms are between you and Conair only, and not with Google, Inc. (“Google”). 

Your use of the Android App must comply with Google’s then-current Google Play Terms of Service.

Google is only a provider of the Android Market where you obtained the Android App.  Conair, and not Google, is solely responsible for the Android App and the Services and content available through the use thereof.  Google has no obligation or liability to you with respect to the Android App or these Terms.

General.

Conair prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action, where possible.  However, certain violations of these Terms, as determined by Conair, may result in immediate termination of your access to the Sites or ability to use our Mobile Applications without prior notice to you. These Terms are governed by and construed in accordance with the laws in force in the State of New South Wales, Australia. You irrevocably and unconditionally agree to submit to the exclusive jurisdiction of the courts of New South Wales, Australia.  Foreign laws do not apply. Conair’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and Conair and supersede all prior or contemporaneous negotiations, discussions or agreements between you and Conair about the Sites, the Mobile Applications, and/or any Services. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.

Contact Us.

If you have any questions about these Terms, you can reach us by email at aus_info@conair.com or by mail in Australia at Conair Australia Pty Ltd, PO Box 146, Terrey Hills NSW 2084 or in New Zealand at Conair New Zealand Limited, PO BOX 251159, Pakuranga, Auckland 1706.

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